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Rights groups laud UN expert recommendation to abolish NTF-ELCAC, repeal anti-terror law

Environmental and human rights groups hailed a United Nations (UN) expert’s recommendations to abolish the government’s anti-insurgency task force and the country’s anti-terrorism law after a 10-day investigation in the Philippines.

In a joint statement, the Kalikasan People’s Network for the Environment (Kalikasan PNE) and the Philippines UPR (Universal Periodic Review) Watch said they welcome the statement made by UN Special Rapporteur on Climate Change and Human Rights Dr. Ian Fry recommending the abolition of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and the repeal of Republic Act No. 11479, the Anti-Terrorism Act (ATA) of 2020.

In his exit statement last Wednesday, November 15, Fry said he listened to complaints by indigenous peoples groups, environmental rights defenders and other civil society organizations  who were abducted, bombed and killed for opposing reclamation projects, hydro-electric dams, destructive mining and deforestation.

“They told me horrific stories on how they have been treated. I have listed in my recommendations to disband the NTF-ELCAC because it is clear that it’s operating beyond its original mandate,” Fry said.

“It is evident that the NTF-ELCAC is using its powers to protect key economic interests in the country. This has nothing to do with anti-terrorism or anti-communism. The military’s gross overreaction to people trying to defend their right to a safe, clean health and sustainable environment is totally unacceptable. The NTF-ELCAC should be disbanded,” Fry added.

The expert also said he would recommend ATA’s repeal after hearing stories of “totally unreasonable” designation of church and humanitarian workers as so-called terrorists whose funds are being held by the government.

Kalikasan PNE and the Philippine UPR Watch said Fry’s findings are welcome as they “(make) it clear that President Ferdinand Marcos Jr.’s posturing as a climate change advocate” are merely for show.”

Rights group Karapatan also lauded Fry’s exit statement, saying it puts on center stage “the sinister role played by the NTF-ELCAC and the dangerous impact of the terror law on the lives and safety of environmental human rights defenders in the country.

The group noted that the Philippines is one of the world’s deadliest countries and Asia’s worst for environmental defenders in the past 10 years.

“Killings of environmental defenders peaked during the Duterte regime, which accounted for 205 or 73% of the 281 extra-judicially from 2012 to 2022,” Karapatan revealed.

The group added that the Marcos Jr. government is not doing better, citing the case of anti-Manila Bay reclamation campaigners who revealed being abducted by the NTF-ELCAC and the Philippine Army last September.

Bato, Task Force take exception

Reacting to the UN expert’s recommendations, Senator Ronald dela Rosa said Fry is “one of the most misinformed foreigners.”

In a budget hearing at the Senate Wednesday night, dela Rosa said Fry’s views might have changed if he only involved NTF-ELCAC in his investigations.

National security adviser and NTF-ELCAC vice chairperson Eduardo Año also said Fry should have met with the task force “to ensure that he has a full appreciation of the body’s mandate, operations, and overall directions.”

The NTF-ELCAC said it will seek a dialogue with Fry in the future.

Move to defund

But Karapatan said NTF-ELCAC’s “boilerplate responses” to Fry’s observations “further expose its propensity to disregard and distort human rights.”

“NTF-ELCAC’s statement that it is a ‘working and effective human rights mechanism’ is a ludicrous claim, considering its track record of propagating lies and its long list of crimes against the Filipino people,” Karapatan said.

The group said Fry should instead be commended for lending his voice to the growing call for an end to the NTF-ELCAC and ATA menace on people’s rights.

Karapatan added it anticipates Fry’s full report on his official visit to the Philippines to the UN Human Rights Council in June 2024.

“We hope that he can also look further into the militarist approach in the counterinsurgency policy of the Marcos Jr. – Duterte administration that drives NTF-ELCAC and the use of the terror law against environmental defenders and communities, as well as the neoliberal policies that spur destructive big reclamation, dam and mining projects that displace and violate rights of the people,” Karapatan said.

Meanwhile, Bagong Alyansang Makabayan said that in line with Fry’s recommendations, Congress should immediately move to defund NTF-ELCAC to prevent more human rights abuses in the country. # (Raymund B. Villanueva)

Panata ng Naiwang Panyapak

Ni Pia Montalban

Hindi na namin sila nasamahan

kahit amin nang nakasanayan

na hindi mag-iwanan

liban pahinga ang nananawagan.

Kasama nila kami sa mga pamayanan,

nakinig ng hinaing ng mga mamamayan,

nakilakbay sa mga mamamalakaya,

naging kaisa sa kanilang mga panawagan.

Subalit, nang gabing iyon, maulan

sa kalsada ng Manrique, iniwan

ng mga hiyaw na pumailanlang

sa pamayanan—ang aming paalamanan.

Tigalgal kaming mga naging piping saksi,

mga naiwang ulila sa may-ari at kapares,

mga walang buhay na bagay

pero punumpuno ng ingay.

Ituturo namin na may naganap na dahas,

na may naisakatuparang krimen.

Patunay na totoo ang pananakot at teror.

Kami ang nagpangalan sa mga biktima.

Kami na saksi ng sapilitang pagkawala,

nang marahas na hatakin

ng mga armadong lalaki

ang mga katawang may suot sa amin;

Na pinilit pang umakyat ng tarangkahan,

magmakaawa na masaklolohan;

magpumiglas sa tangkang pagpapatahimik,

magpakaladkad huwag lamang mabitbit.

Saksi kami sa kanilang mga bigat,

sa bawat hakbang nilang lapat,

sa bawat mithi nilang payak,

sa bawat pangarap nilang tiyak.

Hindi na namin sila nasamahan.

Hindi na namin sila nasamahan.

Susunduin na lamang namin ang hustisya,

hahanapin ang dalawang kasama.

= = = = = =

Sina Jhed Tamano at Jonila Castro.

Dinukot ng mga hindi pa nakikilalang kalalakihan sina Jhed Tamano at Jonila Castro, mga dating mag-aaral ng Bulacan State University noong ika-2 ng Setyembre, 2023. Sina Tamano at Castro ay mga organisador ng mga pamayanan sa Bataan at Bulacan na apektado ng sari-saring proyektong reklamasyon sa Manila Bay.

Businessmen cashing in on Metro Manila Reclamation project–IBON

Research group IBON said that the Manila Bay reclamation project under the Build, Build, Build program is a profit-led infrastructure plan that will mainly benefit big business.

The group said that contrary to government claims, the project will displace nearby communities from their homes and livelihoods and destroy the environment.

The Manila Bay Reclamation project involves a series of infrastructure reclamation projects spanning the coasts of Bulacan, Manila, Pasay, and Cavite.

According to the Philippine Reclamation Authority, there are a total of 22 proposed projects for Manila Bay alone, four of which have been approved.

The project is under the “Operational Plan for the Manila Bay Coastal Strategy (OPMBCS)” by the Japan International Cooperation Agency (JICA).

It aims to tap private sector investments to develop Manila Bay and supposedly usher economic growth.

IBON said that there are a number of corporations set to build and profit from these projects during the Manila Bay Reclamation.

The largest and most expensive of these are being carried out by the San Miguel Corporation (SMC) led by Ramon Ang.

The Php735-billion Bulacan International Airport or Aerotropolis will reclaim around 2,500 hectares of Manila Bay waters, and the Php400-billion Manila Bay Integrated Flood Control project will reclaim 11,200 hectares.

The Php72-billion Pasay Harbor Reclamation Project will be built by the Pasay Harbor City consortium made up of the Udenna Development Corp. (UDEVCO), Ulticon Builders, Inc., and China Harbour Engineering Company Limited.

The project will reclaim and develop 265 hectares for various tourist attractions, high-rise and low-rise condominiums, and a yacht pier.

IBON observed that long-time Duterte supporter and Davao businessman Dennis Uy has a stake in these reclamation projects through his company UDEVCO.

A top contributor to Duterte’s 2016 presidential campaign, Uy’s companies have so far bagged under the administration the original proponent status for the Davao Monorail Project; the Department of Energy’s nod to develop the country’s first liquified natural gas terminal together with Chinese firm, CNOOC Gas and Power Group Co. Ltd; as well as the third telco slot under the Mislatel consortium.

Other big companies with projects lined up in Manila Bay include the Manila Solar City Project of the Manila Goldcoast Development Corp (MGDC), a subsidiary of the Wilson Tieng-led Solar Group of Companies, and the Sy Family with various reclamation projects in Pasay City.

Mostly urban poor communities stand to lose their homes and livelihoods to make way for reclamation projects, said IBON.  

The government announced its plan to relocate around 220,000 families living in Manila Bay to National Housing Authority (NHA) relocation units in Central Luzon and Southern Tagalog.

But the plan for livelihood and services provision remains to be seen.  

Meanwhile, the livelihoods of 5,000 fisherfolk will be affected by SMC’s Aerotropolis.

According to national fisherfolk federation, Pamalakaya, 20,000 fisherfolk will be affected by the construction of the Navotas Boulevard Business Park, part of the reclamation project.

Moreover, documents from the Environmental Management Bureau (EMB) state that the projects will have ecological impacts in Manila Bay.

Throughout the construction of the various projects, contaminants from dredged sediments will be released, deplete dissolved oxygen, and destroy natural habitats of sardines and mangroves found in Manila Bay. 

Once finished, the projects will interfere with the natural tide flow of water in the area and erode the shoreline of nearby beaches. The erosion could cause flooding in nearby low-lying areas especially during a typhoon.

IBON said that with the data from the EMB, all the more, government should follow its own environmental impact assessment.

IBON also said that while Manila Bay should be rehabilitated, the government’s current plan serves the interest of a profit-minded few and will cause significant displacement and environmental damage.

The government should suspend the Manila Bay reclamation project and develop a rehabilitation plan that is environmentally sustainable and will improve the conditions and livelihoods of people living in Manila Bay, said the group. #

‘Manila Bay is still alive,’ fisher folks opposing reclamations say

A special report by Reynald Denver del Rosario

MANILA BAY is alive and still able to provide livelihood for thousands of fisher folk and their families, communities and environmental groups say as they continue their campaign against ongoing and future government reclamation projects on one of the country’s most important body of water.

Last year, President Rodrigo Duterte has given the green light to more than 80 billion peso worth of reclamation projects implemented by the Philippine Reclamation Authority (PRA). Despite opposition from various sectors, the government ordered a fast-tracked completion purportedly to give way to economic development and ease the metro’s traffic woes, among other reasons.

But beyond these promises of change and progress lie concrete problems faced by the environment and grassroots communities. One of the affected areas is Manila Bay, a body of water which different coastal communities rely on for their living.

With the implementation of these massive reclamation projects at full swing, affected residents face threats of losing their livelihood and communities. Since then, communities have strengthened their unity as they fight for their rights as citizens.

A Manila Bay fisher tending his boat after a day out trying to make a living. (Photo by R. Villanueva / Kodao)

  1. Manila Bay to be ravaged by eight reclamation projects

The eight ongoing and planned reclamation projects on Manila Bay include the 650-hectare Navotas Business Park reclamation project, first initiated in the 1960s but was revived during the administration of President Benigno “Noynoy” Aquino.

Manila City Mayor Joseph Estrada has also recently approved a fourth reclamation project under his term—the 419-hectare Horizon Manila project at an estimated cost of P100-billion. It involves the construction of a commercial hub composed of three new islands. This approval came two months after Estrada approved the P7-billion Manila North Harbor expansion, which will reclaim 50 hectares from the waters of the bay.

Last February, Estrada approved the New Manila Bay International Community project, a 407-hectare mixed-use commercial and tourism center proposed by UAA Kinming Development Corporation.

Estrada also upheld the Solar City project, a major entertainment hub which covers 148 hectares and approved by his predecessor Alfredo Lim.

Another reclamation intervention is the 635-hectare Las Piñas-Parañaque Coastal Bay project intended to be a residential, industrial, educational and commercial zone.

The other reclamation projects in Manila Bay include the 360-hectare project in Pasay City and the 300-hectare project in Parañaque City, a public-private partnership with a giant mall and real estate company as the private-sector partner.

These massive reclamation projects in Manila Bay are part of a larger national reclamation plan pursued by the government purportedly to further boost the country’s economy. These, however, shall come at the expense of fisherfolk and coastal communities being displaced, fisher folk and environmental groups said.

  1. Despite massive pollution, Manila Bay is still thriving.

The Manila Bay area is one of the Philippines’ major center of economic activity, including fishing and aquaculture activities. However, its ecosystem continues to face problems from multiple developments taking place in the area.

Pollution, over-fishing, and loss of habitats are few of the issues threatening Manila Bay, according to the Partnerships in Environmental Management for the Seas of East Asia (PEMSEA). Its effects include the significant degradation of the involved ecosystems and biodiversity, which eventually affects those who are dependent on it.

According to the Center for Environmental Concerns (CEC), fish are already scarce in the bay according to a public scoping undertaken by no less than the Department of Environment and National Resources (DENR).

Fisher folk challenges the claim, however, saying the DENR study is being used to justify the planned demolition of their communities and livelihood by and on the bay.

According to Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (PAMALAKAYA-Pilipinas), fishermen still harvest a considerable amount of fish from Manila Bay. For them, the government should rehabilitate the waters, not reclaim them.

Navotas City, for example, benefits from what the waters of Manila Bay still have to offer. Dubbed as the “Fishing Capital of the Philippines” Navotas City and its residents largely depend on fishing and related industries for livelihood. Residents of Barangay Tangos in Navotas still benefit from the waters to sustain their livelihood, despite various obstacles. Fishermen harvest different kinds of seafood, including shellfish, squid and shrimp, among others.

An urban poor community sits under the shadow of the towering buildings of Makati City and along the polluted Parañaque River. (Photo by Raymund B. Villanueva / Kodao)

  1. Waste is used as justification to displace the coastal communities.

Forty eight year old fisherman Romeo Broqueza of Barangay Tangos couldn’t hide his frustration with Manila Bay’s waste problem, saying that the issue is used against them. According to him, most of the waste came from other places and not from their community itself.

“Kung tutuusin, pwede iyang pag-usapan, kasi madali lang naman linisin iyan e. Nandiyan ang barangay, tutulong yan,” he said. “Ngayon, ginagamit nilang dahilan ‘yang kalat para paalisin kami dito.”

Residents also scored the dumping of waste in nearby communities. According to Nieves Sarcos of PAMALAKAYA, big barges continue to deliver 100 truckloads of trash to Barangay Tanza per day.

“Mataas na ang basura, parang bundok na,” she said. “Maraming nahuhulog na basura mula sa barge, tapos aanurin papunta sa amin.”

In 2008, the Supreme Court (SC) issued a writ of continuing mandamus directing 13 government agencies to clean up, rehabilitate and preserve Manila Bay in 10 years.

PAMALAKAYA claims that almost 60 percent of pollution entering Manila Bay comes from Pasig River, in which 80 percent comes from industries and commercial establishments in Metro Manila.

Manila Bay Coordinating Office executive director Antonio Gaerlan stated that wastewater from 86 percent of the 14 million households served by water concessionaires is still directly flushed out into Manila Bay. The mandatory construction of wastewater treatment facilities for all households, establishments and industries was not included in the privatization of water services under the Fidel Ramos administration with Manila Water and Maynilad Water Services.

PAMALAKAYA has condemned past and present administrations that use the SC’s order as justification to demolish fishing communities.

The fisher folk group continues to push for the rehabilitation and clean-up of Manila Bay. With its continued destruction, small-scale fishermen have experienced the trend of fish-catch depletion, from 10 to 15 kilos down to two to five kilos of average catch per day.

A fisher folk is heading out to Manila Bay from the Malabon River. (Photo by Raymund Villanueva / Kodao)

  1. Government policies threaten the livelihood of fishing communities.

According to PAMALAKAYA and Kalipunan ng Damayang Mahihirap (KADAMAY), the Navotas Business Park reclamation project would displace 20,000 fisher folk and residents across four coastal barangays in Navotas City.

The group added that fresh and affordable fish from Navotas would also become unavailable due to the displaced communities.

Markers and fences are already constructed along the shores of Barangay Tangos in preparation for the project. The fisher folk fear that the barriers would block their fishing boats from going offshore and restrict their already limited fishing activities.

According to Republic Act 10654 or “An Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing,” small and medium fishing vessels are only allowed to operate within 10 to 15 kilometers from the coastline in municipal waters.

Fishermen are directly affected with this policy. According to them, fish of high value like tilapia and bangus cannot be found in the shallow areas; they are forced to prioritize crabs, squid, shrimp, and other small fish, which do not sell as much.

According to Broqueza, only big ships benefit from the Manila Bay since small-scale fishermen can’t go too far out to sea.

“Dati communal ‘yang Manila Bay. Malalaking isda talaga tulad ng tuna at bangus ang nahuhuli diyan, kahit ng mga maliliit na mangingisda. Kaso, ngayon, wala na,” he added.

Fish continue to dwindle because of large-scale fishing by big companies, fisherfolk say. “Pag maliliit na fishers, ‘yung sapat lang at di sobra-sobra. Yung mga negosyo kasi, sobrang mangisda,” Broqueza said.

Due to the declining fish catch, small-scale fishermen choose not to bring their fish to the Navotas Fish Port for offloading.  Instead, they do business in their barangay despite earning substantially less. According to Dodong Remojo, a fisherman of 30 years, around 70 to 80 percent of the fish in the port come from Palawan anyway.

Fishermen also suffer from various violations imposed on them. There are no markers which indicate the 15-kilometer distance from the shoreline—they only estimate how far they have sailed. The ambiguity makes them vulnerable to violating the limitations stated by the law.

Patrol activities by the Philippine Coast Guard (PCG) and the Bureau of Fisheries and Aquatic Resources (BFAR), fisher folk say, have become a venue for corruption through the filing of various violations against small scale fisher folk.. “Hindi ka pa nga nakakalagpas, nahuli ka na e,” a resident said. Fishermen are charged from P100,000 to as high as P1.5-million, depending on the violation, including illegal equipment, lack of permit and exceeding 15 kilometers, among others.

Forty-four year-old fisherman Danilo Tulda said the officials are on patrol day and night to get the chance to yield profit from accused violations. “Araw-araw ‘yan sila, nag-aabang talaga sa laot. Kapag tumakbo ka, papuputukan ka,” Tulda said.

Rafael Sales, a fisherman for 33 years, said they were forced to pay a fine of P1.5-million after supposedly violating the law while fishing in Bataan. They were lucky as the officials eventually agreed to lower the fine to P150,000. “Kahit wala kang violation, lalagyan ka. Kaya bang bayaran ng mga mangingisda ‘yon?” Sales said.

Children of fishing families practice their skills on makeshift rafts on the Malabon River. (Photo by Raymund Villanueva / Kodao)

  1. Damage has been done by the reclamation projects, and will continue to do so.

CEC’s Lia Alonzo cites previous reclamation projects as contributory to more hazards on the bay, such as the one which gave way to a giant mall by the bay and even earlier ones such as the Cultural Center of the Philippines complex undertaken under the Ferdinand Marcos regime.

Geologists said further reclamation projects pose greater danger as the area stands on top of a fault line. The Philippine Institute of Volcanology and Seismology (PHIVOLCS) already said that Metro Manila is overdue for a strong magnitude 7.2 earthquake from the West Valley Vault that traverses Metro Manila from north to south.

Alonzo cites the flaws of DENR’s issuance of the environmental compliance certificate (ECC) under the Philippine Environmental Impact Statement (EIS) as one of the factors.

The ECC is an issued document after a positive review that a project meets environmental laws and policies and certifying that the proposed project will not cause significant negative environmental impact. In practice, however, issuance of the said document favors the reclamation projects and its proponents.

According to CEC, the government failed to evaluate larger domino effects of the reclamation projects to different communities. “Nakikita natin na may mga lugar na maaapektuhan ng projects pero di na sakop ng EIS,” Alonzo said.

PRA said that engineering solutions will be applied to prevent potential damage.

CEC, however, stated that such processes are both expensive and are not foolproof. CEC maintains their stance of rehabilitating the Manila Bay under the mandamus issued by the SC. Reclamation, they say, will further destroy the already damaged ecosystems and shall affect many fisher folks.

“It is not enough reason to say na wala naman nang buhay diyan, kaya hayaan na lang nating i-reclaim,” Alonzo said. “Para sa mga mangingisda, di pa huli ang lahat para ma-rehabilitate ang Manila Bay.” #