NCCP calls for State’s accountability on James Balao’s disappearance

BAGUIO CITY- “Let us continue to search for James and the other disappeared. To search for them is to search for justice and peace. To continue searching is keeping alive the hope that we in the Philippines deserve better from those who lead in government. It is a struggle to make that hope a reality. A way is to call our leaders on their accountability”, National Council of Churches in the Philippines (NCCP) Secretary General Fr Rex Reyes Sr relayed on September 17 marking the day activist James Balao was abducted a year ago.

James Balao, 47, writer, social activist, and Indigenous Peoples rights advocate, had been missing for a year now. He is strongly believed to have been abducted on Sept 17 by elements of the Military Intelligence Group and Intelligence Service Unit of Region 1, in La Trinidad, Benguet.

Reyes said, “The list of victims of extrajudicial killings and enforced disappearances which gets longer to this day is a testament to a government whose concept of national security is the elimination of principled dissent”.

Victims have cut across Philippine society – teachers, lawyers, media people, local civil servants, farmers, workers, students, indigenous people, members of civil society and people’s organizations and clergy and other church workers – all unarmed civilians, the NCCP head said.

Among other enforced disappearances are activists Romy Sanchez who disappeared in 9 March, Pepe Manegdeg in 29 November and Albert Terradano in 30 November, all in 2005 also believed to be abducted by elements of the government’s military forces. They are all young men full of dreams for the upliftment of justice and human rights, choosing a path not many would like to tread.

Very recently, 26-year-old Noriel Rodriguez was reportedly abducted by suspected military agents in Gonzaga town, Cagayan province, last week. Noriel is affiliated with the militant Akbayan which does medical missions, literacy classes and peasant
organizing.

Noriel is the 15th Anakbayan member who had either been abducted or killed
under the Arroyo administration, reports say. Among others were University of the
Philippines students Sherlyn Cadapan and Karen Empeño, missing since 2006.

The government’s Oplan Bantay Laya remains to provide the legal framework in this continuing political repression. “As long as the OBL exists, there will be continuing harassment and impunity against advocates of human rights and civil liberties”, Reyes added.

During the observance program held here in the city, the NCCP head also took the opportunity to thank the Baguio City government for the support in the campaign to surface James and for making this occasion a part of the wider city centennial celebration; and the other local governments in Benguet, Ifugao and Mountain Province for showing the same kind of support in the call for surfacing Balao.

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James Balao: Pursuing indigenous peoples rights

The disappearance of James Balao deserves the concern of every Igorot, every Cordilleran, every person concerned about human rights and Indigenous Peoples integrity. On the celebration of Indigenous Peoples month this October or any day for that matter, calls for identifying the selfless commitment of James Balao towards justice and recognition of Indigenous Peoples rights. If you are one, you have all the reason and cause to call for James Balao’s abductors to surface him now!

James Balao, 47, writer, social activist, and indigenous peoples rights advocate, had been missing for a month now. (He remains missing till now. This article is a reprint published October 2008). He was kidnapped on Sept 17 reportedly by elements of the Military Intelligence Group and Intelligence Service Unit of Region 1, in La Trinidad, Benguet.

Balao graduated1981 at the University of the Philippines College Baguio with the degree BS Psychology. He was a consistent honor pupil and topped the national exam maintaining his scholarship from secondary to college at UP. He served as editor-in-chief of the official student paper, Outcrop.

The idealist and the intellectual in him, Balao involved himself in research and writing for both academic and non-government organizations. One of Balao’s major research is "The land problem of the Cordillera national minorities."

Balao had also been a researcher with the schools-related non-government organizations NGO, Cordillera Schools Group which produced resource materials on socio-economic features of the Cordillera which serve as supplementary reading materials for secondary schools, now that the indigenization of the curriculum is widely recognized. He became a member of the Philippines’ Constitutional Commission where he drafted Constitutional provisions on Indigenous Peoples' rights.

“With his vast knowledge we hope and pray that he will not be harmed and set free as soonest so he will continue his work for the upliftment of the lives of the Cordillerans”, Fr. Arthur Balao, James’ father said in his letter to the public. The Balaos are from Atok, Benguet.

James’ many researches and writings and involvement in committees and commissions related to Indigenous Peoples issues has contributed directly and or indirectly, to provisions in the 1987 Philippine Constitution on the recognition of indigenous peoples rights. In one way or another, his researches, writings and concrete involvement on indigenous peoples issues has contributed to the creation of the National Commission on Indigenous Peoples and land reform covering indigenous issues on ancestral domain.

He has poured his time and intellect in pushing forward the upliftment of Indigenous Peoples in policies beneficial to Igorots specially. Where NGOs only give subsistent allowances to their staff, James has opted to choose this path and work for dreams as his contribution, in one way or another, now enjoyed by Cordillerans/Igorots on the creation of structures, jobs, and opportunities for indigenous peoples of the Cordillera.

Along with other freedom loving ideologues and activists who push forward what indigenous peoples rights and justice means, his is a path which is rarely taken. His path is rare for a first child of the family to take and a family’s sacrifice to take.

It’s a sacrifice worth taking for dreams that can be achieved. For rights to be recognized. His path is extraordinary not everyone would like to take, not a materially benefiting one, for a talented and educated person who has much options to take. James’ father is correct. The knowledge of James is worth continuing.

Already a month since he disappeared, Balao cannot be reached. Nobody knows how he is except his abductors. Is he alive? How is he? Is he hurt? These are questions that need answers. For James’ abductors to kidnap him and deny him of his rights to move freely, and think they can get away from it is not taken lightly.

In news reports, military’s Northern Luzon Command Lieutenant General Isagani Cachuela urged militant groups to “file charges instead of launching propaganda campaigns” blaming them for the mysterious disappearance of Balao. The military commander tagged “search” campaigns by the Baguio-based Cordillera Peoples Alliance as “demolition campaigns” where “the accused have no chance to defend themselves.”

Balao’s disposition as a soft spoken and cultured person and his involvements in person and in work does not in any manner place him to be abducted by any one else, except for the government’s military forces, believed to have done James’ disappearance, the latter being involved with the CPA.

While Lieutenant General Isagani Cachuela says that the “accused“ (military) have no chance to defend themselves exactly puts James Balao in a position where he cannot defend himself. As of now, military authorities have not issued a statement where they categorically denied or admitted that they are responsible for James Balao’s disappearance.

The government’s Oplan Bantay Laya which has labelled progressive organizations such as the Cordillera Peoples Alliance as “sectoral fronts” of the Communist Party of the Philippines has practically placed CPA staff as “communists.” James helped found the internationally renowned organization Cordillera Peoples Alliance in 1984. He works for the Cordillera Peoples Alliance when he was abducted.

Where Balao’s abduction could have been that he is a suspected “communist”, puts a question of, is it wrong to act for the welfare of indigenous peoples and human rights? At this onset, we take recognition of the extra-judicial killings of activists Romy Sanchez in 9 March, Pepe Manegdeg in 29 November and Albert Terradano in 30 November, all in 2005, believed to be perpetrated by elements of the government’s military forces. They are all young men full of dreams for the upliftment of justice and human rights, choosing a path not many would like to tread.

Communism is a thing of the past. The Philippine government and its armed forces command is still stuck on the idea that such an ideology exists to the extent of implementing inhuman and illegal acts of enforced disappearances and extra judicial killings of suspected ”communists.”

Such a reason to exist and hound on perceived “communists” is an outdated figment of the imagination. It is an obsolete, unworkable and unlawful method to this present world which is moving to an international state of up-front, lawful, peaceful, and encompassing means to pursue understanding of basic and complex issues which cuts across politics and economy.

Since Gloria Macapagal-Arroyo assumed power in January 2001, there are now more than 903 reported cases of extra-judicial killings and more than 200 cases of forcible disappearances in the Philippines. It is now the 2nd most dangerous country for trade unionists. Despite this terror, the Filipino people’s resistance continues. I would like to express my deepest concern that James Balao, who has not been seen since 17 September, may have been subjected to enforced disappearance by the security forces.

Northern Philippine Times

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Loving Baguio and watershed blues

The city government finds a strong ally with the Supreme Court in its battle against squatters in the Busol Watershed area. The lingering scuffle on the Busol Watershed area between squatters and ancestral land claimants against the city government comes with the 2009 decision of the SC upholding the authority of city officials to demolish structures within the watershed area.

A challenging stance for the city government, the SC decision wields strong ammunition they can use against squatters and would be squatters including their supporters on further encroaching and supporting the intrusion of squatters into the major watershed source of the city.

City officials in their case elevated to the SC contended that the city is governed by its charter and “thus, (lot occupants) cannot claim their alleged ancestral lands under the provisions of the Indigenous People’s Rights Act (IPRA).”

Let us see what the Supreme Court say about their latest decision.

The Feb. 4, 2009 SC decision reversed an earlier decision of the Court of Appeals which upheld the jurisdiction of the National Commission on Indigenous People (NCIP) to issue temporary restraining orders and later a preliminary injunction to stop the implementation of the three demolition orders issued by then Mayor Braulio Yaranon for the dismantling of the illegal structures constructed by Lazaro Bawas, Alexander Ampaguey Sr. and a certain Mr. Basatan.

The Supreme Court maintained that the lot occupants’ ancestral land claim was not expressly recognized by Proclamation No. 15 which should have justified the issuances made by the NCIP. The highest court said Proclamation No. 15 “does not appear to be a definitive recognition of private respondents’ ancestral land claim.”

“The proclamation merely identifies the Molintas and Gumangan families, the predecessors-in-interest of private respondents, as claimants of a portion of the Busol Forest Reservation but does not acknowledge vested rights over the same. In fact, Proclamation No. 15 explicitly withdraws the Busol Forest Reservation from sale or settlement,” the decision reads.

“The fact remains, too, that the Busol Forest Reservation was declared by the Court as inalienable in Heirs of Gumangan v.Court of Appeals. The declaration of the (reservation) as such precludes its conversion into private property.

The SC decision is clear that the watershed reservation, meaning the lots within cannot be sold or settled on, obviously for reasons that the area is an endangered watershed. While that is so, the SC decision remains to be a question of how far it is going to be implemented and recognized.

Although SC’s ruling comes as a Johnny Come Lately decision since 2006 when the case was filed and led to further structures built through the years, it is highly relevant at this stage when NCIP regional hearing officer Brain Masweng filed TROs against the demolition notices issued by the City executive on illegal houses built at the endangered area. Masweng’s defenses rests on IPRA provisions that indigenous peoples have native titles to their ancestral lands and that Proclamation Order No 15 issued in 1922 grants ancestral claims.

NCIP’s position finds an ally with councilor lawyer Nicasio Aliping who was one in stopping the recent July demolitions despite the SC order which further stalled the embattled Busol watershed from settling to peaceful breezes. While that is do, the provisions of IPRA where indigenous peoples have a right to their ancestral lands stands tested on its superiority with the SC telling what should be and what should not.

At the onset, contempt charges were filed against Masweng for going against the Supreme Court ruling.

City Mayor Reynaldo Bautista said the city government tried to assist the settlers subjected for ejection by looking for relocation sites, but there are no available spaces for relocation. He said the settlers are not entitled to the law which mandates relocation in case of displacement, the city information desk reports.

Only underprivileged settlers can avail of relocation facilitated by the local government and the National Housing Authority, city officials explained.

What about “peaceful co-existence” where new settlers will not be allowed and the current settlers to stay in their premises? Vice Mayor Daniel Fariñas said this is “possible but remote because each party has to be in good faith and approval” of other stakeholders such as the DENR, Baguio Water District and Baguio Regreening Movement and the Supreme Court.

Mayor Reynaldo Bautista in news reports advised the occupants “to voluntarily dismantle their houses.” While the issue of ancestral claims is being decided opun, squatters are coming in fast and building their 2-3 story houses. Some are overseas contract workers.

Some are employees of the Department of Environment and Natural Resources who have acquired properties at the endangered watershed area. This prompted the city government in the past to request Malacanang to probe reports about this. SunStar learned that 32 houses up for demolition are abodes of still unnamed DENR employees.

This, aside from other private individuals. There are some 900 illegal structures in the Busol watershed area with only 33 houses identified for demolition at the moment. Do we see some more numbers coming?

If the city government is not going to act tough, expect more structures creeping in at the watershed area in the next months and years. Surely, the city officials would not want the next set of officials to inherit resolving the issue until groping for solutions is chronically late already. If you are one who wants a safe and assured water supply and a healthy environment with its cool breezes for you and your children and children’s children to enjoy in the city of Pines, you would want to halt this encroachment.

Much as there are sacred spots not culturally set as places for settlement, clearly, there are endangered spots which should not be inhabited lest it be a danger for the welfare of each and everyone.

Where two laws get pitted against the other, the law is meant to be for public interest and public welfare. This lingering claim for environmental protection of Busol watershed area deserves a second and third look. If you love Baguio and want to enjoy living in the place as well with the rest of the community, get squatters out of the watershed.

Northern Philippine Times

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