Labelling as prelude to murder

AHRC-STM-218-2010

November 6, 2010

A Statement by the Asian Human Rights Commission

PHILIPPINES: 'Communist' label on an activist is a prelude to murder

The Asian Human Rights Commission (AHRC) is deeply concerned that
Jean Marie Ferraris, a mining activist attached to the Legal Rights
and Natural Resources Center-Kasama sa Kalikasan or LRC, has been
falsely accused as "head of the international financial cell" of the
Communist Part of the Philippines (CPP) in Indonesia. Falsely accusing
human rights and political activists as communists has been routinely
practiced by security forces to justify their illegal arrest,
detention and extrajudicial killing.

In a report

by the Philippine Daily Inquirer today, Retired Police Director
Rodolfo "Boogie" Mendoza, a former police intelligence officer, was
quoted as having said that Ferraris is a "member of the Central
Committee of the CPP" and is the "head (of its) international
financial cell" in Indonesia. He claimed that her presence in
Indonesian soil during her arrest on July 5, 2010, was part of her
role to "collect contributions and revolutionary taxes as well as
membership dues from overseas Filipino workers".

Ferraris, a Filipina, was one of those 13 nationals of Asian
countries who have been illegally arrested by the Indonesian police
during a press conference after its training on Coal Campaign
Skillshare organized by the anti-coal community in Cirebon, West Java.
The training was supported by Greenpeace International. Ferraris and
her companions were released without being charged on July 6.

Ferraris, also a convener of Panalipdan-Southern Mindanao, a local
environmental group; has been deeply involved in campaigning against
mining in southern Mindanao. Her organization, the LRC, is also
involved in legal and policy research known for its work on advocating
for the rights of indigenous people and issues regarding natural
resources.

The AHRC demands that the Philippine National Police (PNP) takes full
responsibility for the false allegations that Mendoza made. It must
also clarify what authority, if there is any, Mendoza has as a retired
police officer. His action has already unnecessarily put the security
and safety of Ferraris at serious risk making her a senseless target,
not only by the government forces but also illegal armed groups
critical of the communists.

The PNP must investigate Mendoza's claims and initiate a prosecution
once he could not prove them. They must also ensure that it provide
adequate protection that Ferraris requires. This false allegation on
Ferraris is a matter of serious concern. This cannot be taken lightly.
This practice of falsely labeling human rights and political activists
as communists have been a convenient excuse by the police and military
to justify subsequent attacks of these persons. It has completely
disregarded any notion of due process.

Once a person is labeled a communist, there is a real possibility of
him being illegally arrested, detained, falsely charged or murdered,
as what it has been happening. This was also the pattern to the murder
of hundreds of activists in recent times. Their murders were routinely
perpetrated subsequent to being labeled and falsely accused as
communists. None of the police, military and government officials who
were responsible for spreading these false allegations have been held
to account.

Below is the detail about Jean Marie Ferraris’ illegal arrest in
Indonesia according to the information received from the Legal Rights
and Natural Resources Center-Kasama sa Kalikasan or LRC:

The activity was a Coal Campaign Skillshare organized by the
anti-coal community in Cirebon, in West Java, Indonesia with the
support of Greenpeace International. Apart from members of the
community, thirteen (13) other participants from the Philippines,
Thailand, China also joined the activity. The objective of this
training was to bring together people from different parts of the
region to share their experiences in their respective countries
particularly on the deadly impact of coal and their own learning from
their respective anti-coal campaigns.

The Cirebon community hosting the activity has been engaged in an
ongoing campaign against a coal company operated by Cirebon Electrik
Power Ltd, a consortium of Japanese, Korean and Indonesian investors,
which they claim is damaging their environment and has caused loss of
livelihood in the area.

Ms. Jean Marie Ferraris, team leader of the Davao Regional Office of
the Legal Rights and Natural Resources Center Kasama sa Kalikasan
Friends of the Earth Philippines (LRC-KsK/FOEI-Phils.) and company
arrived in Indonesia on July 1. July 5, day of the arrests was the
last day of the training. The community and the representatives from
the Philippines, Thailand and China were holding a press conference to
launch a region-wide manifesto calling for an end to the expansion of
coal power in Asia.

At around 2 pm when the press conference was almost over, around 100
Indonesian police came and arrested the foreign participants of the
training. They were herded off to the Cirebon police station,
initially for alleged visa irregularities. After that allegation was
disproved, the police accused them of engaging in activities that
caused “instability”. Their interrogation lasted through the night
during which they had very little sleep or rest. The following
morning, without filing any charges, the police turned them over to
the Immigration authorities, who also dragged their feet in resolving
the issue.

The activists were finally released at around 10 pm last night, July
6 and were told they were being subjected to “monitored
deportation” which means they will all be escorted by Immigration
officials until they board their planes and depart for their home
countries. Monitored deportation means their passports will not get
the “red stamp” which would have meant a ban on their future entry
into Indonesia.


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About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights
issues in Asia. The Hong Kong-based group was founded in 1984.

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