20 October H.E. Benigno S. Aquino III President of the Republic of the Philippines Malacañang Palace JP Laurel Sr.

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1 20 October 2015 H.E. Benigno S. Aquino III President of the Republic of the Philippines Malacañang Palace JP Laurel Sr. San Miguel Re: Calling for immediate end to continued killings of and other abuses against Lumad (indigenous) peoples in Mindanao Dear President Aquino, It is with extreme alarm that we received a report that another Lumad leader and human rights defender, Lito Abion, was killed on 28 September in San Luis, Agusan del Sur in Mindanao. On the same day in Claveria, Misamis Oriental, military troops reportedly tortured three Higaonon civilians in the course of an armed encounter between the Armed Forces of the Philippines (AFP) and the rebel New People s Army (NPA). These incidents occurred while a credible investigation on the spate of killings and other abuses of Lumad leaders and community members and advocates over the last few months is yet to take place. There is a common thread that connects all these killings: The victims are all leaders of Lumad communities who were accused of being members or supporters of the New Peoples Army (NPA). The communities where the victims come from are asserting their rights to decide on the kind of development they want while their lands are subject of mining applications. Paramilitary groups, who are themselves from indigenous communities, have been openly campaigning for the entry of mining companies and threatening those opposed to these, often in the presence of state security forces. There is military presence and armed conflict in the vicinity of the victims communities in indigenous territories. Lito Abion, a member of the indigenous peoples organization Tagdumahan that has been resisting entry of mining operations in the ancestral lands of Banwaon and Manobo peoples in the province, had recently returned from a self-imposed sanctuary since At that time, a certain Mario Napungahan, a tribal leader and former NPA member who was later recruited as a member of the Civilian Auxiliary Force of the Philippine Army, wanted to merge his Certificate of Ancestral Domain Title (CADT) with that of the Tagdumahan s. He accused Tagdumahan leaders and members who refused to sign the application for a unified CADT as supporters or members of the NPA. Later, four Tagdumahan leaders were killed, forcing Abion to seek sanctuary. When he returned to his community in 2014, Abion was earning a living as a habalhabal (motorcycle for hire) driver. He was shot dead by two unidentified gunmen last September 28.

2 On the same day, the three Higaonon men were gathering wild plants to use for various purposes like medicine, spice, among other things, in Balahan where there was a gunfight between the AFP and the NPA. They had taken cover when they heard gunfire and went out of their hiding place after the gunfight. The military troops saw and apprehended them, then accused them of being members of the NPA. They were abused, beaten and tortured. The military took their photos and their fingerprints, and ordered them to sign a paper the contents unknown to them before finally releasing them. Mr. President, your country is the first Asian country to legislate the recognition and respect of the rights of indigenous peoples through the Indigenous Peoples Rights Act (IPRA) to ensure that indigenous peoples right to determine and decide priorities for their development is respected (Sec. 17, IPRA). Your government has pledged that in periods of armed conflict, the indigenous peoples shall have the right to special protection and security, and that indigenous individuals will not be used against other indigenous communities (Sec. 22, IPRA). It has committed that no military activities shall take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned (Art. 30, UN Declaration on the Rights of Indigenous Peoples (UNDRIP)). It has reaffirmed its commitment to respect, promote and advance and in no way diminish the rights of indigenous peoples and to uphold the principles of the UNDRIP, at the conclusion of the World Conference on Indigenous Peoples in September 2014 (Para. 4, Outcome Document). We urge you not to let Lito Abion and the three Higaonon men just be part of the statistics of unresolved cases of killed and abused Lumad human rights defenders and community members. At least thirteen have been allegedly killed by the Philippine Army and paramilitary troops in the past eight months. With Abion, a total of sixty-nine indigenous persons have been killed under your regime with hundreds of cases of harassments and arbitrary detentions and displacement of thousands of Lumads now living in evacuation camps across the region. We recall that in response to the killings of three human rights defenders a school director and two tribal leaders in Surigao del Sur also in September, UN Special Rapporteurs on the rights of indigenous peoples and on the situation of human rights defenders had called on the Philippine Government to launch a full and independent investigation into the killings. The Rapporteur on extrajudicial, summary or arbitrary executions also endorsed the call. We welcome that the Department of Justice has initiated an investigation into the transgressions against the Lumads of eastern and northern Mindanao in response to pressure inside and outside the Philippines on the issue. We call for an independent and transparent investigation to be conducted and broadened to look into the roles of not only the paramilitaries but also the Philippine army in the violence against the Lumads across Mindanao and the root causes of the transgressions in the region.

3 Further, we appeal to you to take immediate measures to disband all paramilitary groups, whether these are within the investment defense forces or not, and revoke the Executive Order 546, which legitimizes formation of such paramilitary groups. Mr. President, as you move forward with the peace process in Mindanao, let not the Lumad people be left behind. May your efforts in peace building be inclusive of addressing the Lumad peoples plight by fully implementing your commitments to the UNDRIP and the Outcome Document. We call for your swift action on the matter. Joan Carling Secretary General Asia Indigenous Peoples Pact (On behalf of the organizations listed below) S. No Organization Country 1 CHT Indigenous Jumma Association Australia (CHTIJAA) Australia 2 Adivasi Facilitators Group (AFG) Bangladesh 3 Bangladesh Indigenous Peoples Forum (BIPF) Bangladesh 4 Bangladesh Indigenous Women's Network (BIWN) Bangladesh 5 CHT Citizens Committee (CHTCC) Bangladesh 6 Kapaeeng Foundation (KF) Bangladesh 7 Maleya Foundation (MF) Bangladesh 8 Trinamul Unnayan Sangstha (TUS) Bangladesh 9 Analyzing Development Issues Centre (ADIC) Cambodia 10 Cambodia Indigenous People's organization (CIPO) Cambodia 11 Cambodia Indigenous Peoples Alliance (CIPA) Cambodia 12 Cambodia Indigenous Youth Association (CIYA) Cambodia 13 Equitable Cambodia Cambodia 14 Highlander Association (HA) Cambodia 15 Housing Rights Task Force (HRTF) Cambodia 16 Indigenous Rights Active Members (IRAM) Cambodia 17 Mother Nature (MN) Cambodia 18 Organization to Promote Kui Culture (OPKC) Cambodia 19 International Council for the Indigenous Peoples of CHT (ICIP- CHT) France 20 Adivasi Gothra Maha Sabha (AGMS) India 21 Adivasi Navajeevan Gathan Navajyoti Agua (ANGNA) India 22 Adivasi Women's Network, Jharkhand (AWN) India

4 23 Bharat Munda Samaj (BMS) India 24 Boro Peoples Committee for Peace Initiative (BPCPI) India 25 Boro Women's Justice Forum (BWJF) India 26 Centre for Research and Advocacy, Manipur (CRA) India 27 Civil Society Women Organization (CSWO) India 28 Indigenous Women and Children Foundation (IWCF) India 29 Indigenous Women's Forum of North East India (IWFNEI) India 30 Jharkhand Human Rights Movement (JHRM) India 31 Jharkhandi s Organisation of Human Rights (JOHAR) India 32 Karbi Human Rights Watch (KHRW) India 33 Naga Peoples' Movement for Human Rights (NPMHR) India 34 Naga Womens' Union (NWU) India 35 Zo Indigenous Forum (ZIF) India 36 Aliansi Masyarakat Adat Nusantara (AMAN) Indonesia 37 Borneo Resources Institute (BRIMAS) Malaysia 38 Jaringan Orang Asal SeMalaysia (JOAS) Malaysia 39 SAVE Rivers Malaysia 40 Suara Rakyat Malaysia (SUARAM) Malaysia 41 Burma Partnership Myanmar 42 Chin Human Rights Organization (CHRO) Myanmar 43 Kachin Development Networking Group (KDNG) Myanmar 44 Shan Women's Action Network (SWAN) Myanmar 45 Federation of Nepalese Indigenous Nationalities Journalists (FONIJ) Nepal 46 Kirat Chamling Language Culture Development Association (KCLCDA) Nepal 47 Kirat Welfare Society (KWS) Nepal 48 Kirat Youth Society (KYS) Nepal 49 Kulung Mimchha Guskham (KMG) Nepal 50 National Indigenous Woman's Federation (NIWF) Nepal 51 Nepal Kirat Kulung Bhasa Sanskkriti Utthan Sangh (NKKBSUS) Nepal 52 NGO-Federation of Nepalese Indigenous Nationalitie (NGO- FONIN) Nepal 53 Peoples Unity Young Society (PUYS) Nepal 54 Youth Awareness Society Nepal (YASN) Nepal 55 Youth Federation of Indigenous Nationalities (YFIN) Nepal 56 Anakbayan-Cordillera Philippines 57 Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE) Philippines 58 Asia Pacific Indigenous Youth Network (APIYN) Philippines 59 Cordillera Youth Center (CYC) Philippines 60 Dap-ayan ti Kultura iti Kordilyera Philippines 61 Higala sa Lumad Network Philippines 62 International Indigenous Peoples Movement for Self (IPMSDL) Philippines

5 63 Philippine Task Force for Indigenous Peoples Right (TFIP) Philippines 64 The Cordillera Peoples Alliance (CPA) Philippines 65 Papora Indigenous People Association (PIDA) Taiwan 66 Taiwan Association for Rights Advancement for Ping Pu Plains Aborigine Peoples (TARA-Ping Pu) Taiwan 67 Alternative ASEAN Network on Burma (Altsean-Burma) Thailand 68 Inter Mountain Peoples Education and Culture in Thailand (IMPECT) Thailand 69 Network of Indigenous Peoples in Thailand (NIPT) Thailand 70 Campaign for Human Rights in the Philippines UK 71 Filipino Chaplaincy - Leicester UK 72 Centre for Sustainable Development in Mountainous Areas (CSDM) Vietnam 73 Vietnam Indigenous Knowledge Network (VTIK) Vietnam S. No Individual Country 1 Aram Pamei India 2 William Nicholas Gomes, Human Rights Ambassador for Salem News.Com UK Submitted by to H.E. Benigno S. Aquino III, President of the Republic of the Philippines, corres@op.gov.ph / opnet@ops.gov.ph Copied Hon. Jose Luis Martin C. Gasco, Chair, Commission on Human Rights of the Philippines, comsec@chr.gov.ph, mmarianomaravilla@yahoo.com Hon. Severo Catura, Presidential Human Rights Committee, phrc.phil@gmail.com Hon. Nancy A. Catamco, Chair, Committee on National Cultural Communities, House of Representatives Hon. Luzviminda C. Ilagan, Committee on National Cultural Communities, House of Representatives Hon. Loren B. Legarda, Chair, Committee on Cultural Communities, Senate of the Philippines, loren@lorenlegarda.com.ph Hon. Leila M. de Lima, Secretary, Department of Justice, info@doj.gov.ph, communications@doj.gov.ph Ret. Lt. Gen. Voltaire T. Gazmin, Secretary, Department of National Defense Sen. Aquilino Pimentel III, Chair, Justice and Human Rights Committee, kokopimenteloffice@yahoo.com Rep. Guillermo Romarate Jr., Chair, Human Rights Committee, House of Representatives Leonor T. Oralde-Quintayo, Chair, National Commission on Indigenous Peoples, chairpersonsoffice@gmail.com Hon. Democrito O. Plaza, Governor, Province of Agusan del Sur, mail@agusandelsur.gov.ph Hon. Ronaldo Y. Corvera, Mayor, Municipality of San Luis, Agusan del Sur Hon. Yevgeny Emano, Governor, Province of Misamis Oriental Hon. Redentor N. Salvaleon, Mayor, Municipality of Claveria, Misamis Oriental

6 ANNEX: URGENT ALERT: DEATH OF ANOTHER LMAD HUMAN RIGHTS DEFENDER Another indigenous activist has added to the increasing figure of extrajudicial killings of Lumad in Mindanao. Lito Abion, 44 years old, a habal-habal (motorcycle for hire) driver, was waiting for passengers when he was fired upon by two gunmen on September 28, He was a member of Tagdumahan, a Lumad (collective term for the indigenous peoples of Mindanao) organization in San Luis, Agusan del Sur. Tagdumahan has been resisting the entry of mining in the ancestral lands of the Banwaon and Manobo peoples in Agusan del Sur. The members refused to merge their areas with the group of Mario Napungahan, a chieftain who had been pushing for a unified Certificate of Ancestral Domain Title (or CADT, the tenurial instrument imposed by the Philippine government on the ancestral lands of indigenous peoples). They fear that the unified CADT under Napungahan, who is known to be open to mining, would result to the destruction of their lands. At around 12 noon of September 28, the victim with his fellow drivers, were waiting for passengers at the terminal of Purok 2, Dona Flavia, San Luis, Agusan del Sur. The group was talking when a red Honda XRM motorcycle, with two men, parked nearby. After a few moments, the passenger of the motorcycle pulled out a handgun and fired at Lito. The victim sustained two bullet wounds in his back and another in the nape. The gunman then boarded the motorcycle and left. Jun-jun, a habal-habal driver who had witnessed the killing, said that it was the same motorcycle the gunmen used when village chieftain Angis Precioso, a founding member of Tagdumahan, was gunned down by suspected state forces under the 29 th Infantry Battalion stationed in San Luis, Agusan del Sur December 22, Mario Napungahan was a former member of the New People s Army (NPA). He was recruited by the Philippine Army as a member of the Civilian Auxiliary Force Geographical Unit (CAFGU) when he surrendered. As member of the CAFGU, he joined the military operations of the Philippine Army in the Lumad communities. But holding the title of a datu (one of the community leaders), he used his influence and position to form an armed group known to the community as Rebel Returnees. These armed men function as an informal auxiliary force of the military, joining the state forces in their operations in the communities. Mario accused all Tagdumahan leaders and members who refused to sign the application of a unified CADT as supporters or members of the NPA, passing them as legitimate targets for counter-insurgency operations. In 2005, several members of Tagdumahan Virgie Solis, Inday Lozada, Mat Morales and Bebot Nuer - were killed by suspected state or state-sponsored elements. They were all accused by Mario as either members or supporters of the NPA. Lito was also among those accused so he was forced to leave San Luis that same year. Lito returned to San Luis only last year, 2014.

7 URGENT ALERT: THREE HIGAONON CIVILIANS TORTURED IN CLAVERIA, MISAMIS ORIENTAL Three Higaonon civilians from Barangay Mat-I, Claveria, in the province of Misamis Oriental, were tortured by the military in the wake of an armed encounter between the Armed Forces of the Philippines and the New People s Army. On September 28, 2015, elements of the 58 th Infantry Battalion passed by the community without informing any of the community elders or leaders. After the residents heard an exchange of gunfires coming from the direction of the mountainous parts of their domain called Balahan, they hurriedly packed their belongings to leave, fearing stray bullets will hit them. Three men[1] who had been out gathering wild plants which the Higaonon people use for various purposes like medicine, spice, among other things in Balahan had taken cover when they heard the gunfire. When the shooting died down, they went out of their hiding place, thinking that the armed men were already far. However, the military saw them and were apprehended. They were accused of being members of the New People s Army (NPA), a communist-led armed group operating in the province. According to them, they were held at gunpoint and were forced to lie on the ground. They were then bound and blindfolded. The men explained why they were there at the forest but the military insisted that they were members of the NPA. After some time, they were forced to walk with the heavy bags of the military placed on their shoulder. Again, they were accused of being NPA couriers. When they reached the military truck, they had difficulty in boarding because of the ropes and bags. The military hauled them up by their hairs. They were brought to Camp Gabino, a military camp of the 58 th IB in Claveria. Inside the camp, they were beaten and asked for names of NPAs. When they would pass out from exhaustion, they would be doused with water to wake them up. Before they were finally released, the military took photos of them. Their fingerprints were also taken and they were asked to sign a paper the contents unknown to them. Balahan is both an economic and cultural area for the Higaonon of Mat-i. It is where many of the residents farmlands are, and the forest is where they hunt and forage. Ritual areas can also be found here as it is the practice of the Higaonon to perform a ritual before any major production activity. For a long time, the military has been conducting their operations in these areas, in the ancestral lands of the Higaonon, without having even informed any of the traditional leaders. Worst, the Higaonon dwellers have become suspect of being rebels simply by living in their domain. Katungod Lumad Alert

8 Katungo Lumad Alert is published by the Higala sa Lumad [Friends of the Lumad] Network. Higala sa Lumad Network is a support group composed of a broad range of interfaith personalities/representative of organizations synergizing relevant capacities and resources for Lumad communities under attack. Higala also serves as an informal monitoring network for Lumad human rights. Higala has been established as a component of the Healing the Hurt Project.