15/08/2024
Sign on statement of support for the continuing struggle for justice of Jonila Castro and Jhed Tamano
Statement of support for the continuing struggle for justice of Jonila Castro and Jhed Tamano, environmental defenders from the Philippines
[Written as a response to the denial of their petition of the writ of amparo and habeas data filed by Jonila Castro and Jhed Tamano, environmental defenders from the Philippines who were victims of abduction and enforced disappearance in 2023]
We, the undersigned, express our profound concern and disappointment over the August 2nd decision by the Court of Appeals Former Special Eighth Division in the Philippines to deny the petition for the writs of amparo and habeas data filed by environmental human rights defenders Jonila Castro and Jhed Tamano. This decision not only endangers the lives of these two young women but also sets a dangerous precedent that threatens the safety and fundamental rights of all individuals working to protect human rights and the environment in the Philippines.
The writ of amparo is a critical legal remedy designed to safeguard individuals against threats to their life, liberty, and security, particularly from state forces. The writ of habeas data serves as protection against the unlawful collection and misuse of personal information. These writs are essential tools for defending the rights of those at risk of extrajudicial actions, enforced disappearances, and other forms of state-sponsored violence. The denial of these protections to Castro and Tamano disregards the serious and well-documented threats they have faced and continue to face.
Jonila and Jhed were abducted by military forces on September 2, 2023, in Bataan province. They were detained for nearly 17 days by the military and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). During this time, they were forced to surrender as armed rebels. Their courageous decision to expose their abduction and denounce the military's actions during an NTF-ELCAC-organized press conference was a powerful testament to their resilience and commitment to truth and justice.
Despite these clear violations of their rights, their petition was denied, citing a lack of evidence of continued threats to their lives and security, and asserting that they had voluntarily surrendered. This ruling is particularly troubling as it appears to align with the narrative promoted by the NTF-ELCAC and the military, without sufficiently considering the context of their abduction or the ongoing risks they face as environmental and human rights defenders. The courtโs narrow interpretation of the writs of amparo and habeas data fails to address the broader pattern of harassment and intimidation faced by activists in the Philippines, a country where red-tagging and state-sponsored repression are pervasive.
This case is a stark reflection of the disconnect between the existence of laws in the Philippines meant to protect its citizens and the reality of their application. While the Philippines has established legal frameworks, including the writs of amparo and habeas data, intended to shield individuals from human rights violations, this case demonstrates how these protections can be rendered ineffective. The decision to deny these writs undermines the very purpose of these legal remedies and highlights a disturbing gap between the law and its implementation in safeguarding vulnerable populations.
Furthermore, this decision stands in direct contradiction to the Philippinesโ obligations under international human rights law, including the International Covenant on Civil and Political Rights (ICCPR), to which it is a State Party. The ICCPR mandates the protection of individuals against arbitrary arrest, detention, and threats to life and liberty. By denying Jonila and Jhed the protection afforded by the writs of amparo and habeas data, the court has failed to uphold these essential human rights principles.
We call upon the Philippines government to review and overturn this decision, ensuring that Jonila and Jhed receive the full protection of the law. We also urge the international community, civil society organizations, the United Nations and other human rights organizations, to closely monitor this case and to stand in solidarity with all those who risk their lives to defend human rights and the environment.
The protection of environmental and human rights defenders is not just a national issue; it is a matter of global concern. The fight against climate change and the defense of human rights are interconnected and universal struggles. We must ensure that those on the frontlines of these battles are not left vulnerable to persecution and violence.
In signing this statement, we reaffirm our commitment to the protection of all environmental and human rights defenders and call for immediate action to safeguard their lives, their work, and their rights. Let us stand together to ensure that justice prevails and that the voices of those who protect our planet and our freedoms are heard and respected.
Signatories:
Asia Pacific Network of Environmental Defenders
Global Witness
Center for Environmental Concerns - Philippines Inc.
Kalikasan Peopleโs Network for the Environment
Environmental Defenders Congress
KARAPATAN Alliance for the Advancement of People's Rights
EcuVoice Philippines
Promotion of Church People's Response
Alyansa ng mga Mamamayan para sa Pagtatanggol sa Kabuhayan, Paninirahan at Kalikasan ng Manila Bay (AKAP KA Manila Bay)
https://tinyurl.com/SignOn-HandsOffJhedAndJonila
