Hotline Asia Urgent Appeals -- UA020415(6)

Action Requested || Sample Letter || Background
Please respond not later than 15 May 2002

Summary

Since the start of joint operation of the Republic of the Philippines (RP) and the United States of America (US) Military Forces, or "Balikatan 02-1 Jungle Training" (Balikatan 02-1) in the Southern Philippines last January 2002, the daily life of the indigenous Subanen, Moro and Christian residents have been adversely disrupted. The 50 hectares of land used for the military activities include the titled lands and lands claimed by the Subanen as their ancestral domain in the highlands of Barangay (town) Limpapa, Zamboanga City in the Southern Philippines.

The Subanen indigenous people of Limpapa have complained that they were not consulted before the conduct of the exercises in their immediate environment. These exercises have resulted in worsened living conditions, displacement from their permanent abode and isolation from their livelihood. They have been denied their right to free and prior informed consent, as provided under the Indigenous People Republic Act of 1997.

As of 23 March 2002, no official definition of the exact boundary and parameters of the land used for the exercises have been furnished to government agencies. Residents of Barangay Limpapa wrote a manifesto expressing their opposition to the Balikatan 02-1 exercises. However, on 4 April, they learnt that the Armed Forces of the Philippines (AFP) had entered into a lease contract with the Zamboanga City Special Economic Zone and Freeport Authority (Zamboanga EcoZone) for 50 years, renewable for 25 years, with no definite number of hectares of land stated.

Please write polite letters to express your concern about the disruption to the local people's livelihood due to military activities on the people's ancestral domains, and urge the concerned authorities to:

1. call for the RP-US Troops to vacate the Subanen's claimed ancestral domain which have been affected by the Balikatan 02-1 exercises; and

2. compensate all the families adversely affected by the exercises.

Sample Letter

Background

Balikatan 02-1 is a joint training exercise involving military of the Republic of the Philippines (RP) and the United States of America (US). Around 200 to 250 American soldiers would be stationed in Zamboanga City, on the southern island of Mindanao in the Philippines.

On 19 February 2002, Zamboanga EcoZone Administrator, Ms. Georgina Pantaleon-Yu, and Balikatan Co-Director, Gen. Emmanuel Teodesio, called a meeting with the constituents of Barangay Limpapa and Latap in Zamboanga City, to inform the people about the use of 50 hectares of land located at Limpapa proper for the Balikatan 02-1 exercises. The Barangay Captain of Limpapa, 2 Barangay Councillors and some of the elders of the the Subanen Tribal community who were present, quoted the General as saying that the 50 hectares could be extended to 500 hectares for military use.

In opposition, on 23 March 2002, residents of Barangay Limpapa signed a manifesto of opposition to Balikatan 02-1 in Limpapa. It was signed by 24 farmers and actual tillers from within and along the boundaries of the 50 hectares who could be affected by the exercises. A proposed terms and conditions for an agreement was executed and signed by 11 individuals whose portion of titled lands were within the 50 hectares. They would only agree to the conduct of the exercises in the said area if their proposed agreement was accepted and entered into by the Balikatan 02-1.

However, on 4 April, ignoring the manifesto, Gen. Teodosio announced that the Armed Forces of the Philippines Southern Command (AFP SouthCom) had entered into a lease contract with the Zamboanga EcoZone for 50 years, renewable to 25 years. The national government will pay 1,000 Pesos (about US$20) per hectare as fees for the lease. However, the general did not specify the number of hectares of land involved.

The Area under Dispute:

The 50 hectares area is a rocky, mountainous terrain endowed with a forest, waterfalls, a crystal clear river and a hanging bridge, all enjoyed communally by the Subanen, the Moro and Christian inhabitants of Limpapa. The area is also a source of subsistence for them, where they plant crops and raise livestock.

Part of the 50 hectares area is made up of titled lots. De la Cruz compound for example, now serves as the Balikatan headquarter with makeshift structures (hanging bridge, comfort rooms, kiosks and multi-purpose hall) built there as early as January.

The highlands within the 50 hectares, which is part of the 9,687 hectares serving as the tri-boundary for Barangays Limpapa, Labuan and Patalon, are claimed by the Subanen tribal communities as their ancestral domain. The claim, which is being processed at the National Commission on Indigenous People Region IX, is contested by the Zamboanga EcoZone as the same area which is part of the 15,391 hectares granted as their "absolute property" through Presidential Proclamation 1099, issued on 27 September 1997. It is on this premise that the Board of Directors of the Zamboanga EcoZone acted on the request of the AFP last October 2001 to allow them to use the 50 hectares for the Balikatan 02-1 exercises.

Effect of Military Exercises on Indigenous Peoples:

Leaders the Subanen indigenous community consider that the 50 hectares of their ancestral land had been illegally leased to the AFP by the Zamboanga EcoZone. As of 23 March 2002, 45 indigenous Subanen, Moro and Christian families have been affected by the military exercises.

Apart from complaining that they were not consulted before the conduct of the exercises in their immediate environment, they also raised the following complaints:

1. The living condition of the indigenous peoples (IP) staying permanently in the hillside of Limpapa is greatly endangered during the actual war games and displacement of the IP's from their permanent place of abode is imminent.

2. The IP's daily means of livelihood, gathered from the affected area, will be totally suspended during the duration of the training, hence their right to food is violated.

3. The IP's regular religious activities will be abandoned.

4. The IP's were not afforded their right to free and prior informed consent as provided or expressly mandated under Republic Act 8371 known as the Indigenous Peoples Rights Act of 1997.

Moreover, the Zamboanga EcoZone considers the 45 families only as individuals and only 17 of them were officially identified as actually residing within the delineated area. However, no copy of the survey's technical description which defines the exact boundaries and parameters, set by the Zamboanga EcoZone and AFP SouthCom, have been furnished to the Local Government Unit nor the Barangay nor other government agencies such as the Commission on Human Rights, the National Commission on Indigenous People and the Department of Environment and Natural Resources.

A local source has expressed concern that, as the Subanen peoples have only the disputed area to live on, it is questionable if their ancestral land should be used for military activities. Destructive intrusions into indigenous people's ancestral domain violate their right as a people not to be deprived of their means of subsistence.

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