Erita Capion Dialang threatened
On 27 October 2012, an attack by a battalion of the Philippine armed forces killed the sister-in-law of prominent indigenous human rights defender Ms Erita Capion Dialang, who is under threat since the attack.
A Department of Justice decision following an investigation into the killing of three members of the family of human rights defender Ms Erita Capion Dialang has recommended the filing of 3 counts of murder, 1 count of attempted murder, and violation of International Humanitarian Law against military personnel involved in the massacre of the Capion family.
Erita Capion Dialang has reportedly been under threat for a long time due to her high profile and vocal criticism of the actions by a mining corporation and the 27th infantry batallion of the armed forces, which is believed to be complicit in human rights violations benefiting the company.
Erita Capion Dialang is a vocal critic of a mining corporation which wants to start exploiting the ancestral lands of her tribe, and has gained visibility denouncing crimes by the military and a mining corporation in her region. She is the chairperson of the indigenous people's organisation KALGAD, an organisation of indigenous people in South Cotabato province, and part of a large alliance of indigenous peoples of South Mindanao.
A recently released Department of Justice decision following an investigation into the killing of three members of the family of human rights defender Ms Erita Capion Dialang has recommended the filing of 3 counts of murder, 1 count of attempted murder, and violation of International Humanitarian Law against military personnel involved in the massacre of the Capion family.
Erita Capion Dialang is the chairperson of the indigenous peoples' organisation KALGAD, who have been involved in a campaign against the mining corporation Sagittarius Mines Inc. (SMI), in response to their commencement of large-scale open-pit copper and gold mining projects in the boundary area of South Cotabato, Davao del Sur, Sultan Kudarat and Sarangani provinces; the ancestral lands of the Blaan people, who KALGAD represent. Her sister-in-law Ms Juvy Capion, as well as two of Juvy Capion's children were killed in the military attack on 18 October 2012. Erita has continued her peaceful human rights work since the murders, despite facing constant threats, which have included messages that the military forces are looking to liquidate her, and that she is being kept under surveillance.
The DOJ report details the accounts of multiple witnesses to the events of the massacre, which occurred at around 6 am on 18 October 2012. Various sources give testimony as to the culpability of the 27th Infantry Battalion for the murder of Juvy Capion and her children Jordan Capion and John Mark Capion by its members, and their actions on the day of the massacre. Witnesses state that troops entered the village of Fayahlob, South Cotabato province, under the command of 1st Lt. Dante Jimenez, and attacked the Capion family's house with a machine gun. Witnesses also detail that members of the Battalion, including 1st Lt. Jimenez and Sgt. Dennis W. Murillo washed the blood of the wounded away from the Capion household with water, and transferred the bodies of the victims from inside of their house to the ground outside.
Following the filing of a complaint for Murder on 6 March 2013 to the office of the Provincial Prosecutor of Daveo del Sur by Sukim K Malid, father of Juvy Capion, against Lt Col. Bravo, 1st Lt. Jiminez and the 14 army soldiers under their command, the same office ordered the accused soldiers to submit evidence as to the events of the morning of the killings.
In his counter-affidavit, the Battalion's leader Lt Col. Bravo denied all liability for the murders, on the grounds that he was not present on the day of the massacre, but in Battalion Headquarters at Tupi, South Cotabato. 1St Lt. Jimenez admitted his presence on the day of the murders. He alleged that the Battalion launched a foot patrol in the area surrounding the village of Fayahlob, in response to information of armed men in the area, and in compliance with an order given by Lt Col. Bravo in August 2012, with the directive “To defeat Southern Alip Regional Guerilla Unit Far South Mindanao Region and all other Armed Lawless Groups.” He claims to have stationed his troops on high ground over looking the village, and subsequently instructed his men to enter the village under the command of Sft. Murillo. In a joint counter-affidavit, the remaining 12 soldiers claim they were fired upon twice by unidentified men from a nearby hut as they entered the village, and that a firefight ensued.
Front Line Defenders urges the Philippine authorities to follow the resolutions of the Department of Justice.
On 27 October 2012, an attack by a battalion of the Philippine armed forces killed the sister-in-law of prominent indigenous human rights defender Ms Erita Capion Dialang, who is under threat since the attack.
Around 6 am on 27 October 2012, members of the Philippines Armed Forced 27th Infantry Batallion, commanded by Lt. Col. Noel Alexis Bravo, entered the village of Fayahlob, South Cotabato province, and proceeded to strafe (attack by machine gun) the Capion family's house. The attack killed Erita Capion Dialang's sister-in-law, Juvy Capion, who was also an indigenous leader in KALGAD, as well as two of her children. The incident has been described by the military as a “legitimate encounter” despite the results of fact-finding missions by non-governmental organisations in the area. There are indications that the military tampered with the scene, reportedly washing blood away from the house and moving the bodies of the deceased, before the arrival of the forensic investigation team.
Days before the incident, the human rights defender had travelled to Manila in order to be interviewed for the ABS-CBN news company, for its programme Failon Ngayon which focuses on social issues. In the interview, she drew attention to the harassment, intimidation and other violations of human rights frequently suffered by the Blaan people at the hands of the mining corporation and the military. The exposure she has given to violations on their part has contributed to her status as one of the leading indigenous voices in the region.
Erita Capion Dialang has reportedly been under threat for a long time due to her high profile and vocal criticism of the actions by a mining corporation and the 27th infantry batallion of the armed forces, which is believed to be complicit in human rights violations benefiting the company. It is reported that the human rights defender has long been receiving threats that the military forces are looking to liquidate her, and that she is being kept under surveillance. In addition to this, she is in a vulnerable position due to the remote location of her village of Bong Mal, Tampakan, South Cotabato province, where lines of communication are unstable.
KALGAD, the organisation where Juvy Capion worked and which is headed by Erita Capion Dialang, is a regional indigenous organisation currently involved in a campaign against the multinational mining corporation which has started exploiting large-scale open-pit copper and gold mines in the boundary area of South Cotabato, Davao del Sur, Sultan Kudarat and Sarangani provinces, on the ancestral lands of the Blaan people, who are represented by KALGAD. They are members of the regional alliance of indigenous peoples' organisations KALUHHAMIN, which covers southern Mindanao island.
Front Line Defenders is deeply concerned for Erita Capion Dialang's security and physical and psychological wellbeing in the wake of the military's actions killing a member of her organisation as well as the persistent nature of the threats and surveillance against her. Indigenous human rights defenders campaigning peacefully for land rights on Mindanao island face a climate of insecurity, as highlighted by a previous Front Line Defenders appeal issued on 10 October 2012, on the killing of indigenous peoples leader Gilbert Paborada.
Front Line Defenders urges the authorities in the Philippines to:
1. Take all the necessary measures to guarantee the security and physical and psychological integrity of human rights defender Erita Capion Daliang and her family;
2. Carry out an immediate, thorough and impartial investigation into the death threats and intimidation against Erita Capion Daliang, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
3. Guarantee in all circumstances that all human rights defenders in the Philippines are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
