Statement of support for the continuing struggle for justice of Jonila Castro and Jhed Tamano, environmental defenders from the Philippines

We, the undersigned, express profound concern and disappointment over the continuing judicial harassment ofJonila Castro and Jhed Tamano.

Denial of protection writs

The Court of Appeals Former Special Eighth Division in the Philippines denied the petition for the writs of amparo and habeas data filed by environmental human rights defenders Jonila and Jhed in its August 2nd decision. 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 protects 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.

Grave oral defamation case

In the December 12, 2023 resolution penned by Senior Assistant State Prosecutor Arnold Magpantay of the Department of Justice (DOJ), it states that Jonila and Jhed's sworn statements differ from their pronouncements in the press conference about their abduction, and that these statements were made by the two to embarrass the 70th Infantry Battalion and the Armed Forces of the Philippines. Jonila and Jhed made their sworn statements while they were in the custody of the military. Because of this, the DOJ recommended the filing of a grave oral defamation case against Jonila and Jhed.

On September 23, authorities issued a warrant of arrest.

The grave oral defamation case followed the dismissal of the perjury complaint filed by Lt. Col. Ronnel Dela Cruz of the 17th Infantry Division of the Philippine Army.

What went before

On September 2, 2023, military forces abducted Jonila and Jhed in Bataan province. They went missing for nearly 17 days, during which they claimed they were held 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 demonstrates their resilience and commitment to truth and justice.

Who are Jonila and Jhed

Jonila and Jhed were 23 and 22 years old when they were abducted. They are environmental human rights defenders conducting research on the impacts of land reclamation in Manila Bay, one of the most important sources of food for at least four cities and provinces in the Philippines. In particular, they were investigating the New Manila International Airport, whose proponents are San Miguel Corporation and the Dutch company Boskalis.

Our calls

This case starkly reflects 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 intended to shield individuals from human rights violations, this case demonstrates how these protections can be rendered ineffective. Furthermore, laws are also used against environmental defenders who expose the truth amidst grave security challenges.

We call upon the Philippine government to review and overturn the decision on the writs of amparo and habeas data, ensuring that Jonila and Jhed receive the full protection of the law. Additionally, we call for the dismissal of the grave oral defamation case, which is a clear reprisal.

We also urge the international community, civil society organizations, the United Nations, and other human rights organizations to closely monitor this case and 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:

As of September 23, 2024 9:15am: 175 signatories (98 individuals, 77 organizations)

Organizations

1. Asia Pacific Network of Environmental Defenders
2. Center for Environmental Concerns - Philippines Inc.
3. Kalikasan People’s Network for the Environment
4. Environmental Defenders Congress
5. KARAPATAN Alliance for the Advancement of People's Rights
6. EcuVoice Philippines
7. Promotion of Church People's Response
8. Alyansa ng mga Mamamayan para sa Pagtatanggol sa Kabuhayan, Paninirahan at Kalikasan ng Manila Bay (AKAP KA Manila Bay)
9. Global Witness
10. Both ENDS
11. Youth Advocates for Climate Action Philippines
12. UTS Alumni Association
13. Cordillera Human Rights Alliance (CHRA)
14. Association for Land Reform and Development (ALRD)
15. Institute for National and Democracy Studies (INDIES)
16. Kanlungan Filipino Consortium UK
17. Disability Peoples Forum Uganda
18. Masekerere Water Project Uganda
19. Auriga Nusantara
20. WALHI South Sulawesi
21. SERUNI (Serikat Perempuan Indonesia)
22. JusticeMakers Bangladesh in France (JMBF)
23. Tanggol Batangan
24. Kilometer64 Writers Collective (KM64)
25. United Tribal Organization of Assam, India
26. Association des Amis de la Nature
27. Kamukunji Paralegal Trust (KAPLET)
28. International Coalition for Human Rights in the Phiippines
29. Phiippines Australia Union ink
30. Natural Resource Women Platform
31. International Association of Peoples Lawyers
32. UP Fisheries Guild
33. Migrante Australia in NSW
34. FILEF Federation of Italian Migrant Workers (Sydney)
35. Initiative for Right View (IRV))
36. Ponlok Khmer Organization
37. Alliance for Future Generations - Fiji
38. Samahan ng Kabataan para sa Bayan
39. TIPD-Turkana Indigenous People Action for Development
40. Aliansi Masyarakat Adat Nusantara (AMAN) Maluku
41. Agham Youth National
42. Protect Sierra Madre for the People (PSM)
43. Asian Forum for Human Rights and Development (FORUM-ASIA)
44. Kartunista-Manunulat Kolektib
45. National Campaign for Sustainable Development Nepal
46. Unyon ng mga Manggagawa sa Agrikultura
47. SERUNI
48. Australia Coalition for Human Rights in the Philippines
49. Tunay na Alyansa ng Bayan Alay sa Katutubo (TABAK)
50. Business & Human Rights Resource Centre
51. Vikas Adhyayan Kendra
52. Community Development Trust
53. KATRIBU Kalipunan ng Katutubong Mamamayan ng Pilipinas
54. Bai Indigenous Women's Network
55. Front Line Defenders
56. Rutu Foundation
57. Sengwer Of Embobut CBO
58. Siklab Philippine Indigenous Youth Network
59. Kabataan para sa Tribung Pilipino (KATRIBU)
60. Lembaga Bentang Alam Hijau
61. LBH ANGSANA
62. NTFP Exchange Programme Networking Forum India
63. Campaign for Human Rights in the Philippines - UK
64. Friends with Environment in Development
65. AbibiNsroma Foundation (ANF)
66. AGHAM - Advocates of Science and Technology for the People
67. Bantay Kita Publish What You Pay Philippines
68. PNU-Luntian
69. International Service for Human Rights
70. KATRIBU PUP - Kabataan para sa Tribung Pilipino
71. International Service for Human Rights
72. Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL)
73. Business & Human Rights Resource Centre
74. Transnational Institute
75. Campaign for Human Rights in the Philippines

• 2 organizations requested to stay anonymous