Repression and Impunity Revised
Repression and Impunity Revised
Repression and Impunity Revised
2019
Quezon City, Philippines
Repression and Impunity
Continuing Attacks on People’s Rights in the
Philippines
IBON International
3rd Floor IBON Center
114 Timog Avenue, Quezon City
Philippines 1103
Cover credits:
The names of the Negros killings victims are derived
from a Rappler report (https://www.rappler.com/
newsbreak/iq/238672-map-negros-killings-since-
july-2016)
Introduction v
ANNEXES 91
UN human rights experts call for independent probe into
Philippines violations 93
A whole spate of events has occurred since the preparations for this new
book, the third now in a series. The so-called “drug war” continues in
the urban areas, and has spread now in the rural areas under a police-
military Operation Plan Synchronized Enhanced Management of Police
Operations (SEMPO) dubbed as Oplan Sauron whose ‘laboratory’ has
been Negros province in the Visayas region. As a result, in Negros, there
are continuing killings of civilians, with children among victims, due to
increased military presence. This book’s cover design features the names of
some of these victims. Elsewhere, people’s initiatives, such as indigenous
people’s community schools, have been shut down in the name of “counter-
insurgency.”
Amid this and the continuing Martial Law in the whole of Mindanao
island, the government’s security apparatus has been threatening to justify
its intervention and presence in universities despite a ban since the 1970s.
They wish to amend for the worse an already repressive Human Security
Act, and even revive an “anti-subversion” law. The Defense Secretary has
said that human rights are just secondary to security objectives.
At this writing, the shifts in the political environment and rights situation
seem to be for the worse.The ongoing attacks against people’s civil, political,
as well as economic and social rights, are unfortunate testaments to a general
assertion of this volume’s case stories and analyses: that prolonged reign of
impunity has been driven by the ever-deteriorating elite-led state institutions
in the country. The first and second volumes chronicle the swelling cases of
killings and human rights abuses in the country and provide greater scrutiny
on Pres. Rodrigo Duterte’s fascist and neoliberal economic policies as well
as the United States (US)-indoctrinated counterinsurgency program Oplan
Kapayapaan (now continued as Oplan Kapanatagan for 2018 to 2022, with
the same approach that militarises civilian agencies).
vi
Movements’ campaigns today continue the long-drawn fight for justice, after
the efforts of different organisations and victims’ families to file numerous
complaints at the International Criminal Court for the deadly “drug war.”
These also come after the initiative of organisations and people’s lawyers,
Philippine-based and otherwise, to convene the International Peoples’
Tribunal on the Philippines last September 2018, which rendered a guilty
verdict on the US-backed Duterte administration.
This current volume would have achieved its objectives if it has managed to
inform the reader – from people’s organisations, civil society, parliamentarians
and state actors around the world – more concretely of the Philippine rights
situation, the persisting norm of impunity and deterioration of institutions
vii
Amy Padilla
Director, IBON International
A CREEPING REIGN OF REPRESSION,
IMPUNITY IN THE PHILIPPINES
By Rodolfo Lahoy Jr. & Renz Roc
Aside from the so-called “war on drugs” that have killed thousands, and the
years-long military rule in the whole of Mindanao, increasingly alarming and
deserving of documentation are the administration’s moves against people’s
organisations and civil society actors. State actors gradually attempt to
justify repression of dissenters, in an emerging political climate of impunity
and the further erosion of the remains of government accountability. If
left unchecked, this could point towards another period of unabashed
authoritarianism of an elite-led state.
The Communist Party of the Philippines (CPP) marked its 50th founding
anniversary on December 26, 2018. The CPP—together with its New
People’s Army (NPA) and National Democratic Front of the Philippines
1 https://www.amnesty.org/en/documents/asa35/0308/2019/en/
2 http://time.com/4388937/philippines-rodrigo-duterte-president-inauguration/
2 A creeping reign of repression, impunity in the Philippines
Political analysts have argued elsewhere that the reasons for the half century-
long revolution, which the red fighters call “feudalism, bureaucrat capitalism
and imperialism” are “still here.”5
3 https://international.thenewslens.com/article/67077
4 https://www.philippinerevolution.info/2018/12/26/celebrate-the-partys-50th-anniversary-and-lead-
the-philippine-revolution-to-greater-victories/
5 https://newsinfo.inquirer.net/1100648/no-end-in-sight-as-npa-marks-50th-year-of-insurgency
6 https://newsinfo.inquirer.net/1100648/no-end-in-sight-as-npa-marks-50th-year-of-insurgency
7 https://www.philstar.com/headlines/2018/12/27/1880201/50-years-cpp-npa-failed-rebellion
8 https://news.abs-cbn.com/news/03/21/19/duterte-announces-permanent-termination-of-peace-talks-
with-reds
9 https://www.philippinerevolution.info/statement/ndfp-panel-welcomes-house-resolution-1803-on-
resumption-of-peace-talks/
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 3
State actors, particularly the military and the executive, have spared no
expense to equate armed,underground communist fighters with unarmed but
nonetheless dissenting civil society organisations and people’s organisations.
Attempts to this end come in the form of calling organisations around
the country as “communist fronts.” These dangerous and dubious “front”
accusations are not unprecedented in the country’s recent history.10 A 2008
report by Special Rapporteur Philip Alston described this practice, where
the military and senior officials under the Arroyo administration attempted
to “dismantle…numerous civil society organisations” and engaged in a
“public vilification of ‘enemies’”.11 These trends have again intensified in
the last years under the Duterte administration.
As a directive of the EO 70, members of the National Task Force carried out
an information campaign drive across Europe in February 2019. Described
as a “truth caravan,” members of the Armed Forces of the Philippines
(AFP), the Presidential Communications Operations Office (PCOO), and
the Presidential Human Rights Committee (PHRC) went to Bosnia and
Herzegovina, Switzerland, and Belgium to “clarify issues hounding the
Duterte administration,” including involuntary disappearances and press
repression.12
10 https://www.bulatlat.com/2010/01/03/in-2009-human-rights-took-serious-beating-from-arroyo-
regime/
11 https://www.karapatan.org/files/English_Alston_Report_Mission_to_the_Philippines_HRC8.pdf
12 https://www.pna.gov.ph/articles/1062239
13 https://www.philstar.com/headlines/2019/02/24/1896303/npa-atrocities-cases-set-be-filed-un-body
4 A creeping reign of repression, impunity in the Philippines
For the General, Lumad schools supported by the Save Our Schools
network, a campaign network for the right to education of indigenous
Lumad children, have developed a curriculum that teaches indigenous
youth to rebel in support of the communist fighters. The Save Our
Schools Network and the various Lumad indigenous schools have
been vocal in rejecting corporate plunder and growing militarization in
southern Philippines, with the President himself once claiming that he will
pick foreign investors for the ancestral domains defended by the Lumad.c
Indeed, a press briefing14 held March 2019 by the PCOO explained that
one of the main goals of the caravan is the “exposition” [sic] of what it
calls communist fronts that the military claims are masquerading as non-
government organizations and human rights defenders to European funding
agencies. The same briefing alleged that rights organizations from the
country only “project wrong news” [“i-project ang mga maling balita”] to the
international community, and that the communist party has “infiltrate[d]
the UN.”
Other measures were also enacted that threatens democratic spaces for civil
society organizations: in 2018, the Securities and Exchange Commission
(SEC) released its SEC Memorandum 15 to set guidelines for the supposed
protection of SEC-registered non-profit organizations in the Philippines
from “money laundering” and “terrorist-financing abuse.” Under this
memorandum, non-profit organizations are required to undergo a risk-
based assessment and subject their operational information to the discretion
of the SEC and Duterte’s Anti-Money Laundering Council.15
Civil society organisations based in the country have already raised concerns.
Karapatan argued that such a policy is especially dangerous in the current
rights situation in the country which, citing the UN Special Rapporteur on
Human Rights Defenders, features “very harmful rhetoric against human
rights defenders,” labelling them as ‘anti-nation,’ ‘protectors of drug lords,’
‘communists,’ ‘terrorists,’ among others.”17
14 https://pcoo.gov.ph/press-briefing/press-briefing-with-armed-forces-of-the-philippines-deputy-chief-
of-staff-for-civil-military-operations-brigadier-general-antonio-parlade-presidential-task-force-on-
media-security-undersecretary-joe/
15 http://www.sec.gov.ph/wp-content/uploads/2018/11/2018MCNo15.pdf
16 http://www.iboninternational.org/statement/on-latest-threats-democratic-spaces-philippine
17 https://hronlineph.com/2019/01/15/statement-new-sec-memo-on-non-profit-organizations-violates-
right-to-organize-karapatan/
6 A creeping reign of repression, impunity in the Philippines
The AFP has used the deaths and arrests to discourage students and other
youth especially in state universities from practicing their civil and political
right to join mass organizations. In November 2018, the UP Manila Office
of Student Affairs conducted a forum supposedly on Violence Against
Women, with the wife of Philippine National Police (PNP) Chief and a
military Major as resource speakers. However, the topic of VAW was barely
mentioned in the discussion—but rather revolved around propaganda
against mass organizations.23 In UP Los Baños, another state university,
18 https://www.pna.gov.ph/articles/1066104
19 http://nine.cnnphilippines.com/news/2018/10/03/Red-October-AFP-schools.html
20 https://news.abs-cbn.com/news/10/04/18/metro-manila-universities-slam-military-red-tagging
21 https://news.abs-cbn.com/news/10/04/18/caloocan-city-college-mayor-says-no-such-school
22 https://www.facebook.com/BulSUSGpage/posts/2240424862940085
23 https://www.facebook.com/UPMCASSC/photos/a.202554286514016/1468732303229535/
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 7
Other faces of the smear campaign included the use of the National
Youth Commission (NYC) and the Duterte-installed chairperson, Ronald
Cardema. He called for the revocation of state scholarships from “anti-
government” students, describing them as “allied with the leftist CPP-
24 https://www.facebook.com/UPLB.USC/posts/2266272273415710
8 A creeping reign of repression, impunity in the Philippines
Other than the use of different institutions against students’ dissent, the
security apparatus under Duterte’s command have also targeted teachers
accused of teaching “subversive” lessons to children and the youth.
The SOS Network has denied these allegations, stating that the Duterte
administration and the AFP are adamant in discrediting Lumad schools and
red-tagging their organizers and teachers in order to bring the rampant
militarization in the countryside to a good light. The network mentioned
that since the imposition of Martial Law in Mindanao, 85 Lumad schools
have been closed, and as many as 3,000 students in different indigenous
communities have been affected.
Workers have also faced the crosshairs of the administration and its security
apparatus, such as the trade union centre Kilusang Mayo Uno (KMU, May
First Labour Movement). Its labour organiser have been arrested on dubious
charges.26 In late April and May 2019, KMU received the ire of the national
police chief, saying that collective workers’ actions are the ones “driving
investors away,” after the labour centre criticized the “anti-worker” Duterte
25 https://www.philstar.com/headlines/2019/02/22/1895865/national-youth-commission-chair-ronald-
cardema-i-wont-quit-or-apologize
26 https://www.bulatlat.com/2019/02/25/intl-community-calls-for-the-release-of-filipino-trade-
unionist/
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 9
administration.27 The police chief later baited KMU to “prove” that they are
“not a communist front,”28 placing the burden of evidence on the unionists.
27 https://www.gmanetwork.com/news/news/nation/692768/kmu-to-albayalde-gov-rsquo-t-
subservience-to-foreign-powers-causes-unemployment-not-rallies/story/
28 https://www.msn.com/en-ph/news/national/albayalde-to-kmu-prove-youre-not-communist-front/
ar-AAAO7Rr
29 https://www.ituc-csi.org/IMG/pdf/ituc-global-rights-index-2018-en-final-2.pdf
30 http://davaotoday.com/main/politics/dutertes-red-tagging-intensifies-attacks-vs-labor-union-workers-
kmu/
31 https://newsinfo.inquirer.net/1070406/pnp-confirms-intel-operation-vs-act-teachers
32 https://www.philstar.com/headlines/2019/01/06/1882781/act-police-hands-our-teachers
33 https://newsinfo.inquirer.net/1091783/pnp-chief-warns-act-teachers-of-revocation-of-license
34 https://www.philstar.com/headlines/2019/02/08/1891888/court-appeals-junks-act-petition-vs-pnp-
profiling
10 A creeping reign of repression, impunity in the Philippines
35 https://www.facebook.com/ACTteachers/photos/a.176924669042969/2043709522364465/
36 https://www.rappler.com/nation/217803-satur-ocampo-france-castro-arrested-november-2018\
37 https://www.gmanetwork.com/news/news/nation/652911/law-faculties-let-sereno-impeachment-
trial-begin-quo-warranto-petition-unconstitutional/story/
38 https://www.ateneo.edu/sites/default/files/attached-files/Quo%20Warranto%20Decision.pdf
39 https://www.manilatimes.net/oust-duterte-plot-bared/543609/
40 https://news.abs-cbn.com/news/04/22/19/malacaang-claims-journalists-lawyers-behind-oust-
duterte-plot
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 11
completely ludicrous.”41 Panelo soon redacted his statement and said that
the matrix was unverified and came from an “unknown” source.42 The
official narrative peddled by the Spokesperson was further discredited as a
managing editor of The Manila Times resigned over the publication of the
story.43
The NUPL is among Duterte’s most staunch critics, having condemned the
president’s “drug war” operations, Oplan Tokhang as early as 2016. In August
2018, it filed a complaint to the International Criminal Court (ICC), calling
for Duterte’s indictment for thousands of extrajudicial killings under his
administration.44 The ICC in turn has begun its preliminary examination in
April 2019 and promised an expeditious analysis on the president’s crimes
against humanity.45 This is in spite of Duterte’s withdrawal of the Philippines
from the ICC and the Rome Statute in 2018 after the president stated that
the ICC does not have jurisdiction over him and his affairs.46
41 https://www.facebook.com/nuplphilippines/photos/a.10151953699388683/10156392875683683/
42 ttps://newsinfo.inquirer.net/1112982/panelo-admits-copy-of-oust-duterte-matrix-came-from-
unknown-number
43 https://www.rappler.com/nation/228942-manila-times-editor-resigns-over-duterte-ouster-plot-
matrix-story
44 https://www.rappler.com/nation/210550-families-war-on-drugs-victims-new-complaint-
international-criminal-court-vs-duterte
45 https://www.philstar.com/headlines/2019/04/06/1907689/icc-begins-examination-nupl-case-vs-
duterte
46 https://www.rappler.com/nation/198171-full-text-philippines-rodrigo-duterte-statement-
international-criminal-court-withdrawal
47 https://kodao.org/nujp-malacanangs-new-matrix-a-badly-concocted-fiction/
48 https://www.rappler.com/nation/216091-human-rights-lawyer-benjamin-ramos-shot-dead-
november-6-2018
49 https://iadllaw.org/2019/01/nupl-day-of-the-endangered-lawyer/
12 A creeping reign of repression, impunity in the Philippines
The above cases of attacks against minimum civil and political rights, from
attempts at discrediting legal organisations, to harassment and outright
killings, are testament to the worsening situation for people’s organisations
and civil society in the country. Moreover, they all contribute to worsening
impunity, with different institutions functioning to protect the Commander-
in-Chief, and against people’s rights.
State actors’ troubling attitude towards youth dissent, with its “red-
tagging” attempts in universities, saw the military use of supposedly public
educational institutions and spaces to discourage exercise of the right to
organise. Even a supposedly civilian office such as the National Youth
Commission has been used to propagate this notion. Generals’ public “red-
tagging” attempts against the youth are also dangerous given the country’s
recent history. More than a decade ago, amid another spate of “red-tagging”
of youth activists, Gen. Jovito Palparan kidnapped, detained, and believed
to have tortured at least two university students.50 He managed to escape
the country’s justice system for years before being convicted in late 2018.
His conviction, however, is just one in the various unresolved cases of
involuntary disappearances and killings of activists in the country.
The government’s “truth” caravan in Europe earlier this year was a new
effort of the Philippine government to wash its hands from accountability
and its notorious international reputation as a violator of press freedom
and civil, political and economic rights today. If anything, the government
reinforces the already problematic justice system in the country by further
promoting impunity as the norm.
50 https://www.aljazeera.com/news/2018/09/jovito-butcher-palparan-sentenced-kidnapping-
students-180917063431037.html
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 13
Unionised workers and teachers have faced threats to their right to organize,
sending the message that the working classes and educators must remain
passive amid ongoing threats to people’s rights in different parts of the
country. The Presidential Spokesperson’s unfounded matrix of accusations
against the people’s lawyers, serves the same function to the legal profession,
and as a warning against those who might follow the NUPL in using
existing national and international law to seek accountability from the
current administration.
Thus for Liza Maza, the spokesperson of the Council for People’s
Development and Governance and former lead convenor of the National
Anti-Poverty Commission, the current waves of harassment and attacks
serve “political and economic interests [that] wish to veer attention away
from legitimate concerns on rights violations and development problems
in the country.”51
51 https://www.philstar.com/headlines/2019/04/03/1906984/communist-front-tags-ngos-shrink-
democratic-spaces-group
14 A creeping reign of repression, impunity in the Philippines
“In continuing our human rights advocacy, we are exhausting all platforms
for redress of grievances. This CHR complaint [is] part of the measures we
are undertaking to end these attacks, to exact accountability and to protect
our courageous human rights advocates on the ground,” said Karapatan
Deputy Secretary General Roneo Clamor.52
The NUPL has similarly approached the Supreme Court to ask for
protection against threats from the state.They encouraged the high court to
issue a writ of amparo and a writ of habeas data to safeguard their members
from security violations by public officials, as well as a temporary protection
order.53
“Lawyering is not terrorism. The cause of the client and the case we are
handling should not be associated with us,” NUPL President Edre Olalia
explained to reporters after filing the petition.54
52 https://www.philstar.com/headlines/2019/03/12/1900864/groups-file-complaints-chr-over-
incidents-red-tagging
53
54 https://news.abs-cbn.com/news/04/15/19/lawyering-is-not-terrorism-nupl-members-seek-supreme-
court-protection
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 15
55 https://www.facebook.com/kabataan/photos/a.10153510415100557/10161223729755557/
56 https://www.facebook.com/NUSPhilippines/photos/a.10153187335169789/10157318796494789/
57 https://www.rappler.com/move-ph/110228-military-agents-up-diliman
58 https://www.rappler.com/nation/220447-act-tells-pnp-deped-teachers-not-terrorists
59 https://www.ei-ie.org/en/detail/16229/philippines-top-human-rights-award-goes-to-education-leade
60 https://truthout.org/articles/tribunal-declares-trump-and-duterte-guilty-of-crimes-against-humanity/
16 A creeping reign of repression, impunity in the Philippines
“[The IPT’s] biggest value is its strong moral persuasion and political push
that would complement the overall efforts from all sources in the ultimate
search for justice,” shared Olalia of NUPL, who served as the Clerk of
Court in the tribunal. The verdict and decision are set to be forwarded
to ICC Prosecutor Fatou Bensouda to assist the Court in its preliminary
examinations,62 and has been forwarded to various governments and
international organisations.
61 https://iadllaw.org/2018/09/international-peoples-tribunal-on-the-philippines-issues-verdict-on-
duterte-and-trump/
62 https://www.rappler.com/newsbreak/iq/212409-explanation-belgium-peoples-tribunal-guilty-
verdict-duterte-crimes-against-humanity
FROM COUNTING CURSES TO COUNTING
CORPSES: DUTERTE’S WAR VS. PEASANTS
By Arnold Padilla, Pesticide Action Network-Asia Pacific
There was a time when Duterte’s irreverence was just amusing. Duterte,
after all, is a populist leader. But three years into his presidency, Filipinos have
moved on from counting curses to counting corpses. Extrajudicial killings
(EJKs) on account of his drug war and counterinsurgency are mounting.
His Martial Law in Mindanao is now two years old and counting. Duterte,
above all, is an authoritarian leader.
A week before his speech, nine farm workers who were part of an organized
land occupation campaign were massacred in a sugar plantation in central
Philippines. Their lawyer was assassinated weeks later.
18 From counting curses to counting corpses: Duterte’s war vs. peasants
The Philippines, in fact, is the deadliest country in the region for rural
peoples and their supporters, based on PANAP’s own monitoring.
The paradox is that these populist leaders are the beneficiaries of the status
quo and represent or come from the same political and economic elite
that profit from neoliberal globalization, systemic corruption and organized
crimes.
Still, these politicians peddle the idea that they and only they represent the
true will of the people. Those that do not support them or question their
policies are conveniently branded as public enemies, as part of the corrupt
elite (e.g., critical media), as insurgents (e.g., activist groups), etc. Behind
the pretext of advancing the people’s interests, right wing populist leaders
turn to authoritarianism and further undermine the already restricted space
provided by liberal democracy.
Among those with the lowest levels of accomplishment rates are not quite
by accident also among the most restive regions in the country such as
Negros Island Region and Bicol Region in central Philippines; and
the Autonomous Region in Muslim Mindanao (ARMM) in southern
Philippines. (See Table 1)
ARMM and the rest of Mindanao have been under Martial Law since May
2017; Negros and Bicol regions, along with the Samar region, have been
placed under what local activists refer to as a “de facto Martial Law” (i.e.,
reinforced state of national emergency) through Duterte’s Memorandum
No. 32 (22 Nov 2018) that deployed more combat troops in the said regions.
This creates an environment of impunity in the rural areas for local and
foreign corporations, landlords and warlords (including local politicians),
state forces, and paramilitaries and private armies at the great expense of the
human rights of affected communities.
It is within this context that we can explain the repression – including the
alarming rate of peasant killings – that many rural Filipinos suffer under
Duterte.
As of yearend 2018, Karapatan reported that there were 180 people from
the peasant sector who were victims of EJKs since Duterte took over in July
2016. The number comprised the overwhelming majority of EJK victims
Karapatan monitored during the period. It means that at least one Filipino
farmer is killed every week under Duterte. The peasant sector is followed
by sectors also mostly based in rural areas, i.e., indigenous people, Moro
(Muslim Filipinos) and environmental activists. (See Chart 1)
Counting the new EJK cases recorded in the first four months of 2019,
there is now a total of 205 farmers killed since Duterte became President,
according to Karapatan. The recent cases of political killings include
simultaneous summary executions (see discussion in the next section) and
22 From counting curses to counting corpses: Duterte’s war vs. peasants
The Philippine’s total case is also more than half of the total number of
monitored cases (178) and almost half of the total number of victims (278).
Breaking down per sector, farmers and farmworkers accounted for 90 or
67% of the total number of victims in the Philippines. There were also 25
indigenous people and 20 land activists killed during the same period. (See
Table 2)
LAND ACTIVISTS
FARMWORKERS
INDIGENOUS
UNSPECIFIED
FARMERS,
PEOPLE
TOTAL
COUNTRY CASES
Argentina 1 1 0 0 1
Brazil 14 1 25 7 0 33
Cambodia 2 1 3 0 0 4
Chile 1 1 0 0 0 1
Colombia 19 10 1 10 2 23
Costa Rica 1 1 0 0 0 1
Guatemala 12 7 0 6 0 13
Honduras 2 0 0 2 0 2
India 5 2 13 6 0 21
Indonesia 1 1 0 0 0 1
Kenya 2 1 1 0 0 2
Mexico 11 9 0 8 0 17
Myanmar 3 0 0 3 0 3
Palestine 1 0 1 0 0 1
Peru 4 2 6 0 0 8
Philippines 93 25 90 20 0 135
Tanzania 1 0 0 1 0 1
Turkey 1 0 0 2 0 2
Uganda 1 0 3 0 0 3
Venezuela 3 1 3 2 0 6
TOTAL 178 63 146 67 2 278
Compiled by PANAP based on monitoring of online news and reports from partners
24 From counting curses to counting corpses: Duterte’s war vs. peasants
Based on online reports that PANAP culled, Philippine state forces (military
and paramilitary groups) were involved in half of the cases of killings, i.e.,
45 out of the total 93 cases; and more than half of the victims, i.e., 74 out
of 135 victims. Figures showing involvement of state forces could still go
higher as a significant number of cases (44) and victims (46) were reported
with unknown perpetrators. Private security personnel were involved in
four cases of killings with 15 victims.
The killings were justified by authorities allegedly because the victims were
armed rebels who engaged the soldiers and police in shootouts. Paramilitary
and private armed groups reportedly in the payroll of local landlords were
also involved. In particular in the province of Negros Oriental, simultaneous
police and military operations resulted in alleged summary executions of
farmers. (See Table 4)
by combined elements of the PNP and AFP and justified by what human
rights advocates describe as trumped up charges of illegal possession of
firearms and explosives and alleged membership to the NPA. (See Table 5)
In northern Mindanao, the police and military carried out their 28 and 30
Jan 2019 operations through abduction and a subsequent raid on the office
of a farmers’ group that resulted in the arrest and detention of six people.
What set the tone for the increased attacks on rural communities was the
abandonment by the Duterte administration of the initially promising peace
negotiations to address rural landlessness, among other social and economic
reforms, to end the peasant war being waged by the NPA.
These presidential issuances paved the way for the full implementation of
Duterte’s counterinsurgency campaign, the so-called Oplan Kapayapaan
(literally, peace) and expanded Martial Law in Mindanao to the entire
country.
But what makes Duterte’s campaign even more vicious is that the President
himself appears to openly incite state repression and violence against the
rural people with his virulent rants such as his “order” to bomb Lumad
schools supposedly run by the NPA or shooting down landless farmers that
are taking over farmlands.
His words are clearly not empty threats, as they embolden the soldiers
and police deployed in the rural communities to commit atrocities against
civilians with ever worsening impunity as harshly experienced by numerous
families in the Philippine countryside.
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 31
Amid the unspeakable brutality and terror that affected rural communities
face, the people are doing all they could to push back the repression and
assert their legitimate and basic human rights. Fact-finding and solidarity
missions were promptly organized to independently probe the killings and
support the families and survivors. Expressions and acts of support from
inside and outside the country, from various sectors including religious
groups, and even from national and local public officials continue to gather
steam.
Amid the never-ending threats they face on the ground, Filipino human
rights defenders continue to carry out the increasingly dangerous tasks of
documenting and monitoring the abuses that state forces commit; filing
cases against the perpetrators; organizing and mobilizing the communities;
and demanding justice and accountability.
Some have already produced positive results such as the pullout of troops
in heavily militarized areas due to public pressure. But the situation will
remain very difficult on the ground and impunity will continue to reign as
long as the direction dictated at the top of the country’s power hierarchy
remains authoritarian and militarist.
I n the wee hours of March 30, 2019, Leonor Avelino, wife of peasant leader
Ismael Avelino, was shocked to see armed men pointing guns at her when
she came out the bathroom. Several policemen have forced their way into
their home situated at Barangay Panubigan, Canlaon City, Negros Oriental.
Gunshots followed after she saw another policeman enter their bedroom
where her husband is. As she was forced to go outside the house with her
son, she did not see where Edgardo was until much later – dead, with at least
8 gunshot wounds in the torso.
At that same hour, Carmelita Avelino, residing in the house beside Leonor’s,
was woken up by a loud knock on her door, followed by armed policemen
who forced it open. She and her children, Israel and her daughter Grace
who is a minor, were dragged outside the house while her husband Edgardo
Avelino, a peasant leader, was left inside. As soon as the three of them were
outside, they heard three gunshots coming from the house. She, too, will not
see her husband until the ambulance came much later – discovering him
dead with two gunshot wounds in the chest and one in the head.
City, four in Manjuyod, and two in Sta. Catalina, including 2 village chiefs.
According to reports, they were all killed between 2:00AM and 5:30AM
of March 30, 2019. This operation also arrested at least 5 people including
local peasant leaders on the same day.
The massacre of what has been known as Negros 14 is but the latest to
the new wave of killings under the government of Philippine president
Rodrigo Roa Duterte.
On the other hand, there are around 335,000 sugar plantation and mill
workers in the island, almost half in the country. The agricultural workers
earn on an average PhP 1,500 – PhP 2,000 (USD 29 -USD 38) a month
which roughly translates to PhP 50 – PhP 67 (USD 0.96 – USD 1.29) a
day. A family of five means each get PhP 10 – PhP 13 (USD 0.19 – USD
0.25) for their daily subsistence.
The history of peasant killings in Negros is the history of their fight for land,
food, and justice. Even under Marcos’ martial rule, the sacadas and farmers
of Negros, compelled by the sugar crisis, launched waves upon waves of
protests calling for land reform, fair wages, and government support. On
September 20, 1985, soldiers and paramilitary forces opened fire on the
protesters in Escalante City, killing 20 farmers, which came to be known as
the Escalante Massacre.
Peasant killings continue even after the dictator had been toppled. Enforced
disappearances, frustrated killings, and extrajudicial killings continued in
Negros under the Gloria Macapagal Arroyo and Benigno Simeon Aquino
III regimes.
But the rate at which farmers are being slain under the Duterte regime has
surpassed that of his predecessors. In the last three years alone, at least 55
farmers and land rights advocates have been victims of extrajudicial killings
in the island. Worse, the Duterte administration even insists that the recent
spate of killings in Negros are legitimate police operations.
Following the horrific news of the Negros 14 killings, KMP, human rights
group Karapatan, legal experts and independent civil society members
launched a fact-finding mission in Negros from April 4-7. Through analysis
of the first-hand interviews from witnesses, hard evidence, and statements
from the victims’ kin, the 54-member mission concluded that: “the horrific
nature and extent of the victims’ wounds belie any claim that the force
used against them was – by any stretch of the imagination – reasonable, and
erodes the Philippine National Police’s credibility as to its claim that the
killings were carried out under justifiable circumstances.”1
While the Duterte administration maintains that search warrants were served
on March 30 and that legal proceedings were accomplished to the letter,
the Mission discovered numerous irregularities in said documents such as
use of false information among others. Detailed statements of the witnesses
also prove that warrants were signed under duress or search warrants were
1 Final Report of the National Fact-Finding and Solidarity Mission in Negros Oriental, Philippines, April
4-8, 2019. Available at https://www.karapatan.org/FINAL+REPORT+OF+THE+NATIONAL+FA
CT-FINDING+AND+SOLIDARITY+MISSION+IN+NEGROS+ORIENTAL%2C+PHILIPPIN
ES+April+4-8%2C+2019
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 37
Box 2
Farmers and kin slain on March Farmers and kin arrested on
30, 2019 March 30, 2019
1. Edgardo Avelino, 59 1. Nestor Balderas Kadusale
2. Ismael Avelino, 53 2. Georaldine G. Pelobello
3. Melchor Panares, 67 3. Armogena Caballero
4. Mario Panares, 46 4. Azucena Avelino Garubat
5. Rogelio Ricomuno, 52 5. Corazon Gazar Javier
6. Ricky Ricomuno, 28
7. Gonzalo Rosales, 47
8. Genes Palmares, 54
9. Franklin Lariosa
10. Anoj Enojo Rapada
11. Valentin Acabal
12. Sonny Palagtiw
13. Steve Arapoc
14. Manolo Martin
either given to the victims’ families only after the killings took place or such
copies were never provided at all. The Mission also noted inconsistencies
in the search warrants used against the victims and the inventories of items
allegedly confiscated from the houses of those killed and arrested.
The Mission found out that,“state security forces involved in the operations
were armed with high-powered rifles, donning combat attire (either
camouflage or all-black uniforms) and wore masks or bonnets to hide their
faces. None of their uniforms bore visible nameplates that could be used
for identification. These facts assured anonymity for the actions that would
follow.”
The Mission also reported that interviews and review of evidence on those
arrested show that the arrests made that night were, in fact, illegal and were
based on trumped up cases. Strong indication of PNP planting evidence
and abuse of power according to witness accounts were confirmed. The
report also noted that most of the arrested farmers and kin were either
members or leaders of local farmers’ organizations or progressive groups.
On November 22, 2018, President Duterte issued Memo Circular 32, which
provides “reinforcing guidelines” for the AFP and PNP in implementing
“measures to suppress and prevent lawless violence.” This Memo places the
Island of Negros, Samar, Bicol among others under tighter military control
and increased military deployment.
According to PNP, much like what they said for the Negros 14, the six
killed fought back, and that gunfight ensued between the farmers and
security forces. In police lingo, “nanlaban” or “fought back” was the term
they used to justify the deaths of victims. It is not surprising that the end-
result of extra-judicial killings (EJKs) under Memo 32 and Oplan Sauron
is similar to the deaths in Duterte’s War on Drugs program Oplan Tokhang.
Duterte’s Oplan Tokhang claimed more than 20,000 lives, mostly urban
poor, in a spree of ‘drug-related killings’ done by the PNP and sanctioned
vigilantes in the cities.
2 http://manilastandard.net/news/top-stories/291640/4-top-cops-sacked-over-negros-14.html
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 39
Box 3. Sagay 9
Nine farmers were killed in a day after they started the “bungkalan” (land
cultivation), attempting to cultivate 75 hectares of land inside Hacienda
Nene, a plantation in Sagay City, Negros Occidental province in central
Philippines last October 19, 2018.
The farm workers killed were union members of the National Federation
of Sugar Workers (NFSW); among them were three women and two
minors. They were part of the collective bungkalan in the disputed
Hacienda Nene sugarcane plantation organized by the NFSW. Through
bungkalan, farmers occupy idle and undistributed lands covered by the
government’s land reform program to assert the farmers’ right to land
and food.
It is ironic that the Memo Circular 32 that is now terrorizing the countryside
was done supposedly in response to another massacre in Negros – after nine
organized farmers were killed in their sleep last October 19, 2018.
One of the notable tactics used in almost all cases of peasant killings,
including the Sagay 9 and the Negros 14, is tagging them as members of
the armed revolutionary group New People’s Army (NPA). In an interview,
PNP Chief Oscar Albayalde said that based on police intelligence reports,
40 Negros 14: New wave of peasant killings
In 2018, the US gave USD 193.5 million for the AFP and PNP for anti-
insurgency operations and anti-narcotics drive despite the clear proof
of mass murder that ensued. It also donated 2,253 machine guns, over 5
million rounds of ammunition, surveillance equipment, and other weapons.
3 https://www.philstar.com/headlines/2019/04/01/1906389/pnp-negros-oriental-operations-where-14-
died-not-massacre
4 https://philippineslifestyle.com/military-aid-usa-philippines/
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 41
More than bankrolling the killings in the Philippines, the US plays a much
crucial role in the current spree of human rights violations in the country
– the US Counter-insurgency Guide. The Duterte administration’s internal
peace and security program Oplan Kapayapaan is patterned, guided, and
designed from the US counter-insurgency doctrine.
The top police officers involved in the operation that led to the bloodbath
of March 30 were reinstated last April 22, 2019. Col. Tacaca is designated as
the provincial police director of Negros Oriental. Chiefs of police Lt. Col.
Patricio Degay (Canlaon City Police Station), Lt. Kevin Roy Mamaraldo
(Manjuyod Municipal Police Station) and Capt. Michael Rubia (Sta.
Catalina Municipal Police Station) were also reinstated. The four were
previously relieved of their post after the public decried the killings.
By targeting the farmers and their leaders who are fighting for their land,
this killing spree is baring its own motivations to the people – a desperate
attempt to quell the brewing anger of the farmers, peasants and rural peoples
to landlessness, poverty, and injustice.
Sources:
1. Report on Negros. Unyon ng mga Manggagawa sa Agrikultura. 2018
2. Affidavit for the International Peoples’ Tribunal – National Federation of Sugar Workers. 2019
3. Final Report of the National Fact-Finding and Solidarity Mission in Negros Oriental, Philippines. 2019
THE REINCARNATION OF MARCOS AND THE
REINVENTION OF MARTIAL LAW
By Lyn Angelica Pano
A lready criticized in the past for filling his Cabinet with former police
and military officials, Philippine President Rodrigo Duterte recently
announced intentions of bringing in more.
"I have a special fondness for the military for being fundamentally honest
at [and] industrious," he said on April 9, 2019. "Kaya [That's why] as you
would see, 'yung unang [the first] — the next few officials coming in would
be military guys," he added.
Source: https://www.ibon.org/2019/01/militarization-of-the-government/
Without any denial, Duterte remarked on October 31, 2018 that “almost
everyone is from the military except for Dabs [former TESDA chief Guiling
Mamondiong], me [Duterte], [Executive Secretary Salvador] Medialdea…
They say, 'militarization of the government.' Correct!" By December 2018,
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 47
one third of the cabinet is composed of officials with histories with the AFP
and the Philippine National Police (PNP).
Moreover, Pres. Duterte also issued Executive Order No. 67, which
transferred eight agencies, formerly under the Office of the Cabinet
Secretary, to the Department of Trade and Industry (DTI), Department of
Interior and Local Government (DILG) and Department of Social Welfare
and Development (DSWD).The DILG and DSWD are currently headed by
former military generals, Eduardo Año and Rolando Bautista, respectively.
Thus, six of the eight agencies now fall under a department led by ex-
military officials. The written mandates of these agencies mostly concern
marginalized groups. The National Commission on Muslim Filipinos,
Philippine Commission on Women and the National Youth Commission
are now under DILG. The National Anti-Poverty Commission, National
Commission on Indigenous Peoples and the Presidential Commission on
the Urban Poor are now under the DSWD.
Duterte also defended police and military appointments to key civilian posts
by saying that persons who served in the military are less likely to "debate"
with him when implementing policies, that they are used to working under
harsh conditions, and that they “fight the enemies of the state and die.” He
credited former military men and now DILG and Environment Secretaries
Eduardo Año and Roy Cimatu for the rehabilitation of the beach area
and popular tourist destination, Boracay. He also praised housing chief and
48 The Reincarnation of Marcos and the Reinvention of Martial Law
retired military general Eduardo del Rosario for the supposed efforts to
rebuild areas affected by the Marawi siege.
Both the justice department and key officials in the legislature back the
President’s actions. Justice Secretary Menardo Guevarra assured that
Guerrero’s appointment to the Customs does not violate the civilian
supremacy rule, excusing that a retired member of the AFP is considered
“a civilian.” House Speaker and former President Gloria Macapagal-Arroyo
said these appointees “are literally good soldiers” and that being in the same
position once, she “know[s] more or less that the President has to consider
so many things when he makes his decision.” Senate President Vicente
Sotto III believed drastic measures, an overhaul from top to bottom, are
needed to finally crack the whip in the bureau. It would be essential to ask,
what about checks and balances?
It is not true that Duterte only “romances” with so-called retired and
therefore now-“civilian” military and police officers. Throughout his long
stint as Davao City mayor and right from the start of his presidency, Duterte
hopped from one military camp and hospital to another, promising and
delivering on doubling the salaries of both the AFP and PNP, gifting them
with handguns, watches, cash, and pleasure trips to Hong Kong.
https://bigpicturesais.com/2018/09/18/fruits-of-impunity-collateral-damage-in-dutertes-war-on-drugs/
Pres. Duterte defended his former Bureau of Customs chiefs for not having
curbed the illicit entry of methamphetamine (shabu) into the country,
saying that “[Former Customs Commissioner Nicanor] Faeldon is a Marine,
[former commissioner] Sid [Lapeña] is a police. They do not know, so I said
men from the Army might be better.” He added that with the nature of the
work of the customs bureau, it is really inevitable for shabu to slip through,
no matter one’s competence and honesty. "Every day, 7,000 containers pass
through, on average... Something will really get past you. The best thing to
do there is to buy another X-ray machine," said Pres. Duterte.
Noting the Congressional investigation against the customs bureau and the
Philippine Drug Enforcement Agency (PDEA) amid issues of negligence,
if not complicity, regarding drug trade, Alliance of Concerned Teachers
Partylist Representative Antonio Tinio said that Duterte “is engaging in
theatrics rather than in actually rooting out corruption and stemming the
flow of illegal drugs from abroad.” He added that Duterte merely reassigns
his appointees “while refusing to hold anyone accountable,” making it “clear
that the war on drugs is a scam meant to protect the drug smugglers at the
cost of the lives of thousands of drug users.”
According to the PDEA, 4,948 suspected drug users and dealers “died”
(instead of “killed”) during police operations from July 1, 2016 to
September 30, 2018. But this does not yet include the 22,983 others
(including minors and children) killed by unidentified gunmen, which have
been classified as “homicides under investigation.” The exact number of
fatalities is difficult to ascertain because the government did not disclose
official documents about the “drug war,” has issued contradictory statistics
and, in the case of these “homicides under investigation,” stopped releasing
the figures altogether — according to Human Rights Watch.
Duterte vowed to continue his “anti-drug” campaign until his term ends
in 2022 and swore that “it will be as relentless and chilling as on the day it
began.” He has also vowed to protect from prosecution the police officers
and agents carrying out the “drug war”.
First of all, locals were not involved in planning and deciding the future of
their home island. Second, at least 400 government troops were stationed
in the island before the closure announcement, followed by 150 policemen
and 28 navy personnel. The Philippine Coast Guard also deployed BRP
Cabra, a 44-meter multirole vessel manned by 40 personnel off its coast.
52 The Reincarnation of Marcos and the Reinvention of Martial Law
Source: https://news.abs-cbn.com/news/04/24/18/nearly-600-govt-troops-to-patrol-boracay-during-6-
month-shut-down
Third, they held a simulation exercise involving nearly 600 soldiers, police
and coast guard members for any ”emergency situations” that might arise,
including mass protests – a clear warning against any people’s resistance.
Julius Reyes, commander of the army contingent said “there are no terrorist
threats but we want to be prepared just in case.” About 36,000 island workers
from the formal and informal sectors were then expected to lose their
jobs during the half-year closure – all in the name of so-called “sustainable
tourism.”
Indeed, displaced residents and workers lamented after a year that many of
them remain pleading for alternative livelihoods, food and relief assistance,
on-site relocation and rehabilitation sites from the government, according
to We Are Boracay, a group of vendors, tricycle drivers, masseuses, tour
guides and other workers in the informal sector.
transport them [including] a special pier for their use in Caticlan [emphasis
added].” The locals, from being the native inhabitants who are supposed
to mainly benefit from tourism, will be mere workers transported – and
therefore dislocated – to and from the island in order to serve tourists and
businesses as needed.
Retired military general and current Housing Secretary Eduardo del Rosario,
also Task Force Bangon Marawi (TFBM) chair, earlier set the deadline
for the clearing of around three million tons of debris and unexploded
ordnance to August 30, 2019 (later moved to 2021). He also announced that
MAA residents will be allowed to return by the “first week of September”
to repair their destroyed properties, while least affected area residents of
the MAA might even be allowed to return “as early as July.” As of March
2019, however, 49 unexploded ordnance (UXOs) – or explosives still at
risk of detonation – have yet to be recovered from the 70 UXOs dropped
54 The Reincarnation of Marcos and the Reinvention of Martial Law
Source: https://www.asiaone.com/sites/default/files/original_images/May2019/190429_marawiphilippines_
inquirer_2.jpg
by military aircraft. This is the main reason, according to del Rosario, why
residents are not allowed to return to their homes at Ground Zero.
The locals also protested the President’s prioritization of gifting the AFP
with another military camp, costing Php 400 million, in the former city
hall site. This only indicates how the government intends to maintain if
not intensify the military’s presence in Marawi City. “Though they’re [the
Islamist groups] only a handful, they continue to be a threat because they
are still there,” according to AFP Chief Gen. Benjamin Madrigal.
By late May 2019, a year and a half since the “liberation” of Marawi and
under two years of military rule in the whole island of Mindanao, the
Commission on Audit has found that only Php 10,000 of the Php 36 million
aid has been used (and for only one Marawi siege survivor). According
to the International Committee of the Red Cross, more than a hundred
thousand people are unable to return to their homes in the city.
Brace yourselves
The discourse on how the Philippine police and military are trained to
work and sacrifice under harsh conditions should be re-examined. Neither
the President nor the army itself ever lifted a finger nor uttered a word to
defend Philippine sovereignty over the contested territories and resources
of the West Philippine Sea. The rampant violations in the continuing
course of the “war on drugs,” that worked as a war on the poor, remain a
striking issue. An aftermath of displacement, lost livelihoods, homes and
lives among Moro peoples, not to mention the militarization of indigenous
people’s communities – all of which are violation of Moro and indigenous
peoples’ rights – continue to haunt Mindanao’s affected communities.These
“internal looking animals,” as Custodio calls them, have a long history and
a long list of extrajudicial killings and other crimes against the poor – and
under Duterte they don’t even need a nationwide Martial Law to do any
of these.
The president admitted that he loves the police and military because they
do not debate orders, they just deliver. When the President utters the words
56 The Reincarnation of Marcos and the Reinvention of Martial Law
“kill them all” in a speech, these are taken as an order, as law, implemented
without any delay, as the drug war clearly exemplifies (unlike a bill to
increase wages adequate to living standards, which only collects dust and
never gets enacted in the legislature). In both Marawi and Boracay, we
have seen how people were displaced, never consulted, neglected, and
pre-empted from resisting, as the government negotiates a good deal with
businesses on how to “rehabilitate” or ‘“rebuild” these areas.
And with the recently concluded midterm elections, one ridden with
transparency and credibility issues, that installed former Philippine National
Police chief and “drug war” lead Ronaldo “Bato” dela Rosa in the Senate,
peoples and their organizations brace themselves for the further legalization
and glorification of state and state-instigated violence, and more importantly,
to do what it takes in defense of people’s rights from a larger wave of attacks.
We, the people can only rely on our own strength.
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WITNESSING FOR RIGHTS AND JUSTICE
AMID TYRANNY
CHURCH WORKERS UNDER ATTACK IN THE ERA OF
OPLAN TOKHANG AND KAPAYAPAAN
By Ivan Phell Enrile
In the era of the so-called “war on drugs” through Oplan Tokhang and
so-called “counterinsurgency” of Oplan Kapayapaan, church workers face
increasing peril. In 2017, 72-year old retired priest Fr. Marcelito “Tito”
Paez from the Diocese of San Jose City, Nueva Ecija was gunned down
after facilitating the release from prison of peasant organizer and political
prisoner Rommel Tucay, who was detained at a provincial jail. In 2018, the
well-loved Our Lady of Sion missionary Sister Patricia Fox was expelled
from the country. The long serving Australian missionary and human rights
advocate earned the ire of President Rodrigo Duterte for joining fact-
finding and solidarity missions among peasant and workers’ communities in
the southern island of Mindanao.
At the root of Duterte’s conflict with the church is his desire to stamp out
all obstructions to his tyrannical rule. It does not sit well with him that
some of the church hierarchy, along with the broader civil society and
peoples’ movements, have spoken against his controversial banner policies
such as “federalism,” charter change, and his deadly “war on drugs.”
60 Witnessing for rights and justice amid tyranny
But the persecution against RMP has escalated under the Duterte regime.
RMP-Northern Mindanao particularly has been subjected to intense red-
tagging and harassment by the police and the military.
The following day, February 23, news reports surfaced about a complaint
filed at the United Nations (UN) by Vicente Agdamag, deputy director
general of the Philippines' National Security Council, against RMP. The
report, which was submitted to the Office of the UN High Commissioner
for Human Rights in Geneva charged RMP with trafficking children of
indigenous peoples.
RMP also recently found itself in the list of NGOs the government wanted
to block from European Union funding, for accusations of channeling funds
to the CPP and NPA.
RMP assails the military for these false accusations. The schools are part of
the Philippine Education System’s Alternative Learning System (ALS) and
some have permits granted by the Department of Education. Few others,
however, are denied permits not because they have not met the requirements,
but as part of the continuing repression of indigenous peoples’ rights.
The filing of the report raises alarm bells, Belardo said, "as it can be used as
justification to go after rural missionaries, priests, sisters and lay workers, and
so we urge our fellow Christians to condemn these preposterous accusations
and echo the call to end the attack against rural poor and peace advocates."
The complaints asserted the legality of the organization and the importance
of its missionary work. These also highlighted the government’s non-
implementation of the Comprehensive Agreement on the Respect for
Human Rights and International Humanitarian Law, with active government
campaigns and policies that are directly inimical to human rights.
The RMP also emphasized that they will not be kept silent regarding matters
especially those concerning their Christian missionary commitment.
The attacks are not exclusive to the Catholic faithful. The Iglesia Filipina
Independiente, also known as the Aglipayan Church, has also reported cases
of harassment of its ministers and church workers by state security and
agents.
Deacon Allan Khen Apus of the Iglesia Filipina Independiente (IFI) and
an active member of the local chapter of Promotion of Church People’s
Response (PCPR) received a warning from a military agent telling him to
stop from his human rights work and that he is being put under surveillance.
Apus said the man managed to get his number and bribed him to accept
allowances through an urban poor assistance project of Malacañang.
"I learned that I was targeted for providing aid to the Moro evacuees in the
International Solidarity Mission in Marawi,” according to Apus. “The man
offered to meet with me in restaurants and talk to me, but I refused because
I did not know him. I also refused the rice aid and cash because if we had
accepted it, who knew what could have happened," he added.
Abejo said that the move serves "to further intimidate and silence the
church people in advancing the work of the liberation of God’s people.”
He also recognizes that “[t]here are many other cases of violations against
church workers, such as those being experienced by the lay co-workers of
the Rural Missionaries of the Philippines in the region.” And that this is
part of an alarming trend, a “series of events [against church personnel and
workers which] underscore the culture of impunity among state forces in
committing human rights violations under President Duterte’s Martial Law
[in Mindanao]," Abejo said.
Well-funded, state-sanctioned
From behind a highly secure virtual private network and using thousands of
computers, a combination of human and bot action swarmed the websites
with bogus traffic– 40,000 times the normal load, in the case of Bulatlat.
The attackers also targeted particular pages, and the search engine, using the
keywords “XD” and “Duterte.”
“The Duterte regime is using every means to silence dissent, criticism, and
free expression: from threats, incarceration, to killings, to cyber warfare. The
main target of this latest assault are the alternative media that mostly via
online disseminate reports and views on events and issues that are rarely
covered, if at all, by the dominant media,” Ronalyn Olea explains, in a
pooled editorial later published at the Bulatlat website. Olea adds that “the
goal is to deny a public hungry for information the reports and stories that
it needs to understand what is happening in a country besieged by lies and
disinformation.”
But the attacks have notably intensified in the past months, in the crucial
period before the 2019 polls season. The mid-term election was a supposed
performance appraisal for an administration that faces growing unrest over
its leader’s many failures, and the electoral process was wracked by concerns
of credibility and transparency.
Duterte has been unable to deliver on his promises to end poverty and
hunger, to eliminate corruption in the government, to provide more and
better employment opportunities for Filipinos, to solve the roots of the
drug problem, to bring peace in Mindanao. Instead, in the past three years,
Filipinos bore witness to a war not on drugs but on the poor, a tax reform
law that is harshest to those in the margins, the continued practice of
contractualization of labor, and the destruction of communities amid state-
sponsored violence in Mindanao, which has been under extended Martial
Law.
Red-tagging
who could not walk, and a teenager who was begging for mercy because
he had school exams the next day.
Not surprisingly, the Philippines has been ranked as one of the most
dangerous places in the world for journalists, in what is an indictment of its
supposed democracy.
Fighting cyber-censorship
Following the attacks, the groups and their allies have joined hands to fight
what they called cyber-censorship.
The alternative media groups have lodged complaints with and staged
protests against the Department of Information and Communications
Technology, which has been mostly unresponsive.
For their part, Qurium has been mirroring the targeted websites under its
Operation Collateral Freedom, which circumvents technological censorship
by duplicating the censored websites using the servers of the internet giants.
“Authoritarian regimes cannot block access to the mirrors without the
‘collateral damage’ of restricting their own access to the services of these
Internet companies,” Qurium says.
That morning’s commotion was led by the Office of the Presidential Adviser
on the Peace Process (OPAPP), Indigenous People’s Peace Panel of OPAPP
and the Committee on Indigenous Cultural Communities and Indigenous
Peoples (CICCIP). The visit came as a surprise, but its reason is an old and
tired story for the Lumad, that is, to find proof that the schools are training
grounds for insurgents, particularly the New People’s Army (NPA) and
Communist Party of the Philippines (CPP). There are “significant data and
information” from the Office of the House Speaker and National Security
Adviser to link the schools and the rebels, according to the CICCIP.
But the obvious link for the Lumad organization Malahutayong Pakigbisog
Alang sa Sumusunod (MAPASU) is that investigators are heavily assisted
by 75th and 401st Infantry Battalion of the Philippine Army and even
by paramilitary forces called Magahat-Bagani. Its leader, Marcos Bocales,
has been identified by students and residents of allegedly being involved
72 Lumad Schools: A Struggle for Land and Learning
With vast land and rich natural resources, the people of Mindanao remain
one of the poorest in the country with the highest poverty incidence
among families.1 The indigenous Lumad of Mindanao living in the remotest
forests and mountains, comprising 61% of around 14 to 17 million IP in
the Philippines, are also among the poorest and most challenged in terms
of access to basic social services.2 According to Save Our School Network,
9 out of 10 Lumad children lack access to education.3
Thus, Lumad schools were brought about by the state’s inability to reach
Lumad villages and extend social services, like education. Now, around 219
Lumad schools in four regions in Mindanao are established with the efforts
of the Lumad peoples, church and civil society groups.4 Eighty-five of these
schools have been forcibly closed down.
1 http://www.psa.gov.ph/poverty-press-releases/nid/138411
2 https://www.rappler.com/life-and-style/fashion/230834-dispute-erupts-new-york-fur-ban-proposal
3 https://www.rappler.com/move-ph/178181-infographic-lumad-indigenous-peoples
4 http://salupongan.org/save-our-schools-1
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 73
NORTHERN MINDANAO
Rural Missionaries of the Philippines-Northern Mindanao Region’s
Literacy and Numeracy Schools for Indigenous Children
SOCCSKSARGEN
Center for Lumad Advocacy and Services, Inc. (CLANS)
SOUTHERN MINDANAO
Salugpongan Ta Tanu Igkanogon Community Learning Center Inc.
(STTICLC)
Mindanao Interfaith Services Foundation, Inc. Academy (MISFI)
Assumption Interfaith Academy Foundation, Inc. (AIAFI)
a https://www.bulatlat.com/2017/09/18/alliance-lumad-schools-holds-first-national-confab/
For its efforts and performance, Lumad schools have been recognized as
Most Outstanding Literacy Program awardee in CARAGA and 5th Most
Outstanding Literacy Program awardee in the Philippines (ALCADEV).
DepEd’s Indigenous Peoples Education Office used to support Lumad
school’s teaching approach.They said that IP education needs a turn-around
in perspective, veering away from the “colonial view that education should
5 https://misfi-phil.org/misfi-academy/
6 https://alcadev.wordpress.com/about/
74 Lumad Schools: A Struggle for Land and Learning
be used to ‘civilize’ and assimilate them,” and that it must not take them
away from their culture and communities.7
But the path in bringing Lumad youth and communities the education
they need has been hampered by growing layers of obstacles.
Grade School Lumad student Joly Samad of MISFI decried the President’s
pronouncement for it only aggravated the already precarious state of Lumad
schools. For the Lumad students, such statement seems like a go-signal to
the military and paramilitaries, already encroaching on some schools, to
further attack and endanger their lives.
Among other allegations thrown by top armed forces officials to the Lumad
schools are that they teach students how to hold and fire a gun, how to be
disrespectful to the government, and how to sing the “rebel’s version” of
the Philippine national anthem.10 Such accusations, all under investigation
and remain unproven in any court, were also echoed by so-called Lumad
leaders working closely with the military and were used to forcibly lock
down some of the Lumad schools.
7 https://www.philstar.com/headlines/2018/07/11/1831716/lumad-schools-even-holding-class-struggle
8 http://nine.cnnphilippines.com/news/2017/07/25/Duterte-threatens-to-bomb-Lumad-schools.html
9 https://chr.gov.ph/bombing-of-lumad-schools-against-intl-humanitarian-law-chr/
10 https://www.mindanews.com/top-stories/2018/12/deped-davao-norte-chief-says-no-closure-order-
issued-vs-lumad-schools/
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 75
The allegations and threats are not empty words, for these resulted to the
killings of several Lumad leaders. In September 2015, Emerito Samarca,
Executive Director of the ALCADEV was stabbed to death in a classroom
by Magahat-Bagani paramilitary forces who accused him of being an NPA
leader who radicalized students against impending mining concessions in
ancestral lands. Dionel Campos, MAPASU Chairperson, and his cousin
Bello Sinzo were also believed to have been killed that day in front of
ALCADEV students and Lumad-Manobo residents in Lianga town.
According to witnesses, the brutal killings happened while the Army’s 36th
Infantry Battalion and Special Forces watched.11
11 https://www.sunstar.com.ph/article/29031/Business/Alleged-militiamen-kill-3-lumad-leaders-in-
Surigao-Sur
12 http://salupongan.org/save-our-schools-1
13 https://www.bulatlat.com/2018/06/05/lumad-schools-face-harassments-new-school-year-opens/
14 http://www.interaksyon.com/breaking-news/2018/02/08/119257/lumad-teacher-nabbed-in-sultan-
kudarat-for-criminal-raps-over-2017-npa-marine-clash/
76 Lumad Schools: A Struggle for Land and Learning
For many years, Tolino has also been an active campaigner against
plantation and mining companies entering the Dulangan Manobo lands,
particularly the David M. Consunji Inc. As a teacher, she has been strong
in emphasizing to her indigenous students their right to territory and self-
determination as IP.
Tolino’s father and tribal leader, Pakingan Gantangan, died in July 2018
from a heart attack while holding a protest at the Department of
Education to reopen the tribal schools in their community. In 2018,
authorities have closed at least 33 of the 50 CLANS schools following
reports that its permit was illegal and it was acting as NPA rebel front.
The Pantaron range that stretches the Davao region to North Cotabato
and Bukidnon houses the headwaters of major rivers in Mindanao. It is
also the location of Lumad Manobo’s ancestral lands and Lumad schools
STTICLCI. STTICLCI is actually named from the Lumad formation
Salugpongan Ta’tanu Igkanugon or “Unity of People to Defend the
Ancestral Land” that united 83 Manobo tribes of Talaingod to defend the
ancestral domain against encroachment of the logging company Alcantara
and Sons (Alsons).18
Plans to build a PhP 9-billion (USD 200 million) mining hi-way that leads
up to the Pantaron Range have been linked to the increasing military
encampment in Lumad communities and schools. Such plans have also
resulted to further division in Lumad communities as state forces beef
up military-organized paramilitary group Alamara to counter progressive
leaders against business interests in the Lumad lands.
15 https://www.bulatlat.com/2018/06/05/lumad-schools-face-harassments-new-school-year-opens/
16 https://www.philstar.com/headlines/2018/07/11/1831716/lumad-schools-even-holding-class-
struggle
17 https://www.facebook.com/CLANSLCS/photos/a.1869732903044433/2334721309878921/?type=
3&theater
18 https://www.bulatlat.com/2014/12/01/the-lumad-school-on-pantaron-range/
78 Lumad Schools: A Struggle for Land and Learning
In the CARAGA region, potential petroleum and coal mining and other
extractive interests in the rich Andap Valley Complex, an area that straddles
the towns of San Miguel, San Agustin, Marihatag, Cagwait,Tago and Lianga,
is seen as the reason of the increase of military presence in the Lumad
communities.19
Anti-mining group Caraga Watch said that big extractive companies have
been wanting to start their projects in the Andap Valley Complex, but was
continuously opposed by indigenous communities. Among the reported
mining corporations are Benguet Corp., Abacus Coal Exploration and
Development Corp., Chinese-owned Great Wall Mining and Power Corp.,
ASK Mining and Exploration Corp. and CoalBlack Mining Corp.
How the military and government use force to protect big business
interests in ancestral lands can be seen in how army battalions protect the
palm oil plantation of A Brown Energy and Resources Development Inc.
(ABERDI) and subsidiary Nakeen Corporation in Opol, Misamis Oriental
and Kalabugao, Bukidnon. With the 4th Infantry Division operating in the
area under Martial Law, Lumad farmers cannot go back to farming in their
ancestral lands within the plantations.22
Lumad leaders have raised that the imposition of Martial Law in Mindanao
has aggravated human rights violations against Lumad IP in Mindanao.23
19 https://www.mindanews.com/top-stories/2018/07/group-says-mining-interests-behind-military-
presence-in-lumad-lands/
20 https://www.mindanews.com/top-stories/2018/02/duterte-to-choose-investors-to-develop-lumad-
lands-for-oil-palm-mining/
21 http://philippinereporter.com/2018/08/10/coal-mining-behind-militarization-and-displacement-of-
lumad-communities/
22 https://news.mongabay.com/2019/03/it-is-open-season-right-now-martial-law-intensifies-in-the-
philippines/
23 https://www.rappler.com/move-ph/178319-martial-law-affects-lumad-indigenous-peoples-mindanao
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 79
From stricter ID search even for IP, to bomber planes hovering over villages,
the Lumad continue to lose their lands as they are forced to evacuate in fear
for their lives and safety.
Under Martial Law, all activities must have an approval of the local
government, police and military. Also, civilian’s petition to writ of habeas
corpus is suspended when one is accused of rebellion or threat of invasion.
Thus, this safeguard against arbitrary military action is lost when the military
accuses one as a rebel or an insurgent.24
The iron hand of Martial Law in Mindanao has punished the Lumad people
standing against local and foreign corporations taking away their ancestral
lands, and plundering the natural resources in these territories. Going
hand in hand with the anti-insurgency campaign of the government, the
military, paramilitary and the whole state machinery is now acting together
to suppress any dissent and opposition, lumping them with rebels and
insurgents, and forwarding the interests of businesses.
Evacuating repeatedly from their schools and villages to the city center,
the Lumad pushes to keep the Lumad youth’s learning through the Lumad
Bakwit (a vernacular for “evacuate”) School. The Bakwit School has been
the refugee classroom in response to increasing militarization and closing of
Lumad schools in Mindanao.
24 https://www.rappler.com/move-ph/178319-martial-law-affects-lumad-indigenous-peoples-mindanao
80 Lumad Schools: A Struggle for Land and Learning
In UCCP Haran Center in Davao City and at the Tandag Sports Complex
in Surigao del Sur province, the evacuation centers of Lumad families also
house Bakwit Schools to let the Lumad youth continuously go to school.
The Bakwit School has also been the fruitition of a national caravan of the
IP in Manila, which started in 2015 after the killing of ALCADEV Executive
Director Samarca. Around 700 Lumad from all over Mindanao travelled to
Manila, mostly by land, to seek justice for human rights violations, and
to defend Lumad schools, Lumad communities, and ancestral land and
resources.
25 https://ph.theasianparent.com/lumad-children-uphold-rights-education
TERMINATION OF PEACE UNDER DUTERTE’S
BLOODY REGIME
By Jamaica Jian Gacoscosim and Danielle Templonuevo
Since 2016, four rounds of formal peace negotiations with the NDFP were
reached until they faced stumbling blocks. Duterte unilaterally terminated
the peace talks after the 3rd round of negotiations in Rome, Italy in 2017 and
tagged the CPP-NPA-NDFP as “terrorists”. Upon reaching the 4th round,
the government continued to delay and make unsound conditionalities for
the peace talks.1
1 Lorelei Covero. Peace talks under the Duterte Government: Road to Peace? In State Terror & Tyranny
in the Philippines: US backed Oplan Kapayapaan & Duterte’s Attack on People’s Rights. 2018.http://
iboninternational.org/sites/ibon/files/resources/StateTerror%26Tyranny_final.pdf
82 Termination of Peace under Duterte’s bloody regime
Peace negotiations between the GRP and the NDFP create possibilities for
both parties to come to binding agreements that address the issues of the
people and bring forth their interests. Examples of these agreements are
The Hague Joint Declaration, the Joint Agreement on Safety and Immunity
Guarantees (JASIG) and the Comprehensive Agreement on Respect for
Human Rights and International Humanitarian Law (CARHRIHL).
Agreements on socio-economic reforms (such as national industrialization,
agrarian reform, and foreign economic policy), political and constitutional
reforms, and then cessation of hostilities would have been the agenda for
the next rounds of negotiations if these significantly progressed. However,
these subsequent agenda remain in the dark with the termination of peace
talks under the current administration.
In every peace process, there are peace consultants that represent the parties
involved in order to properly discuss and resolve issues. They serve as key
links in the negotiations as they represent their parties while making
sure that the genuine interests of the people are considered. They are
responsible in bringing forth grassroots sectors’ demands and hammering
out agreements for necessary reforms. Under the JASIG, signed in 1995,
peace consultants should have immunity and protection and should not
be subject to harassments and arrest. However, the Duterte administration
continues to harass, arrest and even kill peace consultants of the NDFP as
the administration aims to weaken and halt armed struggle without systemic
changes in the economy and politics.
2 Abs-cbn news. Duterte announces ‘permanent termination’ of peace talks with Reds. https://news.abs-
cbn.com/news/03/21/19/duterte-announces-permanent-termination-of-peace-talks-with-reds
Repression & Impunity: Continuing Attacks on People’s Rights in the Philippines 83
“Kill them. Destroy them.”This statement was blurted out by Duterte in his
speech in Mindanao to encourage the soldiers to intensify the operations
against whomever it deems as “terrorists” in the country. He gave them
the assurance that the government has their backs in such operations,
and encouraged state armed forces to neither stop nor surrender in the
encounters.3 Under Duterte, the Philippine government also continued
moves to brand communist fighters as “terrorists.”
Recently, five peace consultants were arrested with fabricated cases such as
illegal possession of firearms and trumped-up charges. These are Adelberto
Silva, Vicente Ladlad, Rey Claro Casambre, Renante Gamara5 and Rafael
Baylosis. The latter was released in January 2019 as the charge against him
3 Argyll Geducos. Duterte to soldiers: Destroy and kill terrorists. Manila Bulletin. 26 August 2018. https://
news.mb.com.ph/2018/08/26/duterte-to-soldiers-destroy-and-kill-terrorists/
4 Anne Marxze Umil. Karapatan files complaint with UN officials vs military’s red-tagging. Bulatlat. 8
April 2019. https://www.bulatlat.com/2019/04/08/karapatan-files-complaints-to-un-officials-vs-
militarys-red-tagging/
5 Raymund Villanueva. GRP agents arrest NDFP peace consultant Renante Gamara. Bulatlat. 21 March
2019. https://www.bulatlat.com/2019/03/21/grp-agents-arrest-ndfp-peace-consultant-renante-
gamara/
84 Termination of Peace under Duterte’s bloody regime
The task force is to work closely with the local government units and
other agencies to ensure the implementation of the Whole-of-Nation
approach (i.e., making counterinsurgency a coherent policy across the
national government and local governments, also part of the framework
under Benigno Aquino III). In the section 5 of the order, it is stated that
the National Peace Framework shall include a mechanism for localized
peace engagements or negotiations and interventions that is nationally
orchestrated, directed and supervised, while being locally implemented.
Tensions and armed conflict are to be addressed locally in the affected
areas. In the current political context, this means that the government
aims to disperse so-called “peace talks” to different localities, without
considering the prior agreements for negotiations with the NDFP
in a neutral country while targeting the underground movement’s
consolidated organizational strength.
was dropped due to lack of evidence.6 They have been involved in the peace
negotiations in the past and are supposedly covered by the protection of the
Joint Agreement on Safety and Immunity Guarantees.
6 Anne Marxze Umil. Peace consultant released from jail. Bulatlat. 19 January 2019.https://www.bulatlat.
com/2019/01/19/peace-consultant-released-from-jail/
86 Termination of Peace under Duterte’s bloody regime
and political issues in the country but is only focused on crushing the CPP-
NPA-NDFP.
Extreme poverty, exploitation and oppression still exist in the rural areas
where armed conflict is prevalent and active. Landlords in rural areas
continue to exploit farmers, and deny them their right to land. Despite
the abundance of resources in the country, majority of the Filipino people
remain poor, while foreign and domestic elites, landlords, capitalists and
plundering government officials accumulate more and more profits from
the fruits of the population’s labor. Aside from extreme poverty in the rural
areas, people are also denied of basic services and face militarization in their
villages.
References:
14 farmers massacred in Negros Oriental, lawmaker says. Abs-cbn news. 30 March 2019. https://news.abs-
cbn.com/news/03/30/19/14-farmers-massacred-in-negros-oriental-lawmaker-says
Abs-cbn news. Duterte announces 'permanent termination' of peace talks with Reds. https://news.abs-cbn.
com/news/03/21/19/duterte-announces-permanent-termination-of-peace-talks-with-reds
Covero, Lorelei. Peace talks under the Duterte Government: Road to Peace? In State Terror & Tyranny
in the Philippines: US-backed Oplan Kapayapaan & Duterte’s Attack on People’s Rights. 2018. http://
iboninternational.org/sites/ibon/files/resources/StateTerror%26Tyranny_final.pdf
Davao Today. Lumad girls held incommunicado by soldiers tell of horrors in captivity. Bulatlat.com. 10
March 2019. https://www.bulatlat.com/2019/03/10/lumad-girls-held-incommunicado-by-soldiers-
tell-of-horrors-in-captivity/
Executive No. 70, s. 2018. Official Gazette. 4 December 2018. https://www.officialgazette.gov.
ph/2018/12/04/executive-order-no-70-s-2018/
Geducos, Argyll. Duterte to soldiers: Destroy and kill terrorists. Manila Bulletin. 26 August 2018. https://
news.mb.com.ph/2018/08/26/duterte-to-soldiers-destroy-and-kill-terrorists/
Mallari, Delfin Jr. Joma: Corrupt AFP execs earn money from 8,000 fake NPA returnees. Inquirer.net. 28
December 2018. https://newsinfo.inquirer.net/1067337/joma-corrupt-afp-execs-earn-money-from-
8000-fake-npa-returnees
Rene Azue. Phil. Army slammed over ‘fake rebel surrenderees’. Panay News. 13 August 2018. https://www.
panaynews.net/phil-army-slammed-over-fake-rebel-surrenderees/
Umil, Anne Marxze. Karapatan files complaint with UN officials vs military’s red-tagging. Bulatlat. 8April
2019. https://www.bulatlat.com/2019/04/08/karapatan-files-complaints-to-un-officials-vs-militarys-
red-tagging/
Umil, Anne Marxze. Peace consultant released from jail. Bulatlat. 19 January 2019. https://www.bulatlat.
com/2019/01/19/peace-consultant-released-from-jail/
Villanueva, Raymund. GRP agents arrest NDFP peace consultant Renante Gamara. Bulatlat. 21 March
2019. https://www.bulatlat.com/2019/03/21/grp-agents-arrest-ndfp-peace-consultant-renante-
gamara/
88 Termination of Peace under Duterte’s bloody regime
RANDY MALAYAO
A WARRIOR FOR A JUST AND LASTING PEACE
When activist Randy Malayao was asked what he would feel if he could not
live to see and witness “lasting peace”, his response was “Alam mo, hindi na
mahalaga 'yon. Basta ‘yun ‘yong kailangan kasi ng bayan natin. ‘Yung panahon
ko, lilipas ‘yan. ‘Yung ‘just and lasting peace,’ hindi. Lasting peace nga eh ‘di ba?"
(You know, that’s no longer important. It’s what our nation really needs. My
time will pass, but “just and lasting peace” won’t. That’s why it’s called lasting
peace, right?).
His words above sadly came true early morning of January 30, 2019 as the
49-year-old activist was shot defenseless defenseless, asleep inside a bus on his
way to his hometown in Isabela in northern Philippines.
Randy dedicated most of his life fighting for the people and ultimately, for a just
and lasting peace.
Born in the province of Isabela, Randy Felix Malayao is the youngest in the
family. Even in his younger years, Randy was already a consistent achiever,
graduating elementary school as valedictorian and completing his secondary
education in a science high school.
He initially went to University of the Philippines (UP) in Diliman for college but
later transferred to UP Visayas-Miag-Ao to pursue a degree in fisheries which
he finished in 1992.
Randy was many things in college: he was a member of the Beta Sigma
Fraternity; the founding Chairperson of the League of Filipino Students UP-
Miag-Ao Chapter; and the Chief Editor of the official student publication, Ang
Mangingisda. He also served as the Vice-President of the College Editors’ Guild
of the Philippines (CEGP) in Visayas and while on the post, he was able to
revive inactive school publications in Visayas and launch information campaigns
on social issues.
He then left Visayas in 1994 to work as a full time CEGP national office staff in
Manila.
Threats he faced
Randy was wrongfully accused with the murder of Rodolfo Aguinaldo and
two other individuals; and on May 15, 2008 while on his way home, he was
abducted by members of the Intelligence Service of the Armed Forces of the
Philippines and reportedly sent a text message to a relative saying that someone
was following him before his disappearance.
He suffered from both physical and psychological torture in the hands of his
abductors while blindfolded for four days. Despite the pain and fear he was
facing at that moment, he still stood his ground and refused to tell lies just so
he can save himself. Randy’s words to his tormentors were, “Pipiliin ko na lang
na hukayin ang sarili kong libingan. Kilala ninyo ako. ‘Yung mga nalalaman ko,
dadalhin ko na lang sa hukay” (I would rather dig my own grave. You already
know me. The things I know, I will take to my grave).2
1 Dullana, Raymond. (2019, February 02). Murdered activist Randy Malayao yearned for lasting peace.
Retrieved from https://www.rappler.com/newsbreak/profiles/222419-profile-randy-malayao
2 Ibid.
3 Ibid.
90 Termination of Peace under Duterte’s bloody regime
After he resurfaced, he was initially detained in the Tuguegarao City Jail for
the alleged murder of Aguinaldo but was acquitted in mid-2010 due to lack
of evidence. He, however, faced another trumped-up murder charge and
was transferred to the Ilagan District Jail. He was later granted bail for lack of
evidence.
His time in prison did not stop him from serving the people. He was more
than just an inmate; he was a brother to fellow prisoners, a teacher conducting
literacy programs, an organizer of medical missions and sports, and even a
paralegal, among others.4
As a matter of fact, Randy was elected by his fellow inmates as prison governor
in both Tuguegarao and Ilagan jails. Randy even built a small library and made
newspapers available for the inmates.
Even Randy himself knew that his time in prison was not for nothing as he
himself said, “Even under detention, I bloomed.”
Days after he resurfaced in 2008, the National Democratic Front (NDF) of the
Philippines Negotiation Panel formally declared Randy as their consultant to
the peace process with the Government of the Philippines and thus should be
free from arrest and torture under the Joint Agreement on Safety and Immunity
Guarantees of 1995.5
Before his death, Randy was active in participating in the formal peace
negotiations between the NDF and the Philippine government under the Duterte
administration.6 He did not only spend his time as NDF peace consultant in
the Philippines but also went overseas for consultations and education. He
participated in the peace talks in Europe and had been a spokesperson during
the formal negotiations.7
The people behind his cowardly killing are wrong when they thought that his
death will stop his fight for the marginalized and oppressed. Randy Malayao’s
contribution to the revolutionary movement and NDF peace efforts will never
be forgotten and will still bloom.
4 Villanueva, Raymund. (2019, January 30). Randy Malayao: Campus Journalist and ‘fisher of men’.
Retrieved from https://www.bulatlat.com/2019/01/30/randy-malayao-campus-journalist-and-fisher-
of-men/
5 Ibid.
6 Ibid.
7 Ibid.
ANNEXES
Annexes 93
“Given the scale and seriousness of the reported human rights violations we
call on the Human Rights Council to establish an independent investigation
into the human rights violations in the Philippines,” said the independent
experts, referring to the body made up of 47 UN Member States elected
by the UN General Assembly.
“We are extremely concerned over the high number of killings which
are being carried out across the country in an apparent climate of official,
institutional impunity.
“In the past three years, we have repeatedly brought to the attention of the
Government cases alleging a range of gross human rights violations, such
as extrajudicial, summary or arbitrary executions, including of children,
persons with disabilities, indigenous peoples, trade union and land right
activists. Those cases also included allegations of arbitrary detention, torture
or inhuman or degrading treatment, gender-based violence against women
human rights defenders, attacks against the independence of judges and
lawyers, freedoms of expression and of assembly, as well as people’s right to
94 Annexes
food and health. Sadly these cases are just the tip of the iceberg with many
more cases being reported regularly.
“It is time for the Human Rights Council to take action against these
sustained attacks on human rights defenders and independent watchdog
institutions,” the experts said.
They stressed that, in many incidents the alleged perpetrators of killings are
members of the armed forces, paramilitary groups or individuals linked to
them.
“The Government has shown no indication that they will step up to fulfil
their obligation to conduct prompt and full investigations into these cases,
and to hold perpetrators accountable in order to do justice for victims and
to prevent reoccurrence of violations. There are now thousands of grieving
families in the Philippines. We call on the international community to do
everything possible to ensure there will be no more.”
The experts also expressed serious concerns about the decision of the
Philippines to withdraw from the International Criminal Court. “This is
the last of many actions demonstrating that the Government is seeking
to evade scrutiny and reject accountability,” they said, noting repeated
personalised attacks on independent international actors and undermining
their credibility.
ENDS
The Special Rapporteurs and Working Groups are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general
name of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of the world.
Special Procedures’ experts work on a voluntary basis; they are not UN staff and
do not receive a salary for their work.They are independent from any government or
organization and serve in their individual capacity.
98 Annexes
Both the former and current High Commissioners for Human Rights have
repeatedly raised concerns about the increase in violence and impunity in
the Philippines. This Council session, High Commissioner Bachelet noted
the extraordinarily high number of reported deaths and persistent reports
of extrajudicial killings in the context of campaigns against drug use.
In the past three years, Special Procedure mandate holders have issued
thirty-three statements on the Philippines. Thirty-three.
Indeed, concerns have been so serious that both the Executive Director of
the UN Office on Drugs and Crime and the UN Secretary-General have
condemned the apparent endorsement of extrajudicial killings of suspected
drug dealers in the Philippines.
Annexes 99
Mr. President,
We have engaged with the Philippines bilaterally over the past two years at
Ministerial, Ambassadorial, Deputy and Expert level on this issue and we
have remained open to constructive engagement and dialogue throughout.
Mr. President,
As a new member of the Council last year, Iceland pledged to address human
rights concerns on their merits, applying objective criteria in determining
if a situation warrants Council action in a non-politicized, non-selective
and objective manner. We have put forward a balanced text with a very
modest ask – simply requesting the High Commissioner to prepare a report
for discussion by June next year.
FORTY-FIRST SESSION
24 JUNE–12 JULY 2019
AGENDA ITEM 2
Bearing in mind that, since the campaign against illegal drugs was announced
in the Philippines in mid-2016, there have been allegations of the killing
of thousands of people allegedly involved in the drug trade and drug use,
Emphasizing that the right to life must be respected and protected by all
law enforcement agencies in their efforts to address drug-related crimes,
and that allegations of drug-trafficking offences should be judged in a court
of law that adheres to internationally recognized fair trial and due process
norms and standards,
The resolution filed by Iceland was adopted at the UNHRC 41st regular
session in Geneva, Switzerland on July 11, 2019.
The resolution "urges the government of the Philippines to take all necessary
measures to prevent extrajudicial killings and enforced disappearances, to
carry out impartial investigations and to hold perpetrators accountable in
accordance with international norms and standards including those on due
process and the rule of law."
104 Annexes
It also urges the Philippine government to cooperate with the Office of the
High Commissioner and the mechanisms of the Human Rights Council,
including by facilitating country visits and preventing and refraining from
all acts of intimidation or retaliation.
This decision has been reached after years of crucial work by rights
defenders and people’s organisations in documenting cases of blatant rights
violations, and in clamouring for accountability and justice in national and
international platforms. We therefore welcome the decision as an initial
step toward internal accountability of state actors to the people, from the
top decision-makers of the country’s “anti-drug” campaigns and of the
militarist “internal security” policy against rights defenders and activists.
People’s organisations, civil society and victims’ kin must nevertheless remain
vigilant, amid possible virulent rhetoric by certain vested interests to nullify
or discredit efforts to obtain accountability. Steady and adamant pressure on
state actors must remain to finally halt, and render justice for, persisting state
violence and impunity in the so-called “war on drugs” and various attacks
against the poor and civilian organisations of land, indigenous and other
rights defenders.
106 Annexes
August 9, 2019
Dear Excellency,
We write to protest in the strongest terms the recent horrific political killings
in the Philippines province of Negros Oriental, in which 15 community
leaders and a lawyer were assassinated. These killings followed closely the
July 11 vote by the UN Human Rights Council to require you to report
on the human rights situation in the Philippines.
This list is compiled from multiple reliable media sources in the Philippines.
On July 23, 2019, 53-year-old lawyer Anthony Trinidad, and his wife Novie
Marie were inside their vehicle when two motorcycle-riding assailants shot
them in Guihulngan City in Negros Oriental. They were travelling from
a court hearing in La Libertad town and going home to San Carlos City.
Trinidad was killed, and his wife was seriously wounded. His name was on
a hit list publicly displayed by the Kawsa Guihulnganon Batok Komunista
(KAGUBAK) militia.
On July 24, rebel returnee Weny Alegre, and Felimino Janayan, president
of United Calango Farmer Association (UCFA) were gunned down in
Zamboanguita town, Negros Oriental, on July 24 by four unidentified men
on two motorcycles.
Annexes 107
• At around 12.55am, Arthur Bayawa, 55, school principal, and his sister
Ardale, a 49-year-old employee of the Department of Education,
were shot dead while asleep inside their home in Barangay Hibaiyo,
Guihulngan City.
• At about 1.40am, armed men forced their way inside the house of
Barangay Captain Romeo Alipan Arbole at Larena, Poblacion Guihulngan
and shot him multiple times.
• In Santa Catalina town, Marlon Ocampo and his 1-year-old son were
shot dead inside their home. His wife and another child were wounded
but survived.
Also on July 27, former Ayungon Mayor Edcel Enardecido and a relative, Leo
Enardecido, were shot dead by armed men at 2.30am.
On July 28, Canlaon city resident, Ananciancino Rosalita, was gunned down
in the public market.
The immediate trigger for this slaughter of civilians was the death of
four police officers in a New People’s Army ambush on July 18, 2019,
at Brgy. Mabato, Ayungon, Negros Oriental. The police officers were
Corporal Relebert Beronio, and Patrolmen Raffy Callao, Roel Cabellon,
and Marquino de Leon. Whatever the merits of this military encounter,
international law insists that civilians cannot be targets of deadly force in
military conflicts.
108 Annexes
This July wave of killings follows a pattern already set. A combined police-
army operation, called Oplan Sauron, first struck on December 27 last year,
when six peasants were killed and fifty arrested at Guihulngan City and two
nearby towns in northern Negros.
• urge the Philippine government to re-start the formal peace talks with
the National Democratic Front of the Philippines, for which the Royal
Norwegian Government is the Third Party Facilitator.
Yours sincerely,
(signed)
Peter Murphy, Chairperson, Global Council,
International Coalition for Human Rights in the Philippines