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By THE CORDILLERA HUMAN RIGHTS ALLIANCE

Oplan Bayanihan: State Terrorism by Deception

A year has passed since the implementation of Pres. Benigno Aquino III’s counter-insurgency (COIN) program Operation Plan Bayanihan (Oplan Solidarity). The US COIN Guide provided the blueprint for this.

The Aquino regime heralded this counter-insurgency policy against the Communist Party of the Philippines as its security sector reform. It claims to have a “paradigm shift” from a former “enemy-centered approach” characterized by heavy military combat operations to a “people centered approach” where civil military operations will be given priority.

According to the Oplan, reform shall be done to protect and respect HR. Oplan Bayanihan (OpBay) is a joint program of the Aquino regime and the United States of America aimed not only to counter the CPP/NPA/NDFP but also to quell peoples’ movement asserting the full enjoyment of human rights.

This year, we witnessed numerous human rights (HR) violations in the Cordillera and elsewhere in the country. Communities and progressive people’s organizations continue to be vilified as terrorists or terrorist fronts, and are attacked as military targets by State Security forces.

Political repression continues. Extrajudicial killings, militarization of communities, filing of trumped-up charges against members and leaders of people’s organizations and other human rights violations continue. The US-Aquino’s OpBay is nothing but a continuation of State terror policies similar to the previous Operation Plan Bantay Laya.

Civil military operations by the military only mask the actual military combat operations of the State security forces. In the current internal State security policy, the Payapa at Masaganang Pamayanan (PAMANA) is allotted a separate budget managed by the AFP to deliver basic social services in coordination with the local government units (LGUs). This is OpBay’s sugarcoat to gain the trust and acceptance of the people.

The strategy of community development under the auspices of the AFP endangers civilians, it strips off otherwise civilian functions from the civil bureaucracy with high probability that development programs will be utilized to achieve non-development objectives.

The AFP troops conduct road repair, paint and repair government structures in villages, hold medical missions and literacy programs. But all these are part of their intelligence operations and are in support to their military combat operations.

It is the responsibility of the State to deliver much needed social services to the people but this should not be coursed through the AFP and integrated in a national internal security policy which vilifies people’s organizations and communities as “enemies of the State”.

These dole-outs in the form of conditional cash transfers and livelihood programs barely scratch the surface of the problem of poverty in the country and only serve to perpetuate the continuous state terrorism against innocent civilians in the Cordillera region.

Here in Cordillera, PAMANA released P35 million to the Cordillera People’s Liberation Army (CPLA) as its partner in creating livelihood projects for its members. The CPLA is a terrorist organization that has committed HR violations against legitimate people’s organizations such as the Cordillera Peoples Alliance. During the Macapagal-Arroyo regime, the CPLA has already been integrated with the Armed Forces of the Philippines. The Aquino regime is reviving remnants of the CPLA, in effect perking up the paramilitary organization that his mother, then President Corazon Aquino, created in 1986.

Worse, the US-Aquino regime issued a directive to the AFP to protect large foreign mining corporations. In October of this year, “President Benigno Aquino III approved a military proposal to allow mining firms to organize and fund militias to beef up their security4”. We strongly criticize and raise serious concerns on this matter as paramilitary groups have been consistently involved in human rights violations.

While viciously implementing OpBay, the Aquino Administration has resumed the Peace Talks with the National Democratic Front of the Philippines (NDFP) and the Moro Islamic Liberation Front (MILF).

These Peace Talks are efforts to end the insurgency through negotiation. Both NDFP and the Government have agreed to complete the Peace Talks in 18 months or by August 2012.

The first year of implementation of OpBay substantiated what it really is: state terrorism by deception. Communities, organizations, civilians suffered from various forms of HR violations associated with continuing militarization, civilian-military operations, persecution and vilification, grave child rights violations, international humanitarian laws and the collective rights to free, prior and informed consent. The incidents outlined in the following report presents an overview of the HRsituation in the Cordillera Region for 2011.

Continuing militarization

During the period from March to May, a number of HR violations were reported in the Sitio Beew, Alangtin, Tubo, Abra. Residents of the community were alarmed of the presence of unidentified elements of the 50th IBPA under the command of a certain Col. Anquillano.

The soldiers set-up a detachment at the dap-ay (indigenous socio-political structure) and barangay hall, and occupied several houses. They also positioned a ground mortar in front of the church. In many instances, they would fire the mortar without reason. The soldiers restricted the movement of the villagers by listing all the names of those who leave the village, place of destination and expected time or date of return.

The soldiers destroyed the community fence that prevented carabaos from going out of the residential area and falling into the ravine and as well as preventing these from wandering into croplands. Consequently, the carabaos destroyed vegetable plots and swidden fields. Several carabaos fell-off the ravine. Carabaos are farm animals vital to agricultural production. The soldiers did not repair the fence.

To facilitate the pursuit operations for alleged NPAs, the soldiers burned the surrounding forests. The community penalized the soldiers for the burning of the forest.

On October 10, during a military operation in Caganayan, Tineg, Abra, State security forces bombed the forests surrounding the area where they were conducting operations against alleged NPAs. The senseless bombing sowed fear among the residents.

Embedding or encampment in communities is deliberate strategy of AFP troops to instill fear among the villagers while using the community as “human shields” from NPA attacks.

It is important to note that the municipality of Tubo, along with Luba and Boliney, in Abra is a site for 26 applications for exploration permit (EXPA) that covers 1,620 hectares. Another mining exploration is underway in Tineg.

Added to the list of communities experiencing brutality from OpBay are communities in Liwon, Ifugao and in Paracelis of Mountain Province and Alfonso Lista and Aguinaldo of Ifugao, collectively referred to as ALAGPA.

Until this reporting, state security forces are using the senior citizen’s hall in Botigue, Paracelis, as their barracks. Elements of the Civil Military Operation (CMO) continue to stay at the house of Botigue Barangay Captain Narciso Balnao.

Denial of humanitarian aid

In October, houses and properties of 10 households in Liwon, Ifugao was destroyed by the mortars and bullets of the AFP. The villagers, who feared for their lives and security, took what was left of their houses and took refuge at Sitio Balococ. They have not yet gone back to their original community. Two elderly men died in the course of the military operation, one died of gunshot wounds, and the other suffered from a heart attack.

The military operation was conducted during the storm Quiel that devastated the province. Adding misery to the situation, delivery of relief goods was delayed by the DSWD because the affected communities were labeled as NPA sympathizers.

Vilification of civilians

Vilification or ‘labeling’, ‘red-baiting’, ‘smear campaign’, ‘guilt by association’, ‘malicious misrepresentation’ with the aim to discredit an individual or organization’s credibility has always been a concern of the progressive people’s movement. Vilification is a direct attack against members of people’s organizations critical of government policies by characterizing these individuals as “terrorists”, common criminals and anti-peace and development. It is perpetrated by the state or private elements acting in behalf of the state to negate the legitimacy of a political cause. Its end-goal is to quell people’s resistance and perpetuate the status quo by limiting and silencing those vilified.

There have been a number of alarming cases of vilification against civilians perpetrated by military forces in the region. Vilification is integral to OpBay as a strategy to harass and threaten civilians and communities tagged as NPA supporters as well as to suppress political dissent.

On February 26, 2011, a platoon of soldiers belonging to the 86th Infantry Batallion based in Barangay Antipolo, Asipulo, Ifugao were ambushed by alleged members of the NPA in Sitio Maloy, Cawayan, Asipulo. On March 15, 2011, the AFP filed a complaint against Mildred Salang-ey, 19 years old, a student of Mt. Province State Polytechnic College, and a member of League of Progressive Students (LPS), as one of the members of the NPA who staged the ambush.

Salang-ey was accused of murder, frustrated murder and attempted murder pending preliminary investigation by the Office of the Provincial Prosecutor of Ifugao. Salang-ey and her organization is advocating for the right to education for indigenous youth.

During the months of June to November 2011, three students from the Ifugao State University who are beneficiaries of the scholarship of Kabataan Partylist (KPL), were harassed and vilified by certain intelligence agents of the AFP.

These scholars continuously receive threatening text messages from the State security forces and were told personally that their “studying is futile because they joined the KPL [and that] they are blacklisted from getting a job when they pass their board exams.”

Also, in Kalinga, two scholars of Gabriela Womens Party and KPL were harassed by unidentified intelligence elements simply because of being scholars of the partylists.

In July 2011, members of the Community Health, Education, Services and Training in the Cordillera Region (CHESTCORE) received threatening text messages from unidentified intelligence operative of the military. CHESTCORE, whose primary objective was to provide basic health services to far-flung communities in the region, has also been the under perennial threat from State security forces.

The increasing cases of threat, harassment and intimidation of civilians are alarming. Combat operations in the communities to “clear” these of alleged members of NPA led to countless cases of vilification of civilians as “NPA supporters and sympathizers.” It can be recalled from the report on the case of human rights in the Philippines prepared by UN Special Rapporteur Philip Alston that one of the two causes of extrajudicial killings is vilification.

AFP as the violator of the HR of Children

Not even children and children facilities are spared from OpBay. Some of the documented cases and reports on the conduct of the AFP in communities constitute violations under the United Nations’ six (6) Grave Child Rights Violations against Children in Situations of Armed Conflict as verified by a team from the UNICEF.

1. Most rampant of the cases in the region are the encampments on schools and health facilities. The AFP continues to unlawfully use schools, day care centers, barangay health facilities, and barangay centers used as educational and health facilities as barracks. Such encampments endanger these institutions and civilians.

Under Republic Act 7610 (Special Protection of Children against Child Abuse, Exploitation and Discrimination) schools and health facilities should not be used as military depots, barracks, detachment and command posts. This is also enshrined in the Comprehensive Agreement on the Respect for Human Rights and International Humanitarian Law (CARHRIHL).

Certain cases of use of schools for military purposes were verified by the Human Rights Watch. According to a press release issued by the New York-based organization, educators stated “that the presence of troops in their schools distracted students from their studies and created an inappropriate environment for children by bringing weapons, alcohol, and pornography into school grounds.”

Parents, teachers and community leaders have raised their concern on this matter. They have expressed their fear over children having easy access to high powered firearms that soldiers leave around and conditions that might further violate the rights of the children.

As part of OpBay, the AFP even conducts civic operations such as haircutting, medical missions and construction and repair of facilities in the community to gain support and approval from regarding their unlawful use of schools and health facilities and encampment in villages.

In Sadanga, Mountain Province, the 54th IB constructed a health center inside the school compound, repaired the schoolhouse and took on the task of “securing” the school to legitimize their unlawful use of the school. The said services can be and must be delivered by other government institutions and line agencies without sacrificing the best interest of the children and the protective environment they must grow up in.

2. In Mainit, Mountain Province, 2 minors with their 2 companions aged 19 and 18 were physical assaulted by troops of the 54th IB last January. After they were beaten up by soldiers, they were forced to go to the house of the barangay captain. One of them was even forced to walk at gunpoint. They were asked about who they were, where they were from and what they were doing in the community. They were members of the Youth Environment in Schools and Sangguniang Kabataan who just finished cleaning their community and went to Mainit to take a bath with their friends from that barangay.

3. In Abra, members of the 41st IB encamped in villages and used children to get information on members and leaders of progressive people’s organizations. They befriend small children and use their literacy program under OpBay to get information on the parents of children. In the process of teaching the children how to write, they ask children to write information about their parents or relatives who are vocal against government policies and the encampment of the military in their village. They also conduct “leadership trainings” for teenagers who later become involved in the AFP’s surveillance work on the leaders in the community. These have resulted to cases of threat/harassment/intimidation of members and leaders of progressive people’s organizations.

Violation of IHL

Under the UN International Humanitarian Laws, parties involved in the armed conflict are obliged to protect the human rights and welfare of wounded combatants as well as provide decent burial of those killed. In the recent encounter between the AFP and NPA in Tineg, Abra where 8 members of the NPAs were killed, evidence showed that the AFP “over-killed” already dead NPA combatants with strong evidence that a number of the NPAs were wounded and could have survived, had they not been deliberately killed by the AFP elements.

Violation of the FPIC

The Indigenous Peoples Rights Act requires interested parties in the exploration, development and utilization of resources of indigenous peoples to secure the Free, Prior and Informed Consent (FPIC) of affected communities. However, the FPIC requirement is among the most violated collective rights of indigenous peoples. Such is the case of the application for mining in Bakun, Benguet in the Cordillera. Australian mining company Royalco Philippines Inc. was granted a mining exploration permit for more than 5,400-hectares covering Kankana-ey ancestral territories after the National Commission on Indigenous Peoples (NCIP) granted certificate of compliance to the FPIC. Several occasions of congressional investigations, legislative inquiries and a congressional on-site hearing convened by the Cong. Teodoro Baguilat Jr., in response to broad and sustained opposition from the community concluded that the FPIC process was flawed. First, there was overwhelming rejection to the mining exploration in the first FPIC meeting conducted by NCIP. Also, in several resolutions and petitions of the Bakun Aywanan people’s organization, submitted to NCIP and Royalco as collective decision of ‘no consent.’ But none of these were recognized as decision-making process. Thereafter, the NCIP repeated the FPIC process, this time dividing the affected communities to three separate processes, effectively weakening the community’s collective decision. Reportedly, Royalco, through the facilitation of NCIP, forged Memorandum of Agreement with selected tribal leaders, in violation of indigenous decision-making processes.

During the FPIC processes, AFP troops were deployed in Gambang, the community most affected by the mining exploration.

Similar incidents are happening in the numerous applications for mining in the entire region and its adjacent provinces. The FPIC processes are conducted through subtle bribery, manipulation and at worst, through coercion by direct involvement of AFP troops.

State reaction to HRVs

Despite facts on cases of HR violations, the State and the AFP still claim that it upholds its commitment to HR. This denial allows the culture of impunity to thrive.

On the 1000th day of disappearance of James Balao, his family, friends, and colleagues sent thousands of postcards to PNoy in Malacañang to urge the administration to surface him. Friends from overseas also sent their postcards. There was no response from the Aquino administration.

The culture of impunity becomes even worse when mechanisms and institutions within the State that should check the government’s fulfillment of its human rights commitments do not implement their mandate.

Of note is the action of the Commission on Human Rights-Cordillera Administrative Region in their decision to dismiss the case of the health workers of CHESTCORE as cases of HR violations. The CHR’s mandate as an independent and a quasi-judicial body is to investigate cases of human rights violations, provide recommendations to address these violations and assist the victims. The 9 CHESTCORE cases filed with the CHR were treated similar to criminal cases defined in the revised penal code, instead of addressing the cases as HR violations. They were dismissed due to lack of evidence on who the actual perpetrators were. The cases were considered as unjust vexation undermining the political motive behind the incidents that threatened the lives, security of the CHESTCORE staff and provision of health services to the people of the institution. There were no recommendations provided or any mention of assistance to CHESTCORE. And worst, in the decision, CHR made reference on why CHESTCORE is providing services to NPA areas.

Impunity only paves the way to further repression which the people should not allow.

Challenges

Of serious concern is the apparent complacency of communities and victims on the violations of their HR. HR violations have become a matter of course in the conduct of counter-insurgency operations. For the AFP, HR violations are viewed as “collateral damage” or “natural course of the game” in counter-insurgency. For the communities and victims, HR violations have become perceived as facts of life. There is a prevailing mindset that nothing substantial can be done to improve the human rights situation. Impunity has become entrenched in our society. This is the challenge that the society has to address: we need to assert our HR to its fullest extent. More intensive HR education for communities must be done for them to understand their HR and act collectively to assert their rights and access justice when these are violated.

Resist State Terrorism!
Stop Vilification!
Dismantle CPLA, other paramilitary groups, and private armed groups!
Stop the Militarization of the countryside!
End Political Persecution and Vilification!
Resist Operation Plan Bayanihan!
Pursue the genuine path to peace! # nordis.net