Real Face Final
Real Face Final
REAL
FACE OF
TERROR
Unmasking Duterte’s Martial Law in Mindanao
Report of the International Fact Finding Mission in Mindanao
Copyright © 2018
Kilusang Magbubukid ng Pilipinas
ISBN
Published by Kilusang Magbubukid ng Pilipinas
Project 6, Quezon City, 1103
Philippines
kilusangmagbubukidngpilipinas.com
+63 2 460.9012
kmp@kilusangmagbubukid.org
2
TABLE OF CONTENTS
1 The Real Face Of Martial Law In Mindanao
5 At Ground Level: A Dirty And Brutal War Vs. Farmers In Mindanao
9 KARAPATAN Condemns Threats and Harassment Against FFM
11 Report By The IFFSM Northern Mindanao Region Team
12 Background
14 Conduct Of The Mission
15 Highlight Cases
16 Summary of Findings
18 Conclusions
21 Report By The IFFSM Southern Mindanao Region Team
22 Background
23 Highlight Cases
24 Conduct Of The Mission
26 Summary of Findings
31 Conclusions
33 Report By The IFFSM Caraga Team
34 Background
35 Highlight Cases
36 Conduct Of The Mission
38 Summary of Findings
42 Conclusions
45 Message of Sister Patricia Fox To All Political Prisoners
46 Women And Children As Victims Of Martial Law In Mindanao
49 The Wholesale Sell-Out And Plunder Of Mindanao Under Duterte
53 Mindanawon’s Resistance To Martial Law
57 Conclusions and Recommendationns of the International Fact Finding
and Solidarity Mission
61 Acknowledgements
62 List of Participants
iii
GLOSSARY
4Ps Pantawid Pamilyang Pilipino Program (Poverty Allevation Program for Filipino Families)
AFP Armed Forces of the Philippines
ARB/s agrarian reform beneficiaries
ASLPC Apo Sandawa Lumadnong Panaghiusa sa Cotabato
AVA/s Agribusiness Venture Agreements
BFA Balete Farmers Association
BJMP Bureau of Jail Management and Penology
Brgy barangay (village)
CAFGU Civilian Auxiliary Force Geographical Unit (paramilitary)
CARP Comprehensive Agrarian Reform Program
CFA Compostela Farmers Association
CIDG Criminal Investigation and Detection Group
CLOA Certificate of Land Ownership Award
CMO civil military operations
Cong congressman
DAR Department of Agrarian Reform
FGD focus group discussion
HRV human rights violations
HPG highway patrol group
IACLA Inter-Agency Committee on Legal Action
IARD illegal arrest and detention
IFFSM International Fact-Finding and Solidarity Mission
IFI Iglesia Filipina Independiente (Philippine Independent Church)
IFMA Integrated Forest Management Agreement
IB/PA infantry battalion, Philippine Army
IP/s indigenous peoples
ISIS Islamic State of Iraq and Syria / Daesh
KAMASS Kahupunongan są mga Mag-uuma są Surigao del Sur
KMP Kilusang Magbubukid ng Pilipinas (Peasant Movement of the Philippines)
LFC Lapanday Foods Corporation
MASIPAG Magsasaka at Siyentipiko para sa Pag-unlad ng Agrikultura
NARBAI Nagkahiusang Agrarian Reform Beneficiaries Association, Inc.
NAMASUR Nagkahiusang Mag-uuma sa Agusan del Sur
iv
NAMASUN Nagkahiusang Mag-uuma sa Surigao del Norte
NGP National Greening Program
NDFP National Democratic Front of the Philippines
NMR Northern Mindanao Region
NPA New People’s Army
OR-CR Official Receipt of Certificate of Registration (for vehicles)
MARBAI Madaum ARB Association, Inc
MISFI Mindanao Interfaith Services Foundation Incorporated
PNP Philippine National Police
PP/s political prisoners
Rep/s representative, congressman
RMP Rural Missionaries of the Philippines
SCAA Special Civilian Armed Forces Geographical Unit Active Auxilliary
SENTRA Sentro para sa Tunay na Reporma sa Lupa (Center for Genuine Land Reform)
SMR Southern Mindanao Region
STTILC Salugpongan Ta Tanu Igkanugon Community Learning Center
SVD Society of the Divine Word
SWAT Special Weapons and Tactics
TAPCEN Tubay Agricultural Processing Center
TICULPA Tinnananon Culamanon Lumadnong Panaghiusa (Indigenous People’s Unity)
THI threat, harassment, intimidation
UMA Unyon ng mga Manggagawa sa Agrikultura (Union of Agricultural Workers)
UMAN Unyon sa Mag-uuma sa Agusan del Norte
US United States of America
v
The Real Face
of Martial Law
in Mindanao
1
IT HAS BEEN a year since Martial Law was imposed in Mindanao. The government claims it was enforced to help the
military contain and eradicate alleged ISIS-affiliated armed groups in Marawi, the only Islamic City in the Philippines.
It’s been seven months since the so-called liberation of Marawi was declared by the government, and consequently, five
months after the ISIS’s military defeat in the Middle East. In the aftermath, we see Marawi in total ruins — millions-
worth of bombed structures and destroyed properties, hundreds of thousands of displaced lives, hundreds of civilian
fatalities, and unverified “terrorist” corpses. Despite this, Martial Law in the whole of this southern Philippine island
persists. What kind of threat does the government really trying to contain and eradicate in Mindanao?
President Rodrigo Duterte’s Cerberean security cluster — and videotaped by suspected intelligence agents, and tailed
headed by Defense Secretary Delfin Lorenzana, National by unmarked vehicles. Their movements were blatantly
Security Adviser Hermogenes Esperon, and former restricted by state forces through the use of military
Armed Forces of the Philippines (AFP) Chief of Staff checkpoints, road blocks and delaying tactics.
Eduardo Año — has virtually repeated the frantic vow of
all previous administrations; they now aim to effectively Among the delegates of the mission was Sister Patricia
end all armed resistance in the region. They all say they Fox, the 71-year old Australian missionary now under
want “unlimited peace” in Mindanao. threat of deportation after being singled-out by no less
than President Duterte. Many wonder what threat a
However, reports of military abuses from peasant septuagenarian nun can actually constitute, especially
communities have increased since. Stories of human with her stellar missionary work, living with the Filipino
rights violations have poured in without let-up — of rural poor for the past 27 years. While the administration’s
farmers being massacred in rice fields, of whole villages official narrative accuses the nun of “foreign intervention,”
townspeople forced to surrender as New People’s Army her lawyers are quick to point out that the timing of legal
(NPA) fighters, of land reform advocates assassinated, proceedings against her suggests a connection with this
of community leaders abducted or disappeared. The report of the IFFSM’s findings and recommendations.
“unlimited peace” promised has, following Duterte’s many Sister Fox was unlawfully arrested and detained by
loudmouth declarations, resulted in the “unlimited peace immigration officials just days after the mission.
of the dead” or endless killings, violence, and widespread
terror. If Martial Law is clean and justified, as Duterte insists,
why suppress reports coming out of Mindanao? The
These are the reports that hundreds of international, regime’s actions towards Sister Fox and other mission
national, and local delegates of the International Fact- delegates seem to be that of a guilty criminal wanting to
Finding and Solidarity Mission (IFFSM) 2018 aimed silence witnesses and cover up heinous acts.
to independently investigate. Representing over 50
organizations from seven countries, they dispersed in Does Duterte want the truth suppressed? The IFFSM
the Northern Mindanao Region (NMR), Southern confirmed the increase in frequency, scope, and intensity
Mindanao Region (SMR), and Caraga region, hearing of human rights violations (HRVs) under Martial Law
from the victims themselves, the survivors and relatives. in Mindanao. The mission documented 428 individuals
coerced to surrender as NPAs in SMR, a 350% increase
Indicatively, the mission delegates themselves fell victims in peasant killings in Caraga, and 313 individual victims
to harassment and intimidation. All teams were greeted of various HRVs in NMR since January 2018. These
with threatening and even hostile banners, photographed numbers clearly show the spike in attacks that farmers
endure under Martial Law.
2
Not only have the abuses increased in number, they have the valiant fighting spirit of the people of Mindanao.
also become more despicable. Aaron Notarte from Agusan Martial Law in 1972 ultimately gave rise to the people’s
del Sur, for instance, had his fingers mutilated before resistance against tyranny in 1986. Today, Martial Law
being shot to death. He was later reported by the AFP as in Mindanao has led to the strengthening of the peasant
an NPA rebel killed in combat. In at least three barangays struggle and people’s movement. In all regions, bungkalan
in Compostela Valley, residents have been rounded up land cultivation and occupation campaigns persist and
and forced to surrender en masse as rebels. expand — peasants militantly assert their right to land.
Protest actions against Martial Law, militarization, and
New sinister ploys have also emerged. The cash reward anti-people “development” projects abound in cities and
system for rebel surrenderees of Duterte’s Oplan town centers. There is compelling reason for the public to
Kapayapaan counterinsurgency program is exposed as a support the peasants and the people of Mindanao in the
lucrative racketeering scheme. Soldiers, policemen, public defense of their basic rights.
lawyers, prosecutors, and judges are allegedly collaborating
to extort money from innocent farmers who are coerced Ultimately, Duterte’s Martial Law is bound to succumb to
to surrender or charged with trumped-up cases. Photos the people’s rising unity against tyranny.
of community leaders and activists are also put up in
military check points, demonized as terrorists. In many
communities, farmers are required by soldiers to sign in
log books before being allowed to work their farms.
Behind these attacks lie hidden economic interests. In
all regions, farmers lament that the reason why they are
being gunned down, ejected, and harassed is to make
way for huge projects between private companies and the
government, or for businesses of oligarchs. Destructive
large-scale mining, for-export monocrop plantations,
and billions-worth of infrastructure projects like dams
cloud over vast agricultural lands tilled by generations
of poor peasants and indigenous people. Martial Law
has permitted foreign and local exploiters to plunder
Mindanao by authorizing vicious attacks against the
toiling peoples of the island.
This is the real face of Martial Law in Mindanao:
blood-drenched fields, deserted peasant and ancestral
communities, traumatized women and children. State
forces, paramilitary groups, and private goons are
operating with bloodied hands for foreign corporations,
and local oligarchs to pocket bigger superprofits.
Though fear and terror characterize the intent behind
state actions, the mission was able to have a glimpse of
3
4
At Ground Level
A “dirty and brutal war” vs. farmers in Mindanao
by Satur C. Ocampo
5
IN THE RECENT news have been reports from Mindanao about the mass surrender of New People’s Army fighters, some of
them to President Duterte himself — who even promised to send some of them to Hong Kong on a shopping trip as
part of their reward.
But it turns out that this may be “fake news,” as an interviewed the victims or their relatives. I was with the
international fact-finding mission discovered earlier this group that went to Caraga.
month: the so-called surrenderees are not armed rebels,
and all this hype is part of the Duterte government’s “dirty The IFFSM found that “[a] dubious campaign of
and brutal war” against communities of farmers and forced surrender of thousands of people, mostly poor
indigenous peoples aimed at “instilling fear and terror and communities of farmers, deceives the general public” into
silencing their long struggle for land, rights, and justice.” believing that state security forces are “winning the war
against the NPA.” But on the ground, it adds, “the reality
Under Martial Law extended till the end of 2018 in the paints a bleak picture of farmers who are not simply
whole of Mindanao, extrajudicial killings (EJKs) have displaced from the land they till, but are also herded to
claimed the lives of more than a hundred farmers, many be used and tagged as ‘surrenderees,’ put in detention,
of whom are leaders or members of peasant organizations forced to report daily to military detachments, and live in
engaged in “active campaigns for their right to till, and constant fear and threats to their lives and security.”
against massive landgrabbing and exploitative ventures
of foreign large-scale mining, plantation expansion, and Intently, I listened to testimonies among the 59 victims
energy extraction.” These struggles go hand-in-hand and their relatives who managed to meet with the IFFSM
with the national minorities’ assertion of their right to in Caraga, straining to understand their narratives (in
self-determination, which have either been denied or Bisaya/Cebuano) aided by their body language. Later,
undermined for as long as one can remember. aboard a van on their way home to Surigao, 15 of them
were stopped at a checkpoint. Soldiers directed them to
Other human rights violations including the filing of list down their names and addresses in a logbook, took
trumped-up criminal charges, faked or forced surrender, a photo of each one, and seized the van driver’s license
forced evacuation, and various forms of threat, harassment before they were allowed to go.
and intimidation have also been duly documented.
Overall, the mission found that most of those killed
As they have done through the years, peasant and extrajudicially were engaged in local struggles, resisting
indigenous communities continue to confront the landgrabbing, asserting their right over ancestral lands,
war against them through their collective actions and and campaigning to improve living conditions. Most were
organized resistance. attacked in or near their homes and communities, and
in the presence of family members and neighbors, while
The above conditions sum up the findings of the others were slain in their farms. Masked men in tandem,
International Fact-Finding and Solidarity Mission, some of whom were known to be military “assets,” carried
which I joined on April 6 to 9, 2018. The participants out the attacks. The victims had been tagged or accused by
were human rights advocates from the Philippines, India, AFP soldiers as members or supporters of the NPA.
Indonesia, Bangladesh, Sri Lanka, and Japan.
At the same time, we found that these military campaigns
Three groups — assigned one each to Caraga, Northern are also a money-making and extortion scheme. In
Mindanao, and Southern Mindanao regions — visited Caraga, for instance, our group uncovered a modus
the affected communities, held meetings with them, and operandi that enabled military officers or personnel to
6
access and take the reward money offered by the government for alleged
NPA surrenderees, or to extort money from farmers who had acceded
or succumbed to military pressure to claim they were NPA fighters and
“surrendered” — victimizing the farmers twice.
Civilian agencies and local government units are used as auxiliaries
in combat operations, and in the counterinsurgency drive called
Community Operations for Peace and Development (COPD). Our
group came across such a case in one province. This allegedly involved
a lawyer from the Public Attorney’s Office who had been assigned to
defend a farmer who had been arrested. The PAO lawyer allegedly
demanded a large sum of money from the detainee’s family to facilitate
the dismissal of the trumped-up charge and the farmer’s release.
Two provincial prosecutors, when interviewed by our group’s lawyer
and his paralegal team, revealed the questionable practices of a judge
and certain prosecutors that violate due process. The judge routinely
issued search warrants of doubtful basis and validity, they said, while
the prosecutors hurriedly filed charges in court, simply because the
respondents (who may not have received the court summons) failed to
submit controverting evidence to the spurious charges.
The three-day fact-finding mission was too short as to enable me to
confirm for myself the deeper rationale for this dirty and brutal war
against unarmed farmers and their resistant communities. But past
experience allows us to make our own analysis and conclusion:
Using these violent, repressive measures, the AFP is aiming — via
Oplan Kapayapaan — to defeat the NPA in Mindanao by the end of
2018, even though Defense Secretary Delfin Lorenzana himself says
it’s an unrealistic target. Previous counterinsurgency operational plans
have failed, and successive military leaderships have realized that the
NPA has survived the intensive and extensive attacks by building stable
areas of support among the farming communities. It’s an old refrain:
by waging war on the peasant and IP communities, the AFP is trying
to cut off their sustaining support for the revolutionary forces. The
question is, for whose benefit?
7
Karapatan condemns
threats and harassment
against fact-finding
mission in Mindanao
9
AS THE THREE-DAY International Fact Finding and Solidarity Mission in three regions in Mindanao is concluded today,
Karapatan scored the Armed Forces of the Philippines and the Philippine National Police for the numerous cases of
threats and harassment faced by participants of the said mission.
“Either these are proof of the State forces’ paranoia “Congratulations, AFP, PNP and Malacañang! Your
overdrive or these are clear evidence that the Duterte dirty tricks against human rights defenders and peace
administration has much to hide and cover up in advocates who joined the fact-finding mission have all the
its continuing implementation of Martial Law and more exposed the lies underneath your ‘no human rights
counterinsurgency program Oplan Kapayapaan in violations in Mindanao under Martial Law’ mantra. You
Mindanao,” said Karapatan Secretary General Cristina never fail to prove that the real terrorists are those in
Palabay. uniform and those in power,” she added.
Karapatan also stressed that “the widespread presence of “Unless repressive policies are revoked, any change in the
soldiers in the streets and communities, and suspicious- leadership of the AFP, PNP or DOJ will have no real effect
looking men on motorcycles and vehicles taking pictures in making the human rights situation on the ground any
and intimidating participants brazenly, and the endless better,” Palabay said.
military checkpoints all prove that civilian authority is
severely undermined by the military in the Mindanao.” The said mission was led by the Kilusang Magbubukid ng
Pilipinas, Barug Katungod-Mindanao and the Mindanao
“The Duterte regime is spinning a narrative that military for Civil Liberties. Makabayan legislators led by former
presence is normal and for peace and order. The cases of Rep. Satur Ocampo and Mindanaoans Rep. Ariel Casilao
extrajudicial killings, torture, illegal arrests and detention, and Rep. Carlos Zarate, former Agrarian Reform Secretary
forced and fake surrenders documented by the fact-finding Rafael Mariano, peasant leaders, and rights groups like
mission all show the contrary — there is widespread Karapatan participated in the mission.
unpeace and insecurity precisely because of the presence
and combat operations of the military against civilians, all
of whom they perceive as enemies of the state,” Palabay
commented.
10
Report by the IFFSM
Northern Mindanao Region (NMR) team
11
I. Background
Northern Mindanao Region or Region X is comprised of five provinces: Camiguin, Misamis Oriental, Lanao del Norte,
Bukidnon, and Misamis Occidental. Cagayan de Oro City is the regional center. Its mountainous areas and fertile
plateaus towards the heart of Mindanao island are host vast agricultural plantations of sugarcane, for-export bananas,
pineapple, and other fruits, and is targeted for the expansion of oil palm.
Attacks against peasant and indigenous communities of incidents and victims of human rights violation when
in Mindanao and other parts of the country are seen as Martial Law was declared in the island of Mindanao.
part of government’s counterinsurgency campaign Oplan
Kapayapaan, wherein civilians tagged as members and/or This is particularly true on the number of trumped-up
supporters of armed groups are fair game. charges, illegal arrest and detention, forced evacuation,
and threats, harassment and intimidation against
The intense militarization of Mindanao apparently aims Mindanaoans. The declaration of Martial Law made these
to secure the region for local and foreign businesses, as attacks more often, vicious, and blatant. These numbers
well as clear new areas for more investments, especially and cases belie the constant narrative of the Duterte
in the areas historically defended and controlled by the regime that “there are no human rights violations in
Moro armed resistance movement. Mindanao since Martial Law was declared.”
Under Duterte’s Build, Build, Build! infrastructure These attacks are dealt mostly against members of
program, big-ticket projects in Mindanao will be funded progressive organizations that advance the interests of
by foreign loans from international financial institutions the people. These human rights defenders are faced with
like the Japan International Cooperation Agency (JICA) constant threat from the state armed forces working for
and Asian Development Bank (ADB). The US Agency for the interests of the big landlords and corporations —
International Development (USAID) also continues to the oligarchs that Duterte so famously claim he wants
implement supposed development projects as part of the abolished.
counterinsurgency campaign.
Repression is further intensified in what shows as a
Instead of serving the needs of the people of Mindanao, systematic crackdown against critics of the Duterte regime.
planned infrastructure like roads, bridges, airports, Filing a petition to proscribe the Communist Party of
seaports and railway system are meant to ease the Philippines (CPP) and the New People’s Army (NPA) as
transportation of agricultural and mineral products from terrorists, the Department of Justice has included a fake
large commercial plantations and mining sites in the terror list naming some 600 individuals. Many of the list
region for export to other countries. These projects and are known human rights defenders, activists, members and
investments, mostly by the country’s biggest oligarchs and leaders of sectoral and people’s organizations — a large
landlords and their foreign patrons, will require thousands number of the names coming from Northern Mindanao.
of hectares of farmlands and ancestral lands, and will lead
to the further displacement of millions of farmers and Amid the extension of Martial Law in Mindanao,
indigenous peoples across Mindanao. attacks on the rights of the people for land, justice and
rights, and further injustice perpetuated by the current
In the context of the continuing armed conflict in the administration, the people of Northern Mindanao are
country, human rights violations in NMR continue. resolute to collectively resist all violations to human rights.
Strikingly, however, there is a clear increase on the number
12
Table 1. Human Rights Violations in Northern
Mindanao Region (January to November 2017)
13
II. Conduct of the Mission
Day 1
The NMR team is composed of delegates of national organizations from Manila who arrived in the morning of April 6
in Cagayan de Oro City, and delegates coming from people’s organizations from all over Northern Mindanao. The
Manila and NMR contingent merged in the afternoon of April 6 at the covered court of Brgy. Patpat, Malaybalay City,
the venue of the focus group discussions (FGDs) and interviews for community members coming from Bukidnon and
Misamis Oriental towns.
Some of the victims who were not able to go to Patpat 11:15 a.m., Alae, Manolo Fortich, Bukidnon: The team
for security reasons were met elsewhere by FFM team lead by former Agrarian Reform Secretary Rafael “Ka
members. Others made a courtesy call with the Bukidnon Paeng” Mariano was stopped on their tracks by the PNP
Office of the Governor through Administrator Nestor Highway Patrol Group (HPG) and held up for over 30
Cajes. minutes without explanation. As in the last checkpoints,
the HPG officers asked the driver to show his license and
The NMR team then went to the center of Rural vehicle’s OR-CR. Before being let go, the delegates were
Missionaries of the Philippines (RMP) to spend the night, asked to leave the vehicle and go through quarantine. The
and to discuss and assess the experiences and lessons of same HPG officers also intercepted the local delegates and
Day 1. From there, it was decided that there should be asked them to show a permit to travel before they could
a more organized system of tasks on Day 2 to be able to proceed.
attain the objectives of the IFFSM.
11:55 a.m., Manolo Fortich Central, Bukidnon: The
From Misamis Oriental, Malaybalay City; and delegates were briefly held up by armed special police
Cabanglasan, Bukidnon, stories of human rights forces, at which point the delegates also noticed they were
violations were derived from sources and documented. being tailed by two motorcycle riders.
Local residents reported cases of illegal arrests made
on trumped-up charges, forced surrenders, threats, 12:30 p.m., Impasug-ong, Bukidnon: Both teams were
harassment, and intimidation by state armed forces. held up by the 8th Infantry Battalion of the Philippine
Army (IBPA) and asked to get off their vehicles to show
Challenges going to the Mission Area their IDs. The policemen forbade the delegates from
After being stopped three times from Laguindingan taking photos.
Airport, the mission faced a series of five more checkpoints 12:50 p.m., Dalwangan, Malaybalay, Bukidnon: The
en route to Malaybalay, Bukidnon. Bukidnon Provincial Public Safety Company held up
10:15 a.m., Baloi, Cagayan de Oro: The IFFSM-NMR both teams and demanded that they log their names in.
team led by Amihan Secretary General Cathy Estavillo After being held up eight times from Laguindingan
was held by the Regional Public Safety Battalion. These Airport, the IFFSM-NMR team finally arrived at their
armed personnel asked their driver to show the vehicle’s destination: Brgy. Patpat, Malaybalay, Bukidnon at 1 p.m.
Official Receipt of Certificate of Registration (OR-CR), But it didn’t mean they were already past all checkpoints.
then instructed all passengers to get off the vehicle and to
show their identification cards. They were also told to sign In fact, all three contingents of the IFFSM-NMR team
the Regional Public Safety Battalion logbook. were tailed hereon until they made it to the city proper.
14
(“From morning, noon, until night, the
29th ID goes around the community
forcing us to surrender. I did not go
with them because I am not an NPA.
That night they strafed our house.”)
4:30 p.m., Brgy. Sumpong, Malaybalay City, Bukidnon: and video documentation. Supporting documents were
A small contingent of the IFFSM-NMR team en route to also presented among members of the team, especially for
IFI Church was asked by the Bukidnon Provincial Public cases of trumped-up charges and illegal arrests, and proof
Safety Company to get off their vehicles and show their of cases of threat, harassment and intimidation (THI).
IDs.
Thirty minutes later, the Bukidnon Provincial Public
Safety Company held the team led by ACT Representative
Antonio Tinio. They were asked to show their IDs, and Killing of Aniceto Lopez Jr.
their names were listed down by the police. On January 22, 2018, Aniceto Lopez Jr. was invited by
Day 2 their barangay captain to go fishing at a creek in Brgy.
Paitan, Quezon, Bukidnon. Not being able to catch
On the second day of the IFFSM, the NMR team went any fish, the two went home. Afterwards, Lopez
to Brgy. Butong, Quezon, Bukidnon where they met together with three other farmers — one of them
with a larger contingent of victims and members from a younger brother of the barangay captain — went
drinking at a nearby store in Purok 3, Brgy. Paitan.
other communities. They were welcomed by Brgy. Butong
Kagawad (Councilor) Nero Tan. The three groups that Ernesto “Oto” Balopenios, a known member of the
were initially formed to conduct interviews and FGDs Philippine Marines, then arrived. He ordered drinks
were further divided into smaller teams, one from national and joined the farmers. One of the witnesses to the
offices and one from the region, or more. incident said Balopenios invited Lopez to speak in
private, at short distance from the sari-sari store.
After the data gathering at Brgy. Butong, the mission went Their conversation was inaudible but one witness
to the community of TINDOGA, a Lumad organization said he heard Lopez say, “Wala ko ana nga time,
in the hilly part of the village, for a brief immersion. They sa Cagayan ko (I wasn’t there at that time, I was in
were welcomed by Datu Santiano Anglao Agdahan Jr., Cagayan).” Balopenios shot Lopez then and there.
who shared the local struggle of the farmers and Lumad
in the area. The victim sustained 7 gunshot wounds. Lopez was
a former member of the barangay council and had
Upon coming back to Malaybalay City, the mission been active in various campaigns of farmers and
delegates then converged again to discuss and collate all farmworkers in the region. Prior to his killing, the
data gathered from the two-day interviews and FGDs. victim reportedly received a call from an unknown
Gathered data were processed and consolidated to person who introduced himself as a member of the
Bukidnon police. The said caller ordered Lopez to
establish findings and analysis in this mission report. surrender before January 27, as he was accused of
Aside from writing the interviews and what had transpired being an NPA supporter.
in the FGDs, the mission also gathered data using photo
15
III. Summary of Findings Table 2. Human Rights Violations in Northern
Mindanao Region (January to March 2018)
Documenting the numerous cases of human rights
violations in Northern Mindanao entails simultaneously
accounting for the violations, and speaking to the victims, Type of Number of Number of
and actively responding to incidents of actual violations violation incidents victims
that occur one after another. This reflects the gravity of Extrajudicial 2 2
the continuing violations in the region which targets killings
whole communities, and known leaders and members of
organizations with the direct motive to silence dissent and Frustrated EJK 2 2
organized response to rights violations. Torture 1 1
These continuing violations have attacked the people Illegal arrest 5 6
of Northern Mindanao repeatedly for many years; their and detention
struggle has been part of their long history of struggle Trumped up 1 7
for land, ancestral lands and right to self-determination. charges
Under Martial Law and in the context of Duterte’s fascist Threat, 10 18
attacks, these violations have multiplied and became more harassment and
blatant. These attacks do not simply target individuals who intimidation
are known members of progressive people’s organizations, Coercion 3 18
but also farmer groups and organizations, clans and tribes
(forced
of national minorities and communities.
surrender)
The mission strived to document violations in majority of Illegal search 2 2
the areas of Northern Mindanao, with stress on violations and seizure
that were committed during the first three months of
2018. In general, the team identified the following Strafing 1 4 families
violations present in the region, based on data gathered Forced 2 47 families
during the IFFSM, as shown in this table to the right. evacuation
Documented are two victims of EJK: Aniceto Lopez, Attacks on 1 MISFI Academy
Jr. and Esmeralda Sanquina. There are two victims of schools
frustrated EJK. There is one victim of torture involving a Landgrabbing 1 Tandog,
15-year old minor.
Maramag,
Under Duterte’s Martial Law, forced or fake “mass Bukidnon
surrenders” target whole communities of farmers and
Lumads, whether they are affiliated with people’s affiliated members of the community. Moreover, there
organizations or not. is one case of illegal search and seizure, and one case of
strafing, which victimized five families.
There are five documented cases of illegal arrest and
detention, which includes both organized and non- There are two documented cases of forced evacuation that
involved 47 families from two communities: 7 families in
16
Coercion and vilification of indigenous and again released a new list of names, which
people included one woman. The basis of this list was
that the people of Purok 7A joined rallies.
After weeks of camping in the barangay hall of
Botong, Kalawit, Zamboanga, six soldiers and The accusations generated fear among the
eight CAFGU members, called for a community residents who can no longer freely work in their
meeting in the house of Datu Santiano Adbahan fields, affecting their livelihood. Residents insist
Jr. on March 1, 2018. The armed elements did not that military harassment intensified under Martial
introduce themselves to the residents. Law. Citing that widespread red-tagging happened
The soldiers read a list of names of people who only after its declaration. They also say that
are supposedly members of the NPA. These landlord Pablo Lorenzo must have a hand in this,
names included members of the community, due to the fact that he wants them out of their
among them Nicanor. According to the military, ancestral lands.
the named individuals have only eight days to
surrender, and they must report either to the
barangay hall or to the military detachment. If
they fail to do so, a criminal case would be filed
against them. But if they surrender, they would Trumped-up charges on
be trained as members of the CAFGU and would
receive livelihood project grants for their families. the Cabanglasan 7
The military added that other members of the
Nine members of the Pigyayungaan organization in
community should also surrender for being NPA
Cabanglasan, Bukidnon face trumped-up charges,
supporters. accusing them of involvement in an encounter
between the 8th IBPA and the NPA last year, 2017.
On March 4, 2018, six military operatives and
22 CAFGU members went to the house of Datu “One of the accused is a senior citizen who is no
Santiano and again called for a community longer even able to move fast,” said Datu Jomorito
meeting. They released a new list of people, Goaynon, the chairperson of Kalumbay Regional
Lumad Organization — of which Pigyayungaan, an
including two women, who have supposed ties organization of the Higaonon people, is a member.
to and are members of the NPA, all of whom are “He is already 70 years old, a respected elder in
residents of Purok 7A. The same ultimatum was the community. He and the eight others, however,
given. are firm in their roots in our ancestral domain and
would defend it no matter their age.”
Datu Santiano and the accused individuals,
The charges were made by 8th IBPA Sgt. Ramie Valle,
accompanied by barangay officials, headed to the
Pvt. Alfie Jauculan, and Civilian Active Auxilliary
barangay hall to “clear their names.” They were members Nilo Bongcahan and Estelito Yawan. They
interrogated one-by-one, but the farmers were alleged that the accused were part of the NPA unit
firm that there are no NPAs in the community. that ambushed the 8th IBPA on March 30, 2017 in
Sitio Saluringan, Brgy. Canangaan, Cabanglasan.
On March 6, six members of the military in civilian Valle and Jauculan were both wounded in the said
clothes returned to the house of Datu Santiano firefight.
17
Manalog, Malaybalay City, Bukidnon; and 40 families in The women who were interviewed, and became part
Misamis Oriental. of FGDs described how they are also victimized by the
attacks on the rights of their family members. There are
There is one documented case of attacks on schools, clear economic, as well as psychological effects, on women
involving the newly-established MISFI Academy in San — which were brought about by incidents of threat,
Fernando, Bukidnon. harassment and intimidation, red-tagging and filing of
There is a continuing struggle against landgrabbing in the trumped-up charges against heads of households and other
area of Tandog, Maramag, Bukidnon. family members — but these have yet to documented in
full.
Crackdown on people’s organizations — including the
fake terror list released by the DOJ — threats to people’s The rhetorical and coordinated efforts of the military to
democratic spaces, and curtailment of basic civil and vilify the IFFSM, while there remains no justice to the
political rights are observed and experienced during the victims of abuse by state security forces, speaks of the
IFFM. impunity perpetuated by the Duterte regime and his
armed forces.
IV. Conclusions
Under Martial Law, the Duterte regime’s state security forces are committing grave and blatant violations of the people’s
socio-economic and cultural rights, civil and political rights, and the rights of persons in the midst of armed conflict
in Northern Mindanao. There is blanket repression that target whole rural communities and zero-in on individuals
affiliated to various people’s organization.
Violations of rights of the people of Northern Mindanao, action of communities and victims of rights violations.
especially farmers and national minorities, are committed Desperate acts of the state to silence dissent and
by state forces with the direct motive of silencing their protests will surely be defeated by the people’s organized
struggle for land, ancestral domain and right to self- resistance and assertion of their hard-earned rights.
determination. Military force and deployment in
communities are clearly used to pursue the interests of The long history of persistent struggle of the people of
corporate plantations and other forms of environmental Mindanao, particularly in the Northern Mindanao
plunder. Region, is the best defense of the people against attacks
on their rights for land, ancestral domain, right to self-
The systematic violations against Mindanaoans and the determination and attainment of a just and lasting peace.
Filipino people has to be confronted with collective
18
Delaying tactics. The IFFSM Northern Mindanao leg was stopped in two checkpoints from Malaybalay City on
the way to the mission area in Quezon, Bukidnon. The contingent was also tailed by motorcycle-riding men in
3 vehicles, 2 of which are without plate numbers. Unidentified masked men also took pictures of the delegates
and their vehicles at the checkpoints in Brgy. Aglayan, Malaybalay City and at Brgy. Lumbo in Valencia City. The
uniformed men, members of the Regional Public Safety Battalion, said this is not their “regular” checkpoint
and asked the participants if they were with former DAR Secretary Rafael Mariano. The team had to pass 9
checkpoints from the Laguindingan airport in Misamis Oriental to Cagayan de Oro City and onto the mission area
in Malaybalay City in Bukidnon.
19
Report by the IFFSM
Southern Mindanao Region (SMR) team
21
I. Background
Southern Mindanao Region, otherwise known as the Davao Region or Region XI, is situated at the southeastern portion
of Mindanao. SMR is comprised of five provinces: Compostela Valley, Davao del Norte, Davao del Sur, Davao Oriental,
and Davao Occidental. It consists of vast tracts of fertile land, most of which are monopolized by agribusiness plantations
and large-scale mining ventures. President Rodrigo Duterte, having served as local executive of Davao City for so many
years, has long promised to bring peace to this volatile region and to all of Mindanao.
Mindanao may be touted as a food basket but its producers These schemes largely enjoy the protection of the
— the farmers — are always hungry and deprived of the political elite who are most often the same landlords and
land they till. Over 150,000 hectares (1,500 sq. km.) businessmen with stakes in these agribusiness plantations
are occupied by agribusiness plantations in the Davao and mining companies. The Philippine Congress,
Region. Farmworkers earn as low as Php 120 to Php 200 composed of landed political clans or dynasties, has
($231-3.84) a day. Child labor is rampant, with child principally ensured the maintenance and expansion of
farmworkers aged 10 to 12 receiving a measly Php 40 such exploitative schemes. The neoliberal framework of
($.77) a day. the economy, which has rendered the country’s resources
ripe for foreign plunder at the expense of peasant and
The government’s bogus Comprehensive Agrarian Reform indigenous communities, has worked to maintain the
Program (CARP) signed in 1988 has failed to dismantle conditions of landlessness, exploitation and repression in
land monopoly and redistribute lands in Mindanao. Big Mindanao and elsewhere in the country.
landlords and plantation owners exploit loopholes in the
law to continue their profit-making schemes. In Davao On the ground, people’s resistance has been met with
del Norte, the Lapanday Food Corporation (LFC) misled repression. Compostela and Pantukan, two municipalities
thousands of agrarian reform beneficiaries (ARBs) to sign in Compostela Valley province, figured the highest and
a 10-year Agribusiness Venture Agreement (AVA). For most frequent incidents of rights violations against
over a decade, ARBs suffered losses and debts due to this farmers and indigenous peoples (IPs). The countryside is
lopsided agreement while Lapanday made a fortune from plagued by perpetual military operations. Soldiers have
their backs. become permanent fixtures in farming communities —
always conducting surveys, occupying barangay centers
Large-scale mining operations and explorations have and schools, and patrolling villages.
also contributed to the exploitation of peasant and
indigenous communities. Such ventures have encroached Government has deployed five battalions in Compostela
on indigenous peoples’ ancestral lands, farmer Valley: the 25th IB, 66th IB, 71st IB, 46th IB and
communities and other agricultural areas. The Integrated 60th IB. These units conduct intelligence gathering,
Forest Management Agreement (IFMA) and National harassment and intimidation of the civilian population,
Greening Program (NGP) of the government prioritize and, are implicated in the rampant killing of peasants in
the procurement of high-value timber over sustainable the towns of Laak, Monkayo, Montevista, Compostela,
farming and food security.
22
New Bataan, Maco, Mawab, Pantukan, Maragusan, papers” as New People’s Army (NPA) supporters or
Mabini and Nabunturan. Military deployment is heavier members. Resistance to such scheme resulted in intensified
in Compostela Valley and Davao del Norte, where mining harassment and outright killings.
and agribusiness ventures are concentrated, attesting to
the fact that state security forces are utilized to “secure”
business investments of foreigners and oligarchs.
The imposition of Martial Law in Mindanao on May
23, 2017, on top of the continuing implementation of
Duterte’s counterinsurgency program Oplan Kapayapaan,
intensified rights violations in communities in the
Southern Philippines. “Iron fist” policy has further
enabled state security forces to commit violations and
grave abuses as perpetrators are assured of government
An Invitation to Kill
protection.
On February 2018, media went out with reports
Human rights watchdog Barug Katungod Mindanao has that President Duterte is offering a bounty of Php
already reported 70 cases of political extrajudicial killings 20,000 for every NPA killed by the Lumad. The
(EJKs) in SMR under Duterte, most of which involve amount later increased to Php25,000, which evi-
dently emboldened the Alamara and the military
farmers and indigenous peoples’ defenders. Anti-mining to kill just about anyone they can tag as NPA for
peasant leaders such as Jimmy Saypan of Compostela them to claim the reward. This led to an increase
Farmers Association (CFA) and Teresita Navacilla in in the recruitment of the Alamara.
Pantukan were killed in 2016. Another anti-mining
Cesar Tumbasay — a 19-year old resident of Sitio
leader in Pantukan, Agudo Quillio was killed on March Palisan, Brgy. Filmalil, Talaingod — says that sol-
21, 2018. Most killings occurred in Compostela Valley, diers forcibly entered their house, in the evening
earning the province the glum moniker “Compostela of February 5, 2018. They searched for weapons
Valley of Death.” The people have aptly altered this name but found none. His father was questioned by the
military for NPA whereabouts and was told to dis-
to “Valley of Resistance” to highlight that the attacks close information for a bounty of Php35,000.
levelled against them by the state is due to the people’s
valiant resistance against land grabbing and exploitative Earlier that same day, his father was in Sitio Natu-
linam to buy a ganta of rice. He was apprehended
ventures. by soldiers who threw the rice away and gave
This year, the military launched a series of campaigns him a biscuit in exchange. 6am the next day, the
soldiers called for a community meeting to discuss
similar to “tokhang-style” killings of Duterte’s drug war. their plan to establish a detachment. The commu-
Farmers and lumads, especially activists and community nity evacuated out of fear.
leaders, are profiled and intimidated to sign “surrender
23
II. Conduct of the Mission
Day 1
The SMR mission team arrived in Barangay Madaum, Tagum City on April 6, 2018.
Upon arrival, mission delegates were asked to register and delegates will be organized by the said military unit to
have breakfast. A general orientation was led by the regional intimidate the mission.
formation of the Kilusang Magbubukid ng Pilipinas
(KMP-SMR). Delegates were grouped into four based on The team proceeded to the community at around 10:00
standard categorization of rights violations reported to be a.m. En route to Anibongan, the delegates were stopped
prevalent in peasant communities: (1) EJKs; (2) forced by military elements under Task Force Tagum at a
and fake surrender, and illegal arrest and detention; (3) checkpoint in Purok Durian, Barangay Apokon, Tagum
forcible evacuation, threat, harassment, and intimidation; City. The mission’s negotiating team headed by Cong.
and (4) land rights violations, and violations of economic Ariel Casilao of Anakpawis and Cong. France Castro
rights of agricultural workers. Key informant interviews of Act Teachers Partylist initiated a dialogue with the
(KII) and focus group discussions (FGD) were used to military. After half an hour of negotiation, the mission
gather data and supplement case profiles of rights abuses was allowed to pass.
already reported in these areas. Upon entering Brgy. Anibongan, the group was again
Later in the day, the mission saw a few banners strategically stopped by another team of soldiers, this time by elements
placed in areas leading to the mission site. The banners of the 71st IB in front of Anibongan Elementary School.
read: “OUT IFFSM TEAM! WE WANT PEACE!” This After rounds of negotiation, soldiers allowed the team to
harassment was immediately condemned by mission pass. At the mission site, about 15 individuals, some later
organizers through a press statement. identified to be police elements in civilian clothes, were
seen in front of the Anibongan barangay hall, carrying
In the afternoon, delegates gathered for a forum discussion banners with the following messages: “Out IFFSM, We
on land rights and the plight of ARBs. During the forum, want peace.” The group decided not to engage and instead
initial findings on different HRV categories were also proceeded to the next mission site at the ARB kampuhan
shared. The first day concluded with a solidarity night. (camp-out) in front of the Department of Agrarian
Reform (DAR) office at the Davao del Norte provincial
Day 2 capitol.
Teams had to reconfigure the morning program due to The scheduled courtesy call and dialogue with Compostela
certain developments. A mission team was set to visit Valley Governor Jayvee Tyrone was cancelled due to
Brgy. Anibongan in Maco town, Compostela Valley Tyrone’s absence. The mission arrived and shared lunch
but a report was received by KMP-SMR that military with farmers at the kampuhan of the ARB One Movement
elements under the 71st IB have been operating in the (AOM). After a short orientation, the mission was
said community since April 2. The area coordinator divided into two teams — one will be visiting the political
also received information that a rally against the IFFSM prisoners (PPs) detained at Provincial Rehabilitation
24
Center in Compostela Valley, while the other team will
stay at the camp-out for group discussions.
Forced military conscription of lumad
At around 2:00 p.m., the group arrived at the Bureau of
One of the most compelling reasons for their
Jail Management and Penology (BJMP) for the scheduled evacuation, Datu Bai of the Salugpongan Ta Tanu
jail visit. There are at least 102 political prisoners (PPs) in Igkanugon Community Learning Center (STTILC)
SMR, 42 of them are detained at the said center. Most of explained is the ongoing forced recruitment of
the PPs are farmers and peasant community leaders. The Lumad to the military and to the notorious Ala-
mara paramilitary group responsible for rampant
group met with 27 PPs, and a program was conducted. Lumad killings. In Talaingod, there are already
Representatives from the IFFSM group expressed 280 to 300 “graduate trainees,” following Presi-
messages of solidarity while the PPs shared accounts of dent Duterte’s order to increase enlistment. The
their unlawful arrest, the injustice in their continued recruitment operates through threats — if they
detention, and their resolve to continue their fight for refuse, their families will be delisted from the 4Ps
program. Worse, they may face criminal charges or
genuine agrarian reform and free land distribution to simply killed.
tillers.
A closing program took place at the kampuhan before
proceeding to the Nagkahiusang Agrarian Reform
Beneficiaries Association, Inc. (NARBAI) area for an
Violation of Women’s Rights
integration.
During one FGD, Bai Ombow Tumbasay testified
that she was accused by paramilitary men of
Assault to Livelihood burying arms. Women, she says, are even more
prone to abuse. Bai Ombow cited an instance
Datu Bai cited instances wherein members of wherein a 70-year old woman lumad was forced
Alamara paramilitary would throw out their rice to guide elements of the Alamara around the
harvest after trespassing and barging into their area. She was molested along the way. Bai
gilingan or rice mill. They evacuated without Ombow mentioned that women had been forced
anything but the clothes they were wearing, or paid Php 100 to marry soldiers or to sleep
leaving behind their homes and farm animals with them even before Martial Law. Just before
like hogs, chickens, dogs and horses. The 56th IB they evacuated, Bai herself was harassed by the
orders the Alamara to kill anyone or anything in Alamara. She said, “the Alamara wants us out and
their way, including their livestock and pets. Datu threatened to rape the women, and they boast
laments: “In our culture, whatever you do to the that it was President Duterte who ordered them to
environment, to our hogs and chickens, as if you do so.”
also did to us people.”
25
III. Summary of Findings
Political EJKs
One of the focal points of documentation is political extra-judicial killings (EJKs) perpetrated by the Duterte regime and
its state security forces against the members of militant peasant organizations. As of April 2018, there is a total of 70
documented incidents of EJK whose victims were leaders and members of militant peasant organizations, mostly from
the Compostela Valley.
Since there were already previous documentation 1) Jimmy Saypan. He was attacked by assailants
conducted by local human rights group KARAPATAN- on October 10, 2016, in New Visayas, Montevista,
SMR, the following resource persons further affirmed the Compostela Valley. The next day, he died at the Davao
fact that the victims were killed because of their fight for Regional Hospital. He was the Compostela Farmers
genuine agrarian reform, and their involvement in land- Association Secretary-General, and a member of
related issues such as their vocal opposition to large-scale indigenous people Mandaya. Major advocacies of
mining and relentless defense of IP ancestral domain and Saypan are opposing Agusan Petroleum and Mining
human rights. The victims were targeted for being active Corporation expansion, and defending Mandaya
members and leaders of militant peasant organizations, ancestral land.
which the military and the government have summarily
labelled “terrorists” and red-tagged as front organizations 2) Joselito Pasaporte. He was killed October 8,
of the CPP-NPA. 2016, in Mabini, Compostela Valley. As a member of
Panalipdan-Youth association and farmer association
Directly interviewed by this mission were HUMABIN, he actively campaigned against RUSSEL
Mining in Compostela. Resource person Juliana De
1) Ruby Saypan, wife of victim Jimmy Saypan; Asis was forced to join the increasing number of
2) Juliana De Asis, spokesperson of farmer evacuees in Compostela Valley because she is also
organization Hugpongan sa mga Mag-uuma sa under threat of being killed.
Mabini-Compostella Valley (HUMABIN); 3) Eddie Allawan. He was killed August 12, 2017
3) Efren Allawan, member of Panalipdan-Youth and in Brgy. Pindasan, Mabini, Compostela Valley. Same
brother of victim Eddie Allawan; with Pasaporte, he was also a member of Panalipdan-
Youth. His brother Efren Allawan attests that the
4) Melvin Delos Reyes, brother-in law of victim military’s real target was actually him and not his
Ricky Olado; brother Eddie. Efren is currently in hiding and also
became a forced evacuee because of death threats
5) Boboy Panalayan, cousin of victim Ricky Olado;
from the military.
and
4) Ricky Olado. He was killed January 28, 2018 in
6) Bebot Manila, nephew of victim Agudo Quillio.
Brgy. Datu Ladayon, Arakan Valley, North Cotabato.
From the interviews, the following facts on the EJK cases He was tagged by the military as a spy of the NPA.
were established: Olado was a member of farmer/lumad organization
26
Tinnananon Culamanon Lumadnong Panaghiusa coerced or deceived by the military to surrender. The
(TICULPA). mission was able to document 10 victims of forced
surrender in Brgy. Katipunan, Kidapawan City; 18
5) Agudo Quillio. He was killed March 20, 2018 victims in Brgy. Manggayon, Compostela Valley; and at
in Purok Gemilina, Sityo Lawaan, Brgy. Kingking, least 400 victims in Puting Bato, Brgy. Ngan, Compostela
Pantukan, Compostela Valley. Quillio was the Valley. This wholesale targeting of entire communities
chairperson of municipal farmer organization show grave abuse of people’s rights.
HUMAPAN. He is a known advocate for IP and
ancestral land rights against large-scale mining. He The pattern of coercion in the mission areas show that the
was tagged by the military as an NPA. military employs the “whole of nation” approach prescribed
by US counterinsurgency manuals. The AFP insidiously
Forced surrenders and other rights abuses turns entire communities into intelligence assets by using
local government officials as fear-mongering instruments
to spread misinformation about the existence of “lists” and
wanted persons, singling-out family members of known
peasant or community leaders to extract information, and
using video footage of protest rallies. With this approach,
the AFP justifies the existence of a supposed list of names
tagged as NPA sympathizers. A level of distrust is spread
among residents. Updated “wanted lists” are then created
through such means. People in these lists are often called
in to report in military camps to “clear their names.”
Interrogators deliberately mention to accused persons that
their fellow residents told on them, thus aggravating the
level of distrust within communities.
FGDs were also able to reveal other trends in the forced
surrender of civilians. The military employs schemes like
(1) the “hostaging” or non-renewal of social services such
as the Pantawid Pamilya Pilipino Program (4Ps), (2) death
threats and shoot-to-kill orders, (3) coercing residents to
At least 428 cases of forced or fake surrenders were sign documents that are either blank or written in English
documented in the mission’s FGDs, all exhibiting similar and were not read or explained to victims, and (4) threats
modus operandi employed by the military. Cases usually of arrest and detention, among other forms of harassment
involve groups of residents gathered and simultaneously and intimidation.
27
According to accounts by Elpidio Corgio, a purok kagawad access to government social services. The US-directed
of Purok 27, Puting Bato, Brgy. Ngan, Compostela counterinsurgency program Oplan Kapayapaan deems
town, residents were gathered in the barangay nursery on whole communities “enemies of the state” for their critical
February 14, 2018. The farmers were asked to write down stance and brave resistance to plunder and exploitation.
their names and sign or place their thumbmarks on an
attendance sheet —around 400 residents obliged. After a Illegal Arrest and Detention and Criminalization of
few days, they heard their names in a radio program. The Dissent
media report identified them as members of the NPA who There were 6 cases of illegal arrest and detention (IAD)
have surrendered to the government. Corgio attested that documented during FGDs. Several relatives of victims
out of the 4,000 residents of Brgy. Ngan, at least 2,000 came forward to talk about the ordeal of their family
were listed by the 66th IBPA as “NPA surrenderees.” Those members who were slapped with fabricated non-bailable
who refuse to surrender were forced to seek sanctuary and criminal charges. Many of the victims are still in detention.
evacuate from their communities for their security.
Ronalyn Ravin, teacher at the Salugpongan Ta Tanu
In Brgy. Manggayon, Compostela town, CFA secretary Igkanugon Community Learning Center (STICLC), said
Cristina Lantao narrated how the military summoned her husband Raymond was arrested after soldiers forced
18 of the organization’s members, including her father, their way inside their home in Purok Buongon, Saranga
to the 66th IBPA headquarters on February 28, 2018. in Maragusan town around 1:00 a.m. in July 2017. The
For every resident, two or more soldiers facilitated the military had no warrant of arrest. The family insisted
interrogation. She said that documents were indeed on their rights but soldiers still took her husband into
signed and civilians were forced to claim that they are
NPA surrenderees because the military said that they
will be dealt with criminal charges, imprisonment, and
forfeiture of enrolment in the 4Ps program. Death threats
were dished out. Cristina’s father was also interrogated to
provide information on her whereabouts.
Residents who “surrendered” are continuously monitored
by the AFP. An interviewee from Monkayo town says that
the 25th IBPA still keeps tabs on “surrenderees.” Soldiers
conduct house visits and victims are approached to join
rallies organized by the military. If the military finds out
that a certain resident is still active in community actions
or protests even after being classified as a “surrenderee,” s/
he will be subjected to another round of harassment and
intimidation.
All these are indications that communities where legitimate
people’s struggles thrive are the targets of the “surrender”
campaign of the AFP. These schemes trample upon the
people’s right to organize, free speech and assembly, and
28
Table 3. Evacuation Site Profile
29
Forced Evacuation and Displacement of Communities abuse and to be able to continue learning at the bakwit
school with their volunteer teachers.
FGDs reveal that indigenous people or Lumad families
from the eight sitios in Talaingod, Davao del Norte Women also endure sleepless nights because of fear that
were forced to evacuate starting February 2018 due to the Alamara might go after them. They are afraid for their
the heightened military operations in IP communities. security. However, they say that their stay in the bakwit site
Since the declaration of Martial Law, 10 elements of the — no matter how difficult — is still preferable compared
paramilitary group Alamara have been actively deployed the risk of staying in Talaingod. Their communities have
in every barangay. There are 330 individuals staying as become under the clutches of the Alamara and the military
bakwit or evacuees who trekked for about 2 to 3 days from after Martial Law was implemented.
their communities to the bakwit site at Brgy. Madaum,
Tagum City. Rights of Agricultural workers
Datu Bai, a lumad student, 5 volunteer teachers of the FGDs were also conducted among agricultural workers and
STTILC, and other evacuees participated in FGDs ARBs in areas dominated by fruit companies TADECO,
and relayed the conditions in their communities that LFC, and Sumifru. These agribusiness plantation
prompted them to evacuate. companies, particularly TADECO and Lapanday, have
denied agricultural workers of their rights as beneficiaries
In an interview with Darlene Munsumuy-at Sugnot, of government land reform for many years. However, it
23 and a mother of two, of Sitio Nalabas, she says: “As is this same land reform program, CARP, that landlords
a mother, I am saddened by the situation... most of the and plantation owners use as license to avoid actual land
time, [we are] helpless. Our men seem sickly because distribution. AVAs or non-land transfer schemes, such as
there is no work. They cannot cultivate the land. We are leaseback agreements, are utilized to circumvent genuine
totally dependent on donations.” land reform.
Darlene was pregnant when they evacuated on February Agricultural workers and lumad are lured by plantation
21, 2018. She gave birth to her second child at the site. owners to enter their farm lots into various lopsided AVAs
Two of her companions in the evacuation center also gave through rosy promises of better wages, job security and
birth, Loriana Mansumuy-at and a certain Tuligkay. They benefits. But all of these have gone to naught. Agricultural
arrived at the evacuation center on February 9, 2018 workers lament that their lives became even more
after 2 days and 1 night of walking. She says life in an miserable, their jobs insecure while they endure slave-
evacuation center is exceptionally hard. Evacuees suffer like wages without any benefits. When they assert their
harsh conditions, scorching heat and lack of clean water. rights to wages and land rights, agribusiness firms use
Diarrhea, respiratory problems, skin infections, and divisive measures to break the workers unity, and delegate
stomach aches afflict both young children and adults. management-friendly cooperative officers.
Some 207 children make up 63% of the population in the State security forces are blatantly employed in
bakwit site. Intensified military operations in Talaingod psywar tactics against workers in militant unions and
affect their normal lives and interrupt their schooling. organizations. Even before the implementation of Martial
They endure having to evacuate just to avoid military Law in Mindanao, these organizations were already targets
30
of the various forms of state repression. After Martial Law these companies to the detriment of exposed workers and
was imposed, it only got worse. communities.
Another glaring testimony from the workers involves the There are cases of child deformities among the areas where
use of toxic pesticides by plantation companies. Workers indiscriminate aerial spraying is regularly conducted
claim that around 20 highly toxic chemicals, including by Lapanday and Tadeco. Apparent effects of years of
Glyphosate and Paraquat (which is already banned in other exposure to pesticides in the population showed in cases
countries), are used in banana plantations of TADECO, of conjoined limbs, spike of Tuberculosis infections,
Lapanday, and Sumifru. Sumifru workers have managed respiratory and skin diseases and others. The involvement
to assert to stop the use of fluazinam, but still other of state security forces in maintaining “industrial peace” in
highly-toxic pesticide chemicals are continuously used by these plantation areas condone the years of unconstrained
poisoning of the people and the environment by these big
agribusiness firms.
IV. Conclusions
It is no accident that most victims of the abuses are farmers, peasant advocates, land reform activists and Lumad. All
reported incidents of HRVs are part of a systematic attack — a crackdown — against communities, organizations and
individuals asserting land rights against the entry and dominance of big mining and agribusiness corporations. These
attacks are not isolated cases. The profile of perpetrators and the patterns in their modus show that the operations are,
in fact, part of state policy. These are therefore funded and actively implemented by the government.
With the implementation of the counterinsurgency and officials, utilizing legal processes to threaten and
program Oplan Kapayapaan and Martial Law in harass land rights advocates under the cloak of authority.
Mindanao, ordinary farmers and Lumad are targeted The spike in rebel surrenders is now exposed as a set-up,
as “enemies of the state.” Supplementary government a façade to hide the utter failure of the government in
issuances, such as President Duterte’s Administrative bringing peace to so-called “NPA-infested” communities.
Order No. 10, created Task Force Balik Loob, which But the people lament that government must work to
explicitly funds massive operations to facilitate the forced resolve the root causes of armed conflict in order to effect
surrender of civilians as supposed rebel returnees, in line a just and lasting peace.
with the general counterinsurgency program directed by
US imperialist agenda. Farmers and agricultural workers are still victimized by
decades of failed implementation of the bogus CARP.
Different government institutions and agencies are However, there are local peasant groups, agricultural
implicated in the systemic violation of people’s civil and workers unions and ARB cooperatives who consider their
political rights. Violations are committed in different efforts and initiatives at land cultivation and occupation
forms and in varying degrees — from threat, harassment important victories in their long and arduous struggle
and intimidation, illegal arrests and detention, forced for genuine land reform and social justice. Under the
evacuation and displacement to political EJKs. bungkalan campaign, peasant organizations prove that
with full control and ownership of their land, their
There is an alarming and increasing trend of the violation collectives and communities are capable of ensuring
of the people’s right to association and assembly as food security and concern for the environment. As
evidenced by the blatant red-tagging and repression of active land rights advocates, organized peasants are
peasant and lumad organizations, particularly groups able to break the oligarchic and plunderous set-up
and communities that register strong resistance to imposed by big landlords and agribusinesses.
landgrabbing, big mining, and expansion and exploitation
of agribusiness plantations. The Filipino people have so much to learn about the
important initiatives advanced by peasant organizations
The institutional practice of criminalizing land disputes and Lumad communities in Southern Mindanao in their
and imprisonment of ordinary farmers is not new. pursuit for greater political participation, agricultural
However, the declaration of Martial Law in Mindanao sustainability, free education and genuine progress. Under
has resulted in an even more intense and widespread Martial Law, however, all these efforts are repressed and
wholesale targeting of peasants. The military appears to violently thwarted by the same local politician who vowed
work in cahoots with civilian government institutions to bring peace to his land.
31
Report by the IFFSM
Caraga team
33
I. Background
Caraga or Region XIII is situated in the northeastern part of Mindanao. It has 5 provinces, 6 cities, 71 towns, 1,306
barangays, encompassing 1.9 million hectares of land, 452,600 hectares of which are agricultural and cultivated with
corn, bananas, root crops, and trees as secondary crops. It has an estimated 2.5 million population, with farming as the
region’s major livelihood. Eighty percent of the population are farmers and fisherfolk. It is the 12th top producer of rice,
and 8th top producer of bananas in the country; and accounts for 26% of rice production in the entire Mindanao island.
Organized peasant communities and their leaders under in the region. As a matter of government policy, AFP units
the banner of Kilusang Magbubukid ng Pilipinas (KMP) have been protecting mining investments in Caraga since
in Caraga are known to be frontliners of land rights 2004. This policy remain unchanged up to the present.
campaigns against big landlords, plantation and mining
corporations, and unscrupulous middlemen. Since Even before the declaration of Martial Law in Mindanao
2007, local chapters of KMP in Caraga have engaged on May 23, 2017, organized peasant communities in
in campaigns to lower land rent; increase the farm gate Caraga region have been constant targets of so-called
price of copra, abaca and other agricultural products; “civic military operations” (CMO) of the AFP.
lower the interest on farmers’ loans; increase the wages of
farmworkers; and, lower the rent of farm machineries and Under the US-directed counterinsurgency program
farm animals. Through organized efforts, small victories Oplan Kapayapaan, community organizing for peace and
have been gained by local farmers in these struggles development (COPD) operations of so-called “peace and
and thousands benefitted from them. These victories development teams” (PDT) consisting of regular military
encouraged farmers to organize and take on economic elements conduct community assemblies, census and
and political issues affecting them. civic activities geared towards intelligence-gathering and
profiling of residents and organizations.
It is quite ordinary for big landlords to file trumped-up
criminal charges against some peasant leaders to silence During these “peace and development” meetings and
their dissent and assertion of rights. Landlords who enjoy house-to-house campaigns, residents are discouraged
local political clout also use the local police and military by the military from joining legitimate, progressive
to suppress the expansion of the peasant movement in organizations like KMP, Gabriela, Anakbayan, and other
rural communities. groups that the state and the military tag as “communist
fronts.” Known leaders and activists and members of
Units of the Armed Forces of the Philippines (AFP) are KMP local chapters are “invited” to report to military
known to act as “investment security forces” of oligarchs detachments for questioning. Farmers are also discouraged
and multinationals. This practice has been in place since from continuing their organizing work. Livelihood and
the 1950s when military units were first assigned as security of farmers and their families are threatened in the
plantation and logging concession guards of big companies course of these “peace operations.”
34
After the declaration of Martial Law, there was increased
deployment of troops and intensified military operations
Harassment against Brando Dalayan
in Caraga. After government declared the “shift of the anti-
terror war” from the Maute and ISIS-inspired groups in Brando Dalayan — 29 years old; of Brgy. Tag-
Marawi City towards the CPP-NPA-NDFP, the AFP has uyango, Sibagat, Agusal del Sur; and, municipal
vice-chairperson of NAMASUR — is repeatedly
been in a default “combat mode” in the rest of Mindanao. a victim of military threat, harassment,
Combat operations are supplemented by “legal assaults” intimidation, and trumped-up charges for
on civil and political rights, exacerbated by the formation years.
and operationalization of the Inter-Agency Committee As early as March 2016, a few months before
on Legal Action (IACLA), a government agency whose the national presidential elections, a trumped-
task is to fast-track the filing of criminal charges against up charge of attempted murder was already
suspected criminals and New People’s Army (NPA) filed against Dalayan. He was, however, quick
members, and others tagged as “terrorists” by the PNP in filing a counter-affidavit. By June, the case
was dismissed.
and AFP.
A few months after, in the morning of May
Combat military operations in Lumad and peasant areas 15, 2016, he was “invited” by soldiers for
questioning. He was brought to the camp
resulted in the forcible evacuation of whole communities
of the 3rd Special Forces Battalion wherein
in Caraga from July 2017 to February 2018. Two full soldiers demanded that he admit to being an
battalions were additionally deployed in Agusan del NPA or be killed. Dalayan insisted that he is not
Sur and Surigao del Sur since January 2018, increasing an NPA. He was questioned further about the
military deployment to 9 full battalions in the whole the other officers and members of NAMASUR.
He was released by 4:00 PM.
region of Caraga.
The same year, he was again “visited”
As militarization intensified, human rights violations were by soldiers two more times to make him
committed incessantly and with increasing brazenness by surrender as an NPA. In one instance, he was
directly offered Php 9,000 for his surrender; in
the military, police and paramilitary. another, he was offered to be a military asset -
he declined both.
Under the new Duterte administration,
Dalayan was again falsely charged of multiple
attempted murder in February 2017. The case
was dismissed on May 19, 2017.
November 6, under Martial Law, two CAFGU
members visited him, one of which he knew
35
II. Conduct of the Mission
Day 1
The delegates from Manila joining the International Fact-Finding and Solidarity Mission (IFFSM) landed at Bancasi
Airport in Butuan City at around 6:00 a.m. of April 6. The delegates immediately noticed a tarpaulin banner welcoming
IFFSM delegates. The “greeting” was without any signatory — only a threatening reminder to “Just do it right.”
Several unidentified men were also seen taking pictures and videos of the arrival of the delegates. A black pick-up with
plate number ABF 1165 tailed the convoy of the delegates upon leaving the airport on their way to the Unyon ng Mag-
uuma sa Agusan del Norte (UMAN) office in Butuan seizure; frustrated killing; forcible evacuation; and,
City, Agusan del Norte. trumped-up charges against farmers, the militarization of
Sitio Tagkiling, Butuan City, among others.
After the opening program and orientation, mission
delegates were divided into two teams to cover all The two teams then went back to UMAN office and stated
interviews. The first team interviewed resource persons initial observations and reports from the communities. A
from Agusan del Norte while the other group interviewed short program was also held in solidarity with the farmers,
participants from Surigao del Norte. then the mission team went to Missionary Sisters of Mary
for their accommodation.
The Caraga team was able to interview 17 victims
from Agusan del Norte and Surigao del Norte towns of Day 2
Buenavista (1), Carmen (2), Jabonga (1), Cabadbaran
City, Kitcharao (1), Tubay Agricultural Processing Center The next day, April 7, the mission delegates then travelled
(TAPCEN) in Tubay (4), and in the Manobo community to a farming community — the demo farm of the
of Sitio Tagkiling (5) in Butuan City. NAMASUR-KMP organization in Damilag, Pisaan, San
Francisco, Agusan del Sur.
After lunch, the delegates were divided into three
groups. The first two groups went to the communities in The delegates were divided into two teams to interview
TAPCEN and in Sitio Tagkiling. The third team went to local participants from Agusan del Sur and Surigao del
TAPCEN Agricultural Center in Tubay where farmers are Sur where most of the victims are facing trumped-up
now claiming their ancestral lands leased by TAPCEN for charges and were forced to surrender as NPA fighters.
25 years.
The delegates then went to an ocular visit to land claimed
Initially documented cases of HRVs include extrajudicial by Agrarian Reform Beneficiaries (ARB) in Brgy. Manat
killings (EJKs) of peasant leaders Perfecto Hoyle where the farmers started to cultivate land and planting
and Vivencio Sahay; cases of threat, harassment and crops for their consumption.
intimidation (THI); illegal arrest and detention; illegal
36
The delegates then traveled to the Society of the Divine
Word (SVD) convent for their rest, dinner and collation
of data in SVD lodging house. The whole day, the vans personally as Junboy Acebedo. The armed
men told Dalayan that a brigade commander is
of the delegates were tailed by unidentified men in demanding that he be brought to the military
motorcycles. camp to be killed. He did not not join them.
The delegates synthesized their observations and final The next day, Dalayan filed a police blotter. He
was advised to go to Brgy. Salvacion to file a
evaluation the next morning and then went to Davao complaint, which he did. The mediating council
to join the other contingents of the IFFSM from the summoned Acebedo. Twice, he did not appear.
Southern Mindanao Region and Northern Mindanao Only after policemen endorsed the summon
Region. did he appear, accompanied by two soldiers.
During the mediation, Acebedo admitted
that a brigade commander indeed ordered
In total, the CARAGA team was able to hold six focus to kill Dalayan. The soldiers then pleaded the
group discussions (FGD) with around 300 participants. admission be kept secret. Dalayan established
Fifty-nine individuals were interviewed. They reported 94 his identity as a civilian by presenting legal ID
cases of various HRVs affecting at least 543 individuals cards. Furthermore, Acebedo and the soldiers
admitted they have no evidence of Dalayan
from 33 barangays and 24 municipalities. being an NPA. They then signed an agreement
stating that Acebedo shall be responsible should
The findings of the IFFSM was limited by the continuing anything happen against Dalayan. While advised
effects of Martial Law, the very object of its probe. Some to file a formal case against Acebedo, Dalayan
local farmers were discouraged to attend the FGDs due refused to pursue due to lack of money for
litigation.
to persisting restrictions of movement, threats and fear.
While the figure gathered through the mission may Despite all these, a “kill list” from the military
represent only a part of the bigger picture, the mission is was discovered by Rene Anyura, municipal
chairman of NAMASUR, on March 8, 2018.
confident that the patterns and the extent of HRVs in the
The list contained both Anyura’s and Dalayan’s
region can be clearly discerned. names, with Dalayan at the very top.
During the second day of the IFFSM on April 7,
Dalayan was again harassed along with other
local farmer-delegates. The vehicles they used
to travel home were tailed by alleged military
elements. They were then stopped and held for
a few minutes before being released.
The uninterrupted instances of military
harassment against Dalayan demonstrate the
effects of trumped-up charges in taking away
the time and energy of a farmer-leader. The
continuity of military harassment from the
Aquino regime to Duterte also reflects the
same US-directed militarist policy implemented
across administrations. Dalayan’s timely and
appropriate legal actions did not put a stop to
the harassment; it has, in fact, become even
more brazen under Martial Law. Dalayan is
under constant threat up to this day.
37
III. Summary of Findings
Of the documented EJKs from January 2017 to February 2018, nine victims were peasants: six of them were current or
past leaders of KMP local chapters, while three were ordinary farmers.
Three of recent killings involve farmers who came across Table 4. Peasant HRVs in Caraga after the
AFP troops conducting combat operations. They were
declaration of Martial Law (March 23, 2017 -
accused of being members of the NPA even though
they were unarmed. There is also a documented case of
early April 2018)
frustrated killing through strafing.
Type of Cases Victims
Out of the 50 political prisoners currently detained violation
in Caraga, 38 are farmers alleged to be NPA members
EJKs 9 9
and arrested for trumped-up criminal charges like illegal
possession of firearms and explosives, planted by the THIs 23 23
arresting units and their associates. Trumped-up 21 21
charges
After the Interagency Committee on Legal Action Forced 4 467
(IACLA) was formed, there has been a rapid increase in evacuation
the number of trumped-up criminal charges filed against
Strafing 1 1
activists and farmers in Agusan del Sur and Agusan del
Norte. Some respondents are not even from the region. Use of civilian 18 0
There are currently 268 civilians who have been falsely facilities
charged, citing armed encounters between government Coercion 6 11
forces and the CPP-NPA. (forced
surrender)
There were seven documented cases of forcible evacuations Extortion 12 12
from July 2017 to February 2018 involving 15
Total 94 543
communities and over 3,000 individuals. These occurred
after a massive build-up of combat military troops in
these communities, and combat operations including
bombings and firefights near civilian communities and Political EJKs
farmlands.
A total of nine cases of political EJKs were reported.
In general, resource persons and local participants confirm Close relatives of four victims — Melito Catampungan,
that HRVs in Caraga — from threats and harassment to Silvestre Maratas, Perfecto Hoyle, and Aaron Notarte —
rampant killings — have increased since the imposition of were directly interviewed by the mission.
Martial Law in the whole of Mindanao.
38
Killing of Aaron Notarte
Six out of the nine victims of EJKs were members of The case of Aaron Notarte is significant because
he was the lone EJK victim who was not an
peasant organizations, four of whom were officers. Most officer of a peasant organization — showing the
of them were killed after experiencing threat, harassment, indiscriminate nature of the killings.
and intimidation from state security forces. This establishes
the pattern of targeted killings against organized farmers. Notarte, a 23-year old NAMASUR member, was a
chainsaw operator from Brgy. Manat, Agusan del
Sur. In the afternoon of January 14, 2018, he was
Before the declaration of Martial Law, there were only stopped by soldiers as he was en route to their
two documented cases of peasant killings in Caraga under coffee farm. Said soldiers forced Notarte to admit
the Duterte regime. Seven EJKs happened under a year of to being an NPA rebel at gunpoint. Failing to get
Martial Law, constituting 70% of peasant killings in the the answer they desired, the soldiers hit Notarte at
the back with a rifle butt. The soldiers proceeded
region during this time. to cut two of his fingers. In the end, Notarte was
ordered to run before being shot to death. He
On the other hand, civilians have also become victims received a gunshot on each of his shoulders, and
of EJKs as consequence or military retaliation, after AFP three more across his stomach.
units suffer losing battles or armed encounters with the At 3:00 p.m the next day, a certain “Federico”
NPA. Such is the case of Aaron Notarte. Civilians are also from Sitio 69, Bunawan Brook; called Notarte’s
killed after they refuse to “cooperate with state security employer, Eliasar Gonzales. Federico asked him
forces,” either as forced surrenderees or military assets. to visit the Dollete Funeral Homes in the town
of Trento to claim the body of Notarte. Gonzales
informed the family of Notarte. Notarte’s siblings
Forced or Fake Rebel Surrenderees arrived at the funeral home by 5:00 p.m, where
they found his remains. His face was almost
Members of peasant organizations NAMASUR, unrecognizable, his dismembered hand covered
NAMASUN, UMAN, and KAMASS are constant targets with packaging tape. People from the funeral
home told the relatives of Notarte that soldiers
of THIs. Violations are usually in the form of demanding delivered the body the night before.
their forcible admission and surrender as NPA members.
A few days after, Notarte was reported among
Through the FGDs, the mission uncovered a pattern that the NPA rebels killed by soldiers during an armed
encounter on January 13, 2018.
fully shows the military’s modus operandi in forced or
fake rebel surrenders. Oplan Kapayapaan is used not just
as a bankrupt counterinsurgency measure, but also as a
lucrative racketeering scheme and money-making activity.
Roger Gonzales: A Case of Extortion
This modus enables the military to access and pocket the Around 3 in the morning of February 23, 2018,
reward money or bounty offered by the government for several soldiers forcibly entered the home of
rebels who would surrender with their firearms. It is also Roger Gonzales — 50 years old; member of
a seamless scheme to extort money from farmers who are NAMASUR; of Purok 9, Barangay Del Monte,
Talacogon, Agusan del Sur. He was made to lie
coerced to surrender and admit that they are NPAs.
39
This is how it goes: under the pretext of Oplan persons” are officers of CIDG or PNP-SWAT who will
Kapayapaan, a team of army personnel will be deployed now execute the search warrant.
for Community Organizing for Peace and Development
(COPD). These soldiers will occupy the barangay hall After the search, the police would declare that they have
or other public facilities such as schools. Thereafter, the found either a firearm, an explosive, a blasting cap and
army team, together with a member of the paramilitary wire, or all of these, because these were already planted
CAGFU or SCAA, will conduct house-to-house visits to by the advanced force of the military or police. After the
farmers, particularly to officers or members of militant recovery of illegal items, the subject farmer would be
peasant organizations, or their relatives. This is where they arrested and detained.
will be intimidated and threatened to “surrender.”
Corruption goes beyond the military. In one province,
According to resource persons, soldiers offer to provide resource persons attest that since they have no private
residents with firearms that they would bring when they lawyers to defend them at the time of their arrest, they
surrender, along with the promise that they will receive would be provided with a lawyer from the Public Attorney’s
P5,000 livelihood assistance if they surrender. Office (PAO). The PAO lawyer, or sometimes an errand
boy from the prosecutor’s office, would then directly talk
Those who refuse or oppose the military’s orders will to the family of the arrested farmer and blatantly ask for
then be subjected to even more threats and harassment, the payment of certain sum, ranging from Php 150,000-
including the “legal assault” of filing trumped-up cases 400,000 to supposedly secure the victim’s release, ensure
like murder, frustrated murder, or attempted murder for the withdrawal or non-filing of cases or its dismissal in
supposedly participating in armed encounters against court. The asking price depends on the case filed against
the military or the police. Some were also charged for the victim. During this underhanded negotiation
kidnapping and serious illegal detention. brokered by public lawyers and prosecutors, the victim or
relatives would be brazenly told that the money would be
Farmers also attest that there is more to these “legal divided among the judge, the prosecutor, the PAO lawyer,
assaults.” The military harass their targets by securing a and the military and police.
search warrant from a “friendly judge,” to justify barging
into homes to supposedly search for unlicensed firearms If after all these coercion, the farmers still show resistance
or explosives in the possession of the farmers who earlier to the surrender modus of the military, soldiers would
refused to “surrender.” now include these farmers in their “kill list” which would
eventually result to EJKs.
During the execution of the search warrant, the military
or the police would arrive first, usually in wee hours of In all documented cases, it was clear that the military
around 4:00 a.m., knock on the door and enter, and knew beforehand that the farmers they have subjected
command the subject of the search to stay put, postpone to THI, trumped-up charges, and EJK are civilians and
his farming activities, and wait for the arrival of “special not members of the NPA. In documented cases by the
persons.” It would later turn out that these “special IFFSM, criminal acts have been clearly perpetrated by
40
the military with the connivance and imprimatur of the
judiciary – through “friendly judges” who anomalously flat on the ground as the soldiers searched his
issue search warrants against farmers; the prosecutors who kitchen. It was dark then but, Gonzales estimates
mindlessly file cases in court at the behest of the military, around 30 more soldiers surrounded his home.
even if these are evidently trumped-up and fabricated; Afterwards, he was brought to a police precinct.
He was questioned about the possession of a
and the lawyers of the PAO who would demand payment .38 caliber gun to which he denied. His young
from farmers even when their mandate is to provide free son even insisted that he saw one of the soldiers
legal service to indigent litigants. put the said gun inside their thermos. Soldiers
demanded that Gonzales admit to being an NPA.
Corrupt prosecutors would justify their actions by the The next day, he was charged of illegal possession
expedient reasoning that the respondents (farmers) failed of firearms with Genesis Efren as public
to submit their counter-affidavits and controverting prosecutor. Atty. Rachelle Ann Bahian was
evidence. Farmers are subjected to so much legalese, assigned as his lawyer from PAO.
bureaucratic technicalities and paperwork – but what is On March 20, Atty. Bahian advised Gonzales to
made clear to them is that they have to bribe their way plead guilty and admit to being an NPA. This
out, or they will be killed. way, as he was told, he would just be put under
probation and be immediately out of jail. But he
would have to pay a Php 75,000 “bond.” Atty.
Bahian candidly said that it regularly takes up to
Php 150,000, but she took pity of Gonzales so she
reduced the “bond” by half.
Bahian received Php 25,000 on the morning of
March 26, 2018 as initial payment. The lawyer
took Gonzales’ land reform certificate or CLOA
as collateral for the remaining Php 50,000 with
a strict reminder that he finish payment by the
second week of April 2018 or risk being jailed
again. At 10:00 AM of the same day, during the
arraignment of his case, Gonzales pleaded guilty
as instructed by PAO lawyer Bahian. During the
proceeding, the court did not mention any “bond”
or any payment required of him. Gonzales also
did not have to pay anything for obtaining the
services of a public lawyer.
Atty. Jobert Pahilga from the Caraga fact-finding
team commented that had Gonzales just posted
bail for the fabricated gun case, it would have only
cost him an estimated Php 24,000.
41
IV. Conclusions
42
(“No one will kill my father except
those who have interests in our land!
They would even say that my father is
a member of the NPA, when all they
really want is to grab our land.”)
43
44
Message from Sister Pat
to all Political Prisoners
I was surprised to discover when I was in the Bureau of Immigration in Manila that it is a crime to visit political
prisoners.
This was particularly in reference to my visit to the These are just 27 among the hundreds of political
political prisoners in the Tagum Provincial Jail as a prisoners unjustly jailed and currently in prison because
member of the International Fact-Finding and Solidarity they dared to care for their families, their neighbors, and
Mission. We met with 27 men and women, mainly from the environment; and refused to be quiet. The President
Compostela Farmers’ Association. As usual, while they promised to free all political prisoners before he was
were trying to organize against the encroachment of elected, but instead had added to their number.
mining and expansion of plantations on their lands, they
found themselves charged with trumped-up charges such I hope that the peace talks between the Government of the
as illegal possession of explosives. Republic of the Philippines and the National Democratic
Front of the Philippines resume and the issue of political
Our visit was to show them our support, that they and prisoners is eventually tackled. I send my regards to all
their cause are not forgotten. Apart from a religious those political prisoners, and especially to those we met in
mandate to visit the prisoners, we went to listen to their Tagum. May justice prevail and may you be released and
stories and after listening we resolved to increase pressure be together with you family and friends.
to have them released. Among these political prisoners
were a 65 year old woman, and also a mother of two.
Sister Patricia Anne Fox, NDS, is a 71 year old Australian missionary serving the Filipino rural poor for the past 27 years. She
participated in the IFFSM, and was arrested by immigration agents on April 16 supposedly for violating the terms of her missionary visa
and being an ‘undesirable alien’ allegedly for participating in a rally. President Duterte took personal responsibility for the order, declaring
that Sr. Pat as a bad mouthed foreign interventionist. Her visa was cancelled a few days after. Her ordeal gathered broad mass support from
peasant and indigenous organizations, Church people, and other groups, in and out of the country.
45
Women and children
as victims of Martial Law in Mindanao
Message of solidarity from Triana Wardani, SERUNI-Indonesia
My name is Triana Wardani, I come from Seruni, a militant women’s organization in Indonesia. I had the chance to
join the International Fact Finding and Solidarity Mission in Mindanao, joining the Caraga team. In this fact finding
mission, these are the things that I observed:
Those most affected by Martial Law were women and I heard so many stories during the interviews of the
children. I’ll discuss three aspects: victims. Many women lost their husbands because they
were killed or jailed. Some women also lost their children
Political aspect: because of military operations. Children were also affected
They don’t have any freedom anymore, they don’t have by the military operations. They were interrogated and
freedom to speak, they don’t have freedom to organize, and asked about the NPA. Some of them are harrassed by the
they don’t have freedom to fight for their rights because military. There was a case in Tagkiling, where two children
of Martial Law. They were afraid, scared, and suffering (9 years old and 11 years old) did not return home after
because of it. I remembered one of our interviewees in the military asked them to guide them to where NPA
UMAN-KMP office who said that “we’re just members members are located. I also remembered the stories of
of UMAN, all we want is a better future.” There’s nothing how the military harassed children they met along the
wrong in being a member of a peasant organization, roads by saying that “you should be thankful for still being
but after Martial Law was declared and extended in a minor; if you’re already 14 years or older, we can kill you
Mindanao, most of the members of peasant organizations under Martial Law.” It was very heartless.
were tagged as NPA rebels and are subjected to a lot of In fact, such conditions are almost the same with what’s
harassment and violations by the military. happening in Indonesia. People who fight against land
Economical aspect: grabbing and demand genuine agrarian reform are tagged
as terrorists. We face the same problem of land monopoly
They cannot go back to their farm because of military and land grabbing by corporations. This issue is not only
operations. The military destroys their farms, so they lose common with Indonesia and the Philippines – this is a
their crops and vegetables – they lose their livelihood. common issue across the whole world. When people’s
They face hunger and suffer because of that. This situation movements rise, militarization is heightened.
I found during the area visit to Tagkiling, Anticala,
Butuan City. The villagers (Manobo tribe), around 36 This is why we are in solidarity with the farmers and
families, 166 households and 727 individuals were forced indigenous people who continue to fight for their right
to evacuate to another village because of poverty, and to land. One thing I take note was that even though they
the absence of livelihood in the mountains. All of them face such situations, they keep on with the struggle. The
also experience harassment and human rights violations farmers continue to fight for their rights. Many women
from the military. It’s also the same with the victims we I met during the interview said that they were so scared,
interviewed in Damilag, Agusan del Sur. Most of them but most of them did not show such feelings, they are in
were tagged by the military as terrorists, forcing them fact very brave!
to go into hiding and move from one place to another, I’m very proud and honored to meet such women. I’m
preventing them to farm. inspired by their passion to keep on with the struggle even
Cultural aspect: under the worst situations, even face to face with violence
and death.
Because the victims have to evacuate from their homes,
the children of the indigenous people stop going to school And so we support the campaign to stop killing farmers.
and lose their right to education. Martial law in Mindanao must be ended. Long live
international solidarity!
46
(“They said we had bombs with us. We have six small children. When they
took my husband I kept thinking, what will happen to my childen, I only
have Php 200 in my wallet.”)
47
The Wholesale Sell
Out and Plunder
of Mindanao Under
DUTERTE
48
When one considers how Mindanao is also the location of large-scale foreign plantations, mining companies, energy
projects, and a persistent target of US military exercises; it becomes apparent that Martial Law is merely part of a bigger
project for the region.
Mindanao hosts the country’s remaining last frontiers. Mindanao, Chinese capital is “an important ingredient”
It has a large agricultural base, and remains a significant of the nationwide Build! Build! Build! program itself.
food basket. More than six million of its more than 10 The Duterte regime drools over these loans as various
million hectares of land are classified as forest lands. Its countries (from Cambodia to Sri Lanka to South Africa
greatly varied geography composed of high and rugged to Argentina) fall victim to China’s debt trap and are
mountains, broad and swampy plains, and rolling compelled to give up control of parts of their territory
plateaus, host fertile soils, rich deposits of minerals, and and resources; as China itself is builds its own imperialist
diverse biospheres. project, the Belt and Road Initiative.
Under Duterte’s Build, Build, Build! infrastructure While China’s increasing role is undeniable, the decades-
program, such natural wealth is bound for a wholesale old dominance of foreign loans from USAID, IMF-WB,
sell-out. The first Mindanawon president has pushed for a ADB, and JICA remain. They are contained in MinDA’s
grand “development” plan, estimated to cost at least Php other flagship “catalytic” infrastructure projects which
1.25 trillion, for the whole island under the Mindanao include at least seven airports and four seaports, each
Development Authority (MinDA). The entire plan is costing from a few to tens of billions in pesos. Mindanao
composed mainly of mega-infrastructure projects and maintains its huge geopolitical significance for US
agri-business programs, backed by deceitful sociocultural military and economic interests; as it is located near major
schemes – all for the purpose of facilitating the easier international shipping routes and an ideal launching pad
entry and flow of foreign capital in the entire Mindanao. for military actions against US traditional adversaries
It divides the region into Northern, Western and South mainly China and North Korea.
Central Mindanao, forming interconnected “development
corridors” aimed to be connected further to a subregional The projects will also be awarded to local big businesses
trade network (between Brunei, Indonesia, Malaysia and thru hybrid public-private partnerships. Hybrid PPPs use
the Philippines) and further, to the global market at large. public funds and foreign loans to build an infrastructure
before handing over its operation and maintenance to the
Most touted by the president himself is the private sector, burdening the people with debt-servicing,
TransMindanao High-Speed Railway Project, which the private operator’s profit-guarantees, and high user
would supposedly connect key cities across the island fees. Certain to profit are the biggest local oligarchs
through a 2,000-kilometer rail system. Just its first phase already benefiting from previous PPPs, such as Ramon
already costs Php 36 billion of public funds and foreign Ang, Manny Pangilinan, and the Ayalas.
loans from China, Japan, and Korea. A transportation
undersecretary even reveals that the succeeding phases Aside from profiting from the actual construction, the
will be funded solely by China. In fact, not just for infra projects themselves will only serve the interests of
49
foreign and local big business by easing the transportation notably, 23 of the country’s 48 largest operating mines are
of commodities and capital. Meanwhile, the construction all in Caraga, covering 5% of the region’s total land area.
of these projects will displace thousands of farmers,
indigenous peoples, and urban poor. MinDA’s development plan includes a sociocultural aspect,
justifying and legitimizing the anti-peasant and anti-
Another key aspect is the creation of so-called “Agro- people projects. Academic institutions such as the planned
Economic Cooperative Zones” (AECZ). Its most Mindanao Executive Leadership Development Academy
pronounced aim is to “modernize” agriculture by and Mindanao Marine Merchant Naval Academy are to
establishing “agro-fishery infrastructure and agro-based be established for the creation and training of pro-big
enterprises.” It aims to further boost the production of business bureaucrats, policy makers, researchers, and other
for-export crops such as rubber, pineapple, Cavendish intellectuals. The agency also proclaims commitment
banana, oil palm, cacao, and sugarcane – as opposed to to environmental-protection by supposedly planning to
food crops needed domestically. MinDA targets to build implement “responsible” mining, using renewable energy,
these zones over the ancestral lands of indigenous peoples and promoting eco-tourism. Meanwhile Moro culture is
and lands awarded to agrarian reform beneficiaries tapped by professing the promotion of “Islamic financing”
(ARBs). This explains the obsessive targeting of Lumad and the development of the Halal industry.
communities and ARB organizations by the military.
All these grand proclamations however, crumble at the
Indicatively, agribusiness plantations have been more reality of the Duterte regime’s attacks against peasants and
aggressively expanding in Mindanao. Such plantations indigenous people. Lumad-built and managed schools
cover about 500,000 hectares, or 12 percent of Mindanao’s (where indigenous knowledge and practices are being
total agricultural lands. Another million hectare is targeted developed), instead of being supported, are threatened
to be allotted for oil palm plantations by 2022. to be bombed while their school staff, and community
leaders are killed, abducted, and harassed. Similarly, the
AECZs will only facilitate the landgrab of millions of most direct stewards of forests and mountains, the poor
hectares of farmlands and ancestral lands, leading to peasants and indigenous people, face bullets, cannons,
the further displacement and deprivation of millions of forced surrender campaigns, trumped-up charges, etc.
farmers and indigenous peoples across Mindanao. On the The Moro too are victimized under the Islamophobic
other hand, age-old landowning political dynasties (such “war on terror” designed by the US, leaving the country’s
as the Floirendos, Lorenzos, Lobregats, and Dimaporos), only Islamic City in rubbles.
collaborating with multinational agro-corporations, are
once again the ones set to profit. Far from paving the way for peace, as the plan supposedly
intends, these projects and programs are bound to
The same families are also in cahoots with foreign aggravate rural unrest in Mindanao - especially with
mining interests from China, US, Canada, and Australia. the AFP serving as mercenary forces to secure these
Destructive large-scale mining operations cover huge investments through acts of state terror. Struggles for
parts of Mindanao, destroying whole ecosystems. Most
50
the right to land by peasants, and self-determination by and Malacanang on several occasions to call attention
Lumad and Bangsamoro peoples are set to intensify. and demand action on agrarian and human rights issues
as seen in the numerous Lakbayans launched by peasants
The most intense of such resistance to economic and and IPs.
environmental plunder are expressed through two robust
revolutionary movements led by the CPP/NPA/NDF The socioeconomic conditions of Mindanao and the
and the remaining armed movements of the Moro people programs affecting, particularly the plunderous schemes
through BIFF and fighting BIAF forces, a militant peasant of the Duterte regime in collaboration with local oligarchs
and indigenous mass movement, including fighting and foreign interests, is then clearly at the heart of Martial
Lumad villages. In fact, Mindanao peasant movements Law and the continuing agrarian unrest in the island.
have been launched in the heart of the national capital
51
Mindanawon’s Resistance
to Martial Law
The continuing policy of extrajudicial killings under Duterte’s Martial Law in Mindanao has claimed more than a
hundred lives of peasants, many of whom are leaders or members of local organizations actively involved in campaigns
for their right to till, and against massive landgrabbing and exploitative ventures of foreign large-scale mining, plantation
expansion, and energy extraction. The peasant sector’s struggle for genuine land reform goes hand-in-hand with the
national minorities’ assertion of their right to self-determination, which has long been denied and undermined by all
previous regimes.
Amid fear and threats, there is an urgent need to expose lands and being relegated to be cheap labor on their own
the regime’s facade of a Martial Law that is safe, tranquil lands and resources.
and peaceful. Martial law in Mindanao is outright fascist
military rule, with its brutal iron fist being rammed Government policies and programs have significantly
against the people of Mindanao. pushed for the expansion of plantations including the
bogus land reform program Comprehensive Agrarian
Communities continue to face the state’s dirty and Reform Program (CARP) and its extension (CARPER)
brutal war, never faltering in their collective action and which allowed land-use conversion and non-land transfer
organized resistance. For the farmers and poor peasants, schemes such as different forms of agribusiness venture
national minorities, and the people who have seen and agreements (AVAs) extremely favorable for landlords and
lived through the extent of the attacks to their rights, there agribusiness corporations.
is no other option but to stand and fight back. With lives
and rights of the people constantly on the line, we call on The Indigenous People’s Rights Act (IPRA) also became
the Filipino people and our friends in the international instrumental to the land grabbing and denial of Lumad
community to unite with the people of Mindanao to rights on their ancestral domains as well as the equally
confront these fascist attacks and never falter in defending deceptive National Greening Program.
our basic human rights. Farmers and Lumad are witness to the poverty brought
Northern Mindanao: Cultivating the culture of about by displacement, job and food insecurity as well as
resistance against state-sponsored land grabbing and the irreversible impact on health and the environment due
plunder to the proliferation of corporate plantations. Northern
Mindanao remains one of the poorest regions in the
One-fourth of the total land area or 25.7 percent covered country while it has the second highest poverty incidence
by agricultural plantations in Mindanao is located among farmers at 54 percent.
in Northern Mindanao. The region hosts a variety of
commercial high-value crops including Cavendish Through the militant peasant and indigenous people’s
banana, pineapple, oil palm, sugarcane, cacao and rubber. movement led by the Kilusang Magbubukid ng
It has the widest land area planted with sugarcane in entire Pilipinas-NMR and the KALUMBAY Lumad Regional
Mindanao covering 72,000 hectares and second largest Organization, farmers and Lumad resolutely advanced
area harvested with pineapple and banana. campaigns to reclaim their lands, stop the expansion of
plantations, increase the wages of farm workers, stop
However, the proliferation of corporate farms in the farmers’ displacement from their lands, and seek justice
region ushered gross violations of farmers’ and indigenous’ for all the victims of human rights violations.
people’s rights, including their displacement from their
52
While people’s organizations are targets of human rights Southern Mindanao Region: Collective and militant
violations even before Martial Law, there has been an assertion - agricultural workers’ glimmer of hope
upsurge on the number of incidents and victims of threat,
intimidation and judicial harassment (trumped-up charges, Land reform beneficiaries and indigenous people were
arrest and detention) when Martial Law was declared. lured by plantations to engage their farm lands in various
Violations were high among farming communities and schemes through rosy promises of better salaries and secure
the Higaonon and Manobo in Bukidnon and Misamis jobs and benefits. The defunct Comprehensive Agrarian
Oriental who are actively opposing the expansion of Reform Program (CARP), was instrumental in allowing
pineapple and oil palm plantations. the aggressive conversion of crops and the expansion of
plantation as it legitimizes corporative schemes such as
Ongoing struggles in the region include the assertion leaseback and agribusiness venture agreements.
of land rights through bungkalan in the 517 hectare
agricultural land in Maramag, Bukidnon by the BTL Promises however were for naught. Farmworkers insist
(BUFFALO-LIMUS-TAMARAW) and the 132-hectare how, in fact, their lives became more miserable, as jobs
TINDOGA (Tribal Indigenous Oppressed Group remain insecure and wages remain at slave-like rates.
Association) community, part of the ancestral land of Worse, when they assert their rights, agri-companies
Manobo Pulangion in Quezon, Bukidnon, among others use divisive measures such as delegating “management-
as well as in Opol, Misamis Oriental and Valencia City, friendly” cooperative officers and insinuating in-fighting
Bukidnon. among workers, ultimately undermining their unity.
Workers associated with militant organizations are often
Many communities continue to resist plantation subjected to psywar tactics.
expansion including Cabanglasan, Talakag, and other
municipalities in Bukidnon as well as in Balingasag and Even before the implementation of Martial Law in
Claveria, Misamis Oriental. Mindanao, people’s organizations are already victimized
by various forms of human rights violations. Such
Continuing campaigns for higher wages and against violations worsened after martial law was implemented.
the use of toxic chemicals are also held to improve the According to Karapatan – SMR, there are already 66 cases
conditions of agricultural workers in the region. of EJKs in the region.
Amidst all the state-perpetrated attacks against peasant Despite such conditions, agricultural workers, particularly
and Lumad leaders, organizations and communities those from Tagum, Davao del Norte, continue to assert
hoping to silence them in their struggle for land and their right to land and decent work. Bungkalan (land
self-determination, the people’s militant movement occupation and cultivation) campaigns have succeeded,
in Northern Mindanao remain firm in advancing the particularly under MARBAI and NARBAI, both led
interests of the people and sow the culture of resistance by KMP-SMR. Through their struggles, MARBAI
for land, food and justice. agricultural workers have already secured 145-hectares
of farmlands. Similarly, NARBAI farmworkers have
53
occupied an adjacent 36.4 hectares, which they have The organization campaigns for hundreds of farmer-ARBs
planted with various crops for consumption. (agrarian reform beneficiaries) to regain control of their
lands from onerous plantation contracts and the threat of
Such achievements have been possible only through land-use conversion.
the collective and militant action of farmworkers - not
limiting themselves to the confines of a bogus land reform Major local campaigns include the movements for the
program and locking horns with landlords, who are hell- distribution of 8,363.2 hectares from Filipinas Palm
bent to deny them their rights through the employment of Plantations Inc. (FPPI) and a total of 1,263 hectares
private and state forces. Despite their victories, MARBAI controlled and under expansion plans by Agusan
and NARBAI farmworkers continue to remain vigilant as Plantations Inc. (API); for stopping the expansion of
Martial Law persists in Mindanao. The threat of landlord DASFAVI’s (Davao - San Francisco Agricultural Ventures
and oligarchic interests’ renewed attacks is eminent. The Inc.) oil palm plantation; and for the continuing
agricultural workers’ resolve, however, to stand their occupation by farmers of the 210-hectares which JCADI
ground and fight whatever lies ahead remains firm. (JC Aquino Development Inc.) is attempting to landgrab
in TAPCEN (Tubay Agricultural Processing Center).
Since Martial Law, the 404 farmer-ARBs from API,
Caraga: Martial Law as Duterte’s response to successful DASFAVI, and TAPCEN already awarded with 1,268
peasant campaigns hectares by Department of Agrarian Reform (DAR)
KMP in Caraga highlights the continuing advance of under former Secretary Rafael Mariano, are now
peasants’ struggles for land and other rights, against land subjected to militarization, and once again under threat
monopoly in the region. The imposition of the anti- of landgrabbing.
peasant Martial Law in Mindanao, particularly in Caraga, Ongoing struggles in the region also include the farmers’
tended to undermine the achievements and on-going fight against the further expansion of Dole Philippines’
campaigns of peasants, favoring hacienderos and private and SUMIFRU’ banana plantations in Surigao del Sur,
businesses. and that of Del Monte’s in Agusan del Norte. Many other
KMP Caraga has more than 15,000 members in four communities also persist in struggling against eviction
provincial chapters encompassing Agusan del Sur, Agusan and harassment which aim to make way for hydropower
del Norte, Surigao del Sur, and Surigao del Norte. All over projects and the expansion of mining operations for
the region, they lead peasants’ campaigns to reclaim lands, nickel, gold, and coal.
stop the expansion of plantations, stop the eviction of Caraga farmworkers have also achieved successes in their
peasants for mining and hydropower projects, increase the campaign for higher wages. From an average of P100-P150
wages of farmworkers, lower interest rates and land rent, daily wage, they have increased the standard to P250 (with
and implement free irrigation, all the while providing food for a day’s work) or P300 (without food) since 2012.
other services for the peasants’ welfare. KMP Caraga estimates this has benefitted more than
54
10,000 farmworkers. The increased rate has since become Amidst all these, KMP Caraga also facilitates the legal
the norm across the region. assistance of farmers facing land dispute cases and
trumped-up charges. The organization also provides
Four hundred farmers in Agusan del Sur have also psychosocial and material assistance to farmers and their
benefitted from the lowering of interest rates from 15 to families victimized by various human rights violations.
40 percent to just 10 to 20 percent. At the same time,
in five barangays of Agusan del Norte, the 30 percent The aforementioned campaigns and the steady
interest rate for loans to farmers have also been lowered to achievement of small victories by poor peasants is what
just 15 to 20 percent. the Martial Law in Mindanao is actively undermining.
Similarly, the campaign to lower land rent has achieved While the increased frequency and cruelty of state-
some victories. The former rate of 15 sacks per cropping perpetuated atrocities has indeed caused some terror
per hectare, has been lowered to just 10 sacks. In some among many peasants, member or not of organizations.
places, landowners now only get 25 percent of the KMP Caraga however has consistently expressed its firm
agricultural produce, allowing the farmers to take the commitment to continually persist in the struggle for land
remaining 75 percent. and justice, especially under harsher conditions.
The campaign for the implementation of free irrigation
and the cancelling of farmers’ back accounts also continue.
55
CONCLUSIONS AND
RECOMMENDATIONS
OF THE INTERNATIONAL
FACT FINDING AND
SOLIDARITY MISSION
56
After a careful and thorough evaluation of testimonials and documentary evidence gathered from victims and
witnesses, the mission came up with the conclusion which clearly shows that the Duterte regime, through the
military, the police, paramilitary and auxiliary units, has committed cases of human rights violations ranging from
extrajudicial killings to torture, forced evacuation, modus of extortion through forced or fake admission
constant threat, harassment and intimidation, and surrender of civilians as NPAs. The gross violations
coercion, strafing, food and economic blockade of of the rights of the people in Mindanao are not random
the farmers and national minorities, among other violations. These are systematically carried out by the
violations of international humanitarian laws and Philippine Government as part of its internal security
socio-economic and cultural rights. program, Oplan Kapayapaan.
All these have intensified after the imposition of the The intense militarization of Mindanao apparently
Martial Law. There is enough evidence that establish aims to secure the region for local and foreign
the government’s utter disregard and lack of respect for businesses, as well as to “clear new areas” for more
the people’s basic rights to life, security, and even the investments. Under Duterte’s Build, Build, Build!
right to association and free assembly. infrastructure program, big-ticket projects in
Mindanao will be funded by foreign loans from
The people of Mindanao suffer the brunt of the international financial institutions like the Japan
extensive and continuous military offensive operations International Cooperation Agency (JICA) and Asian
even under the guise of peace and development efforts. Development Bank (ADB). The US Agency for
Military atrocities against civilians have been regularly International Development (USAID) also continues to
reported. Such atrocities are also directed against implement supposed development projects as part of
specific individuals and/or communities. Communities the counterinsurgency campaign.
and leaders who are opposed to large-scale mining,
environmental degradation brought about by so-called Instead of serving the needs of the people of
“development projects”, or those who dare resist and Mindanao, planned infrastructure like roads,
expose repression and/or assert their basic rights are bridges, airports, seaports and railway systems are
the ones targeted. They were tagged as members or meant to ease the transportation of agricultural and
supporters of NPA as justification to occupy their mineral products from large commercial plantations
villages and to harass and intimidate them. and mining sites in the region for export to other
countries. These projects and investments, mostly by
The Duterte government is directly responsible for the the country’s biggest oligarchs and landlords and their
intensification of rights violations against the civilian foreign patrons, will require thousands of hectares
populace. With the cancellation of peace talks with the of farmlands and ancestral lands and will lead to
CPP-NPA-NDF, the government devised a “reward the further displacement of millions of farmers and
system” which induces the military to intensify its indigenous peoples across Mindanao.
57
Recommendations 4. Stop all so-called “development projects” in
Mindanao, particularly those being carried out by
1. End martial law in Mindanao. Seek justice for multinational corporations in vast export crop plan-
the victims of human rights violations including tations, mining concessions and even government
victims of extrajudicial killings, torture, illegal arrest energy and infrastructure projects that have displaced
and detention, among others; or will displace peasant and lumad communities.
2. Pursue appropriate legal action to hold principal 5. Demand for the implementation of genuine agrarian
perpetrators and their accomplices responsible reform that shall include free land distribution to the
for grave rights violations, such as complaints for tillers, a comprehensive system of support services
violation of Republic Act 9745 or the Anti-Torture for the agricultural sector, and the respect of civil,
Law, Republic Act 9851 or the Philippine Act on political, cultural and economic rights of the toiling
Crimes Against International Humanitarian Law, rural people;
Genocide, and Other Crimes Against Humanity,
Murder, and other crimes punishable under the Re- 6. Withdraw the US-directed counter-insurgency
vised Penal Code and Special Penal Laws. Investigate program Oplan Kapayapaan which encourages state
and prosecute officials, judges, prosecutors and pub- security forces to assassinate, threaten, harass and
lic lawyers alleged to have connived wih the military arbitrarily detain farmers and lumads. End mili-
in the “forced surrender” extortion racket targeting tarization in the countryside, forcible evacuation and
peasant victims of trumped-up charges; military encampment in communities and civilian
structures. Dismantle COPD teams and paramilitary
3. Seek appropriate action from national and inter- groups legitimized by the government;
national human rights entities and legislative
bodies like the Philippine Senate and the House 7. Stop the vilification campaign against leaders, mem-
of Representatives. Hear the House Resolutions bers and supporters of legitimate and progressive
already filed in Congress calling for the probe on organizations. Dismiss trumped-up charges filed
the HRVs against peasants and national minorities against leaders and members of peasant and lumad
in Mindanao. Forward case reports, complaints and groups and communities. Recommend to the De-
appeals for appropriate action to the GRP-NDFP partment of Justice the review of all cases involving
Joint Monitoring Committee, UN bodies, as well as political prisoners, particularly of ordinary farmers
Roman Catholic Church entities such as the Cath- who are victims of forced surrender and trumped-up
olic Bishops Conference of the Philippines (CBCP) charges. Abolish the Inter-Agency Committee on
and the Vatican. Legal Action (IACLA) which is instrumental in filing
fabricated cases against farmers and civilians. Stop
58
the deportation of Sister Patricia Fox, and all other 9. Call on the Philippine Government to adhere and
threats against institutions, international advocacy
respect the Universal Declaration of Human Rights,
groups and individuals who stand with victims of
International Convention on Civil and Political
injustice and abuse.
Rights, International Convention on Economic, So-
cial and Cultural Rights, International Convention
8. Call for the resumption of the peace talks and on the Rights of the Child and, all major human
implementation of the Comprehensive Agreement rights instruments that it is a party and signatory.
on Respect for Human Rights and International
Humanitarian Law (CARHRIHL) signed by the
10. Encourage the public to stand with farmers and
Government of the Philippines and National Dem-
peasant communities to defend their basic rights
ocratic Front of the Philippines and build towards
against threats, harassment and intimidation and
the advancement of a Comprehensive Agreement
other violations justified by state forces under the
on Socio-Economic Reforms (CASER) to tackle free
context of martial law in Mindanao. Create broad
land distribution, genuine rural development and
resistance versus the abuses committed against the
national industrialization.
farmers and their supporters.
Push the Philippine Government to pursue its com-
Should the government fail to act on these cases, the
mitments under the CARHRIHL which includes
mission recommends that victims file complaints with
the right to freedom of thought, expression, freedom
the International Criminal Court and the United
of conscience, political and religious beliefs and
Nations Commission for Human Rights (UNCHR) for
practices and the right not to be punished or held
violations of IHL and Crimes Against Humanity against
accountable for the exercise of these rights, and the
President Duterte, the Philippine military and the police.
right to free speech, press, association and assembly.
59
acknowledgements
Bagong Alyansang Makabayan
Karapatan
Pesticide Action Network-Asia Pacific
People’s Coalition For Food Sovereignty
Nederlands-Filipijns Solidaritetit (Netherlands-Philippine Solidarity-NFS)
Pacific Asia Resource Center (Japan)
SERUNI (Indonesia)
MONLAR (Sri Lanka)
Bangladesh Krishok Federation
Bangladesh Labour Resource Center
Tamil Nadu Women’s Forum (India)
Usec. Marion Tan, National Anti-Poverty Commission
Cong. Uy
Cong Salon
Solidarity with the Poor Network
Coalition for Land, Against Martial Law and Oppression (CLAMOR)
Pagkakaisa para sa Tunay na Repormang Agraryo (PATRIA)
Taiwan Foundation for Democracy
Ruan Fu
Ryan Amper
Roda Gueta
Rosel Eugenio
Edna Bohol
Jerome’s Resto Bar (Visayas Avenue)
Julienne Dadivas (Hulyen)
SAKA IFFSM Prop Team
Mimi Salibio
Julius Villanueva
Alden Santiago
Clara Herrera
Mark Sanchez
Yo Salazar
Pam Mendoza
Gelo Suarez
60
list of participants/organizations
ACT Teachers Partylist
AGHAM
Altermidya
AMIHAN Federation of Peasant Women
Anakpawis Partylist
Atty. Jobert Pahilga
Atty. Maneeka Sarza
Asian Peasant Coalition (APC)
Barug Katungod Mindanao
BAYAN MUNA Partylist
Breakaway Media
Buffalo-Tamaraw-Limus Farmers Association (BTL)
Compostela Farmers Association (CFA)
Deacon RC Gumban, IFI
Efren Ricalde
Hugpungan sa mga Mag-uuma sa Mabini-Compostela (HUMABIN)
Hugpong sa mga Mag-uuma sa Pantukan (HUMAPAN)
Iglesia Filipina Indiependiente (IFI)
Kabataan Partylist
Kapunungan sa mga Mag-uuma sa Surigao del Sur (KAMASS)
KARAPATAN
KARAPATAN-Caraga
KARAPATAN-Southern Mindanao Region
Kilab Multimedia
Kilusang Magbubukid ng Pilipinas (KMP)
KMP-Caraga
KMP-Northern Mindanao Region
KMP-Southern Mindanao Region
Koalisyong Makabayan
Kreshok Bangladesh
Labour Resource Center-Bangladesh
Madaum Agrarian Reform Beneficiaries Inc. (MARBAI)
MONLAR – Sri Lanka
61
Movement Against Tyranny (MAT)
Nagkahiusang Mag-uuma sa Agusan Del Sur (NAMASUR)
Nagkahiusang Mag-uuma sa Agusan Del Norte (NAMASUN)
NARBAI
National Network of Agrarian Reform Advocates-Youth
PAN AP
PAN Philippines
PARC-Japan
People’s Coalition for Food Sovereignty (PCFS)
Rep. Sarah Elago
Rep. Ariel Casilao
Rep. France Castro
Rep. Carlos Isagani Zarate
Rep. Antonio Tinio
Rev. Jenny Corpuz, IFI
Rev. Christopher Abion, IFI
Satur Ocampo
Sr. Patricia Anne Fox, NDS
STICLC
Pambansang Lakas ng Kilusang Mamalakaya (PAMALAKAYA)
PANALIPDAN-Youth
Rural Missionaries of the Philippines-Northern Mindanao
Sama-samang Artista Para sa Kilusang Agraryo (SAKA)
SERUNI-Indonesia
Sentro Para sa Tunay na Repormang Agraryo
Sining na Naglilingkod sa Bayan (Sinagbayan)
Tamil Nadu Womens Forum
Tribal Oppressed Group Association (TINDOGA)
Unyon ng Manggagawa sa Agrikultura (UMA)
Unyon ng mga Mag-uuma sa Agusan del Norte (UMAN)
Unyon ng mga Manggagawa sa Agrikultura-SMR
Youth For Sovereignty (YFS)
62