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"Red Hunt" Stories of Human Rights Violations in Time of Martial Law in Mindanao, 2018
"Red Hunt" Stories of Human Rights Violations in Time of Martial Law in Mindanao, 2018
RedHunt
Stories of Human Rights
Violations in the Time of
Martial Law in Mindanao
February 2018
Contents of this book may be quoted from or copied so long as the source/authors
are acknowledged. The Mindanao Observatory for Human Rights and its consortium
member organizations do not guarantee that information contained in this book is appropriate
to every possible circumstances and shall not be held liable for any damage incurred as a result
of its use.
About the cover: Martial Law has placed much of the island’s peoples on the cross hairs of brutal
repression. As sitting duck targets, the number of victims continue to rise by the day.
The MOHR is a consortium of rural poor civil society organizations and human rights
organizations established to monitor, document, and report attacks against Human Rights
Defenders especially with the declaration of Martial Law in Mindanao, Philippines. Its lead
organizations are the Rural Missionaries of the Philippines-Northern Mindanao Sub-Region
(RMP-NMR) and the northern Mindanao formations of KARAPATAN and the Union of People’s
Lawyers in Mindanao.
Additionally, this Report is published by RMP-NMR with the assistance of Lifeline Embattled
CSO Assistance Fund. The contents of this publication are the sole responsibility of MOHR and
its consortium member organizations and can in no way be taken to reflect the views of the
Lifeline Embattled CSO Assistance Fund.
Publisher:
Rural Missionaries of the Philippines
Northern Mindanao Sub-Region
(RMP-NMR), Inc
Office address:
Room 310, 3rd Floor, Diocesan Centrum
Salvador Lluch St., Poblacion
9200 Iligan City
Philippines
T/F: +63 (63) 303 1595
Mobile: +63 917 590 8804
E: info@rmp-nmr.org
W: www.rmp-nmr.org
Follow us at twitter: @rmpnmr
Like us in Facebook: @rmpnmr.inc
ISBN: xxxxxxxxxx
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v
We cannot be silent
We cannot be so quiet you could hear a pin drop in the face of these vicious
attacks against the dignity of our people and their defenders. Let us all
stand up for human rights against Martial Law in Mindanao—even if we
ourselves will be branded as terrorists for doing the right thing.
vi
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The solons once more turned their backs on the Filipinos in Mindanao who
exist in the fringes of society, who time and again are the sacrificial lambs
to political and economic agendas. They have forgotten that these sectors
too are part of their constituency—the sectors that compose the country’s
‘expendables’.
These are the terrorists the government is ‘protecting’ the Filipino people
from. And people supporting Martial Law conveniently forgot that the
society we live in now is actually on these expendables’ backs.
vii
The economic benefits we enjoy now have been built on the toil of millions
of laborers who had taken to the streets decades long ago, demanding
for just labor practices. Had they been silent, had they accepted their
oppression and exploitation as fate, most of us would still be slaving day
and night in cramped quarters, unable to access any opportunity of rising
beyond meager daily existence.
The civil liberties we have had been paid for with blood—from our colonizers,
from repressive and tyrannical governments. Had they not dare fight, we
would have continued to exist as second-class citizens of our country
which we could not call our own.
The diminishing power of the people to freely express their opinions and
complaints against state policies is an affront to our democracy. Democracy
is not only a matter of being able to participate in elections. Democracy
means the power is held by the people (demos)—not a few politicians, not
a few economic elites, and definitely not the military.
viii
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Table of Contents
01 Foreword
Chapter 5 44 Conclusion
Chapter 6 50 Recommendations
54 Postscript
ix
x
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xi
Foreword
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The government cited the “series of violent attacks committed by the Maute
group,” believed to be influenced by the global terrorist ISIS (Islamic State
of Iraq and Syria) group, in the Islamic City of Marawi as the rationale
behind the Declaration. 1
The Declaration was supposed to be in effect for only 60 days. But on July
22, 2017, the joint houses of congress voted to extend Martial Law until
the end of 2017 at the request of President Duterte. After upholding the
President’s declaration of Martial Law in its July 4 ruling, the Supreme
Court again affirmed the request for extension of the military rule up to
the end of 2017 in its December 5 decision. On December 13, Senate and
Congress again voted to support President Duterte’s another request for
Martial Law extension, this time, for a year.
1. Proclamation 216: Declaring a State of Martial Law and Suspending the Privilege of the Habeas Corpus in the Whole of Mindanao.
Office of the President, Malacanang Palace, Manila, May 23, 2017
2 GR 231771, Cullamat et al vs Duterte et al. Petition to the Supreme Court
1
Many human rights groups and people’s organizations also feared that
Martial Law would only result to intensified human rights violations against
the people of Mindanao—particularly the poor farmers, Lumad and the
Bangsamoro. The bloody history of former Pres. Ferdinand Marcos’ Martial
Law in 1972 was enough reason for them to understand the repercussions
of the military rule.
The same document observed that “a great many human rights defenders,
in every region of the world, have been subject to violations of their human
rights. They have been the target of executions, torture, beatings, arbitrary
arrest and detention, death threats, harassment and defamation, as well
3 ABS-CBN News. “Military to uphold human rights amid Mindanao martial law-army official.” 24 May 2017. news.abs-cbn.com/
news/05/24/17/military-to-uphold-human-rights-amid-mindanao-martial-law-army-official. Accessed 16 October 2017
4 UN Office of the High Commissioner for Human Rights, Declaration on Human Rights Defenders: http://www.ohchr.org/EN/
Issues/SRHRDefenders/Pages/Declaration.aspx
2
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3
Mindanao and its defenders
Rural poor organizations and their leaders are the first line of defense
of Mindanao communities asserting their rights over their lands and to
self-determination. These community leaders and organizations are aptly
defined as ‘Human Rights Defenders’ with their work falling under the
definition of ‘The Declaration on Human Rights Defenders’.
In the context of the Martial Law declaration taking off from the State’s
response to the Marawi Crisis, this Report details on the strings of human
rights violations committed against the Mindanaoans, with main focus on
Northern Mindanao as the most adjacent region to the besieged city.
The data and the stories presented in this Report are mainly sourced from
the human rights alerts released by member-organizations of the Mindanao
Observatory for Human Rights, reports from other partner organizations
and from various online sources, covering the period of May 23 up to
December 31, 2017.
4
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Produced for the Mindanao Observatory for Human Rights, the production
of this Report is led by KARAPATAN (Alliance for the Advancement of
People’s Rights) chapter in Northern Mindanao, in coordination with the
Union of People’s Lawyers in Mindanao (UPLM) and the Rural Missionaries
of the Philippines-Northern Mindanao Sub-Region (RMP-NMR).
Its lead organizations are the RMP-NMR, and the northern Mindanao
formations of KARAPATAN and the UPLM.
5
Chapter 1
Terrorist
Hysteria:
Launching pad
of military rule
in Marawi and
elsewhere in
Mindanao
6
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P res. Rodrigo Duterte issued Proclamation 216 that placed the whole
Mindanao island under Martial Law on May 23. 2017. This was in
response to the siege of armed men who identified themselves as
Dawlah Islamiya, but more popularly known by the surname of its leaders,
‘Maute’.
Initially, the scope of the declaration of Martial Law and the suspension of
the privilege of writ of habeas corpus was announced to be implemented
only in provinces with big Muslim populations such as Zamboanga City,
Basilan, Sulu, Tawi-Tawi and Maguindanao. Other regions were included
not only because of possible presence but due to the existence of New
People’s Army (NPA). 2
All the six regions in Mindanao have set up 17,494 checkpoint operations
and curfews in 129 cities.3 In Davao City, home and bailiwick of President
Duterte, Mayor Sarah Duterte ordered the lockdown of the city while the
military rounded up of more than 250 civilians without identification cards
and mostly belonging to a certain Moro tribe, based solely on a flimsy report
of terrorist presence in the area.4
1 Philippine Star. “Rody offers P20-M bounty for Hapilon, Maute brods.” 5 June 2017. https://beta.philstar.com/head-
lines/2017/06/05/1707206/rody-offers-p20-m-bounty-hapilon-maute-brods. Accessed on 12 October 2017
2 Presidential Communications Operations Office. “Press Briefing by Presidential Spokesperson Ernesto Abella with Department
of National Defense Secretary Delfin Lorenzana andDepartment of Foreign Affairs Secretary Alan Peter Cayetano.” 23 May 2017.
https://pcoo.gov.ph/may-23-2017-press-briefing-by-presidential-spokesperson-ernesto-abella-with-department-of-national-de-
fense-secretary-delfin-lorenzana-and-department-of-foreign-affairs-secretary-alan-peter-cayetano/
Accessed 12 October 2017
3 Davao Today. “Martial Law in Mindanao covers 17,494 checkpoint operations, curfews in 129 cities.” 30 June 2017. http://davaoto-
day.com/main/politics/martial-law-in-mindanao-covers-17494-checkpoint-operations-curfews-in-129-cities/.
Accessed 12 October 2017
4 Philstar Global. “Davao City rounds up at least 250 for having no ID.” 26 May 2017. https://beta.philstar.com/na-
tion/2017/05/26/1703803/davao-city-rounds-least-250-having-no-id. Accessed 12 October 2017
7
It was only a week later that the instructions on how to conduct the arrest
came out, and another week after the list of suspects were released. On
May 30, Department of National Defense chief and appointed Martial Law
administrator secretary, Delfin Lorenzana, issued General Order No. 1
instructing the AFP and other law enforcement groups to “immediately
arrest persons and groups who have committed, are committing, or
attempting to commit (acts of rebellion and lawless violence in Mindanao).”5
The second arrest order was issued on June 5, this time, with a list of
at least 186 individuals believed to be belonging to Moro armed groups
behind the attack in Marawi City, namely the Abu Sayyaf, Maute group,
Bangsamoro Islamic Freedom Fighters (BIFF), Maguid group and a vague
category of “known as perpetrators/supporters/couriers.” 6
5 VERA Files. “Vera Files Factsheet: Martial Law arrest orders and what they mean.” 19 June 2017. http://verafiles.org/articles/martial-
law-arrest-orders-and-what-they-mean. Accessed 12 October 2017
6 ABS-CBN News. “DND chief orders arrest of Abu Sayyaf, Maute, BIFF members, spies.” 09 June 2017. http://news.abs-cbn.com/
news/06/09/17/dnd-chief-orders-arrest-of-abu-sayyaf-maute-biff-members-spies. Accessed 12 October 2017
7 GMA News Online. “Only 12 of 200 persons of interest arrested during Martial Law Mindanao – Duterte.” 19 July 2017. http://www.
gmanetwork.com/news/news/nation/618641/only-12-of-200-persons-of-interest-arrested-during-mindanao-martial-law-duterte/
story/. Accessed 12 October 2017
8 SunStar. “Army records 132 arrests since Martial Law declaration.” http://www.sunstar.com.ph/cagayan-de-oro/lo-
cal-news/2017/08/31/army-records-132-arrests-martial-law-declaration-561423. Accessed 12 October 2017
8
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were tortured into admitting that they are terrorists.9 Another six cases of
illegal arrests were reported during the third FFM conducted on November
15-18 and more than 15 individuals who reported harassment from the
military. 10
In the months that would follow, warrantless arrests due to Martial Law
would target not only Moro civilians but even human rights defenders in
Mindanao. On June 29, a checkpoint in Davao City has detained at least
five known human rights defenders, one was the secretary-general of a
local chapter of human rights group Karapatan.11 This sent a chilling
effect on other human rights defenders actively working in various areas
of the island.
Because of Spanish and American colonialism, the Moro people and other
indigenous groups in the Philippines were marginalized economically and
politically. Under the Philippine republic, they assert their right to self-
9 Davao Today. “Humanitarian Mission reports 309 cases of human rights violations in Marawi City.” 02 August 2017. http://davaoto-
day.com/main/human-rights/humanitarian-mission-reports-309-cases-of-human-rights-violation-in-marawi/ http://davaotoday.
com/main/human-rights/humanitarian-mission-reports-309-cases-of-human-rights-violation-in-marawi/. Accessed 12 October
2017
10 RMP-NMR Inc. “The Long Road to Justice.” December 2017. http://www.rmp-nmr.org/sites/default/files/downloads/NIHM%20
3LR.pdf. Accessed 20 December 2017.
11 Interaksyon. “Activists leaders held at Davao checkpoint for 5 hours.” 29 June 2017. http://www.interaksyon.com/activist-leaders-
held-at-davao-checkpoint-for-5-hours-karapatan/. Accessed 12 October 2017
9
determination such as the right to form their own government and rights
to their ancestral land. But despite existing peace negotiations with the
Philippine government, the Moro people’s resistance is often being connected
with international terrorists in the arena of the US’ global ‘war-on-terror’.
Even in evacuation, civilians were not safe from human rights abuses.
Freedom of movement is restricted with the security forces demanding
evacuees not only present their identification cards, but also to present
cedula (community tax certificate). This requirement was difficult due to a
limited supply of cedula, the extra cost of securing one, and the rigorous
background-check by their host local government.16 In her speech
before Congress, Samira Gutoc-Tomawis of the Ranao Rescue Team
detailed the violations faced by the evacuees in the hands of the military:
torture, psychological interrogation and being forced to strip in the
evacuation centers.17
During the first few days of their evacuation from the Islamic City of
Marawi, Meranao women were also subjected to sexual harassment by
some elements of the military following President Duterte’s rape jokes as
he rallied his soldiers to battle the Maute group.18 As residents were forced
to abandon their homes because of the air raids, their houses were also
illegally searched by the military and the police with some even bore the
paint of ‘ISIS-cleared’. However, there were several reports of looting of
properties by the military during lockdown in the city.
16 RMP NMR Inc. “National Interfaith Humanitarian Mission 2.” 15-16 June 2017. http://rmp-nmr.org/downloads/2017/08/02/high-
lights-report-nihm-20. Accessed 05 December 2017
17 Lara Tan, CNN Philippines. “Maranao turns emotional as she cites human rights vilations in Marawi.” 22 July 2017. http://cnnphil-
ippines.com/news/2017/07/22/Martial-law-Mindanao-Marawi-human-rights-violations.html. Accessed 17 October 2017
18 ABSCBN News. “Mission finds Marawi women scared of rape by soldiers; military questions report.” 22 June 2017. http://news.
abs-cbn.com/focus/06/22/17/mission-finds-marawi-women-scared-of-rape-by-soldiers-military-questions-report. Accessed 12
October 2017
19 H. Marcos C. Mordeno, Mindanews. “Our human rights are violated.” 27 July 2017, www.mindanews.com/top-stories/2017/07/
our-human-rights-are-violated. Accessed 18 October 2017
11
Highlight story 1:
They immediately held a protest rally on July 22 in Iligan City, the day the
Senate and Congress were deliberating President Duterte’s request for
an extension of Martial Law in Mindanao. Armed with plackards bearing
messages against aerial bombardment, the victims took turns in expressing
their opinions against Martial Law extension.
It was the first rally staged during Martial Law in an area nearest to the
Islamic City of Marawi. Soon after, the police and the military went to several
evacuation centers and warned the evacuees against joining Tindeg Ranao
and participating in protests, lest they get arrested and sent to jail. The
armed state forces also said that those who will not follow these orders
would not be given relief goods.
On July 24, the day President Duterte will deliver his second State of the
Nation Address (SONA) to the Philippine Congress, Tindeg Ranao again
staged a protest in Iligan City with other groups from neighboring provinces.
Despite of the harassment from the local police—to the point of illegally
detaining some of their colleagues and threats of detaining all participants
citing Martial Law for the arrests1 —they continued their rally presenting
their version of The State of the Marawi Evacuees.
1 Panalipdan Youth. “Members of youth support group harassed, detained by PNP.” 25 July 2017. mohr.ph/
members-of-youth-support-group-harassed-detained-by-pnp. Accessed 22 October 2017
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However, at the onset of Martial Law, the curtailment of rights was not
solely concentrated in Marawi City and other areas where there are a large
number of Muslims. A marked increase in the number of illegal arrests,
illegal detention, threats, and other rights abuses has also been documented,
mostly in rural areas outside of Marawi—silencing dissent, victimizing rural
poor organizations and community leaders who are known to advance the
social, economic and cultural rights of their respective localities.
20 RMP-NMR Inc. “Highlights of the Report of the NIHM 2.0.” 15-16 June 2017. http://rmp-nmr.org/downloads/2017/06/16/ini-
tial-report-national-interfaith-humanitarian-mission. Accessed 05 December 2017
13
Checkpoints and curfews were set up, not only in Marawi, but also in
other major areas in Mindanao, prompting a wave of arrests and illegal
detention of civilians.21 Across the island, bombs were also dropped in
Moro and Lumad communities that is not known lair of Maute group. The
targets were farming and indigenous communities resisting expansion of
plantations and extractive ventures.
On May 25, the AFP launched air assaults in Moro and Lumad villages in
President Roxas in North Cotabato and Damulog in Bukidnon, prompting
the evacuation of more than 250 families (more than 1,000 individuals)22.
Other areas bombed by the military were also reported by the national
minorities group SANDUGO, such as the communities in Compostela
Valley, Agusan del Sur and Saranggani.23 Earlier, President Duterte also
threatened to bomb Lumad schools in mineral-rich areas which he tagged
as schools of the NPA that is ‘being used to teach children to rebel against
the government’.24
21 Davao Today. “Martial Law in Mindanao covers 17,494 checkpoint operations, curfews in 129 cities.” 30 June 2017. http://davaoto-
day.com/main/politics/martial-law-in-mindanao-covers-17494-checkpoint-operations-curfews-in-129-cities/. Accessed 16 October
2017
22 Davao Today. “Martial Law in Mindanao: HR group records military abuses, HRW says ML increases abuses vs civilians, activists.”
28 May 2017. http://davaotoday.com/main/human-rights/martial-law-in-mindanao-hr-group-records-military-abuses-hrw-says-ml-
increases-abuses-vs-civilians-activists/. Accessed 12 October 2017
23 Bulatlat.com. “Mindanao Martial Law: Minors, students among civilians killed, missing in Marawi.” 13 September 2017. http://
bulatlat.com/main/2017/09/13/mindanao-martial-law-minors-students-among-civilians-killed-missing-marawi/. Accessed 12
October 2017
24 Associated Press. “Philippines: Duterte threatens to bomb indigenous schools.” 26 July 2017. https://www.theguardian.com/
world/2017/jul/26/philippines-duterte-threatens-to-bomb-indigenous-schools. Accessed 12 October 2017
25 CNN. “Duterte declares liberation of Marawi.” 17 October 2017. http://cnnphilippines.com/news/2017/10/17/Marawi-libera-
tion-Duterte.html. Accessed 02 December 2017
26 Pinoy Trending News. “President Duterte declares Liberation of Marawi, announces that NPA and Basilan are the next tar-
get.”https://pinoytrending.altervista.org/watch-president-duterte-declares-liberation-marawi-announces-npa-basilan-next-target/.
Accessed 30 November 2017
14
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on eradicating the NPA with the completion of AFP’s 8,000 new recruits by
November of which the majority will be deployed in Mindanao27. In northern
Mindanao, the 4th Infantry Division immediately deployed new battalion to
fight the NPAs on October 19 in south Bukidnon 28
where campaigns for
land rights of farmers and indigenous communities are notable.
With the collapse of the peace process, the President’s all-out war against
the NPA had been unleashed. But Jomorito ‘Datu Imbanwag’ Goayanon,
chairperson of Kalumbay Regional Organization, feared that the war
will impact the lives of many Lumad communities as in the past, and
expressed that this will be used as a blanket authority to target not only
armed revolutionaries, but also Lumad leaders campaigning for ancestral
lands and the right to self-determination29. The Rural Missionaries of the
Philippines-Northern Mindanao Sub-Region (RMP-NMR) Inc also feared
that the Lumad’s mere existence in remote areas will make them a target
for military operations, on top of their assertion of their rights over their
territories that necessarily go against the wishes of the State to take control
of the lands for economic interests30.
15
the militant organizations across the region, and is ready to arrest and
charge leaders and members of militant legal organizations whom the state
security forces earlier branded as ‘fronts’ of the CPP31. Gonda tagged the
militant organizations staging rallies on the streets as symphatizers of the
NPA whom the President tagged as ‘terrorists’ and ‘criminals’32.
16
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Members of Tindeg
Ranao calling for a
stop to aerial strikes
17
Chapter 2
Wounding
the hands
that till
the earth
18
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T he quest for land rights has always been at the heart of the
struggle of small farmers for social justice and democracy in
the history of the Philippines. In the 20th century, there have
been increasingly articulated and organized demands for land and services
forcing the state to enact laws and programs that would address these. This
was the result of committed and consistent work of farmers’ organizations
who see that poverty cannot be eradicated and justice served until the
agrarian sector is developed and the country becomes self-sufficient
especially in rice production which is the staple food of the majority of the
people.
But as some tactical gains in the struggle for land rights are being
subverted nationally, poor farmers have become the subject of many
human rights violations and of counter-insurgency program that has been
used as a blanket authority to attack farmer activists. Perhaps, because at
the core of CPP-NPA-NDFP’s program is promotion of agrarian revolution
and encouraging the vast number of farmers to fight for its realization,
farmers’ organizations are often tagged as members or supporters of the
revolutionary groups. These attacks against farmers further escalated
when Martial Law was declared in Mindanao.
19
Butuan City. The community, organized under the Unyon sa mga Mag-uuma
sa Agusan del Norte (UMAN), claimed that the 23rd Infantry Battalion of the
Philippine Army repeatedly launched a smear campaign and vilification that
their community members are elements or followers of the New People’s
Army, thereby making them as legitimate target of attacks.
2 Mindanao Observatory for Human Rights. “Chairperson of Farmers’ group receives threat from suspected military men.” 06 Octo-
ber 2017. mohr.ph/chairperson-of-farmers-org-receives-threat-from-suspected-military-men. Accessed 18 October 2017
3 Mindanao Observatory for Human Rights. “Leader of MisOr farmer’s group protests harassment, surveillance.” 02 December 2017,
mohr.ph/leader-of-misor-farmers-group-protests-harassment-surveillance. Accessed 22 December 2017
20
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4 Mindanao Observatory for Human Rights. “Leader of displaced fisherfolk threatened by state forces.” 08 December 2017, mohr.ph/
leader-of-displaced-fisherfolk-threatened-by-state-forces. Accessed 22 December 2017
21
On December 16, 2017, around 22 members of the 8th IB PA in civilian
clothes forced themselves inside the BTL Training Center in Dologon,
Maramag, Bukidnon. The soldiers were looking for BTL chairperson,
Winnie Loable. The previous day, the training center was also visited by
three military men who were looking for Limus head, Evaristo Fortin.
BTL Farmers’
Association leader
Winnie Loable
22
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The two were fetched from their homes in Mendis, Pangantucan, Bukidnon
by four members of the SCAA, as they are allegedly in the list of NPA
supporters. The two initially refused to go, but were threatened by the
armed State forces that it is Martial Law and they can’t refuse.
5. Mindanao Observatory for Human Rights. “8-month pregnant illegally arrested in Bukidnon.” 14 October 2017, mohr.ph/8-month-
pregnant-illegally-arrested-in-bukidnon. Accessed 21 October 2017
23
Angelica Regasajo of OGYON
Highlight story 2:
When she looked through the door, she saw armed soldiers. They told her they were
looking for her mother, Flora. Flora and Angelica have both been active members of
OGYON. The organization, at that time, was active in the campaigns demanding wage
increase and job security for agricultural workers in the area.
24
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She told the soldiers that her mother was not at home. The soldiers then
asked her to open the door. She did as she was told. The soldiers came
into the house, showing no search warrant. They went inside the rooms
while Angelica and her companions were left in the living room. After about
five minutes, the soldiers left.
Angelica was trying to console her niece who cried during the soldiers’
‘visit’ when she heard again a knock. She saw the same soldiers, again
ordering her to open the door. They again went inside the rooms, but
after a few minutes, they astoundingly ‘found’ live ammunition for an M203
grenade launcher.
Fearing for her sister’s life, Angelica’s brother Avie begged the soldiers to
let him accompany her, but they refused. They then took Angelica to the
Police Station in Quezon, Bukidnon where she was detained. A Criminal
Complaint of Violation of RA 9516 or Illegal Possesion was filed against her
by a Pvt. Jolmar Merceder.
25
This incident happened in the wake of an attack by alleged members of
the New People’s Army (NPA) against the Del Monte Company compound
(formerly owned by the Davao Agricultural Ventures in the nearby village
of Manahan.
Even if they did not find anything illegal at his house, the policemen then
dragged him to the village plaza. They then accused him in possession of
26
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bullets allegedly found at his house during their illegal search. He was
eventually taken to the Criminal Investigation and Detection Group (CIDG) in
Malaybalay City with his wife Amelia. Amelia was released the next day but
Alfredo was illegally detained until today for illegal possession of explosives. 6
The Esperas are flower growers and regulary sell their produce in Cagayan
de Oro City. They are also active members of the Kahugpungan sa mga
Mag-uuma sa Bukidnon (KASAMA Bukidnon), a farmer’s organization in
the province affiliated with the Kilusang Magbubukid ng Pilipinas.
Around 9pm of the said date, witnesses saw the couple being handcuffed
and dragged away from their house. The police and military claimed that
Gretchen and Ryan were members of the New People’s Army. They were
transported to the CIDG facility in Malaybalay City and charged with
illegal possession of explosives. They are still in prison as of this writing.7
6 Mindanao Observatory for Human Rights. “Baranggay Tanod illegally arrested in Pangantucan, Bukidnon.” 20 July 2017, mohr.ph/
baranggay-tanod-illegally-arrested-in-new-eden-valencia-city.” Accessed 22 October 2017
7 Mindanao Observatory for Human Rights. “Husband and wife illegally arrested, detained in Valencia City.” 14 July 2017, mohr.ph/
husband-and-wife-illegally-arrested-detained-in-valencia-city. Accessed 21 October 2017
27
Chapter 3
Shooting the
stewards
of Mindanao's
remaining lands
& forests
28
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The Lumad comprise about 2.1 million out of the total 6.5 million indigenous
people in the Philippines.1 The term ‘Lumad’ refer to the collective identity of
the 18 ethnolinguistic groups that are not Islamized or Christianized tribes
in Mindanao, namely Subanen, B’laan, Mandaya, Higaonon, Banwaon,
Talaandig, Ubo, Manobo, T’boli, Tiruray, Bagobo,Tagakaolo, Dibabawon,
Manguangan, Mamanwa, Kalagan, Matigsalog, Ata and Mansaka.
The election of Pres. Rodrigo Duterte, esteemed by many Lumad leaders for
his track record in the promotion and defense of Lumad rights as mayor
of Davao City and as chairman of the Southern Mindanao Regional Peace
and Order Council was seen as providing a positive climate for many
indigenous communities to pursue their struggle. Before occupying the
country’s highest office, Duterte reportedly defended Lumad schools under
attack, even issuing an agreement barring military presence in Talaingod,
Davao del Norte in 2014. He also offered sanctuary among Lumad who
1 National Council for Culture and the Arts. “Lumad in Mindanao.” 16 April 2015. http://ncca.gov.ph/subcommissions/subcommis-
sion-on-cultural-heritagesch/historical-research/lumad-in-mindanao/. Accessed 22 October 2017
29
experienced threats to their lives and safety. He offered protection for the
Manobo evacuees who sought sanctuary in the compound of the United
Church of Christ in the Philippines in Davao City after having been
displaced due to militarization in their community.
However, a year into his administration, the right to life, integrity, liberty
and security of the Lumad continuous to plummet as reported by the ‘Higala
sa Lumad’ Network in its published report titled, ‘State of Unchange’2. The
Lumad continue to confront cases of extra-judicial killings, illegal arrests
and detention, tortures and other ‘minor’ human rights violations such as
threats, harassment and intimidation perpetrated by state security forces
and various paramilitary groups.
30
The
Red Hunt
Program, but turned down the community since they believe is a pretext to
have the Sumifru company get hold of their ancestral land and convert it
to a banana plantation.
The Human Rights Defenders from among the Lumad, who are at the
forefront of the struggle for land against intrusive ‘development’ projects
often suffer the heavy price of defending their lands and their people.
Extra-judicial killing
Latuan told the armed group that should they intend to kill him, they should
spare the woman (Kaligunan). As soon as he finished uttering his words,
Mako Santos then fired two shots at Latuan, who died instantaneously.
4 Mindanao Observatory for Human Rights. “Another Lumad killed in Bukidnon.” 06 July 2017. mohr.ph/another-lumad-killed-in-
bukidnon. Accessed 21 October 2017
31
Threat, harassment and intimidation
Boy ‘Datu Mansuladlad’ Amado of Binicalan, San Luis Agusan del Sur
reported that on August 28, 2017, members of the 26th Infantry Battalion
of the Philippine Army showed his pictures to the community, asking for
his whereabouts. The military said that Datu Mansuladlad and other
residents were on their ‘list’ of members of the NPA. The military said that
if these ‘NPA members ’ do not surrender immediately, they will be hunted
mercilessly so they ‘better hide well.’
Datu Mansuladlad believes that these harassment and threats from the
military is linked to Tagdumahan’s strong opposition to mining companies
that want to enter their ancestral lands. The organization also opposed the
implementation of the National Greening Program of the Department of
Environment and Natural Resources (DENR) which they believe is just a
pretext to force them out of their land, imposing tree planting on land that
the indigenous communities farm.6
5 Mindanao Observatory for Huma Rights. “Members of Lumad group experience harassment from military in Opol, Misamis Orien-
tal.” 15 August 2017. mohr.ph/members-of-lumad-group-experience-harassment-from-military-in-opol-misamis-oriental. Accessed
21 October 2017
6 Mindanao Observatory for Human Rights. “Banwaon chieftain threatened, forced to surrender as rebel 19 November 2017. mohr.
ph/banwaon-chieftain-threatened-forced-to-surrender-as-rebel.” Accessed 20 November 2017
32
The
Red Hunt
The soldiers then asked her where are the ‘NPA supplies’ that Babatido and
Ebarat were supposedly hiding. Bongcasan said that she does not know
what the soldiers are asking about.
Seven armed soldiers, including one with a bonnet covering his face,
proceeded to enter the house without asking permission. They searched
inside, throwing things on the floor. After about ten minutes, the soldiers
33
went out and told Bongcasan to inform Babatido and Ebarat to “be careful”
as they know the two are active in their organization. The soldiers said they
will be back, and then left.7
Joseph Paborada,
leader of Pangalasag
7 Mindanao Observatory for Human Rights. “Members of Lumad group experience harassment from military in Opol, Misamis
Oriental.” 15 August 2017. mohr.ph/members-of-lumad-group-experience-harassment-from-military-in-opol-misamis-oriental.
Accessed 21 October 2017
8 Mindanao Observatory for Human Rights. “IP leader forced to surrender as NPA rebel.” 16 October 2017. mohr.ph/ip-leader-forced-
to-surrender-as-npa-rebel. Accessed 21 Ocetober 2017
9 Mindanao Obsevrtaory for Human Rights. “Lumad leader threatened anew in MisOr.” 10 December 2017. mohr.ph/lumad-leader-
threatened-anew-in-misor Accessed 22 December 2017
34
The
Red Hunt
Asilan Batao, Dodong Lampasan, Henry Lacubay and Leo Pangcat, all
members of the Lumad organization Kasilo were illegally arrested in Sitio
Gamot, Brgy. Sta. Filemona, Quezon, Bukidnon on November 10, 2017
by members of the 58th IB of the Philpppine Army. The Ata-Matigsalog
community in Quezon established Kasilo to promote and protect their
rights on their ancestral domains and for self-determination.
The four, farmers and residents of said barangay, were accused by the
military of being supporters of the NPA. The military attempted to bring
their captives to their headquarters in Maramag, Bukidnon. But the
members of the community accompanied their fellow Lumad and attested
that the four are civilians. They informed the military that if the latter
insisted to detain the four captives, then they might as well take everyone
from the village. Frustrated, the military decided to let go of the four.
35
While the ten were later released and turned over to the local police
authorities after the community leaders held a dialogue with the AFP,
Junty Sedom remains detained to this day for an alleged illegal possession
of explosives. Junty is a field worker of the DENR and an active member of
Kasilo (Kaugalingong Sestimang Igpapasindug tu’ Lumadnong Ugpaan), an
Indigenous Peoples’ organization in Bukidnon. Kasilo has maintained its
position against the entry of mining in the ancestral domain of the Manobo
peoples in Bukidnon.10
When Bayumbong asked for a search warrant, the soldiers replied that
they don’t need one as it is Martial Law. Lumingsa, on the other hand, was
forced to go with the armed soldiers after the latter threatened to detonate
a bomb that will kill his family. The three, members of Lumad organization
Pigyayungaan, were arrested by the PNP Provincial Public Safety Company
on August 23.
As of this writing, all three are still detained at the Provincial Detention and
Rehabilitation Center in Malaybalay City, Bukidnon. 11
10 Mindanao Observatory for Human Rights. “11 Tigwahanon individuals illegally arrested.” 26 June 2017. mohr.ph/11-tigwaha-
non-individuals-illegally-arrested. Accessed 21 October 2017
11 Mindanao Observatory for Human Rights. “3 members of Lumad org in Sumilao, Bukidnon illegally arrested and detained.” 24
August 2017. mohr.ph/3-members-of-lumad-org-in-sumilao-bukidnon-illegally-arrested-and-detained. Accessed 22 October 2017
36
The
Red Hunt
Highlight story 3:
The 11 men were apprehended by soldiers of the 68th Infantry Battalion of the 4th
Infantry Division who were conducting house-to-house searches, all without warrants,
in Sitio Alimpulos, Barangay Cawayan, San Fernando, Bukidnon.
Before the incident, one of the arrested, Junty Sedom and other residents were
conducting reforestation activities as part of the National Greening Program (NGP)
of the DENR in their community. They ceased their activities when armed soldiers of
the 6th IB arrived and posted around the area. The soldiers told them that they were
looking for rebels, and with hands behind their backs, the men were instructed to take
the soldiers to their respective houses.
The soldiers searched each house without having the residents accompany them
inside. After raiding the house of Junty Sedom, one of the men the military had
accosted earlier, the soldiers brought out a set of M16 bullets. The soldiers also told
the Tigwahonons that they found 15 M16 rifles. Sedom and 10 others were arrested
and detained for illegal possession of firearms and explosives.
The community decried the accusations and demanded the immediate release of
the eleven claiming the “evidences” or effects found during the search were planted
and introduced by the soldiers. The community leaders held a dialogue with the AFP
resulting to the release of ten Tigwahanons. Junty Sedom, however, was turned over
to local police authorities with charges of illegal possession of firearms and explosives.
He is currently detained in the Provincial Jail in Malaybalay City, Bukidnon.
This incidence clearly shows that Martial Law has been used as license for the AFP to
attack civilians. Martial Law, however, supposedly does not suspend the constitutional
and civil rights of the people, including the right of civilians to life, liberty and security
in their communities. This misinterpretation of Martial Law has led to the escalation of
human rights violations including the systematic and illegal house-to-house searches
and illegal arrest and detention of Lumad based on planted ‘evidences’.
37
Alejandro Barluado, Jonas Acosta, Noli Tahudan, Marlon Talatayod,
Julito Otacan, and Joel Trazona, all members of the Banwaon community
Barangay Balit, San Luis, Agusan del Sur were arrested on October 27,
2017 for fake charges of illegal possession of firearms.
All are members of community-based organization Tagdumahan which has
long been targeted by the military because of their vocal assertion of the
Banwaon’s ancestral domain targeted by logging and mining companies12.
The charges were made by 8th IBPA Sgt. Ramie Valle, Pvt Alfie Jauculan,
and Civilian Active Auxilliary members Nilo Bongcahan and Estelito Yawan.
They alleged that the accused were part of the NPA unit that ambushed
the 8th IBPA on March 30, 2017 in Sitio Saluringan, Brgy. Canangaan,
Cabanglasan. Valle and Jauculan were both wounded in said firefight.
The accused deny any involvement on said ambush and insist that they are
civilians. They find it suspicious as well that the accusers executed their
affidavits in September and October 2017, six months after their alleged
involvement in the ambush, and well into the declaration of Martial Law.
12 Mindanao Observatory for Human Rights. “Banwaon rights defenders arrested by military”. 27 October 2017. http://mohr.ph/banwa-
on-rights-defenders-arrested-by-military/. Accessed 03 November 2017
13 Higala sa Lumad’ Network, Katungod Lumad Alert. “9 Lumad leaders face trumped-up charges in Bukidnon.” 14 December 2017.
https://drive.google.com/file/d/1-GmLeHNuNb0ddASnftPj-C6qF5F-Sb55/view. Accessed 18 December 2017
38
The
Red Hunt
39
Chapter 4
Other Targets:
Human rights
advocates
& workers
40
The
Red Hunt
M
embers and staff of organizations directly involved in human
rights work were not spared from harassment and intimidation
from state forces.
The alleged asset also threatened her not to inform her colleagues about
the offer. Claiming that Martial Law is in place, the asset said that they
could easily file cases against her, put her in prison, and do the same to
her family. S/he also insinuated that they could rape her if she does not
cooperate.
Four men went to the Cabardo’s house and identified themselves as ‘working
for the government’. They told her father that the Cabardo was working for
the NPA. Her father denied this, and explained that she only does office and
field work. A day before, on November 20, Cabardo received a call from an
unregistered number. However, when answered, no one spoke on the other
line and only background noise could be heard.
41
Julito Otacan, one of the six HRDs arrested from indigenous group
Tagdumahan in Balit, San Luis, Agusan del Sur on October 27, is also a
field worker of RMP-NMR for the PPIHRP project. They were falsely charged
of possessing explosives and firearms.
RMP-NMR has long been working on land rights ever since it was founded
by the Association of Major Women Religious Superiors in the 1960s. As
the organization has been very vocal in its positions against government
policies that oppressed and marginalized the poor communities, it has
constantly been targeted by attacks from state forces. The organization
has been repeatedly accused of supporting the armed group, New People’s
Army, also active in the remote communities RMP-NMR serves.
42
The
Red Hunt
They said they were from the military and they knew Anglao’s whereabouts
and activities. They claimed Anglao was a member of the ‘Pulang Samahan’
and the military was out to get him and his comrades. He, according to the
men, had the highest bounty on his head amounting to P500,000.00. They
boasted that the Marines would surely capture Anglao, and when they do,
they will have their time “playing” with him. They also reminded Anglao
that Martial Law was in Mindanao.
43
Chapter 5
Conclusion
44
The
Red Hunt
However, citing victims from Marawi City alone, Amnesty International has
documented abuses by the Philippine military against civilians including
detention and ill-treatment of fleeing civilians, looting of houses and
killing of civilians and wiping out entire neighborhood due to excessive
military airstrikes.2
1 Tricia Aquino, InterAksyon “Calida: Alleged human rights violations can’t be used to invalidate Martial Law extension” 17 January
2018, www.interaksyon.com/calida-alleged-human-rights-violations-cant-be-used-to-invalidate-martial-law-extension. Accessed 22
January 2018
2 Amnesty International. “Philippines: ‘Battle of Marawi’ leaves trail of blood and destruction.” 17 November 2017. https://www.
amnesty.org/en/latest/news/2017/11/philippines-battle-of-marawi-leaves-trail-of-death-and-destruction/. Accessed 18 January 2018.
45
least 29 victims of extrajudicial killings in the Mindanao. Karapatan also
documented 15 cases of torture, 23 victims of frustrated extrajudicial
killings, 58 victims of illegal arrest and detention, 335,686 victims of
indiscriminate gunfire and aerial bombings.3
3 KARAPATAN - National “Martial law meant open season for killings, rights abuses in Mindanao” 06 December 2017, www.karapatan.
org/Martial+law+meant+open+season+for+killings%2C+rights+abuses+in+Mindanao. Accessed 21 December 2017
4 Rappler.com. “PH gov’t budgets P50M for oil palm plantation.” 21 August 2015. https://www.rappler.com/business/industries/247-ag-
riculture/103313-ph-oil-palm-plantation-expansion. Accessed 16 October 2017
5 Inquirer.net. “177,000 ha of Mindanao land eyed for palm oil.” 25 May 2013. http://newsinfo.inquirer.net/415303/177000-ha-of-mind-
anao-land-eyed-for-palm-oil#ixzz57NZz41Wo. Accessed 16 October 2017
46
The
Red Hunt
Upon looking at the profiles of the victims of Martial Law outside Marawi,
many are HRDs—leaders and members of rural poor organizations who are
active in the movement for land rights, including access to resources and
the right to a self-determined development.
Easily, the government equated the struggle for human rights into rebellion,
and consequently, subverted its definition into terrorist acts. Thus, the Red
Hunt started to unfold. The dictum, “kill one, terrify a thousand,” is at work
here. An attack against an HRD gives a chilling effect to community members
and forces them to submit to ‘development’ projects encroaching their lands.
The situation, most importantly, underscored the fact how the State—the
body which is supposed to protect the HRDs—did not only fail to fulfill its
duties and responsibilities in implementing and respecting the provisions
of the UN declaration on HRDs, but has become the principal assailant
of HRDs. It implemented the military rule in Mindanao that prepared the
field for the systematic attacks against leaders and members of rural poor
organizations and their advocates.
6 Sandugo.org. “It is investors, military and Duterte making trouble in ancestral lands.” 02 February 2018. sandugo.org/statements/
it-is-investors-military-and-duterte-making-trouble-in-ancestral-lands-sandugo. Accessed 07 February 2018
7 Mick Basa, Rappler.com. “Duterte to find investors for ancestral domains” 01 February 2018. www.rappler.com/nation/195043-dute-
rte-find-investors-ancestral-domains. Accessed 07 February 2018
47
In Northern Mindanao Region, there have been a surge of cases of threat,
intimidation, and judicial harassment (trumped-up charges, arrest and
detention) against leaders and members of rural poor organizations. The
targeted HRDs recorded high among the farmers communities and the
Higaonon and Manobo people from two provinces in Northern Mindanao—
Misamis Oriental and Bukidnon. These are the expansion areas of
Del Monte pineapple plantation (Bukidnon) and the A. Brown oil palm
plantation (Misamis Oriental).
A number of those arrested gave stories of how the police and the military
planted explosives and firearms in their houses, while conducting
searches—forcing their way to their houses without warrants. Illegal
possession of explosives is a non-bailable offense that is often used to
charge human rights defenders and activists.8 This is also the charges
filed to known members of NDFP and the CPP.9
Before the end of the year, the Duterte administration was able to lay down
the legal basis for the attacks against HRDs, civil society organizations and
administration critics.
8 Campaign Human Rights Activists. “Arrest of UP Clark Students appears to be illegal.” 13 August 2014. http://www.chrp.org.
uk/2014/arrest-of-up-clark-students-appears-to-be-illegal/. Accessed 13 December 2017
9 GMANewsOnline. “Case filed vs. Tiamzon couple for illegal possession of firearms, explosives.” 24 March 2014. http://www.gmanet-
work.com/news/news/nation/353933/case-filed-vs-tiamzon-couple-for-illegal-possession-of-firearms-explosives/story/. Accessed 13
December 2017
48
The
Red Hunt
While the Philippine Congress approved the chief executive’s request for
an extension of Martial Law in Mindanao, the President released two
proclamations (PP 360 and PP 3374) declaring the NPA as terrorists with
direct orders of shooting them on sight and expanding the identification
of terrorists as those directly or indirectly supporting the NPA and
sympathizing with their cause—feared to be used as a license to attack
even those activists operating in broad daylight.
No matter how the State drumbeats that Martial Law—and the two
succeeding proclamations—is free of human rights violations, the
individual and collective experience of the Mindanaoans from the ground
is entirely opposite: President Duterte’s military rule encouraged more
impunity among state forces to silence any opposition to the government’s
agenda. And the last seven months of 2017 have become an open season
for attacking people’s rights and for hunting down land rights activists
in this island down south of the Philippines perennially punctuated by
poverty and strife.
49
Chapter 6
Recommendations
50
The
Red Hunt
T
aking off from the tenets of this Report’s conclusions, the
Mindanao Observatory for Human Rights calls on the Philippine
government to lift Martial Law in Mindanao and allow the civilian
authorities to function and address human rights violations.
Alongside with the military rule in Mindanao, PP 360 and PP 374 should
as well be revoked since these further encourage impunity of the state
security forces in committing human rights violations against legitimate
people’s organizations. Instead of terror-tagging the CPP-NPA-NDF, the
Philippine government should resume talking peace with the Reds. It is
especially true now that both parties—before the termination of the Talks—
had already crafted the draft agreement on socio-economic reforms that
will address the root cause of poverty, under-development and armed
conflict in Mindanao and the rest of the country.
51
b. Invite the UN representatives (rapporteurs) to visit the Philippines
and assess the human rights situation in Mindanao and the attacks
against HRDs.
e. Assure at all times that HRDs in Mindanao are able to carry out
their legitimate human rights work without fear of retaliations.
52
The
Red Hunt
53
Postcript
Beyond this Report, the red hunt continues, getting more vicious.
Lopez, 55 years old and a former barangay councilman, has been active
in various campaigns for the interests of farmers and farm workers not
only in his hometown, but also in the province of Bukidnon. He reportedly
received a call from someone, who according to family members, identified
himself as a member of the Philippine National Police in Quezon a week
before his death, instructing him to “surrender to the Philippine Army”.
He was alleged to be a supporter of the NPA. Disputing the accusations
against him, Lopez refused to heed their instruction.
54
Published with the support of
Lifeline Embattled CSO
Assistance Fund.