BEHIND THE SCENES

Alfred P. Dizon
Terrorizing IP communities

Like James Balao who was abducted by alleged military agents on Sept, 17 in La Trinidad, Benguet and who is still missing, constituents not only in the Cordillera but nationwide continue to suffer human rights violations as elements of the Armed Forces of the Philippines continue to terrorize the countryside under the State’s Oplan Bantay Laya.

This, according to rights advocates like the Cordillera Human Rights Alliance who said the OBL had been instrumental in drastic and massive extrajudicial killings and enforced disappearances in the country since 2002 as it targets not only the Communist Party of the Philippines-New People’s Army-National Democratic Front but also peoples organizations labeled by the AFP as “sectoral front organizations” of revolutionary movements.
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Jude Baggo, CHRA secretary general said aside from political killings and enforced disappearances the AFP also threatens indigenous communities with a list that tags community members as afiliated to the CPP- NPA-NDF.

In a letter to the CHRA, the indigenous people of Tanglag, Lubuagan, Kalinga narrated that last Oct. 10, around 15 soldiers of the 21st IB of the Philippine Army led by a certain Lt. Camaganakan encamped in the community.

While in the community, the soldiers reportedly called for a community meeting where they showed a list of alleged former NPA, NPA contacts and supporters and that those people in the list must clear their names. The soldiers also investigated some residents. The letter said soldiers also illegally conducted a census in the community.

Tanglag residents asserted people on the soldiers’ list were not NPA supporters, contacts or former members but community residents and members of people’s organizations. “Agamak kami nga umili iti mabalin nga mapasamak nga panaglabsing ti karbengan pang-tao iti kaada da (soldado)kas iti napasamak ti Barangay Dupag, Tabuk; Barangay Poswoy, Balbalan and Barangay Uma, Lubuagan,” (We fear of possible human rights violations the soldiers might inflict on us just like what happened in Barangay Dupag, Tabuk; Barangay Poswoy, Balbalan and Barangay Uma, Lubuagan) the letter read.
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Earlier in September, indigenous people of Tonglayan, Natonin, Mountain Province reportedly suffered a similar ordeal. Initial data showed around 25 names of Natonin residents were found in the AFP’s list.

The indigenous people of Pananuman, Tubo, Abra who have barely recovered from economic dislocation and trauma bought about by the military bombings on March to April were again reportedly subjected to another round of bombings in their community from Sept. 25 according to the Abra Human Rights Alliance.

The AHRA staff members were hindered from proceeding to the area due to intense military presence and surveillance and harassments against them. Airene Timbreza, AHRA spokesperson reported she received death threats recently.

At present there are a total of 19 regular companies, one division reconnaissance company (3rd), six service companies (HQ Coys of brigade and battalion), and four support units of the Philippine Army of the AFP deployed in Northwestern Luzon.
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The CHRA said, in addition, Task Force Montañosa was formed in Nov. 2006 for counter insurgency operations. It is composed of the 41st IB, 50th IB, 54th IB, 53rd Recon Coy, 21st IB and the Philippine National Police-Regional Mobile Group Cordillera Administrative Region (PNP-RMG CAR). Its operations are along the boundaries of Abra, Mountain Province and Ilocos Sur – defined as a “win” area under Operation Plan Bantay Laya II.

Militarized indigenous communities that experience human rights violations have been calling for a pull-out of military presence in their areas. The CHRA had been calling on the AFP respect the Comprehensive Agreement on Respect of Human Rights and International Humanitarian Law (CARHRIHL) and release Miguel Baliao, an alleged New People’s Army guerrilla who was wounded and captured last June 7 in Salapadan, Abra.

To date no criminal or civil charges have reportedly been filed against him. Baggo said the AFP does have the right to detain Baliao. He added that even if there are charges against him, he should be under the custody of the Philippine National Police.
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Baliao was captured while receiving emergency first aid from community members after an encounter between elements of the 50th IB, 5th ID of the AFP and alleged NPA members. For two days, while in the custody of the AFP, his wounds were reportedly left unattended until on June 9 he was finally admitted to the Gabriela Silang General Hospital in Vigan, Ilocos Sur.

Soldiers reportedly prevented Baliao’s family from visiting him. He was said to have been heavily guarded by armed soldiers even at the GSGH, intimidating medical professionals attending to him his family. A few days later he was transferred to the military hospital in Upi, Gamu, Isabela.

“To this day he is being arbitrarily detained in the said military camp,” the CHRA said, adding the AFP also threatened Baliao’s family that physical harm could come to the detainee or his brother, should an officer of the AFP would be dismissed from service should they bring the matter to court.

Military officials reportedly tried to trick Baliao into signing a document, supposedly an affidavit of voluntary hospital confinement, which in reality was an affidavit of voluntary Custody. He refused to sign the said document. Human rights advocates from the CHRA and lawyers who tried to visit Baliao were also reportedly denied and subjected to military interrogation.
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Baggo said under the provisions of the International Humanitarian Law, Baliao is considered a hors de combat and is entitled to protection as a prisoner of war. Article 41, Safeguard of an enemy hors de combat of the Protocol I of the IHL states that “A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be made the object of attack.”

According to IHL definitions a person is hors de combat if (a) he is in the power of an adverse Party; (b) he clearly expresses an intention to surrender; or (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape.

The article also provided that “When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety.”

The army can email us their response to these issues at: northphiltimes@yahoo.com