Posts

UN report urges PH: Stop ‘misusing’ anti-terror measures vs. clergy, activists

A United Nations (UN) special mandates report raised serious concerns over repeated allegations of the Philippine government’s misuse of counter-terrorism and anti-money laundering laws against members of the clergy and other activists.   

Six UN Special Rapportuers said it received reports of arbitrary arrest, enforced disappearance, killing, and filing of fabricated charges against civil society activists from 2019 to 2023, spanning the second half of the Rodrigo Duterte government and the first year of the Ferdinand Marcos Jr. administration.

“We express our serious concern over the allegations of judicial harassment, office raids, targeted financial sanctions, asset freezing and other administrative sanctions against religious groups, Indigenous Peoples and organizations,” the experts also said.

In a report dated October 10, 2023 but only made public this week, the experts also expressed concern over the Philippine government’s over-broad definition of terrorism in its law, Republic Act 11479.

 “We note with concern that there appears to be an observable trend in the Philippines, whereby individuals and groups associated with churches, who are living out their faith through development and humanitarian work, have been linked by the government to CPP-NPA-NDFP (Communist Party of the Philippines-New People’s Army-National Democratic Front of the Philippines),” the report reads.

“We also express serious concern about the seemingly broad and unchecked executive powers implicated by the allegations—particularly the discretion of the Anti-Terrorism Council to designate individuals and organizations as “terrorist” and the Anti-Money Laundering Council to adopt targeted financial sanctions thereafter,” it added.

The experts said the Philippine government has also employed its counter-terrorism financing oversight powers in a broad and arbitrary manner against non-profit organisations and individuals, including the Rural Missionaries of the Philippines.

The UN experts said it looked into reports on of 24 victims who included two bishops and other clergy, a journalist, indigenous rights advocates, lawyers, non-profit organizations and other human rights defenders.

The report said the Duterte government filed a reply to UN in 2020, assuring the international community of its compliance to international human rights standard but still urged Manila to provide those it charges with crimes “all appropriate legal safeguards.”

The experts’ findings were submitted to the UN Human Rights Council by UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Fionnuala Ní Aoláin.

Aolain was joined in the report by Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Clement Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; José Francisco Cali Tzay, Special Rapporteur on the rights of Indigenous Peoples; and Nazila Ghanea, Special Rapporteur on freedom of religion or belief

“We are concerned that such measures risk obstructing the delivery of vital and well-protected humanitarian, human rights and development services,” they said, adding such moves violate the Philippines’ human rights obligations under international law. # (Raymund B. Villanueva)

CPP: All 19 in ATC list ‘courageous, honorable revolutionaries’

The persons recently designated by the Anti-Terrorism Council (ATC) as terrorists are either poor or have chosen to be poor because of their desire to serve the people, the Communist Party of the Philippines (CPP) said.

In a reaction to the ATC’s designation of 19 of its alleged top leaders as terrorists, the CPP said all those listed are honorable revolutionaries who have served the cause of the Filipino people for national and social liberation all their lives.

“Throughout the past decades, they have courageously stood side by side with the people and struggled against dictators and tyrants. They all have sacrificed personal ambition and selfish interests,” CPP chief information officer Marco Valbuena said in a statement Friday.

Valbuena said those named are now in their sixties and seventies and three of them are in jail even as they are well-known National Democratic Front of the Philippines Negotiating Panel (NDFP) consultants who attended peace negotiations with the Rodrigo Duterte government here and abroad.

The three are Vicente Ladlad, Rey Claro Casambre and Adelberto Silva who have been separately arrested after Duterte cancelled formal peace negotiations and were uniformly charged with the non-bailable offense of illegal possession of firearms and explosives.

“Unlike Duterte, these revolutionaries have only the clothes on their back to count as their wealth. They do not accumulate money from the government nor fleece the people with taxes,” Valbuena said.

The CPP spokesperson added the 19 revolutionaries do not hide money in China or elsewhere and have repeatedly proven themselves to be true to the “people’s cause”.

Aside from Ladlad, Casambre and Silva, the ATC designated NDFP chief political consultant Jose Maria Sison, New People’s Army (NPA) National Operations Command spokesperson Jorge Madlos, NDFP Negotiating Panel interim chairperson Julietta de Lima, NDFP Negotiating Panel Member Benito Tiamzon and NDFP peace consultants Alan Jazmines, Wilma Tiamzon, Ma. Concepcion Araneta-Bocala, Tirso Alcantara, Pedro Codaste, and Loida Magpatoc as so-called terrorists under the controversial Anti-Terrorism Act of 2020.

The list also includes alleged CPP officials Abdias Gaudiana, Dionesio Micabato, Myrna Sularte, Tomas Dominado and Menandro Villanueva.

All 19, except for Sison and Araneta-Bocala, are from lower middle class or poor origins.

Sison was born of a landed and politically-influential family in Ilocos Sur while Araneta-Bocala was of the landlord class in Panay Island.

Both said they rid themselves of their respective families’ economic interests when they joined the revolutionary movement in their youth.

While the 19’s terrorist-designation needs a court order to become official, however, government agencies may freeze their bank accounts and other assets.

Appeal to BSP

Ladlad’s wife Fides Lim said her husband’s only bank account may be frozen by the ATC terrorist listing.

“Vic is a poor man. The only huge deposit or entire property under his name is the compensation he received from the Human Rights Victims’ Claims Board in May 2018,” Lim said Friday, May 14.

Lim said Ladlad’s bank account with the government-controlled Land Bank includes the reparation for his sufferings as a political prisoner during martial law and for the disappearance of his first wife Leticia Pascual Ladlad in November 1975.

Ladlad wants to use his money for the treatment of his various illnesses such as asthma and chronic obstructive pulmonary disease as well as food support in jail, replacement of his hearing aid reportedly stolen when he was arrested and to extend assistance to his mother who died last December while he was already in jail, Lim said.

Lim, also political detainee support group Kapatid spokesperson, revealed that the Bangko Sentral ng Pilipinas and its governor Benjamin Diokno may move to freeze Ladlad’s bank account.

“I came from the Land Bank this morning (Friday) and I know what you are up to as the designated chair of the Anti-Money Laundering Act in relation to implementing orders from the Anti-Terrorism Council regarding my husband,” Lim said.

“This is blood money. Don’t be complicit in the McCarthy witchhunting spree of the Anti-Terrorism Council. Only Vic has the right to his compensation claim,” she added.

Lim reminded Diokno that the arresting team pilfered his Land Bank ATM card and used it to steal money when Ladlad was arrested on November 8, 2018.

Lim said she filed a complaint with the Land Bank and it took over a year before she was able to recover what was stolen.

“I will safeguard every centavo of Vic’s deposit in the Land Bank. To BSP Gov. Benjamin Diokno: This is blood money. Don’t be complicit in the McCarthy witchhunting spree of the Anti-Terrorism Council. Only Vic has the right to his compensation claim,” Lim said.

‘Unconstitutional’

Ladlad protested his inclusion in the ATC terror list as a gross violation of his right to due process.

In a statement, Ladlad said he was never informed by the ATV that he has been charged as a “terrorist” and was never given the opportunity to refute the charge.

“I firmly state that I am not a terrorist. It is the Anti-Terrorism Act in its too vague definition of terrorism and its expansive list of “acts of terrorism” that enabled the authorities to easily brand my political

Baylosis for his part said he vehemently decry and object to the ATC resolution designating alleged CPP Central Committee members as so-called terrorists.

“In my case, the latest ATC order disregards an earlier preceding Manila RTC (Regional Trial Court) decision in the third quarter of 2018 that I was not one of the ‘terrorists’ named in the first GRP proscription suit against the CPP-NPA,” Baylosis said.

Baylosis added that he was also freed from detention in early 2019 based on two Quezon City RTCs final ruling on “false, fabricated non-bailable” charges of illegal possession of firearms and explosive.

Casambre’s family said his inclusion in the list is a desperate move by the government and itself “terroristic” attack.

“Rey Casambre is a teacher and scientist, not a criminal. He is a peace activist, not a terrorist,” his family said. # (Raymund B. Villanueva)