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Paglabag sa karapatang pantao sa ngalan ng Memo 32 ni Duterte

Nagtungo sa Kamaynilaan noong nakaraang buwan ang ilang residente ng Samar para ang paglabag sa kanilang karapatang pantao sa ilalim ng Memorandum Order No.32 ni Pangulong Duterte na tinatawag din nilang ‘de facto martial law’.

Narito ang kwento nina nanay Bienvenida Cabe na pinatay ang kanyang anak habang nangangaso sa kagubatan noong Mayo at si nanay Prescila Lebico na ang asawa ay isang barangay captain na pinatay noong Abril.

Panawagan nila ang hustisya at pagbasura sa naturang Memorandum na lalong nagpapatindi ng pang-aatake sa mamamayan hindi lamang sa Samar kundi sa Bicol at isla ng Negros.

Bidyo ni: Joseph Cuevas/ Kodao Waray-Pilipino translation: Frenchiemae Cumpio/ Eastern Vista Background music credit Title: The End Type of music: Chillstep Mood: Sad / Emotional Download: https://soundcloud.com/day7official/

Counterproductive counterinsurgency

By Sonny Africa

Development policymaking is hard enough as it is – the Philippines after so many decades of so many development plans is a case in point. Now the military wants to take that over as well? The government’s whole-of-nation approach where the military hijacks governance will just make the country’s maldevelopment worse.

Authoritarian creep

Pres. Rodrigo Duterte’s authoritarianism of course started with a big bloody bang – the thousands of urban poor the government killed in a show of intimidating force. The militarist takeover of government took a little bit longer but is well underway. The transformation has a thin veil of legality but the nation is as far away from real democracy as it has ever been.

The Duterte administration’s brand of militarism started with the National Security Policy (NSP) 2017-2022 it released in April 2017. Conspicuously, national security was defined broadly to “[encompass] virtually every aspect of national life and nation-building” where “economic development and security are inextricably linked”.

While conceptually valid, in retrospect these were less a sign of vision than gross and insidious ambition. It is difficult to credit a military establishment notorious for human rights violations, unwarranted violence, lying and deceit with having positive long-term aspirations. On the other hand, the appetite for dictatorship is easier to see.

The National Security Council (NSC) prepared the NSP. This collegial body includes many Cabinet members and legislators but is really dominated by the security sector – especially by the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

The broad definition of national security was immediately used to give the military and police an entry point into everywhere else in government. Executive Order (EO) No. 16 was released simultaneously with the NSP. This directed that “all government departments and agencies, including government owned and controlled corporations (GOCCs) and local government units (LGUs), shall adopt the NSP 2017-2022 in the formulation and implementation of all their plans and programs which have national security implications”. This is a far-reaching mandate because, according to the NSP, virtually everything has national security implications.

This was followed by the National Security Strategy (NSS) in 2018. The NSS was prepared by National Security Adviser Hermogenes Esperon and presented as a “blueprint [to] foster better coordination, synchronization and cohesion of government functions”. Its sweeping strategy included “the combined, balanced and effective use of the instruments of national power, namely: political and legal, diplomatic, informational, intelligence, economic, and military and law enforcement”.

Ominously, Pres. Duterte called for Filipinos to “stand behind our national security apparatus” and “strengthen the foundations of a secure, peaceful, modern and prosperous Philippines”. Towards this, the president gradually appointed 73 military and police officials to civilian positions in at least 46 agencies. There are now more military and police officials in government than at any time since the Marcos dictatorship nearly 50 years ago.

They were made heads in 38 of these as Cabinet secretaries, director generals, chairpersons, executive directors, administrators or presidents. As it is, former military and police officials account for 11 of 50 cabinet and cabinet-level officials or one-fifth of the Cabinet.

President Rodrigo Roa Duterte presides over a meeting with the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) at the Malacañan Palace on April 15, 2019. SIMEON CELI JR./PRESIDENTIAL PHOTO

Authoritarianism now

All this fell into place when Pres. Duterte issued EO No. 70 in December 2018 creating the so-called National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). The EO invoked the armed conflict to justify creating the task force and institutionalizing a “whole-of-nation approach” that will “integrate and harmonize the various efforts of the whole of government and of all sectors of society”.

Pres. Duterte is National Task Force Commander and chairperson with Esperon as vice chairperson. This places Esperon second only to the president at the top of an expansive organizational structure encroaching on virtually every government agency that matters, reaching from the regional to the barangay level nationwide. They preside over 18 Cabinet officials and two private sector representatives.

The high-level task force includes the secretaries of national defense, interior and local government, and justice as well as the AFP chief of staff, PNP director general, National Intelligence Coordinating Agency (NICA) director general, and Presidential Adviser on the Peace Process. Propaganda is handled by the Presidential Communications Operations Office (PCOO) Secretary.

To cover socioeconomic development concerns, the group also includes the secretaries of economic planning, finance, budget and management, public works and highways, agrarian reform, education, and social welfare and development, as well as the Presidential Adviser for Indigenous People’s Concerns, National Commission on Indigenous Peoples (NCIP) chairperson, and Technical Education and Skills Development Authority director general.

The 17 regional task forces (RTFs) under the NTF-ELCAC are each chaired by a Cabinet Officer for Regional Development and Security (CORDS) designated by the president. The military and police officials in the Cabinet are handy for this — eight (8) of the 17 Cabinet members appointed as CORDS are former military officers: Esperon (NSA), Carlito Galvez (Presidential Peace Adviser), Eduardo Año (DILG), Gregorio Honasan II (DICT), Roy Cimatu (DENR), Eduardo del Rosario (HUDCC), and Delfin Lorenzana (DND).

The RTFs supplant regional structures in place and merge the existing Regional Development Councils (RDCs) and Regional Peace and Order Councils (RPOC). RDCs are the highest policy-making and direction-setting bodies for overall socioeconomic development in the regions. The RDC is composed of all governors, mayors, and development-related line agency regional directors. Upon EO No. 70, RDCs are also adding active military and police officials as special non-voting members.

RPOCs take up major issues and problems affecting peace and order. RPOCs are also composed of all governors, mayors, peace and order-related line agency regional directors, plus AFP commanders. Similar task forces are organized at the provincial, city/municipal, and barangay level. In effect, all these far-reaching multi-stakeholder bodies are put in a direct chain of command under the NTF-ELCAC and the national security adviser. This cumulatively amounts to hundreds of task forces nationwide and potentially even thousands if barangay efforts are counted.

The NTF-ELCAC’s seemingly disproportionate budget of just Php522 million belies its influence. All the memorandum circulars implementing EO No. 70 are clear that “the budgetary requirements for the implementation of EO No. 70 may be authorized chargeable against the respective LGUs and agencies in accordance with EO 70”. Regular agency budgets are put at the service of the NTF-ELCAC.

The NTF-ELCAC is fully up and running. The first RTF-ELCAC was organized in CALABARZON in February 2019 and the first provincial PTF-ELCAC in Cavite in March soon after. The national task force approved its National Plan in its first meeting in April 2019, held in Malacañang.

Other regions and provinces followed suit to organize their respective task forces. One-day island group summits of regional task forces were held in Luzon, Visayas and Mindanao in October to all culminate in a national summit with Pres. Duterte.

This year has already seen a frenzied surge of EO No. 70 implementation-related activity at every level of government across the country. This has gone far beyond armed conflict areas and the government’s militarism has intruded into schools, urban poor communities, offices, media, embassies, international agencies, and elsewhere. A National Capital Region (NCR) task force was even created in September 2019 even if there are no signs of armed conflict or insurgents in Metro Manila. The NCRTF-ELCAC is a hammer and activists, critics and political opposition are the nails it will be used on.

President Rodrigo Roa Duterte presides over a meeting with the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) at the Malacañan Palace on April 15, 2019. SIMEON CELI JR./PRESIDENTIAL PHOTO

Hijacking development

EO No. 70 implementation includes weaponizing the law and criminalizing dissent. But it also in effect enables the military to hijack socioeconomic development policy for its militarist ends. Having construed national security and addressing the roots of armed conflict expansively, the national task force is broadly “authorized to evaluate, modify or integrate policies and programs” of government according to its plans.

The recent midterm update of the Philippine Development Plan (PDP) 2017-2022 is a case in point. This is regularly done for PDPs but there was something new this time around. Supplementary guidelines were issued to RDCs to “integrate” the NTF-ELCAC’s Cluster Implementation Plans in the updated regional development plans (RDPs) and regional development investment programs (RDIPs).

Accustomed processes were overridden and the NTF-ELCAC gave the RDCs plans to “mainstream” in the update. Regional planning committees were assigned to clusters as defined by the NTF-ELCAC, all of which had military officials from the defense department and AFP as members.

The national task force members include 18 government agencies. The various program clusters of the NTF-ELCAC implementation plan include most of these and 38 others, for 51 agencies in total. At least some of these agencies have created NTF-ELCAC “steering committees” to implement EO No. 70 and operationalize the national task force within their respective departments.

The problem with the national task force and the extensive machinery it creates is that it is, underneath a lot of development-speak and bureaucratese, still just another military scheme driven by a narrow-minded enemy-focused military mindset. It is essentially the Duterte administration identifying ‘enemies’ and using the full force of government against them.

EO No. 70 is not the military suddenly genuinely getting insights about the roots of underdevelopment and, much less, suddenly having the skills set to address this. The military is using the task forces to command resources for community programs, welfare services, and the like for its narrow counterinsurgency and anti-activism purposes. This muddles decision-making and prioritization according to actual development needs.

EO No. 70 is also being used to justify State security forces cracking down on development NGOs, people’s organizations, and all civil society groups whose advocacies the administration deems overly critical and putting it in a bad light. More to the point — the government is using all its political, legal, diplomatic, informational, intelligence, economic, military and police resources against any perceived domestic political opposition. In short, using all “the instruments of national power”.

The Duterte government is systematically going after organizations of workers, farmers, urban poor, youth, teachers, indigenous peoples, environment advocates, alternative media, cultural workers, disaster responders, and even researchers. Freedom of expression, freedom of assembly and even freedom of thought are under siege with the government deciding and enforcing what is and is not acceptable.

This gravely sets back prospects for real and democratic development. Curbing civil society suppresses a crucial check on government, stifles fresh development ideas upholding the rights of the majority, and constricts people’s participation in governance.

President Rodrigo Roa Duterte presides over a meeting with the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) at the Malacañan Palace on April 15, 2019. KING RODRIGUEZ/PRESIDENTIAL PHOTO

What is it all for?

At one level it is the Duterte administration coming down hard on the strongest voices against its authoritarianism, corruption, and policies enriching elites at the expense of the people. It is the Duterte clique putting down organized opposition to its self-serving agenda to stay in power and enrich itself.

But it is also much more than that. The Duterte government has come but, as with others before, it will also go. Unfortunately, what is happening is also the State pushing obsolete neoliberalism forward by eliminating obstacles to the market and to capital dominating every aspect of Philippine society. The groups being attacked have their own stresses and versions but nonetheless share a vision for a more just, humane and democratic Philippines.

This is consequential for the country’s political and economic prospects. We are in the middle of the Left and social movements violently being put down, under a thin veneer of rule of law, to increase the power of capitalists, landlords, and political elites. Activists are targeted because their clear politics, concrete organizations, and advocacies threaten the ruling class’s grip on power.

The ruling class embraces the Duterte government because it increases their wealth and profits: tax cuts on the rich and big corporations; infrastructure to keep the comprador economy humming and to preserve real estate wealth; privatization of transport, water, health and education; wage repression; land monopolies; and market- and capital-friendly policies all around.

The Philippines is in dire need of reforms and the sheer scale of the problem demands system-wide thinking and massive mass movement solutions. Yet the heavy-handed authoritarianism and military meddling in governance will just stoke even more unrest. This includes polarizing the nation and actually fueling the radicalism, and revolutionary armed struggles that the Duterte administration is so fearful of. #

(Kodao publishes IBON.org’s reports and analyses as part of a content-sharing agreement.)

Karapatan warns of more raids of activists’ offices

By Len Olea/Bulatlat

MANILA — Human rights alliance Karapatan warned of more raids and arrests of activists in the coming hours or days.

In a Facebook post, Karapatan Secretary General Cristina Palabay said that at least ten search warrants were issued by Quezon City Regional Trial Court Branch 89 Executive Judge Cecilyn Burgos-Villavert on October 30. Four of these warrants have been served so far.

Tondo, Manila – Search Warrant No. 5944
Paco, Manila – Search Warrant No. 5947
Escalante City, Negros Occidental – Search Warrant No. 5949
Bacolod City – Search Warrant No. 5953

“If all the search warrants issued by Judge Burgos-Villavert from No. 5944 to No. 5953 are offices and homes of members of people’s and human rights organizations, then we are looking at more raids in the coming hours or days,” Palabay noted.

Earlier today, policemen raided the office of Bagong Alyansang Makabayan-Manila in Tondo, Manila. Three activists were arrested and brought to the Manila Police District.

In a report, National Capital Region Police Office (NCRPO) Acting Director Brig. Gen. Debold Sinas said the Philippine National Police has been monitoring leaders of the Communist Party of the Philippines (CPP) in Metro Manila. Sinas even units from the Philippine National Police (PNP) headquarters are monitoring these personalities in coordination with the military’s Joint Task Force-NCR.

Copy-paste warrants

Villavert has been criticized for issuing what Karapatan called as “copy-paste” search warrants that have led to the arrest of 57 activists in Negros island and five activists in Metro Manila.

Karapatan noted that Villavert was also the judge who issued warrants for the arrest of National Democratic Front peace consultants Vicente Ladlad, Rey Casambre, Estrelita Suaybaguio, Alexander and Winona Birondo, and Villamor couple.

In a statement, the National Union of Peoples’ Lawyers (NUPL) also questioned Villavert’s actions.

Section 12 authorizes Executive Judges of Regional Trial Courts of Manila and Quezon City – as an exception to the general rule that it must be the court within whose territorial jurisdiction a crime was committed – to act upon applications filed by the police for search warrants involving, among others, illegal possession of firearms and ammunitions.

The same circular requires that such applications shall be personally endorsed by the heads of such agencies. The Executive Judges are also required to keep a special docket book listing the details of the applications and the results of the searches and seizures made pursuant to the warrants issued.

In this light, NUPL raised the following questions:

– Who, in the PNP, if any, endorsed the application for search warrant?

– Did the OIC PNP Chief personally endorse the application for search warrant?

– What was the basis, if any, of the application for search warrant to establish probable cause, considering serious and consistent assertions that the firearms and explosives were casually planted during the search?

– What was the basis of the honorable judge to grant the application and issue the search warrant?

– Did the honorable judge hear any witness, ask and document searching questions to personally determine the existence of probable cause as mandated by the Constitution and the Rules of Criminal Procedure?

– What was the reason behind and what really transpired during the meeting between the honorable judge and the police chief the day before the issuance of the warrant?

– Will the honorable judge make available at the proper forum and time the “special docket book,” which contains the details of the application for purposes of transparency and scrutiny?

– Why was there a need to apply for a search warrant in a faraway court when the same can be procured in a closer regional court without compromising secrecy and service of the warrant?

– Why is there seemingly a pattern to issue search warrants against political dissenters and critical groups from one and the exactly the same judge even if legally allowable?

“As the perceived bastion of fairness and justice, the Judiciary must relentlessly maintain its independence against actual or perceived interference and pressure exerted by other government branches. The bench and its members must not let themselves be used, or appear to be used, wittingly or unwittingly, as tools or minions of political persecution,” the NUPL said.

Progressive groups have called on the public to resist Duterte’s crackdown against critics. #

EO 70, ‘Whole-of-Nation Approach’ will escalate and prolong armed conflict, not end it

By Esperanza dela Paz

What do the following have in common?

– the recent spate of killings in Negros, Bukidnon, Bicol and elsewhere;
– the bombing of Lumad communities and closure of Lumad schools;
– the red-tagging, terrorist-branding and other attacks on activists;
– the AFP-invented ridiculous “Oust Duterte” conspiracies and conjured matrices;
– the trumped-up criminal and sedition charges, illegal arrests and detention of a broad range of critics of the administration;
– government’s termination of the peace talks with the NDFP and announcements; and
– fake news of NPAs “surrendering in droves.”

All of the above are part of the “whole-of-nation approach” (or WONA) being bannered by the AFP as the “new paradigm” that would “end the local armed conflict” or the “communist insurgency”.

Here are 10 things we the people should know about WONA but which the generals in the national security establishment are not telling us.

1) WONA is NOT a new paradigm or concept. It is an old, worn-out concept and approach derived from US counter-insurgency (COIN) doctrine. WONA is synonymously or interchangeably used with “comprehensive approach” in US COIN manuals to address persistent problems and difficulties in coordinating US military and civilian forest involved in “peace and stabilization” operations in countries they had invaded, occupied or intervened militarily such as Iraq, Afghanistan and Sudan. The difficulties are aggravated by the complexities of US forces dealing at the same time with the host or local government’s military, civilian agencies and the population at large. Studies show the WONA has not adequately solved these problems and difficulties.

2. The concept and program of involving civilian government agencies and the private sector goes as far back as 1992, in Ramos’ Oplan Mamamayan. Ramos realized from the failed COIN campaigns of the Marcos dictatorship (Oplan Katatagan) and Corazon Aquino (Oplan Lambat-Bitag) that the CPP-NPA cannot be defeated nor destroyed through military operations alone.

3. The Arroyo regime adopted the same US-directed “holistic approach to addressing the insurgency problem” in its 2001 National Internal Security Program (NISP 2001), better known by its AFP campaign Oplan Bantay Laya. The BIG difference — what was really NEW in Bantay Laya was the policy and practice of unleashing military operations to “neutralize” unarmed activists and leaders of progressive organizations in urban areas nationwide. These were tagged as “communist fronts”, “enemies of the state” and as “CPP-NA legal political infrastructure” that had to be destroyed in order to defeat the NPA. This brought about the horrific and unprecedented rise in extra-judicial killings from 2001 to 2006.

4. In 2006, then AFP Chief-of-Staff Gen. Esperon declared Oplan Bantay Laya an unqualified success, claiming it cut NPA strength by 5,000, from 12,000 to 7,000. Arroyo unabashedly displayed her approval of and elation over the bloody, murderous campaign by specially citing and congratulating the notorious Gen. Palpoaran in her 2006 SONA for “doing good work”.

5. Arroyo’s NISP 2007 (or Oplan Bantay Laya 2) is described in AFP documents as “enhanced NISP 2001”. It refurbishes the political, information, economic and security aspects of the “holistic approach” into “5 offensives” – political, legal, strategic communications, economic and military – and “3 programs” – DDR (disarmament-demobilization-reintegration), amnesty, and human rights. Extra-judicial killings off unarmed activists and leaders continued, but scaled down as a result of universal outrage and condemnation here and abroad, capped by the investigations and findings of UN Special Rapporteur for extrajudicial, summary and arbitrary executions, Philip Alston (Feb 2007), Amnesty International (Aug 2006) and the Arroyo-created Melo Commission. All attributed most of the killings and the impunity with which these were perpetrated by elements of state security forces. Alston and Amnesty International went further to conclude the perpetrators acted in line with the state’s counter-insurgency program NISP 2001 and Oplan Bantay Laya.

To sustain the attacks on the so-called “legal political infrastructure”, Arroyo created the Inter-agency Legal Action Group (IALAG) to plan, direct and implement the “legal offensive”, i.e., filing trumped-up criminal charges, arrest and detention of targeted leaders and members of the legal democratic movement.

6. The phrase “whole-of-nation” was used in Oplan Bayanihan, the AFP’s implementing campaign for Aquino III’s 2011 National Internal Peace and Security Plan (NISP 2011-2016). Closely hewing to the 2009 US COIN Guide, it describes the collaborative roles of the civilian and military components. On paper, it asserts the primacy of the non-military component, with the military playing only an enabling role. In practice, however, the military was the main and leading force, set the direction and held the initiative over the civilian component throughout. Extrajudicial killings and other grave human rights violations, including the “legal offensive” continued unabated.

7. The current “new paradigm” so-called was first announced by the AFP in Sept 2018, along with a proposal for a “national task force to end the communist insurgency by mid 2019.” The revelation of a supposed “Red October” Oust-Duterte plot signaled the escalation of attacks against the legal democratic movement. Trade unions and worker’s strikes, youth organizations and schools, peasants’ and indigenous peoples’ struggles, churches and hospitals, environment and human rights defenders, peace advocates — all were accused of being recruiters and training grounds for the CPP-NPA. If this sounds like Oplan Bantay Laya over again, it is because the proposal “to end the communist insurgency using the “whole-of-nation approach” is in line with NISP 2018-2022, which the AFP describes as an “enhanced version of NISP 2007” or “E2NISP”(since NISP 20074 is “E1NISP”).

8. In the AFP proposal, the five offensives and three programs in NISP 2007 are transformed to twelve (12)”pillars” or “clusters” of cooperation, wherein each “pillar” is assigned a cluster of civilian and military/security agencies.

9. Executive Order 70, dated 4 December 2018,seeksto institutionalize the whole-of-nation approach in attaining inclusive and sustainable peace, create a national task force to end local communist armed conflict, and direct the adoption of a national peace framework. Like the 2011 Oplan Bayanihan and the 2009 US Counterinsurgency Guide, it purports to prioritize and harmonize the non-military, i.e., economic and political aspects of the counter-insurgency drive (such as delivery of basic services and social development packages) and ensure the active participation of all sectors of society in the pursuit of the country’s peace agenda. Not so curiously now, the EO70 makes special mention of SUCs in directing all government departments, bureaus, agencies or instrumentalities to “render the necessary support to the Task Force” But it not only underplays, it covers up and is totally silent about the military and “security” aspects such as the so-called legal offensive and the “neutralization” or destruction of the so-called “legal political infrastructure of the communist terrorists”.

10. EO70 institutionalizes and declares government’s total abandonment of its commitment to and obligations in implementing CARHRIHL and in forging basic political, social and economic reforms that would address the roots of the armed conflict and bring about a just and lasting peace. It has also stripped off the pretense of shifting to local peace talks instead of national peace negotiations by pursuing “local peace engagements” aimed at enticing surrenders and encouraging capitulation.

Conclusion

More than a year has passed since the Duterte government announced its intention to shift to local peace talks instead of negotiating with the NDFP for basic reforms. Eight months have passed since the formal announcement of the “new paradigm” or the whole-of-nation approach. What we have seen and experienced so far has not brought us any closer to an “inclusive and sustainable peace”. Rather, we are thrown back to the dark and bloody years of Oplan Bantay Laya and could fall further back to the martial law years. Only the people’s active resistance will prevent that, in what would more truly be a whole-of-nation effort. #

Pagpapasara sa 55 Lumad Schools, binatikos

Sumugod sa opisina ng Department of Education (DepEd) Central Office sa Pasig City noong Hulyo 17 ang mga progresibong grupo para batikusin ang desisyon ng ahensiya sa ginawa nitong suspensyon sa 55 kampus ng Salugpongan Ta’ Tanu Igkanogon Community Learning Schools sa Southern Mindanao.

Ayon sa Save Our Schools (SOS) Network, malinaw na hindi suspensyon ang layunin ng DepEd kundi tuluyang pagpapasara sa mga nasabing eskwelahan.

Mababaw umano ang basehan ni DepEd Secretary Leonor Briones na suspensyon at batay lamang sa salaysay ni National Security Adviser Hermogenes Esperon Jr.

Dagdag pa ng SOS Network, ginagawang lehitimo lamang ng DepEd ang walang humpay na pag-atake ng AFP sa mga eskwelahan ng Lumad.

Marami na anilang paaralang Lumad ang pwersahang ipinasara ng militar sa mahigit dalawang taon ng martial law sa Mindanao. (Music: News Background Bidyo ni: Joseph Cuevas/ Kodao)