This is part 2 of a four part entry and opens on page 12 pf a 35 page report. As I have noted in other Human Rights Watch, or HRW-centric entries, I don't hold a very high opinion on the NGO. They deal most often in uncoroborrated accusation and wholesale innuendo. In addition they portray themselves as non-partisan and in reality are anything but. In any event, this particular report offers a glimpse into Eastern Mindanao, the least populated part of Mindanao and therefore little known even by most Mindanowans. The issues discussed in the report, paramilitaries involved in illegal logging and illegal mining, serving as private muscle for local politicians are all things that are sadly, just as real today as they were nearly two decades ago when this report was published.
Showing how inadequate the late Corazon "Cory" Aquino was as a leader, and how far out of her element the poor woman was, we have the following nugget, gleaned from then-President Aquino's unforgettable speech at the Philippine Military Academy in 1992...
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The New People's Army and Human Rights
On February 16, 1992, a week before the sixth anniversary of her accession to office, Aquino hailed "a shining moment in our history," claiming "the defeat of all threat groups" under her Administration. "We broke the back of the Communist Insurgency," she told graduates of the Philippine Military Academy, the country's elite military college.
On the same day, some 300 rebels armed with mortars and machineguns ambushed and killed 47 soldiers in a remote logging tract in the province of Surigao del Sur, the Government's single largest battlefield loss in years. Survivors said the rebels systematically executed wounded soldiers with the rank of sergeant and above. Some analysts said that the attack demonstrated that the insurgency, despite arrests of dozens of leaders in the past five years, would continue to be a force to contend with for several years.
An estimated 17,000 fulltime New People's Army rebels were still believed to be operating in the Philippines in early 1992, down from a high of 26,000 in mid-1988. But while the number of armed rebels has declined, the intensity and number of military-rebel encounters in 1991 matched 1990, apparently due to President Aquino's directive that the insurgency be crushed by the end of her term.
Both sides in the conflict commit abuses, but it is difficult to confirm most reports of NPA abuses. There continued to be reports if killings and hostage taking if unarmed civilians, and at least one foreigner, an American, continued to ve held in a 1990 kidnapping. The source of information is usually the military, and attacks most often occur in remote areas that
are sealed off to investigators because of "ongoing military operations." Reports of rebel abuses furnished by the military are the headline stock-in-fare of some two dozen provincial tabloids in Mindanao, but poorly paid news reporters rarely investigate and cinfirm stories. In listing NPA "atrocities," moreover, the military generally fails to distinguish between NPA attacks on soldiers or paramilitary units, which are acts of war, and attacks on civilians not involved in hostilities. For their part, non-governmental human rights groups in the Philippines, do not investigate reports of human rights abuses of NPA abuses, saying that it is the perogative of the Government to investigate rebel violations. This has been a contentious issue in the Philippines, leading members of the military and the Commision on Human Rights to label non-governmental human rights groups "anti-Government" or "sympathetic to the NPA."
Human Rights Watch has confirmedome instances of human rights violations by rebel forces, and these are noted where there is a direct link to CAFGU abuses that are the focus of this report.
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Mindanao: A Laboratory of Counterinsurgency
(a historical overview and geopolitical sketch that is redundant to the overall content- Raki)
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NPA in Mindanao
From the early 1970s through the mid-1980s, most of Mindanao was fertile ground for the expansion of the New People's Army (NPA). The rebels have drawn recruits from among the ranks of landless peasants, plantation and factory workers paid sub-survival wages, and indigenous communities displaced from their lands by lowland encroachment and agro-industrial development projects. Despite grisly purges and other violent excesses by the rebels in the early and mid-1980s, which weakened support among urban intellectuals and among the general population in Western and Southern Mindanao, the armed insurgency continued to launch frequent attacks on military and economic targets in several central and eastern provinces in early 1992.
Military officials said roughly 700 armed rebels roamed the mountainous, heabily forested region of the Mt.Andap Valley, including the eastern half of Agusan del Sur Province and most of the province of Surigao del Sur. They declared Agusan del Sur and Surigao del Sur Provinces as the "hotbed" of insurgency in Mindanao and promised to "crush" insurgency there by 1992. The commander of the NPA in Mt.Andap Valley is reportedly the rebel priest, Father Frank Navarro. Targets of large scale rebel attacks in 1991 have included military detachments, jails, and commonly...
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...municipal hall buildings. Members of the paramilitary CAFGU, particularly those posted in remote communities, have also often neen the target of NPA attack.
Scattered, smaller rebel commands were reportedly operating in other regions of Mindanao in early 1992. Encounters were frequently reported in the forested regions of western Agusan del Sur and just south of the Agusan del Sur border, in the province of Davao del Norte. In the southern provinces of South Cotabato, Davao del Sur, and Davao del Norte, an estimated 200 to 300 rebels continue to strikeat military and police targers, usually in operations intended to capture arms, and at "economic" targets, such as logging and mining firms. In Davao del Norte, nine civilians and two CAFGU were killed in an ambush of a passenger jeep. The NPA later issued a public apology. They wrote that the NPA would "investigate" to determine those responsible and punish them (July, 1991).
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Militia Abuses in Areas of Ongoing Military Operations
In 1991 and early 1992, most military operations in Mindanao were taking place in two provinces, Agusan del Sur and Surigao del Sur. These are forested, mountainous regions peopled by unassimilated tribal minorities and by the newest, poorest migrant farmers. It is in these areas, remote from the public eye- and from public accountability- that most human rights abuses are taking place today.
The two neighboring provinces, located in the northeast part of the island, became the focus if a much-publicized military campaign in 1991. Between April and May 1991, more than 5,000 individuals fled to town centers from 18 villages around San Luis in Agusan del Sur and around Lianga and Tandag in Surigao del Sur because of military and NPA violence, In November 1991, Armed Forces chief General Lisandro Abadia ordered that additional troops be deployed in the two provinces.
Human Rights Watch documented several killings and numerous beatings by CAFGU members in Agusan del Sur and Surigao del Sur. Most cases investigated involved militia members operating without direct military supervision. In addition, Human Rights Watch frequently heard that CAFGU members carried their military issue high powered rifles at all times, even when unsupervised, and out of uniform; this was confirmed several times by sight and in news reports of encounters. As the Laywers Committee for Human Rights noted in 1990, these findings are in violation of "the intent, if not the letter, of Executive Order no.264 and the CAFGU regulations (LCHR "Out of Control" pp121).
Military guidelines mandate that the CAFGU is primarily responsible for defense and peacekeeping functions in areas already "cleared" by combat operations. But local human rights monitors and victims reported that CAFGU members also played a role in front line combat operations. CAFGU were also used as informants to identify subversives in local communities. Several cases investigated below indicate that CAFGU members pervert their role as informants by identifying as "subersives" individuals against whom they have a personal grudge.
In other cases, random violence by CAFGU members appeared to be in response to violence by the NPA. In remote areas targeted by rebel forces, CAFGU units appeared to be "sitting ducks" for NPA attacks, which were usually aimed at capturing arms. Because of their inferior numbers and training, the militiamen often handed over the arms immediately. Regional news reports often listed CAFGU among the casualties of military-NPA encounters. In one representative case, 150 guerillas attacked a CAFGU outpost of 30 in a remote village outside San Miguel, Surigao del Sur on June 25, 1991. Two CAFGUs were killed, one wounded and two taken hostage. The following day, one of the CAFGU involved in the encounter beat and threatened three residents, apparently arbitrarily.
Abuses and Impunity
Victims of CAFGU abuses rarely go to the military to seek redress for maltreatment. As one peasant cooperative leader in San Miguel who has been threatened and harrassed countless times over the past five years explained, local residents often live in fear of the CAFGU and his commanding officer. The victims usually know the CAFGU member personally because he lives in the community. Once complaints are filed, it may take a long time, if ever, before the perpetrator is disarmed.
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In a few recent cases, victims filed cases with the Commission on Human Rights in Surigao del Sur or the provincial prosecutor. However, Human Rights Watch learned of only two cases in 1990 and 1991 where abusive CAFGU members, including one charged with murder, were discharged from active duty. In neither case was the militia member prosecuted by the courts. The same individuals continued to carry firearms freely, instiling fear in the community. In San Luis, human rights victims and their families continued to live in evacuation centers because of fear of returning to their homes.
CAFGU Abuses in San Luis
Along the banks of the Maasam River lies a forested, sparsely populated land liscenced to and logged by several large logging companies. The western banks are home to the Banwa'on Tribe, a non-literate, non-assimilated ethnic group. North of the Banwa'on areas, extending 15 miles to the town of Esperanza, lives another tribe called the Higaonon. To the south, around the municipality of La Paz, a community of Manobos live. The Higaonon and Manobo were both said to be interested in taking over some of the Banwa'on lands, which has resulted in a state of simmering tribal conflict since 1985.
The local tribal communities subsist on traditional slash and burn farming, hunting, fishing, and more recently, small scale logging. The Banwa'on territory is the most remote of the three tribal communities, accessible only by river, and more recently, by a single dirt logging road. By "gakit," or raft, the trip from the Banwa'on areas to the market center, Kalilid, takes about three days. Until recently, the people there had no schools, clinics, or other contact with government. All government services were located downstream east of the Maasam River in the largely Visayan population center. The Catholic Church, however, had built a small primary school and a health clinic for the Banwa'on, and acted as an advocate for the residents there.
Since the mid-1980s, however, the Banwa'on and other tribes have come to know the military very well. The forests along the Maasam River have been a refuge for the New People's Army, and both the NPA and the military have tried to engage the two tribal communities in the conflict. The Government , for its part, has had limited success. In 1985, under the leadership of a Higaonon Mayor, Lavi Manpatilan, the Higaonon of Esperanza signed up with the CHDF in large numbers. The Manobo also joined CHDF units. However, most of the Banwa'on of the lower Maasam River forests refused.
Since then local church workers and tribal leaders said the military has intermittingly attacked Banwa'on communities on suspicion if being rebels or rebel supporters. "We refused the (military's) guns because we do not want any part pf this war," explained Datu Mantalapuk, witness to killings described below. "But now, they accuse us of being rebels, and we are defenseless."
Some of the most vicious abuses have been committed by the Higaonon. In 1988, the training and arming of the Higaonon became the obsession of a renegade military commander, Lt.Col.Alexander Noble of the Army's 23IB, and Higaonon militia there are still known as the "Noble CAFGU." Noble staged a right wing revolt against the military in Agusan del Sur in July 1990. Upon his retreat to the forests west of Esperanza, he was joined by roughly 200 fiercely loyal Higaonon CAFGU, who defended Noble against capture for nearly two months against six Army and Marine battalions. However, when Noble eventually was captured and imprisoned, most of the CAFGU were pardoned. Within weeks they were re-activated under the command of the 36IB based in the town of Prosperidad.
In mid-1991, military forces, supported by the Esperanza-based CAFGU, intensified operations against the estimated 300 NPA in San Luis. The main target fell inside the Banwa'on areaa. Human Rights Groups said military operations had led more than 500 families from seven villages in the towns of San Luis and Prosperidad to seek refuge in town centers. Local military officials at the time were quoted as saying there were "some tolerable abuses"...
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...by Government forces during operations.
Traditional avenues of justice long used to quell inter-tribal conflict, such as meetings of the local headmen, or "datu," appeared to have failed in 1991 with the entry of arbitrary military force. Armed with sophisticated guns and given liscence by ongoing military campaigns against supposed rebel hideouts in the area, the Higaonon and Manobo had become bolder in asserting claims over Banwa'on territory.
A leader of the Banwa'on Tribe believed his community was being attacked because of a land dispute:
"In 1988, Boy Mendoza, a Manobo logger, met me and said that he wanted to make the Banwa'on territory part of the Manobo Community Reservation, but I refused. He threatened me and said that our territory will be marked with 'red' if I refuse. After my refusal, a series of military operations happened in our place up to the present."
Human Rights Watch investigation of massacres in San Luis appeared to support the contention of local human rights groups and tribal advocates that Higaonon and Manobo CAFGU were perverting the aims of counterinsurgency to terrorize and evict civilian Banwa'on communities in 1991. Abuses documented by Human Rights Watch commonly occurred while residents were evacuating areas undergoing military operations, or during their return to their homes and farms. Human Rights Watch recorded first hand accounts of survivors of two killings of seven individuals by suspected CAFGU members in mid-1991. Three unconfirmed killings reported by local human rights monitors during the same period also pointed to CAFGU involvement.
In addition, Human Rights Watch documented several incidents where local residents were arrested without warrant and were maltreated by combined CAFGU and regular forces. Affadavits by several other victims suggested that warrantless arrest and mistreatment of civilians were routinely practiced during large scale military operations.
Four Killed in Kilabonog
Three survivors of multiple killings in Kilabonog, a western Banwa'on village of the town of San Luis in Agusan del Sur Province, described the attack by the Higaonon CAFGU which left four members of their extended family dead.
Mario Manliano, 25, recounted that the killings occurred at roughly 6AM on May 22, 1991 at a bend in the Maasam River, roughly 30 miles from the municipal center of Kalilid, San Luis.
An extended family of 30 individuals, all members of the Banwa'on Tribe living in a forest concession known as "Site I" and accessible only by river and by a single logging road, were traveling by river to Kalilid the morning of the incident. During the three days preceding, a large scale military operation had occurred near their community, including bombing and gunfire from helicopter gunships. As troops from the 36th and 8th Infantry Battalions approached their settlement, the group decided to evacuate downriver. At dusk on May 21, they packed their belongings on twi rafts and three longboats, and began floating in darkness downstream. The trip was expected to take three days. The group carried no weapons, and included at least fifteen children.
Just at dawn on the next morning, as the first longboat ridden by Betty Manlinawan was rounding a bend, shots rang out without warning from the right bank of the river. Manliano looked up, and saw ten men on the right bank, about 30 feet distant from the raft he was steering. They wore CAFGU uniforms and had automatic rifles outstretched at shoulder height; they fired ceaselessly for about five minutes. About 12 feet to his left he saw Cecil Salbuan, age 2, and Eding Hulibayan, age 50, as the two were struck by a single bullet that penetrated the chest of the child and then that of...
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...the woman on whose lap he was sitting. After the first volley, Manliano and the others jumped into the river and fled into the dense forest.
For three days, he searched for the others until all of them were re-united. Then he returned to bury the bodies on May 25. Manliano found Manlinawan, age 20 and pregnant, with bullet wounds on her cheek, forehead, and right arm, shin, and lower back. Dodong Andres, 47, was shot on his forehead, upper left arm, both legs, and the back, with that bullet exiting his front chest. Three water buffalo and a dog were also found shot dead, and the group's clothes and a sack of rice were taken.
Manliano said he recognized all of the gunmen as Higaonon Tribesmen and as members of the CAFGU detachment based in Tagbilili, a village in the municipality of Esperanza. He knew them because he is a former member of a Civilian Home Defense Force detachment led by the brother of their CAFGU detachment leader. He identified the gunmen as Datu Manlinuhaw; Datu Mandumaging; Baldes Otasa; Manliwanay Mansalawag; Danilo Hulibayan; and six known only by their Higaonon first names, Tirso, Walah, Dalahutan, Biyasa, Gintulo, and Tagdiea. Two of the ten, Danilo Hulibayan and Baldes Otasa, are listed as active duty CAFGU and former CHDFs in the provincial governor's office; the others could not be confirmed because the victims did not know their Christian Names, under which they are offially listed.
Human Rights Watch interviewed two other eyewitnesses, Datu Mantalapuk and Ben Katanaw, whose accounts corroborated that of Manliano. The eyewitnesses said they believed the CAFGU were stationed there to seal off any escape from the areas where the military operations were going on.
The group fled to Kalilid, where they set up shelter on the outskirts of town and sought assistance by the Church in June, 1991. Also in June, Mantalapuk, who is the tribal leader, went with Manliano to the Mayor of San Luis, Jun Chua, to request that charges be filed against the perpetrators. Chua promised assistance and an investigation. Chua told Human Rights Watch that his Vice Mayor had investigated the case and submitted findings to the Provincial Governor's office in November 1991. As of January 1992, there was no record of any investigation at the Governor's office, nor had he heard of the case. The regional Commission on Human Rights (based six hours drive away in Cagayan del Oro City) also said they had no knowledge of the incident.
Although local clergy expressed fears for their security, the witnesses interviewed wished to testify in court. However, they said they needed financial and legal assistance. None was literate, nor were they at all familiar with the legal system; their poverty was so extreme that they had no funds to pay for personal travel to the provincial court in Prosperidad, about three hours away by jeep.
Killings in Tambo
A survivor of the Extra-Judicial Executions of three civilians in Tambo, a Manobo village in the west of Agusan del Sur, told Human Rights Watch the attack came whilr the family was eating dinner.
The witness, name withheld, said the attack occurred just at the beginning of dinner, after dark, at around 730PM pn September 23, 1991, in a tiny hillside community known only by the kilometer mark, "44," on the logging road that leads into the logging concession in San Luis municipality. At the time of the attack, there were seven people in the hut, a traditional Manobo hut set on six foot high stilts with a low roof but no enclosing walls, and they had just sat down to eat. On the floor they had lit a kerosene lamp, so the occupants were clearly visible from outside the hut. The nearest neighbor, however, is about a half mile away. None of them was armed.
That evening, the head of the household, Datu Mantalata, who was also the tribal leader of the community, had just returned from Kilometer Mark 60, about 11 miles west, where the manager of Ayala Logging Company was stationed. Mantalata had with him a box of provisions: sardines, candy, sugar, and biscuits, which he had just bought with some of the harvested rice. The others had just come in from a day harvesting rice in the fields nearby. Four people were seated in a line on the lower platform, and three on the slightly raised platform behind.
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Suddenly, without any warning, the gunfire began "like firecrackers," the witness said. She was seated on the upper platform, to one side. The blast came seemingly from several directions at once, but it was dark, and the witnesses were unable to see the origin of the gunfire. During the firing, the witness said she immediately ducked over to lean on the body of the man next to her, a neighbor named Bensyo. She heard five gunshots.
When the survivors got up, they found the three men dead. The three appeared to be the targets, since none of the four others was even grazed. The dead included Datu Mamtalata, between 60 and 70 years old; his son, Aki Mantalata, 19 yeaea old, both of whom were seated on the lower, front platform at one end; and Bensyo Pacing, 55 years old, a neighbor who had come for a visit, and who was seated in the middle of the raised platform. Pacing died instantly from a bullet wound to the face; Aki Mantalata died of bullet wounds to the chest and crotch, apparently struck from a gunfire from under the floor; and one bullet struck Datu Mantalata in the underarm, penetrating the chest.
The survivors included the Datu's wife and 12 year old son, the Datu's invalid sister, a cousin and a neighbor. The group fled to the nearest neighbor's house, about a half mile away and over a hill. Upon returning the next morning, they found the shells of bullets used in Garand rifles, a type issued to local CAFGU recruits, and bootprints in three places; under the flooring, and on either side of the house.
Some relatives of the victims went to the nearby CAFGU detachment led by a former CHDF, Boy Mendoza, under the command of the 36th Infantry Battalion. At the time, Mendoza took photographs of the bodies and offered the corpses to be brought to the center of the barangay of Tambo, to the Baptist Church, despite family members' plea that the bodies be simply be buried near the house that same day.
The witness said she believed CAFGU members under the command of Boy Mendoza were responsible for the killings. The New People's Army is not active in the area, but the victims were suspected of being members of the "Alimaongs," or Manobo tribal warriors suspected of working with the NPA. She said the local CAFGU, who are generally tribespeople from the adjacent municipality of La Paz, are known to have committed abuses in the past.
The real motive for the killings, however, appeared to be a personal feud between Datu Mantalata and his neighbor, whose aons were CAFGU members. The neighbor had reportedly given Mantalata a water buffalo in exchange for chopping down the forest on his land. Because of the drought, however, the neighbor could not get transport for the lumber by the stream, and wanted his water buffalo returned. The week before the incident, several local CAFGU came and attempted to take Mantalata's water buffalo away by force, but failed . A teenage member of the local quasi-religious vigilante cult group, the "Pulhan" ("Red Ones," so called because they sport a red cloth on their heads or knife handles) told the witness a few days after the killings that Mantalata had been "under surveillance" by Boy Mendoza's CAFGU. On the day of the massacre, the teenager said, Mantalata was followed by a notorious local CAFGU from the Banwa'on Tribe known only as "Sammy."
The CAFGU and the Pulahans are known to be involved in small scale logging activities. The Pulahan believe that certain rituals protect them from being penetrated by bullets. Before going to battle with the New People's Army, they make signs of the cross on various parts of their bodies. According to the witness, many anti-Communist Pulahans had joined the local CAFGU forces as recruits or military assets.
The family reported the case to the San Luis Mayor, Chua, but as of January 1992, no case has been filed. The family of the victim had not returned to their home because of fears for their safety. Like witnesses in the previous case, they wanted to file a case, but had insufficient funds to travel the distance to the provincial courts in Prosperidad, at least a day's travel away.
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In my next and entry in this four part series I will finish the rest of this report.
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