Tuesday, November 28, 2023

Insurgency: To Foster Lasting Peace

Christmas time is here. Thank goodness 6 ex-rebels recently received 500,000 pesos each just in time for the holidays. One former rebel even called this money "a huge Christmas gift."

https://www.pna.gov.ph/articles/1214141
Six former rebels who have opted to re-embrace allegiance to the government and support the cause for peace and security received PHP500,000 each from the Apayao provincial government on Wednesday.

We did not expect this kind of amount but this will mean a lot for the change that we are starting with our lives. This is a huge Christmas gift, along with the chance to spend Christmas with our child for the first time,” “Ka Axel” (not her real name), 20, said in Filipino after receiving the cash assistance in a ceremony here. 

“Ka Axel” joined the communist movement in 2020 and stayed with the group for three years. She became the wife of 44-year-old “Ka Lar”, who was the squad leader of the East Front, operating in Cagayan Valley. 

After a very long time, she was again able to hold her child, now three-year-old, on Wednesday, which led to an emotional scene between a mother and child. 

Aside from the cash aid, which is part of the provincial government’s measures to address insurgency, the rebels also got commitments from the Department of the Interior and Local Government, the Technical Education and Skills Development Authority, Department of Labor and Employment, Housing and Urban Development Coordinating Council, Department of Trade and Industry, Commission on Higher Education, the Department of Education, Department of Science and Technology, and several others in line with the government’s anti-insurgency program under the Enhanced Comprehensive Local Integration Program (E-CLIP).

The six former rebels also took their oath of allegiance administered by Defense Secretary Gilberto Teodoro Jr.

Teodoro, in a message delivered in Ilocano during the event, said that while the amount extended to the former rebels is sizeable it does not compare to the freedom of living freely.

"The amount, half a million, one million is huge but life is more expensive. We hope that this generosity of Apayao will be a proof of their sincerity towards peace and security that is boundless and will extend beyond Apayao,” he said.

He said local governments have a free hand on how they will manage peace and order situation in their respective areas, citing Apayao’s initiative to discourage rebels’ entry into the province and to urge those who are in the armed movement to voluntarily surrender.

The generosity of the Apayao provincial government?! What exactly is the source of this money? That is 3 million pesos that will not be going to help the community but will instead go into the pockets of rebels and traitors who will never face justice for their crimes against the state. It is a grave injustice to the law abiding citizens of Apayao. 

This is all part of the E-CLIP program which gives surrendering insurgents huge amounts of money, job training, and housing in an effort to reintegrate them back into society. 

The DSWD claims E-CLIP is the key to peace in Mindanao. 

https://www.pna.gov.ph/articles/1214258

Department of Social Welfare and Development (DSWD) Undersecretary Alan A. Tanjusay on Thursday expressed “full confidence” that peace in Mindanao under the leadership of President Ferdinand Marcos Jr. will soon be achieved through the Enhanced Comprehensive Local Integration Program (E-CLIP) and other related initiatives.

During the weekly media forum at the DSWD Central Office in Quezon City, Tanjusay manifested the great success of E-CLIP citing the growing number of former rebels (FRs) and former violent extremists (FVEs) who surrendered to return to the social mainstream.

He said E-CLIP has been doing well through its socio-economic interventions – financial assistance and cash-for-work opportunities, among others.

Among the beneficiaries of the program, aside from their respective families, are former members of the Moro National Liberation Front (MNLF), Moro Islamic Liberation Front (MILF) and former extremists from the Abu Sayyaf Group (ASG).

For Calendar Year 2023, the DSWD had served some 907 ex-MNLF members as of Nov. 23, with the amount disbursed reaching about PHP40 million.

On Tuesday, DSWD provided cash grants to some 322 former ASG members. As part of their integration process into their communities, they were given seed capital and emergency cash assistance to enable them to lead normal lives.

These former extremists came mostly from the municipalities of Patikul, Talipao, Indanan and Maimbung in Sulu province.

"We found out that the primary cause why they became rebels is poverty. Almost all of them have not gone to school and due to extreme poverty, they can easily be recruited,” Tanjusay said.

In coordination with the local government units, he said the DSWD and other agencies concerned like the Department of Human Settlements and Urban Development (DHSUD), Technical Education and Skills Development Authority (TESDA), Department of Health (DOH), etc. were able to provide the needed interventions and assistance to the FRs and FVEs, as well as their families.

Poverty is why they became rebels? They did not even go to school because of poverty? That means schools are NOT the primary recruiting ground for the NPA. It means the incompetent government is the primary recruiting ground for the NPA. 

P40 million distributed amongst 907 ex- MNLF members amounts to P44,101 per person. Again, that is money which could have been spent developing the community but is now in the pockets of terrorists. 

After several months of hemming and hawing Marcos has finally issued a declaration of amnesty to the NPA and other terrorist groups.

https://news.abs-cbn.com/news/11/24/23/marcos-grants-amnesty-to-former-rebels

President Ferdinand Marcos, Jr. has granted amnesty to former rebels "as part of the administration’s comprehensive peace initiatives," MalacaƱang said on Friday. 

Based on Proclamation Nos. 403, 404, 405, and 406, those granted amnesty were former members of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) and members of the Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF). 

The President also granted amnesty to members of the Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB)

The President said the amnesty covered members of these organizations who committed crimes "in pursuit of their political beliefs, whether punishable under the Revised Penal Code or special penal laws." 

These are but are not limited to: 

  •  Rebellion or insurrection;
  •  Conspiracy and proposal to commit rebellion or insurrection;
  •  Disloyalty of public officers or employees;
  •  Inciting to rebellion or insurrection;
  •  Sedition;
  •  Conspiracy to commit sedition;
  •  Inciting to sedition;
  •  Illegal assembly;
  •  Illegal association;
  •  Direct assault;
  •  Indirect assault;
  •  Resistance and disobedience to a person in authority or the agents of such person;
  •  Tumults and other disturbances of public order;
  •  Unlawful use of means of publication and unlawful utterances;
  •  Alarms and scandals;
  •  Illegal possession of firearms, ammunition or explosives, provided that these crimes or offense were committed in furtherance of, incident to, or in connection with the crimes of rebellion or insurrection; and,
  •  Those charged, detained or convicted of common crimes but who can establish by substantial evidence that they have actually committed said crimes in pursuit of political beliefs.

In signing the proclamations, though, the President defined the clause "crimes committed in pursuit of a political belief" as "acts and omissions performed or undertaken as part of a plan, program of action or strategy decided by the rebel leadership to overthrow and replace the National Government, any of its political subdivisions, or duly constituted authority, with or without the use of arms."

A former member of the organization is defined as someone who has surrendered to the government and renounced their "rebellious activities." 

"A person who has already been granted amnesty under previous amnesty proclamations shall no longer qualify to apply for amnesty under this Proclamation," it read. 

"For avoidance of doubt, persons who applied for amnesty under previous proclamations whose applications were not considered for having been made outside the reglementary period for filing may apply under this Proclamation," it added. 

Applicants for amnesty must also admit their guilt of offense in which they are criminally liable. 

They shall also "turn over whatever firearms, weapons, and/or explosives he or she may have in his or her possession upon application for amnesty without incurring liability for illegal possession thereof, notwithstanding the grant or denial of the amnesty application," based on the proclamation. 

The amnesty, however, will not cover: 
  •  kidnap for ransom
  •  massacre
  •  rape
  •  terrorism
  •  crimes committed against chastity as defined in the Revised Penal Code
  •  crimes committed for personal ends, violation of Republic Act (RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002
  • grave violations of the Geneva Convention of 1949
  •  genocide
  •  crimes against humanity
  •  war crimes
  •  torture
  •  enforced disappearances
  •  other gross violations of human rights

In signing the proclamations, Marcos, Jr. said there was "an urgent need" to grant amnesty to these organizations, including the CPP-NPA-NDF. 

He described this as an "instrument of reconciliation and as a path for their return to a peaceful, democratic, and pluralistic society."

"The grant of amnesty in favor of the foregoing group and individuals will promote an atmosphere conducive to the attainment of a just, comprehensive," said the President. 

This was also "in line with the government's call for peace, unity, and reconciliation to bring closure to past enmity, rancor, and bitterness that has stymied lasting amity among the Filipino people."

Terrorism is not covered under the amnesty but the NPA is designated a terrorist group! How does that not nullify this decree? The NTF-ELCAC has said amnesty is key to ending the insurgency but we shall see how it plays out in the months to come. 

While violent crimes are not covered under the amnesty for one human rights advocate that does not matter because the case against him has been tossed for insufficient evidence. 

https://news.abs-cbn.com/news/11/23/23/laguna-prosecutors-junk-raps-vs-20-yr-old-rights-advocate

Prosecutors from Santa Rosa Laguna have junked 5 criminal complaints against a 20-year-old human rights advocate and several others over their alleged involvement in an ambush of soldiers in Batangas.

Prosecutors found “no sufficient evidence” to indict Hailey Jade Pecayo and several others accused of terrorism, attempted murder and violation of international humanitarian law, based on 2 consolidated resolutions dated Nov. 20, 2023.

Pecayo was among those accused of being present in an armed encounter between soldiers and members of the New People's Army in Sitio Amatong, Barangay Ginhawa in Taysan, Batangas on July 18, 2022.

Sgt. Jean Claude Bacaro, who was wounded in the encounter, and Capt. Ival Neil Ogatis filed the complaints against Pecayo and some 15 others who were mostly identified by aliases.

Santa Rosa, Laguna Associate City Prosecutor Christian Castro dismissed all 5 complaints for failure of complainants and their witnesses to "correctly identify the respondents" as perpetrators of the crimes alleged.

“First, the spot report as well as the progress report failed to identify the respondents,” the resolutions said.

“Second, the firefight happened in a forested area as depicted in the pictures and complainant and his witnesses were ten (10) to fifteen (15) meters away from the persons shooting them,” it added, noting that the encounter lasted for only a few minutes.

The soldiers who filed the criminal complaints had presented 5 individuals who claimed to be former CPP-NPA-NDF members who allegedly identified Pecayo as being a rebel.

But the prosecutor said they were not in the area when the ambush happened.

“Too much emphasis on names was placed by the complainant and his witnesses in identifying the alleged wrongdoers in these cases. It is underscored that familiarity with the physical features, particularly those of the face, is actually the best way to identify the person,” he said.

“Given the aforestated second and third reasons, plus the fact that the incident happened during an ambush, familiarity with the faces of the malefactors is entirely nil,” he added.

That's good for him personally but one group has hailed the dismissal as proof positive that the anti-terror law must be repealed. 

Rights group coalition Karapatan hailed the dismissal.

“The dismissal of the complaints of soldiers of the 59th Infantry Battalion by Office of the City Prosecutor in Sta. Rosa, Laguna exposes the fabricated lies against Pecayo and other respondents and that such charges including the terror law were made to threaten, harass and intimidate Pecayo in a desperate attempt to dissuade her from doing her work as a human rights worker,” it said in a statement.

DEFEND Southern Tagalog said that with the dismissal of the complaints against Pecayo, the "domino has fallen."

It noted that the allegations of “rebel surrenderees” were also used against other activists and human rights defenders who are still facing terrorism raps.

“In the 59th IB’s attempt to throw the kitchen sink, they only unleashed a circus: their modern rendition of the Makapili, their “rebel surrenderees”, spouted unprovable and flimsy testimonies dragging the name of Hailey Pecayo – and eventually youth rights defender John Peter Angelo Garcia – as combatants of the New People’s Army, and through the Anti-Terrorism Council’s designations, be considered terrorists. These testimonies were rightfully and reasonably brushed off by the court,” it said in a statement.

This is only proof of the Terror Law’s utility as the state’s treacherous weapon against critics and all those resisting the various attacks against their rights and liberties, and has only been allowed by the National Security Policy of the Marcos Jr administration. We reiterate the repeal of this act, which has also been used against 19 other activists and farmers in the Southern Tagalog region,” it added.

Why would this case even be taken to court if they did not have hard evidence to prove the identity of these men? It's this kind of ineptness that keeps the insurgency going. 

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