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ISSN: 2192-3353

Red Baiting A Systematic Defamation of Political Activists

I.P.O.N. – International Peace Observers Network | Volume 6 | Number 1 | April 2014 Contents

03 Editorial

04 Challenging Red-Baiting 3 Years of Fostered Dialogue by Jan Pingel

06 The (radical) Left in the Philippines A Short History by Niklas Reese and Rainer Werning

09 Political Vilification Red-Baiting and Related Human Rights Issues by Rhoda Dalang

12 Witnessing Red-Baiting as it happens Interview with Hannah Wolf by Elena Sotres and Fabian Erwig

13 Newsticker Negros

16 The Modus Operandi of Red-Baiting The Cases of Two Female Human Rights Defenders in the Philippines by Nina Johnen

22 Taking Action IPONs 3rd Forum on Red-Baiting paves the Way to Implementing a preventive Guideline by Ann-Kathrin Marggraf

24 „We Need a Change in Mindset“ Interview with Col. Roderick M. Parayno by Nina Johnen, Tobias Lorch and Anna Hollendung

25 Newsticker Temogen „Cocoy“ Tulawie

28 Abu-Sayyaf-Baiting Being a Muslim, Being a Terrorist? by Erik Tuchtfeld

30 IPON and the Instrument of Human Rights Observation

30 Aims and Scope

31 Imprint OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 3

Editorial

What is democracy without its citi- all participants again together to come being labeled as a member of the radi- zens, raising their voices, demanding up with a concrete policy to tackle the cal, armed left but also the allegation for their needs and criticizing social issue and start to “walk the talk”. to belong to the Islamic-fundamental wrongs in society and the state? Demo- Abu Sayyaf Group. He is imprisoned for cracy relies not only on the reliability Serving as background information, almost two years now. and responsibility of state institutions the second article takes a close look at but also in equal measure on an active the political reality of the (radical) left Active members of civil society are the and engaged civil society. But the free- in the Philippines and analysis causes pillars of a functioning democracy. The dom of expression and the freedom of and consequences of the split of the rights, on which a democracy is built, assembly are not always safeguarded – political left into “Rejectionists” and are vulnerable and can be fragile, as also not in states that call themselves “Reaffirmists” that went through NGO the actions against HRDs and political democracies. and alliances in 1980s/1990s. It further activists in the Philippines exemplify. points out why the mind-set of human Raising awareness for their situation The Philippines signed and ratified right activists belonging to the radi- and implementing the rights of free- most treaties and agreements to cal (armed) left is still persistent today dom of expression and of freedom of enforce the rights upon which demo- and therefore sustaining red-baiting of assembly are essentially to stabilize the cracy is based. HRDs. pillars of modern democracy. 

However, political activists and espe- Shifting from the late 90s to the 21st cially human rights defenders (HRDs) Century, Rhoda Dalang contextuali- are often criminalised for using their zes political vilification with the “War sanctioned rights. Red-baiting is a on Terror” and shows how six cases in common strategy of state actors to in- which HRDs became victim of political Call for articles timidate and muzzle government-criti- vilification and trumped-up charges cal individuals, activists, human rights are affected. defenders as well as organisations who With an eye of the growing num- peacefully engage for their rights. They Based on her experiences in the case ber of extrajudicial settlements are labeled as state enemies, commu- of her Zara Alvarez, who is currently and mediation-procedures, the nist terrorists or members of commu- incarcerated and subjected to red-tag- next issue will focus on “Dirty nist front organisations – labels that ging and trumped-up charges, Hannah Deals”. It will critically examine ca- give rise to human rights violations in Wolf talked with IPON about the di- ses that are settled out of court. the Philippines. mensions and the modus operandi of Which cases can legitimately get red-baiting, its linkage to the Human solved by mediating procedures? This issue of the Observer not only pre- Security Act of 2007, as well as about What are the limits? Under which sents an overview of the origins, poli- the new Internal Peace and Security circumstances can such compro- tical backgrounds and strategies that Plan of the Philippine military. mises impact negatively on the characterize red-baiting and the ins- governmental monopoly? trument of trumped-up charges – the In more detail, Johnen focuses on two We welcome articles of 5,500 or criminalization of HRDs through legal female HRDs. Both cases exemplify the 12,000 characters that contribu- offenses – in the Philippines but also manifold strategies of red-baiting par- te a systemic analysis of the to- offers victims of red-baiting the oppor- ticularly used by the military. pic with a focus on human rights tunity to have their cases presented to or human rights defenders, until the international public. The Philippine military is one key state August 15th 2014 (editorial dead- actor for the issue of red-baiting as it line). The introductory article evaluates commits most of those human rights Please send a short note concer- IPONs three year work on the red-bai- violations. In an interview Col. Ro- ning your presumed topic until Ju- ting project. Starting with a first forum derick M. Parayno gives his view on the ly 15th 2014. You can also find our in 2011, IPON was able to raise aware- challenge of tackling red-baiting. author guidelines and further in- ness on the issue and to initiate discus- As the case of HRD Temogen “Cocoy” formation on www.ipon-philippi- sions about origins and dimensions of Tulawie from the Sulu-Archipelago il- nes.org. red-baiting. Fostering the cooperation lustrates, getting in conflict with state between different actors in 2012, the authorities due to peaceful political Contact: [email protected] third forum took the chance to bring engagement can not only result in 4 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Challenging Red-Baiting – 3 Years of fostered dialogue

Philippine security services still fail to differentiate between organisations that bear arms to fight the state and legitimate unarmed organisations who oppose the government within the framework of rights. red-baiting remains a complex issue of Philippine politics and society. However, an increased awareness and first practical steps of state and civil society actors show that there is a commitment to tackle the issue – now all the above mentioned parties have to further walk the talk.

Working on red-baiting – as national or in- groups, student groups, agrarian reform ad- Jan Pingel ternational organisation – means tackling vocates, and others – remain classified as 1983 (Itzehoe/ prejudices and mistrust by talking about the ‘fronts’ or front-organisation of the left re- Germany), Peace and topic, by presenting different views and ar- bels. Thus, the ‘enemies of the state’ are ac- Conflict Consultant. guments and by changing existing perspec- cordingly considered to be legitimate tar- He worked with tives. gets in order to guarantee and safeguard IPON as Project- and With the decision to work on red-baiting as the state’s survival. Country Coordinator in the Philippines from an external human rights NGO, IPON went 2011 to 2013. He is on a new path; a path that extended IPONs What Changed since IPON star- currently working as tool kit (cf. p. 30 in this issue), equipped ted Highlighting the Issue in the executive director of with its well tested instruments of human Philippines? philippinenbüro e.V. in rights observation in conflict zones, ad- Cologne, Germany. ding new instruments of third party conflict Even though red-baiting in all its dimensi- transformation. ons remains a serious human rights concern, in retrospect several positive developments There are several national and international can be identified. Some of these develop- reports broaching the issue of extra-judi- ments can directly be linked to IPON pro- cial killings and enforced disappearances in ject efforts in the country. First of all, IPON the Philippines. These reports and the nati- raised awareness for the issue of red-bai- onal discourse predominantly deal with sta- ting among relevant national and interna- tistical data about extra-judicial killings and tional actors. These involved Philippine sta- enforced disappearances and focus on high- profile single cases. Over the last years in dialogues with state and civil society actors IPON noticed that there is an awareness of this data and a ba- sic disposition to improve the situation for human rights defenders. However, there is no public discourse about the strategy of red-baiting and its dimensions as one of the main origins of human rights violations in the country.

The security force institutions – notably the military and the police – still approach the insurgency problems in the country from a militarist perspective. Until today, the state focuses on the alleged illegal affiliations of its critics rather than on the bases and substances of their criti- cism. Hence, a wide range of groups – inclu- ding human rights advocates, labour unio-

nists, journalists, teachers’ unions, women’s In 2012, national state actors and civil society organisation met again to discuss groups, indigenous organisations, religious red-baiting (Source: IPON) OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 5

te actors, Philippine civil society, sue of red-baiting. ded red-baiting as a category of hu- Philippine and international NGO/ All sides agreed that red-baiting man rights violations to their data CSO and international actors rele- not only poses a serious threat to base, which will ensure proper fu- vant to the implementation of in- the people’s human rights but also ture documentation of such cases. ternational human rights standards to the overall safety of civil socie- such as the United Nations and the ty. However, as it is an issue of se- It‘s Time to Tackle the Issue European Union. This awareness curity it is also a question of the was raised over the last couple of psychological mind-set of people After the way for dialogue was years. As a result, IPON has been that also includes their perception opened up thanks to the two fo- widely accepted as an impartial ne- of and attitudes towards different rums between the involved conflict xus between the different conflict groups and communities. Especially parties, IPON had established itself parties involved. Philippine military and police as an integer and competent stake- Its new position facilitates to open ground line personnel that is res- holder. up dialogue-platforms and paves ponsible for most red-baiting cases The third forum’s objective was to the way for possible cooperation exhibits high levels of mispercepti- come up with some concrete poli- between perpetrators and victims. on regarding the work of NGO. cy out-put to tackle the issue of red-baiting on the local and regio- The First Red-Baiting Forum This was the first time that an ex- nal level. Thus the objective of the ternal actor successfully brought forum in October 2013 was to kick Starting 2011, IPON entered new together the different conflict par- off the design and implementati- ground by conducting human rights ties and initiated a productive and on process of a “Guideline to AFP dialogues and workshops in order open dialogue with regards to red- ground line personnel on the pre- to bring together conflict parties in baiting. The Philippine Commission vention of red-baiting or red-la- the Philippines. The strongest rea- of Human Rights explicitly asked belling of HRDs and/or their legal son for that was IPON’s underly- IPON to pursue the efforts and the organisations in conflict and non- ing conviction that these measures military and the police expressed conflict situations” – the guideline should be undertaken by Philippine their political will to participate in is currently being drafted by milita- actors and groups themselves. future activities. ry officials. Domestic initiatives have the incon- On the basis of the positive reac- testable expertise and capacity to tions and the willingness of relevant Despite the increased awareness transform conflict and its dynamics conflict stakeholders to further en- for the issue and first successful in the country. Given the Philippine gage in dialogues, IPON decided to steps to improve the alarming situ- context though, domestic approa- pursue the way of dialogues and ation for human rights defenders ches tend to fail involving all re- workshops – in the hope that these and activists, the need for policy levant parties in order to come up red-baiting platforms will be inde- developments to counteract the is- with comprehensive solutions. pendently implemented in the fu- sue of red-baiting persists. In the course of numerous meetings ture. The phenomenon of red-baiting with state and civil society actors, deserves the unrestricted attention IPON realised that as an external Cooperative Atmosphere in of all involved stakeholders, espe- party, which is not involved in the 2012 cially the military, the police and conflict, it is able to gather all rele- the Commission of Human Rights. vant actors and offer platforms in The second forum in 2012 constitu- Nevertheless, based upon IPON’s order to exchange perspectives and ted a follow-up to the first forum past project experiences, the hu- foster mutual understanding. in 2011 and picked up the general man rights activists are cautiously These circumstances enable IPON to cooperativeness of the relevant sta- positive that all relevant stakehol- initiate a new and unique dialogue keholders. Again state actors and ders are willing to commit themsel- platform on red-baiting. representatives of NGO came to- ves to the challenges ahead in or- gether to report on the progress der to pave the way for the future At the 2011 forum, participants and new findings that they had ac- development and implementation from different state sectors and re- quired in order to address the is- of encompassing conflict solution presentatives of NGO shared their sue. In addition, IPON presented strategies concerning red-baiting thoughts and knowledge about his- findings of a local workshop in in the Philippines.  tory, origin and personal experi- Mindanao that was organised to ence from a human rights perspec- gather experiences, views and re- tive. The aim was to raise awareness commendations of human rights particularly among state actors in defenders and their affiliated orga- order to convince them of the ne- nisations that had been targets of cessity and urgency to develop po- red-baiting. licies that specifically target the is- To IPON’s delight the CHR had ad- 6 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

The (Radical) Left in the Philippines – a short history

In April 1973, through the leadership of the Communist Party of the Philippines (CPP), 12 left-oriented organisations from all sectors of society came together to form the National Democratic Front of the Philippines (NDFP). The NDFP became the umbrella formation for all those who believed that (legal and peaceful) mobilisation through consciousness-raising and socio-political activities were insufficient means to topple the Marcos dictatorship.

Rather, these national democratic (ND) With the restoration of (formal) democracy, Niklas Reese forces believed in armed struggle and or- some left leaders and organisations turned (Davao City/ ganised underground resistance. Peasants, their backs on the NDFP. In their assess- Philippines), social farmworkers, students, intellectuals, and ment, armed struggle had lost its primacy in scientist, freelance church groupings joined the NDFP. Nu- the context of “newly established democra- worker for the merous guerrilla fronts were established all tic spaces” that lay the conditions for new Philippinenbüro. over the Philippines. modes of engagement toward fundamental political and social transformations. No lon- During the dictatorship, the ND formation ger did the essential task consist of “cap- was a hegemonic force in the opposition, turing the state” in the unfolding of the both ideologically and politically. Following national people’s democratic revolution. Mao Zedong’s school of thought, the fall Rather, it was important for them to sup- of Marcos was envisioned to come about port people in their own local struggles to through the combination of an armed, pro- improve their lives, primarily by dismantling tracted people’s war in the countryside and the power of landed classes, local warlords, massive militant resistance in the urban cen- and traditional politicians. Popular demo- tres. The Marcos regime was to be replaced crats, or popdems, developed an approach Dr. Rainer Werning by a people’s democratic republic, revolu- that sought to transcend the old system and tionising the “semi-feudal, semi-capitalist” placed themselves somewhere in between Social and political relations of production in its course. It was the hostile approach of the NDs and the re- scientist, author of believed that the ensuing people’s demo- formist social democrats, or socdems. To the numerous publications cracy would break the dominance of the popdems, political change was thought to on Southeast and East Asia, lecturer United States, the country’s former colonial be possible through counter mobilisations at the Academy power, and overcome feudal relations in the from below. Together with like-minded of International countryside.1 comrades, Edicio Dela Torre, a leading libe- Cooperation (AIZ, Countless people were inspired, socialised, ration theologian in the anti-dictatorship Bad Honnef) and the and mobilised by the anti-imperialist, anti- struggle, established the Institute for Popu- University of Bonn. feudal, and anti-fascist ideas of the NDFP. lar Democracy, which has since functioned The political counter-vision of the NDFP as a think tank of the radical democratic fascinated a large number of people over camp within the Philippine Left. a long period and incited feelings of self- respect and strength. Times of Sobriety and Decline

Divergent Forces: The Year 1986 Most ND cadres, however, remained with the NDFP. Conflict-laden debates about stra- After a fatal chain of events characterised tegy and political vision were kept in check by arrogance, panic, and strategic errors in and did not yet lead to open contestation. judgment in the first half of the 1980s, the To many activists, though, development NDFP found itself playing a subordinate role programs were no longer a means to an end in the momentous, eventful days of Febru- of mobilising people; rather, these were un- ary 1986. The leadership dismissed the snap dertaken as an end in itself—to fight pover- presidential elections in February 1986 as an ty and bring about social transformation. To irrelevant “noisy drama” and subsequently a certain degree, the movement henceforth decided to boycott it altogether. began to develop political diversity among

1) The founding chairperson of the CPP, José Maria Sison, formulated this strategy in the early 1970s under the pseudonym of Amado Guerrero. The publication entitled “Philippine Society and Revolution” is still considered the “red book” of the movement. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 7

„The split went right through NGO and alliances.“ (Source IPON) its ranks—something that was of action. This caused further dis- Fights broke out over office equip- hardly possible during the anti-dic- illusionment among many ND cad- ment, bank accounts, donors, and tatorship struggle, not just for se- res. Looking at the larger picture, control of people’s organisations curity reasons but also to maintain it also became increasingly clear in their ambit. Friendships soured, political clarity in pursuit of the ov- that the march of globalisation was smear campaigns became a com- erarching goal. leading to the diminishing impor- mon occurrence, and children were In 1987, President Cory Aquino, in tance of the nation state. All the- no longer allowed to play with their the face of right-wing pressures se developments, coupled with the friends whose parents were in the and coup attempts, declared a “to- realisation that national liberation opposite camp. Gone were the ban- tal war” against the NDFP. Once struggles elsewhere had not lived ter and zest that characterised the again, internal political differen- up to the promises of social justice Philippine Left across various poli- ces had to be contained, as non- and democracy, further eroded the tical formations that were working governmental organisations (NGO) appeal and magnetism of fighting above- and underground. Instead, allied with the NDs were branded for a national socialist revolution comrades began working in unyiel- as communist fronts. For security emanating from the top. The im- ding black-and-white categories, reasons, activists likewise reverted manent split within the movement, with no middle ground. to moderate language that avoided however, was caused by internal terminologies such as imperialism. fissures. It is in this battlefield that several Using key words such as human NGO met their demise. Many acti- rights was seen as an indicator that The Split vists abandoned their life’s work. the speaker belonged to the extre- Parallel organisations sprouted in me Left—a mindset that, in some At the onset of the 1990s, internal almost all sectors (such as peasants, parts of society, persists up to this differences could no longer be con- trade unions, and women’s groups). day. tained. Within the NDFP, heated ar- This sometimes gave rise to up to The state-oriented, socialist (read: guments broke out over the ques- five analogous organisations that Maoist) paradigm guiding the NDFP tion whether the changing political hardly differed in their fundamen- continued to lose ground when the landscape and a sincere reckoning tal analysis of the status quo but people of Eastern Europe and the of the movement’s missteps should operated under divergent frame- Soviet Union sought to retire “real lead to a reorientation in political works and strategies or simply were socialism” from 1989 onwards. The strategy. organised among followers of com- next blow came with the NDFP’s The split went right through NGO peting “political bosses” and strong assessment of the 1989 Tianan- and alliances. It pitted co-workers leadership personalities. 2 men massacre as a correct course and comrades against each other.

2) However, the existence of these numerous parallel organisations is not just a result of the split within the Left. There have been further splits even after 1992. Some of these divides were doubtlessly ideological and/or strategic in nature, while other conflicts were a result of thinly veiled interpersonal animosities. In a hierarchical and non-confrontational culture, it is difficult for several dominant leadership figures to work side by side in the same orga- nisation. Organisational splits often become a (more) convenient solution to accommodate these strong personalities. 8 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Sibling Rivalries and Party-Lists

New avenues for political participation opened up with the passage of the Lo- cal Government Code in 1991 and the first party-list elections for the Philippine House of Representatives in 1998. In 1996, several organisations and individuals from the Re- jectionist (RJ) camp, including the popdems, joined forces with other non-ND political blocks, such as the Left wing of the socdem movement, to build a new political party, Akbayan. Embracing political pluralism, this new formation was comparable to the Ger- The National Democratic Front is a leftist alliance striving for revolution. The man Green Party in its early years, bringing NPA (see picture below) is its military wing. (Source: wikipedia) together both pragmatists and idealists articulate their issues in the national media under one political roof. Akbayan held an and uncover alarming anomalies because of uninterrupted parliamentary mandate since their parliamentary participation. In 2001, 1998. In 2010, the party supported the pre- the RAs decided to join the fray through sidential candidacy of Noynoy Aquino and their party-list formation Bayan Muna (“Na- several of its prominent leaders were later tion or People First”). In their first attempt, appointed to top government posts in his they topped the party-list vote, garnering administration. The former party president more than twice the required votes to get entered the Aquino cabinet as presidential the maximum three seats allowable un- adviser on political affairs, while its first der the law. In subsequent elections, they party-list representative is now the chair- fielded several additional electoral vehic- person of the Commission on Human Rights. les to maximize their vote base. In the 2010 Akbayan currently holds two seats in Con- elections, they entered the race with se- gress. veral party-list organisations representing Meanwhile, the Trotskyist blocks within the the following sectors: workers (Anakpawis), RJ spectrum formed the party-list organisa- peasants (Kilusang Magbubukid ng Pilipi- tions Sanlakas and Partido ng Manggagawa nas), youth (Kabataan Partylist), teachers (Workers’ Party), but they were unable to (ACT Teachers Party-list), and women (GA- win enough votes in the 2010 elections to BRIELA). Together with Bayan Muna, they be represented in Congress. got enough votes to obtain a total of seven The Reaffirmist (RA) camp initially remai- parliamentary seats. ned aloof regarding electoral experiments Electoral competition heightened the le- and single-mindedly focused on its chosen vel of animosity between the different left track of strengthening the liberation mo- groups. This was accompanied by smear vement. But RA leaders were not impervi- campaigns and publicly exchanged tirades ous to the fact that Akbayan, Sanlakas, and against each other. This tension sometimes other party-list organisations were able to also escalated in violence. NPA fighters have prevented Akbayan members from campaig- ning in NPA-controlled areas in the past. 3 Between 2001 and 2004, a number of RJ lea- ders fell victim to NPA assassins, who were carrying out death sentences promulgated by the revolutionary “people’s court.” Nevertheless, the greatest threat to life and limb of “Left” activists, who are easily bran- ded as “communists,” still emanates from state security forces and local warlords. Bet- ween 2001 and 2010, there were more than 1,100 political killings. The great majority of the victims were activists identified with the RA spectrum. 

Originally an oppositional force against the Marcos-regime, the NPA has now become a scapegoat for political vilification of inconvenient citizens. (Source wikipedia)

3) The NPA regulates election-related activities in territories under their control by enforcing the collection of fees through the so-called permit-to-campaign system, wherein candidates have to pay for being given physical access and passage. Similarly, a “revolutionary tax” is collected from business people, landowners, and local politicians even outside the election season. These fees finance the continuing armed struggle, as well as locally implemented socioeconomic projects. This form of income generation has become more important in the post-split era as the RAs lost access to select sources of foreign funding. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 9

Political Vilification – Red-Baiting and related Human Rights issues

The general suspicion against civil society organisations as fronts for communist insurgents dates back to the Marcos era. Counter insurgency measures such as Oplan Bantay Laya and Oplan Bayanihan continue to backfire on civil society organisations and individuals alike. Especially alarming is the fact that many of the victims are human rights activists.

Forms of Red-Labelling from se victims were subjected to various nal Democratic Front of the Philippines Marcos until Aquino forms of political vilification. Professor (NDFP) through a combination of pub- Phillip Alston, the former UN Special lic vilification and operational measu- Political vilification, popularly known Rapporteur, affirmed the connection res such as extra-judicial killings. One as red-baiting or – labelling, has assu- of the extra-judicial killings of activists, of the most widely used forms of public med a different degree of viciousness journalists, party list leaders and hu- vilification is the widespread diffusion during the course of the US-sponsored man rights defenders to the systematic of the AFP power point presentation War on Terrorism. It has become more practice of public vilification by the Ar- “Know the Enemy” where numerous widespread, systematic and intense, med Forces of the Philippines (AFP) in legal organisations are listed as fronts and red-labelling now increa- of the CPP/NPA/NDFP. singly employs the terms com- The OPLAN BAYANIHAN of the munist-terrorist, terrorist and Aquino administration is no enemies of the state, which are different from its predecessor. applied similarly to both armed In fact, in its 2-year implemen- and unarmed political oppo- tation, it has proven to be even sition groups and individuals. more vicious. Extrajudicial kil- It has to be remembered that lings, enforced disappearan- following the 9/11 incident, ces and other serious forms President George Bush decla- of human rights violations red “if you are not with us, you continue. Most notably, social are against us.” The statement, services form part of a counter coming from the most power- insurgence under the guise of ful man in the world at that so-called “peace and develop- time, defined who the enemies ment.” AFP troops combine are – namely those resisting US military operations with the policies. The statement exacer- engagement in so-called “de- bated the violations of human velopment” activities. Apart rights worldwide. from stripping the civilian bu- In the Philippines, the War on reaucracy of its functions and Terrorism was adopted by the utilizing development projects Gloria Macapagal Arroyo ad- and social services for non-de- ministration through the state velopment objectives, the im- security policy OPLAN BANTAY plementation of development LAYA. OPLAN BANTAY LAYA activities by AFP troops as well equated counter-insurgency as civilians endangers civilian to counter terrorism and ex- lives. Furthermore, President panded its targets to legal List of Names by the 86th Inf. Battalion, linking various HRDs to the NPA (source: Aquino expanded the use of unarmed political opposition DINTEG) paramilitary groups and tribal groups and their members who militias from counter-insurgency have become victims of both politi- his country visit in 2007. He reported in to securing business corporations. Af- cal persecution and military action. detail that the counter-insurgency stra- ter the Taganito incident in Claver, Su- Under OPLAN BANTAY LAYA, more tegy includes dismantling “fronts” of rigao del Norte, President Aquino has than 1,200 cases of extra-judicial kil- the Communist Party of the Philippines sanctioned the use of militias by mining lings were documented. Most of the- (CPP)/New Peoples Army (NPA)/Natio- companies to secure their operations. 10 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Political Vilification in the Context of a Similar redefinition and reinterpretation of hu- Civil War and Global War on Terrorism man rights laws are contained in the Philippine Human Security Act of 2007 – suspected terro- The ongoing armed movements in the country rists and terrorists can be detained without war- – be it the war of liberation waged by the CPP/ rants, their communications can be intercepted, NPA/NDFP (Communist Party of the Philippines/ movements restricted, amongst others. Simply New Peoples Army/National Democratic Front of put, human rights laws and international huma- the Philippines) or the separatist movement un- nitarian laws are not applied to terrorists and der the MILF (Moro Islamic Liberation Front) and suspected terrorists. The Human Security Act is BILF (BangsaMoro Islamic Freedom Fighters) – are viewed by numerous human rights organisations rooted in the widespread poverty and extreme as a law legitimising terrorism of the state rather stratification of Philippine society. These revo- than protecting the civilian population from ter- lutionary movements have survived counter- rorism. insurgency programmes throughout different administrations. There is no indication that the Why Political Vilification is a Serious movements are weakening, despite increasing Human Rights Concern Rhoda Dalang budgetary allotment, not to mention the all-out 1960 (Mountain support provided by the US. Political vilification goes beyond the direct viola- Province/Philippines) The civil war in the country is rendered more tion on the human rights of the victim/s. Society director of DINTEG complicated due to the subservience of the Phi- as a whole bears the impact of vilification as this (Cordillera Indigenous lippine government to the US-driven War on builds a social consciousness that does not fol- Peoples Legal Center). Terrorism, a war being waged globally against low the logic of human rights and international Social activist in the struggle for right an unclear receiving end – who and where are humanitarian laws. Political vilification is a form to ancestral land the other parties to the war? It is now popularly of psychological warfare by creating a social and the right to self understood as a pretext for war of aggression consciousness that political dissidents, whether determination. against states resisting an exploitative and op- they are legal or armed revolutionary groups, pressive world order. Apart from rationalizing are one and the same – they are all ‘communist the war of aggression, the War on Terrorism ser- terrorists’, ‘terrorists’ and ‘enemies of the state’ ves to rationalise emerging concepts on redefi- and as communist terrorists, terrorists, enemies ning the scope of human rights laws – to exclude of the state, they are outside the protection of terrorists. At the forefront is the CIA, backed by human rights, rule of law and international hu- then President Bush, which has been pushing manitarian laws. for the legalization of the use of torture by the CIA to aggressively extract information from Political vilification has an impact in two diffe- those they suspect to be terrorists. Wiretapping rent forms on two different types of victims. One against terrorists and suspected terrorists is now victim is the person, organisation, or community legally sanctioned in the US. Suspected terrorists being vilified, who suffers various forms of in- can be kept in undisclosed safe houses. They are timidation, slander, prejudice, exclusion from deemed guilty until proven otherwise. human rights protection. The other victim is the

DINTEG is battling political vilifaction of inconvenient civil society actors. (Source IPON) OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 11

entire civilian population whose soci- al consciousness is being conditioned to accept sets of values and meanings Some examples of political vilification that are contrary to long established human rights laws and international of Indigenous People Human Rights Defenders humanitarian laws. The phenomenon is especially alar- ming because it is the state engaging Mildred Salang-ey, an Igorot student leader, was associated with a case of in this psychological warfare. Moreo- multiple murder and frustrated murder in relation to an attack of the NPA ver, these acts of political vilification against military troops in February 2011. She was issued a subpoena in April are deliberately employed by the state 2011. Despite filing documents refuting the charges, a warrant for her arrest as a strategy in countering insurgency. was issued in November. A month later, the court withdrew the complaint. Vilifying civilians as a strategy of vilify- Salang-ey was a student at the Mountain Province state College, regularly ing the CPP/NPA/NDFP equates to using attending her classes and hence the court saw no probable cause to charge civilians in countering an insurgency. her. What would have happened if Mildred was an out-of-school youth?

Challenges and Ways Forward: Jude Baggo, the secretary general of the Cordillera Human Rights Alliance From Political Vilification to together with 27 other human rights defenders and development workers is Other Related Human Rights listed in a “Target Persons, Municipality of Tinoc” of the 86th IB of the 5th ID Violations Committed Against Philippine Army. Each in the list is assigned various functions associated with Human Rights Defenders the NPA, such as “brains of the NPA”, “recruiter” or “supporter.”

While campaigning for the protection Rene Boy Abiva and Virgillo Corpuz, human rights defenders in the Cagayan of human rights defenders against po- Valley region are incarcerated in the Ifugao provincial jail since December litical vilification is a continuous task, 2012 on several counts of murder, which were actually ambuscades of there is an urgent need to look into NPA against AFP units in Ifugao. Mr. Abiva is working under the Pantawid other serious forms of human rights Pamilyang pilipino Program of Baggao, Cagayan while Mr. Corpuz is an violations lodged against human rights organiser of drivers under PISTON (Pagkakaisa ng mga Samahan ng Tsuper) defenders. One of these is the pheno- at Opereytor Nationwide. menon of trumped-up charges and in- carceration of human rights defenders 4 Lumad Banwaons of Nakadayas (Brgy. Mahagsay, San Luis, Agusan del Sur) on charges associated with activities were arrested on the 22nd July 2012 by the 26th Infantry Battalion on charges of the New People’s Army, and listing of being NPA member. After 4 days of incarceration, they were released – the HRDs in various forms of Order of courtesy of a member of the Office of the Presidential Adviser on the Peace Battle. Process who took them in custody. The 4 are members of the indigenous Indeed, the phenomenon of trumped- peoples organisation TAGDUMAHAN in San Luis, Agusan del Sur.1 up charges has been as systematic as the practice of political vilification. Romulo Andaya, Chairperson of PIGDIWATAHAN, an indigenous peoples Hundreds of human rights defenders organisation in La Paz, Agusan del Sur is incarcerated since August 2012 in are facing various forms of criminal the Provincial Jail of Patin- ay, Prosperidad, Agusan del Sur. He was accused charges, are listed in various forms of of being the leader of the NPA unit, which burned the equipment of the Order of Battle and are incarcerated logging company Provident Tree Farms Inc. (PTFI).2 in various jails in the country. All char- ges pertain to activities of the New Genasque Enriquez, secretary general of KASALO-Caraga and nominee of People’s Army. The cases on the right the KATRIBU party list was charged with murder and multiple frustrated shall illustrate the vilification of indige- murders in August 2012 during an NPA-military encounter. He was accused nous peoples human rights defenders. of being the leader of the NPA unit that launched the attack. However, at the Hundreds of similar cases in various time of the NPA-AFP encounter, Genasque was on air at a local radio station, parts of the country were documented which provided sufficiently strong evidence to have the case dismissed. and reported by KARAPATAN. The widespread lodging of malicious 37 indigenous members and leaders of the Manobo indigenous people‘s charges directly linking human rights organisation Maluhutayong Pakigbisog Alang Sumusunod (MAPASU) defenders with combat attacks of NPAs received charges of rebellion, frustrated murder, arson, illegal possession of demonstrate a widespread violation firearms and explosives and malicious mischief. All 37 Manobos of Surigao del of the rights of HRDs by the Philippi- Sur were named in an amended version of an earlier criminal case pertaining ne state. It is a core issue that human to an NPA attack on a Police Station in Lianga, Surigao del Sur on the 29th rights advocates must look into.  April 2011.3

1) Documented by the Kalipunan ng Mamamayan sa Pilipinas (KAMP) 2) Documented by the Kalipunan ng Mamamayan sa Pilipinas (KAMP) 3) Documented by the Kalipunan ng Mamamayan sa Pilipinas (KAMP) and Rural Missionaries of the Philippines 12 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Witnessing Red-baiting as it happens

Hannah Wolf, born in Germany, first came to the Philippines in 2004 as an intern of the Uni- ted Evangelical Mission/ United Church of Christ in the Philippines. She is now freelancing for the German „Action Network Human Rights Philippines” and currently works with her close friend Zara Alvarez, a human rights activist who faces fabricated charges of murder and robbery in band. Alvarez is incarcerated since 30th October 2012. IPON met Hannah Wolf in December 2013 in Cadiz City to talk with her about her perception of red-baiting.

IPON: What does the term red-baiting imply front organisations of the communist insur- Elena Sotres and why does it seem to be so predominant gency. in the Philippines? This practice of red-baiting turns acti- 27, born in Spain. She studied law and vists into bogeymen and suggests a state economics in Madrid Wolf: The term itself stems from the McCar- of emergency in which national security is and Berlin and works thy era in the 1950s and generally describes equally threatened by armed guerrillas and in the domain of a political campaign against communists. peaceful activists. The demonisation allows international fiscal law Embedded in the situation of armed con- the state to place activists outside the realm since 2010. She was a human rights observer flicts and a broad military counter-insurgen- of the law and creates a certain “state of with IPON in 2013. cy campaign (currently: Oplan Bayanihan) in exception” that legitimises all possible va- the Philippines, state actors publicly demo- riations of repression and illegal measures nize political activists as enemies of the sta- against these supposed enemies. As part of te, and as communist terrorists while critical the reigning system, powerful clans, the mi- and outspoken non-governmental organi- litary, the police and last but not least the sations as well as churches are labelled as judiciary avail themselves of this exceptio-

Fabian Erwig

28 (Cologne), he studied European Studies at Maastricht University. He has been working as a human rights observer with IPON since July 2013.

human rights defender Zara Alvarez on a demonstration, talking with the Police (Source Zara Alvarez) OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 13

nal space where they remain immu- as several other groups from the ne from prosecution. political left are part of it. In addi- NEWSTICKER +++ However, measures of repression tion, numerous individual activists often go beyond verbal vilification. are also being targeted. Why these Once an activist has become a tar- groups and persons in particular? get of the state and its military, he or she has to fear different forms Wolf: Those organisations that are + 6th June 2013: Successful instal- of physical repressions. Activists vocal in their state criticism seem to lation of 79 Agrarian Reform have disappeared, were illegally be most vulnerable, those who po- Beneficiaries(ARBs) in Hacien- arrested, detained, tortured or litically and socially organise large da Victoria in Brgy. Camang- killed. The case of Zara Alvarez is numbers of people and demand the camang, Isabela town, Negros an example for this widely applied greatest level of social and syste- Occidental. The event was ac- practice. As human rights activist matic change in Philippine society. companied by IPON Observers, she was branded a communist and However, any dissident who dares representatives of the Depart- terrorist, unlawfully arrested and to speak out and to side with eco- ment of Agrarian Reform (DAR) detained for trumped-up charges. nomically, socially and politically as well as the Philippine Milita- marginalised people appears to run ry and Police. IPON: When were you first made the risk of being branded as a com- aware of red-baiting in the Philip- munist and/ or terrorist, perceived + 1st August 2013: Final approval pines? as a threat to national security, and of the Rationalization Plan of thus becoming a target of the mili- the DAR titled Executive Order Wolf: I think it was only trough tary counter insurgency campaign. (EO) 366, dating back to 2004. IPON that I encountered the term The aim is to streamline wor- red-baiting. However, it was in IPON: The administration of former kload, reassign staff and to im- 2004 when I first learned about this President Gloria Macapagal Arroyo prove the general efficiency particular form of political repressi- passed a number of controversial within the regional offices. Im- on, which was rather called vilifica- judicial tools with regard to securi- plementation will start on the tion, criminalisation or branding of ty policy. How did, for instance, the 30th September 2013. activists that had been going on for Human Security Act (HSA) of 2007 decades then. influence red-baiting? + 5th August 2013: Memoran- dum of Agreement (MoA) si- IPON: If you are made aware of a Wolf: Laws like the HSA generally gned between Task Force Ma- case of red-baiting, how do you res- tend to further encourage and legi- palad (TFM) Farmers and the pond and what are your next steps? timise red-baiting. The law’s broad legal representative of Hacien- and indistinct definition of terro- da Carmenchika, Mr. Edgardo Wolf: Well, I am not an organisa- rism for instance did not correct the Alonso. The Farmers accept the tion that people report to. In the wrong interpretations of terrorism leasing terms, thus renouncing recent years it depended on the in the context of red-baiting but any claims for their own land networks in the Philippines and in rather encouraged arbitrariness in within the Comprehensive Ag- Germany, what efforts were under- terms of application. In the absence rarian Reform Program. taken and how we campaigned or of clear and precise legal provisions tried to draw the public and deci- the public discourse on terrorism in + 9th November 2013: Super-Ty- sion makers’ attention to cases. I the aftermath of 9/11, the instiga- phoon Haiyan/Yolanda ma- got involved in the particular case ted fear and perceived national th- kes landfall in the Visaya area. of Zara Alvarez because of our reat encouraged red-baiting, poli- Much farmland was affected friendship. The local organisations tical repression and related human in the northern part of Negros. are the ones who intervene first, rights violations, including war- Over 275,5 million Peso (esti- that assist the victims and docu- rantless arrests, torture to name mated 4,6 million Euro) dama- ment the cases. Only through local but a few. ges were reported in lost crops organisations and their documen- and fisheries. tation, are international organisa- IPON: According to your experi- tions able to fulfil a complementary ence, is there a direct link between + 23rd November 2013: TFM or- role through campaigns and lobby- red-baiting victims and extra-judi- ganises relief and rehabilitati- ing. cial killings as well as enforced dis- on efforts to their ARBs in the appearances? area. IPON: There are a couple of groups that are mentioned in the context Wolf: In view of the earlier men- of being victims to red-baiting. KA- tioned strategies and widespread ++++ RAPATAN and ANAKBAYAN, as well political repression, red-baiting can 14 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Political Detainee Zara Alvarez in Cadiz City Jail, August 2013 (Source Hannah Wolf)

lead to different forms of human rights vio- hard to see any changes beyond the lan- lations such as trumped-up charges, EJKs or guage. Oplan Bayanihan is presented as EDs. The targets or those being victimised the “new” military approach that respects are the same. Zara Alvarez, for instance, human rights and IHL. However, as a mat- had been branded as a communist and ter- ter of fact, human rights violations remain rorist for years. We had to anticipate that alarmingly widespread, a reality that makes the branding, surveillance and threats may it very difficult to take the so-called para- eventually translate into more severe and digm shift seriously. Credibility does not even life threatening violations. She had to stem from words but from action. A real pa- live with the constant fear and threat, radigm shift would first of all mean accoun- expecting something to happen, not kno- tability for previous and on-going human wing what. When she was unlawfully de- rights violations within the AFP. Yet, pro- tained, we were at least relieved, that we motions of AFP officials involved in human knew where she was and that she was alive. rights violations continue, to name just one Facing the hardship of a political detainee, example. Furthermore, the IPSP is projected she still repeats over again: “At least I can as a “whole nation” and “people centred” still create new memories with my loved approach that also includes peace and de- ones”. Once she will be released, the fear velopment work and construction of social will return. It can happen again. infrastructures, tasks that are originally civil in nature. Civil authorities should therefo- IPON: The Armed Forces of the Philippines re be strengthened to improve and extend (AFP) introduced the Internal Peace and Se- their services, especially in rural areas, in curity Plan (IPSP) – also known as Oplan Ba- order to enable demilitarisation rather than yanihan – to modernise the military and in- militarisation. crease cooperation with civil society. Others say, however, the plan aims at controlling IPON: You have had a long history of stan- and suppressing national activist groups. ding by the side of human rights activist How do you evaluate this initiative? Zara Alvarez in Negros. What is the back- ground of this case and to what extend can Wolf: In the first place, it should be the it be considered as a typical red-baiting is- people on the ground and at the centre of sue. the conflict and those who experience hu- man rights violations who should evaluate Wolf: Zara’s case is special in the sense that the military’s initiative and whether chan- she stands for the women human rights de- ges can be felt or not. As an outsider, it is fenders subjected to red-tagging, threat, OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 15

harassment, surveillance and trum- to avoid more “charges” and “wit- but also condemn human right vio- ped-up charges and it is unique nesses”. She has been detained for lations. Pressuring for crucial chan- because she is a single mother of a more than a year now, transferred ges and strict implementation of four-year-old girl who badly needs three times and continues to await given laws on different national her. In terms of red-baiting and its the truth to be unfolded in an im- and also regional levels is vital as modus operandi it is a fairly typical partial judicial process. well. example though. She was engaged in the field of human rights since IPON: According to your experi- IPON: How do you evaluate the school and continued her efforts ence, what can be expected from work of IPON towards the topic of through-out her life. Her activism national institutions and internati- red-baiting, especially the red-bai- includes documentation of human onal organisations? ting-forum in Manila? rights violations, assistance to the victims, political campaigns and Wolf: That is a very broad area. On Wolf: My cooperation with IPON education with different organi- the very basic level, one should ex- started only a couple of months sations in Negros. Ever since, she pect the President and governmen- ago, although I have heard of the has been accused and publicly la- tal bodies like the Department of organisation before. Concerning belled as a communist and terro- Justice, Supreme Court and Com- the case of Zara Alvarez, the last rist. Due to her work she was pre- mission on Human Rights to con- red-baiting-Forum in October pre- vented from entering communities demn any violation against human sented a good opportunity to crea- where human rights violations are rights and ensure fair and speedy te awareness on the national level. rampant. She was harassed, threa- judicial proceedings. Moreover, IPON does not only talk to national, tened and subject to surveillance. those involved in the fabrication of but also to regional actors – a rare The charges of murder and robbery charges and who allow this grave and decentralised approach, which in band filed against her and belie- abuse of judicial means for political is, I think, badly needed to support ved to be fabricated resemble other repression should be held accounta- human rights defenders and orga- cases. Her name was only amended ble. Foreign or international actors nisations in the regions. For Zara based on the use of John/Jane Does like IPON, Action Network Human herself, it is a great moral support and the testimony of an alleged Rights-Philippines, Asian Commissi- for her work. It is always good to rebel returnee. The warrant of ar- on for Human Rights, Amnesty In- know that the case is not forgotten rest neither indicated her correct ternational, European Institutions and that other organisations are in- name nor address. She was deni- such as the EU Parliament and its volved.  ed due process. She was visited by delegation in Manila, as well as dif- military intelligence inside the jail ferent UN Offices can raise public and forced to cooperate in order and decision makers’ awareness,

Presentation by a representative of the Philippine Army (Source IPON) 16 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

The Modus Operandi of Red-Baiting – The Cases of two Female Human Rights Defenders in the Philippines

The following article portrays two female human rights defenders who directly or indirectly pro- moted and protected human rights through their actions as a political activist and a church worker. Their engagement for marginalized rural poor made them and their affiliated organisation a tar- get of the Philippine military, which deliberately attempts to prevent them from their work by red tagging them as communist rebels and members of the New People’s Army (NPA). They have been victims of various human rights violations and are currently facing trumped-up/fabricated charges that were filed against them in order to prevent them from pursuing their socio-political engage- ment.

Nina Johnen Case Study I – Zara Alvarez – Political ganisations such as BAYAN2 and KARAPATAN3 on 1986 (Cologne/Germa- Activist Negros Island. Her engagement for those orga- ny), Political Scien- nisations put her in the public spot light, she vi- tist with a focus on Zara Alvarez is a 32 years old human rights acti- sited political forums and gave interviews to lo- International Relations vist and HRD. She faces one trumped-up charge cal newspapers and radio stations, during which and International for frustrated murder from 2010 and one trum- she exposed AFP and PNP (Philippine National Area Studies. Country Coordinator of IPONs ped-up charge for robbery in band from 2011. Police) staff’s human rights violations. In 2008, red-baiting project in Alvarez learned about the first trumped-up char- she was Deputy General Secretary of Bayan 2013. ge filed against her in October 2012. Together Negros and Education and Campaign Officer of with 43 other accused she was charged for mur- KARAPATAN Negros. Alvarez led Quick Reaction der of an Armed Forces of the Philippines (AFP) Teams (QRT) and human rights fact-finding mis- 1 Lieutenant in 2010. The charge led to her ar- sions for KARAPATAN that investigate human rest on October 30, 2012, and her imprisonment rights violations by state actors.4 in Cadiz City Jail. After her own personal inquiry, She was also active in ANAKBAYANs human Alvarez received the warrant of arrest for a se- rights Monitoring Teams (HRMT). Those conduct cond fabricated charge in April 2013. It concerns human rights workshops in communities which a case of robbery in band from 2011 wherein she are prone to human rights violations committed is accused of raiding a fish farm. After several by AFP and PNP. They educate peasants about transfers to different jails she is currently a poli- their rights and teach them strategies on how to tical prisoner in Handumanan City Jail. claim them. When the political situation is not too tense between activists and state person- Professional Background nel they also organise forums with local govern- ment units. Originally trained to become a teacher, Zara Alvarez is a political activist since she was a stu- Alvarez is the single mother of a toddler. Besides dent and an active member of the youth and the trumped-up charges that were filed against student organisation ANAKBAYAN1. her, raising her child and taking care of it while she herself is imprisoned constitutes her big- Within 6 years, she became General Secretary and gest personal challenge at the moment. Up to then Chairperson of ANAKBAYAN. In the course the present day, both AFP and PNP publicly state of her career, she carried out jobs for prominent that she is the Finance Officer of the communist Philippine political, social and human rights or- guerilla group NPA and public vilifications regar-

1) Anakbayan is the comprehensive, national democratic mass organisation of the Filipino youth. Established on the 30th of November 1998-the anniversary of Andres’ Bonifacio and pre-Martial Law organisation, Kabataang Makabayan–it seeks to unite the youths from different sectors of society to advance the cause of national democracy: workers, peasants, fisherfolk, urban poor, students, out-of-school youth, women, professionals, migrants, Moros, Christians, etc. URL: http://www.anakbayan.org/about/ (last viewed 10 December 2013) 2) Bagong Alyansang Makabayan (Bayan) or New Patriotic Alliance was established in May 1985, at the height of the struggle against the US-Marcos dictatorship. It brought together more than one thousand mass organisations, with a total membership of more than one million, representing different classes and sectors of society and committed to the people’s struggle for national liberation and democracy. Bayan is a multi-sectional formation struggling for national and social liberation against imperialism, feudalism and bureaucratic capitalism. It envisions a just society, free from foreign domination. URL: http://www.bayan.ph/site/about/ (last viewed 10 December 2013) 3) KARAPATAN is an alliance of individuals, groups, and organisations working for the promotion and protection of human rights in the Philippines. KARAPATAN was founded in 1995, and set up to respond to the needs of its member organisations. URL: http://www.karapatan.org/about (last viewed 10 December 2013) 4) After encounters between the AFP and the communist guerilla group National People’s Army (NPA), KARAPATAN sends Quick Reaction Teams (QRT) to the conflict areas. Arbitrary arrests, illegal detention, or torture are some of the human rights violations that occur during or after those encounters as the AFP often accuses local civilians to cooperate with and support the NPA. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 17

ding her private life are still broadcas- accused to be communists and close to lopment of the legal cases filed against ted by the AFP Radio. the NPA. They also experienced regu- her is uncertain. lar harassment by military and police Case Study II – Anecita Rojo – to demoralize and intimidate them and Church Worker the communities they worked for. One Red-Baiting Strategies: such incident was when they gave five Anecita Rojo is a psychologist and water buffalos to a rural poor commu- Military Instigated Resolutions church worker who spend eight month nity and all of them were shot by the as a political prisoner in Cadiz City military during the following night. Military Instigated Resolutions are Jail until she was released on bail on Between 2005 and 2008, Anecita Rojo one measure of the so called barangay August 13, 2013. After a murder and worked for GABRIELA women’s party5 Defense System (BDS)6 of the AFP’s ci- arson case against her was dropped, in two different positions. Due to her vil military and police operation unit. she still faces a trumped-up charge for professional background as a psycho- Civilian Armed Force Geographical Unit robbery in band in 2011. Rojo was able logist she volunteered as a guidance (CAFGU)7, Local Government Units, to bail out in August 2013 after she had counselor regarding violence against and barangay officials can file milita- spent nine month in prison. women. In addition, she worked as a ry instigated resolutions to, e.g., decla- researcher and finance officer for a na- re someone a “persona non grata” in Professional Background tional research project on abortion. It a specific barangay. This measure is a is during this time, that the intelligence common but non-legal strategy of the Anecita Rojo is involved in church com- becomes interested in her as a potenti- military to keep unwelcome activists munity work since 1988. All her enga- al asset as she is informed about and in- out of the barangays. Affected peop- gements focus on the improvement volved in the organisations’ activities. le are restricted to enter the barangay of rural poor’s living conditions on and cannot pursue their work as HRDs. Negros Island and their social and po- Rojo is married to an artist, together In most cases targeted activists never litical empowerment. Among other or- they have four children. In addition, receive official documents of the or- ganisations, she worked for the Negros she and her husband have been taking der, despite the fact that they have the Rural Assistance Programme and for care of her sister’s child after her death legal right to oppose such resolutions. the Basic Christian Community (BCC) in in 2002. In the sequel to Rojo’s release Zara Alvarez’ involvement in Fact Bacolod as an administrative officer. from prison, the family life is still domi- Finding Missions, Human Rights During all those years of activity, she nated by feelings of psychological and Monitoring Teams (HRMT), and the and her co-workers were repeatedly financial insecurity as the future deve- charges she filed against PNP and AFP

Church Worker Basic Christian Community (BCC) (1992–2002) Church Worker Institute on Socio-Pastoral Concerns Guidance Counselor Administrative (ISPC) (1990–1992) Violence agains women Officer Book- Finance Officer Negros Rural Assistance research project on abortion Program (NRAP) keeper GABRIELA (women’s party (2009–2010) Church Volunteer Center for People (2005–2008) Bacolod Friendship Ties Recources and Cooperation (BFTC) Services Inc. (CPRS) Church Worker (1988–1989) (2003–2004) St. Baptist Parish, Bago (2010–2012) 1988...... 2005 2006 2007 2008 2009 2010 2011 2012 2013 Trumped-up Charge Visit I: Military I: Arson Trumped-up Charge Intelligence Burning of Mill transloading III: Murder Offer to become an asset station of 2008 Allegation: Murder of AFP (Nov. 2008) (April 2010) Lieutnant of 2010 (Dec. 2012) (Dropped Sept. 2013) (Dropped July 2013) Observation of GABRIELA’S Office (2005–2008) Trumped-up Charge II: Robbery in Band Raid of a fish farm in 2011 Appointment of 2 Assets (Dec. 2011) Observation of the family (2008–2010) Visits II-VII: Military Intelligence New offers to become an asset (April-June 2010) Imprisonment Dec. 7th, 2012 Observation of Release on bail NRAP-Office August 13th, 2013 (2010) The Case of Church worker Anecita Rojo

5) GABRIELA Philippines: Gabriela is a nationwide alliance of more than 200 women’s organisations that cut across sectors and regions, plus chapters and support groups of Pinays and non-Pinays in various continents of the world. URL: http://www.gabrielaph.com/about/ (last viewed 10 December 2013) 6) The Philippine military/police organizes thousands of local residents in barangay Defense Systems to counter grow the presence of National People’s Army (NPA). 7) CAFGU was created in 1987 through Executive Order No. 264 entitled „Providing for the Citizen Armed Force“. Civilian Armed Force Geographical Unit (CAFGU) units are administered by, and under the operational control of, regular units of the AFP. The CAFGU units are made up of civilians and tasked to prevent the re-infiltration of insurgents into communities that have already been cleared of their influence by combat operations conducted by regular units of the AFP. 18 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

What are Legal Offenses/Attacks? To publicly portray HRDs as enemies of the sta- Legal offensives/attacks are the practice te or communists the military’s and police’s “ci- of mostly government representatives vil operation units” organise “forums on peace” to file trumped-up/fabricated charges at schools and universities and “pulong-pu- against HRD and/or their legal longs” in the barangays. During those public organisations in order to criminalise events the military informs citizens about po- them and prevent them from their work/ tential threats of terrorism and threats to the activities. Such charges usually exhibit existence of the state. They distribute photos of two characteristics. The elements of the so-called communists and spread rumours crime are common crimes such as arson, about their supposedly illegal activities. The na- robbery in band and murder. The group mes of those citizens considered as enemies of of co-accused is usually numerous and the state also appear on internal military black- lumps together HRDs with common lists formally called “Military Order of Battle”8. known NPA rebels. Although this practice has been officially aboli- shed, the existence of such lists is undeniable as copies have been provided to human rights or- personnel led to her and other KARAPATAN ganisations such as KARAPATAN. There is no op- staff’s public declaration as “personae non-gra- portunity for HRDs to take their names off the ta” in barangay Linantuyan, in 2008. lists, since these are kept top secret in order to protect the existence of the state. As a conse- Military Radio Show quence of said public events, social acceptance of imprisonment and violence against activists The AFP’s weekly one hour radio programme grows. The people’s natural understanding of has the objective to inform civil society about the legitimate use of state power is dulled and internal peace and security threats. However, estranged from reality. it is often used as a platform for public vilifica- tion and red-baiting of HRDs. The show helps Alvarez was mentioned several times at forums the military to create an atmosphere of insecu- on peace in barangays where she had been ac- rity and fear both among barangay citizens and tive. Her photo has been distributed, she has the mentioned activists. By implying that there been stigmatized as a terrorist and communist, are constant threats to the security situation of and the organisations she worked for have been the country, they legitimise their often dispro- portrayed as front organisations of the NPA. portional, law-violating actions against civil so- ciety and specifically against social and political Threats and Attempts of Intimidation activists. Activists mentioned on the programme can be sure that they are under constant surveil- red-baiting in practice may begin with relatively lance and will sooner or later become target of harmless measures: A victim may start recei- further attacks such as trumped-up charges, ving threatening text messages on his or her cell threats, or harassment. phone, e-mail account, or by mail. An unidenti- fiable motorbike driver passes by the victim’s Alvarez is mentioned during those radio shows house the same day and time every week, or until today. To ruin her professional and pri- even every day. Military representatives visit a vate reputation to an extent that the local com- person’s workplace or friends and inquire about munity stops cooperating with her, Zara Alvarez daily routines. All these actions aim to demora- is labeled as a communist and terrorist and called lize the HRD at an early stage so he/she stops a threat to the barangay’s security. In addition, his/her activities so as to prevent themselves but gossip regarding her private life is spread. also their families to be harmed. Forums on Peace and Pulong Pulong’s Between 2004 and 2007, and also in 2012 short-

„I always only wanted to help and support the rural poor. But now I am sit- ting here in jail, punished for my engagement, separated from my family. And I don’t know what the future will bring for me.“

Anecita Rojo

8) Ronalyn V. Olea: Military Admits Existence of Order of Battle, 05/30/2009. URL: http://bulatlat.com/main/2009/05/30/military-admits-existence-of-order-of-battle-groups-demand- probe/(last viewed 10 December 2013) OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 19

ly before her arrest, Zara Alvarez recei- diers to permanently live in the jail and ved numerous text mes-sages in which observe her and her visitors. Together she was warned to be careful; she was with one other woman, who at the told to being watched, and that she time had already been imprisoned for should not feel safe. Some of the mes- several years, Alvarez has been the sages also regarded the well-being of only political prisoner, wherefore it is her three-year old daughter. obvious that the soldiers were sent uni- In the case of Anecita Rojo, it was quely due to her presence. her husband who received texts over months until he changed his pho- When Anecita Rojo worked at ne number. In those texts the military GABRIELA, office staff noticed that asked him to finally convince his wife the office was under observation. to become an asset, and pressured him Some person lingered around the of- to cooperate. fice entrance all day and observed the coming and going of visitors and Surveillance staff. Between 2009 and 2010, Anecita Rojo was the administrative officer of HRDs are recognisably kept under sur- Negros Rural Assistance Programme. veillance at home and at their work- During that time the organisation’s of- place, either through technological fice was observed by a man from an Church worker Anecita Rojo was accused of arson, robbery in means like wiretapping of the phone opposite building for a period of three band and murder (Source IPON) lines, or by police informants who per- month. The staff’s suspicion was con- manently tail after the victims. Often firmed by the house owner, an old cal and regional level constitute the Non-Governmental Organisations lady, who admitted that the man be- biggest target group of such attempts (NGO), Civil Society Organisations longed to the intelligence. as they are generally suspected to be (CSO), and community members know After Rojo’s denial to become an asset, front organisations of NPA. about the identity of military intelli- military intelligence appointed two as- NGO staff with different backgrounds gence staff. So their mere appearance sets to spy on her family between 2008 reported to IPON that every single one creates an atmosphere of psychological and 2010. The first was a young man of them had received offers of coopera- insecurity and fear amongst the acti- who found shelter in the Rojo’s house tion on regular accounts. Hereby, mili- vists as they automatically assume they in 2008 after he had to leave his home tary recruiters follow a specific pattern. might themselves be the target of ob- due to family problems. His identity It is usually two people in plain clothes servation. Sometimes the military uses was uncovered when he visited Rojo’s that visit the barangay and socialize log-books, all barangay visitors have husband together with military intel- with the locals. They visit the family’s to sign when they enter the barangay. ligence in 2010. Rojo’s husband was houses, and while one stays outside as This practice is not legal but constitutes suspicious and approached the young watch-out the other one brings alcohol a common strategy of military and po- man, whereupon the latter commit- and is friendly with the family until he lice to identify and monitor the move- ted to be an asset and informed Rojo’s eventually unfolds the military’s offer. ment of civilians in an area. husband about another asset that had Usually, recruiters make sure that hus- been strategically appointed within band or wife of the targeted person is Zara Alvarez finds herself under cons- the family’s community. also present, so they involve them from tant surveillance since 2009. Even du- the beginning. Compensation offers ring her mother’s funeral and her Asset Recruitment rank from weekly financial support to daughter’s baptism intelligence of- the payment of children’s tuition fees. ficials roamed around the family’s Asset recruitment does not directly All NGO staff IPON talked to reported house. When the hearings of Alvarez’ constitute a practice of red-baiting but that they received threats via text mes- criminal charges began in 2013, milita- it indirectly serves the cause to weaken sage shortly after they denied coopera- ry and police intelligencer in plain clo- left-wing organisations that are often tion, and that they were approached at thes started to observe family, friends, targets of red-baiting, and it spreads least once more afterwards. and supporters. They followed them insecurity and fear among NGO and in public transport, took pictures of CSO members. Considering this, IPON Anecita Rojo and her husband were vi- them, and were present during all hea- decided to define it as an indirect stra- sited by a representative from the mi- rings. They even visited Alvarez in pri- tegey of red-baiting. litary intelligence for the first time in son and threatened her that another The recruitment of assets in order to 2008. The man in plain clothes had been charge would be filed against her if infiltrate left-wing NGO and CSO is a led to their house by a local from their she still refused to cooperate. Right country-wide practice to gather infor- village. When it was just the three of after Zara Alvarez was transferred to mation on the organisation’s activities, them, the man revealed his true iden- Handumanan City Jail in October 2013, finances, staff, and affiliated organi- tity. He asked Anecita Rojo if she was military and police appointed two sol- sations. NGO and CSO staff on the lo- willing to become an asset for the local 20 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

intelligence. He told them he was looking for a person who could inform the local military and police about activities of GABRIELA women’s party. At that time, Rojo had been working at GABRIELA for three years. The couple was of- fered not only monthly financial assistance but also help to resolve a criminal case that concer- ned a family member of the husband. When they repelled the offer, the recruiter wanted to set a date for another meeting, but they decli- ned. The next four months, Anecita Rojo’s hus- band received text messages that asked for the couple’s cooperation. The messages stopped only when he changed his number. Since the Zara Alvarez is a political detainee. Two trumped-up charges are pending. first visit in 2008, military and police intelligen- (Source IPON) cer visited him eight more times, and he also be- up charge filed against her in October 2012. gan to receive text messages again, pressuring Together with 43 other accused she has been him to cooperate with the military. During tho- charged for murder of an AFP 1 Lieutenant in se visits, the military did not only offer financi- 2010. In the original information she is not inclu- al support but also to drop the arson charges ded; but her name was added to a later point of in exchange for the desired cooperation. The time. The warrant of arrest was served to her du- last time the intelligence officials visited was in ring her arrest by more than 30 fully armed men, June 2010. During that visit they invited Anecita a composite of the police’s Special Action Forces Rojo’s husband to meet their boss at a hotel for (SAF), on October 30, 2012.The murder charges a personal talk. He again refused. are non-bailable. After her own personal inquiry, Alvarez recei- Trumped-Up Charges ved the warrant of arrest for a second fabricated charge in April 2013. It concerns a case of robbe- During the last years, legal attacks constitu- ry in band from 2011 wherein she is accused of ted one of the most utilized strategies to red- raiding a fish farm. Alvarez had already learned tag HRDs. The practice of legal attacks against about that charge in 2012, when one of her co- government critical individuals itself is not new workers from Bayan Negros, who was arrested to the Philippines. Under Marcos, this practice for the same charge, learned that she was one has been a country-wide phenomenon to pa- of his co-accused. The arraignment of the robbe- cify unwelcome political critics, and even after ry in band case was on May 9, 2013, the murder the dictatorship ended, the strategy persisted cases on May 28, when Zara Alvarez had already under all following administrations. However, been imprisoned for seven months. The trials for since the Aquino administration’s turn in 2010, both charges are going on until the time of wri- CSO and NGO representatives in all parts of the ting of this report. Philippines observe a constant rise of legal at- tacks on HRDs. Overall, as of November 30, 2013, Anecita Rojo learned about the first trumped- a total number of 338 political prisoners is de- up criminal charges filed against her on April 5, tained all over the Philippines, waiting for justi- 2010. Together with five others, she has been ac- ce. The majority of them are pre-trial detainees.9 cused of arson, more specifically of burning the loading station of a milling company. However, Zara Alvarez learned about the first trumped- the name of the accused did not match her real

„What happened to me and the many other newly incarcerated political ac- tivists is a warning for everybody, that if you will stand for your rights, talk about the plight of the farmers and workers, about human rights and human rights violations, you will face the same fate we are having now. Still, one voice is a noise, but more voices is a voice of freedom. Time will come that no amount of fear can stop us in cultivating everybody’s freedom.“

Zara Alvarez

9) Documented number by Task Force Detainees Philippines (TFDP) in 2013. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 21

Education/ Campaign Officer KARAPATAN Negros (2007–2008) Chairperson ANAKBAYAN Negros (2004–2007) Radio Show Host Campaign Aid Aksyon Radio (2007–2008) MAKABYAN – Panay Research and Coordinator You and Your Human Rights (2010) Documentation College Editors Guilt of the Philippines (CEGP) North Negros Alliance for General Secretary (2004–2007) Deputy General Secretary Human Rights Advocates ANAKBAYAN Negros (2002–2004) Bayan Negros (2007–2010) (NNAHRA) (2011–2012)

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Public Denunciation and Labeling Threats Official status as Terrorist/Communist in AFP Radio Show Text messages: (2004–2007) “I know what u just did.” (2012) Threats Text messages: “We are watching you” (2004–2007) Trumped-up Charge II: Rob- bery in Band Allegation: Raid of a fish farm Public Denunciation and of 2011 (April 2013) Labeling Official Declaration as persona non grata Public Denuncia- and Official status as Terrorist/Communist in AFP Radio Show (2008–2010) tion and Labeling AFP High School Forums on Peace (2012) Trumped-up Charge I: Murder Allegation: Murder of AFP Lieutnant of2010 (Oct. 2012) Political Detainee The Case of POLITICAL ACTIVIST and Human Handumanan (Negros) Jail Imprisonment: Oct. 30th, 2012 Rights DEFENDER ZARA ALVAREZ (2012–now) name: it was on Anecito Rojo and not with 51 others, she has been charged but not in regards to the implementa- on Anecita Rojo. An official document for murder of an AFP 1 Lieutenant in tion of policies and measures that con- on the case was only presented when 2010. This time, the charges led to her tribute to a peaceful conflict solution. some military and police representati- arrest on December 7, 2012, and her The political and social impact of such ves visited the Rojo’s house in their ab- imprisonment in Cadiz City Jail. In the understandings and developments is sence and showed a copy of the char- morning of that very date, two persons not foreseeable, yet; but it will und- ge to one of their sons. After that came to the convent and invited her oubtedly have an effect on the state visit, Anecita Rojo left her family, in- outside for a talk. They did not present of Philippine civil society in the present cluding two minors, for fear of an il- any documents but suddenly grabbed and future, as an active civil society is legal arrest and moved to her work her in concert with three other peop- one of the most crucial factors of sta- place. When a subpoena finally arrived le and forced her into a van. She was bilization to a democratic system. It is in 2011, Anecita Rojo immediately filed not allowed to contact her lawyer or the Philippine security sector itself that a counter affidavit but it took another the priest where she was employed but jeopardises regional and local securi- two years until the charges were finally was brought to the next police station ty by perpetuating a political and so- dropped in September 2013. without any further comments. cial conflict through their legal attacks In 2011, Anecita Rojo had to face a se- The murder charges have been drop- on members of civil society that would cond legal attack. Collectively with 46 ped in August 2013, and she was able usually contribute to its stabilisation.  others, she has been charged for rob- to leave on bail. The trial of the rob- bery in band of a fish farm. She and bery in band case is going on until the her family only learned about the char- time of writing of this report. ge by accident. When the Rojo’s son in law, also an HRD, was arrested for the The social and political impacts on same charge, he saw that one of his co- Philippine civil society of the above accused was his mother in law. The war- mentioned practices are severe. HRDs rant of arrest for this case was issued with different backgrounds told IPON based on Rojo’s own personal inquiry that they perceive themselves as par- when she was already imprisoned. The ticipants in an on-going civil war bet- arraignment of the case took place on ween citizens and state actors on the May 28, 2013, after she already spent regional and local levels. This impres- five months as a political detainee. sion is nurtured by the fact that HRDs In 2012, the military filed the third trum- experience state actor’s presence only ped-up charges against her. Together when they a targeted as state enemies, 22 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

TAKING ACTION: IPONs 3rd FORUM ON RED- BAITING PAVES THE WAY TO IMPLEMENTING A PREVENTIVE GUIDELINE

The phenomenon of red-baiting in the Philippines is diverse in its causes and effects. Recent research of IPON indicates the return of a rather old strategy of red-baiting: The filing of trumped-up charges against human rights defenders (HRDs). At IPONs third and last forum on the issue, victims of red-baiting and trumped-up charges participated for the first time and shared their experiences with the present state actors as well as mem- bers of civil society organisations (CSO). In the end, the objective to come up with initial ideas for a specific policy to prevent military personnel from red-labeling HRDs was suc- cessfully achieved and put actions to be taken in concrete terms.

The filing of common crime trumped- (the Cordillera Indigenous Peoples’ Legal Ann-Kathrin Marggraf up charges against HRDs is not an unusu- Rights Center), Nina Johnen from IPON 1987 (Haltern am See/ al practice in the Philippines. Government as well as Zeus G. “Noki” Calunsag from Germany). She was representatives, among them the military GREEN Mindanao (Geographic Rediscovery part of the Observer- and the police, use fabricated accusations of Endangered Environment and nature Team on Negros from against HRDs as preferred strategy in or- in Mindanao) and Chito Trillanes from July 2012 to July 2013. der to muzzle the activists or stop them the Catholic Church Social Action Center She holds a Masters degree in Political from their dedication (cf. p. 16 in this is- Cantilan. The presented personal cases ex- Science and Sociology. sue). They usually file several cases against emplified that trumped-up charges and one person, which are mostly not bailab- red-labeling can affect everyone who is en- le and built solely on eye-witness reports. gaged in human rights issues, such as wo- “Some charges are obviously trumped-up men rights, indigenous rights or environ- and the testimony evidences are big pro- ment protection. blems”, stressed Carlos H. Conde from “We are trying to protect the forest re- Human Rights Watch, while discussing the serve against the mining operation in the phenomenon. In this context, IPON as well area. During our information and educa- as other participants agreed upon the ne- tion campaign activities we were being cessity to strengthen the judges at the followed by some military personnel. I am Regional Courts which are prone to inti- currently under threat by Government and midation and influence to suppress those Non-Government elements”, told Chito made up charges in the first place. One of Trillanes the audience. the attendees highlighted that the HRDs usually have to face multiple cases and Tackling Mistrust and Foster warrantless arrests. But not only this: The Mutual Cooperation practice of filing cases against multiple unidentified suspects as “Jane/John Does” After discussing cases, causes and origins constitutes one of the easiest and most of trumped-up charges as one key strate- used strategies to criminalise HRDs. The na- gy of red-labeling HRDs, the indispensab- mes of “Jane/John Does” can easily be subs- le question arose: What preventive mea- tituted with the names of inconvenient ac- sures can be undertaken and how can tivists, which then have to face trumped-up suspected HRDs receive help from Philippine charges. “This happens in several cases be- state agencies? cause of the flaws in the judiciary and the Basically, trust in the reliability and objecti- executive branch”, said Dr. Aurora Parong vity of state agencies needs to be restored. from Amnesty International Philippines. Col. Parayno, Chief of the military human Hence, the participants stressed the neces- rights office, emphasized the paradigm sity for a more profound investigation re- shift that came along with the new Internal garding doubtful cases against HRDs. Peace and Security Plan “Bayanihan” and replied to the critical questions of the par- Case Studies ticipants (cf. p. 16 in this issue). “We are welcoming information about any possible The grim reality of HRDs who have to deal case of red-baiting and are taking a look at with trumped-up charges was underlined by the files. We are open for communication the speeches of Rhoda Dalang from DINTEG and depend on the reports of the citizens”, OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 23

Participants of the 3rd forum on red-baiting in Manila 2013 (Source IPON) he told the audience. However, as HRDs as state enemies as well as Visayas, Mindanao) and exchanged Chito Trilanes pointed out, it is using red-labeling as a strategy to their experiences and presented not as easy as it might seem for victimize HRDs needs to be approa- possible instruments and methods. the victims to trust the military ched per se. The results from the engaged and and refer their cases to the Human fruitful discussion were then pre- Rights Office, due to the fact that Action to be Taken sented to the audience and led to a most accusations come from mili- set of recommendations for the mi- tary personnel itself. Col. Parayno Sensitivity for the issue of red-bai- litary. A first summarising draft for stressed the efforts the military is ting in the military is one key ele- the final version of “A Guideline undertaking in order to dissemina- ment to prevent this kind of human AFP ground line personnel on the te the advocacy and information rights violation in the first place. prevention of red-baiting/red-la- work, for the foot soldiers but also Hence, IPONs 3rd forum aimed to beling of HRDs and/or their legal for higher ranking officers so that summarise initial recommenda- organisations in conflict and non- “basic human rights are respected, tions for a guideline to milita- conflict situations” has just been soldiers understand the rule of law ry personnel and use the gathe- submitted by Col. Parayno. It is and the military is brought to a red knowledge and experience to aimed at a contribution to the fi- higher moral ground.” go one step further then the two nalising process of the guideline by years before and start to “walk the members of the regional working However, tackling the problem talk” (cf. p. 4 in this issue). In the groups (cf. p.28 in this issue). As a does not solely rely on rebuilding afternoon, the participants1 from non-intervening international ob- trust relationships and mutual co- CSO, NGO, the media, state agen- server, IPON wishes to observe and operation among the citizens and cies as well as the Commission on accompany the process and thus to the state agencies – in particu- Human Rights joined three re- push the involved parties to take lar the military. The perception of gional working groups (Luzon, action. 

1) Altogether, the following organisations and agencies joined the forum: ALG (Alternative Law Group), AFRIM (Alternative Forum on Research in Mindanao), Ateneo Human Rights Center, Bantay Bayanihan/ Libertas, Balay Rehabilitation Center, Bayan Muna, CRC (Children Rehabilitation Center) DINTEG (Cordillera Indigenous Peoples Legal Center), CBCP-NASSA (National Secretariat for Social Action), FLAG (Free Legal Assistance Group), PhilRights (Philippine Human Rights Information Center), UP IHR (University of the Philippines Institute of Human Rights), Green Mindanao, Social Action Center Cantilan, Surigao del Sur, CMCR (Central Mindanao Regional Committee), Free Cocoy Tulawie Movement, Bacolod Diocese, AI Philippines (Amnesty International Philippines), AMP (Action Network Philippines), AFAD (Asian Federation Against Involuntary Disappearance), Forum ZFD, FES (Friedrich Ebert Foundation), Forum Asia/TFDP (Task Force Detainees of the Philippines), HRW (Human Rights Watch Philippines), HSS (Hanns-Seidel Foundation), ICRC (International Committee of the Red Cross), Aksyon Radyo, Armed Forces of the Philippines, Philippine National Police, CHR (Commission on Human Rights), Department of Justice, Presidential Human Rights Commission, Office of the Presidential Advisor on Peace Process, European Union, United Nations OHCHR, Gesellschaft für International Zusammenarbeit (GIZ). 24 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

“We need a change in mindset” Interview with Col. Roderick M. Parayno

by Nina Johnen Among Philippine state actors the Philippine military allegedly commits most of the human rights violations such as enforced disappearances, extra-judicial killings, torture and red-baiting. The former Chief of the national Army Human Rights Office, Colonel Roderick M. Parayno, became the Chief of the Armed Forces of the national Philippines (AFP) Human Rights Office in May 2013. Besides providing human rights, international humanitarian law and rule of law education to military representatives, the main ob- jective of the office is to tackle the high number of human rights violations. IPON met Col. Parayno to talk about the AFP Human Rights Office‘s aims, work and policies that specifically address the issue of red-baiting.

Tobias Lorch IPON: The Philippine security sector finds problem alone. Not only because we have 1993 (Schlierbach/Ger- itself in a transformation process since the learned that a military solution is not a many), participates in Aquino Administration started its term in solution to this problem. We need the a work-study program 2010. The AFP Internal Peace and Securi- concerted efforts of the different sectors in Business Adminis- ty Plan (IPSP) ”Oplan Bayanihan” is the of society, including even ordinary pri- tration and Logistics at the Baden-Wuerttem- new administration’s counter-insurgency vate citizens. We need a change in mind- berg Cooperative state programme, which constitutes one of its set. Everybody needs to understand that University. He was most important reform attempts in order he/she is part of the solution – I can do human rights observer to secure the protection of international something to help. for IPON in 2011/12. human rights standards. What are the ob- jectives of “Oplan Bayanihan” in compa- IPON: Have you set priority issues that you rison with the former counter-insurgency want to focus on during your term as the program “Oplan Bantay Laya”? Chief of the AFP Human Rights Office?

Parayno: Foremost, all of our campaigns Parayno: My question is: How to accom- have the intention of preparing the coun- plish this work? In my short stint here as try for a situation where a positive deve- the chief of the Human Rights Office, I lopment can easily be reached: A peaceful have come to realize that despite our ef- environment, in which the insurgency is forts to advocate for human rights and put down to a level where local execu- educate other units of the AFP and dif- tives can exercise their roles and can do ferent stakeholders, I need to prove the Anna Hollendung their job, so that a positive change can be AFP‘s credibility by telling and showing made. To do this you have to at least lessen the people that we are taking this task se- 1983 (Bremen/Germa- the presence of the armed red groups. The riously. So, how can I do that? ny), Research Associ- difference of “Oplan Bayanihan” – compa- Probably the first step is a faster resolu- ate at InIIS (Institute for International and red with earlier programs – is that it calls tion of cases. If cases are brought to my Intercultural Studies/ for the assistance, participation, help and attention, then I can easily initiate an in- Bremen University). even concern of the other sectors. The vestigation if needed. IPON-Observer in main difference is that its crafting already I am very happy; when I have talked to 2010. involved civil society organisations (CSO) commanders and even ordinary soldiers and different stakeholders. Earlier plans within the last two months, they often were crafted by our leaders and sub-lea- knew what we have been discussing about ders only. Of course, there were subcom- human rights and international humani- mittees but in the end the decisions were tarian law. Some commanders even asked taken in the headquarters. for my opinion whether their plan of ac- That is why Bayanihan is called Bayanihan tion is in compliance with existing rules [a Tagalog expression for being a town, of international humanitarian law and hu- nation or community helping each other]. man rights. I think I made a dent already The name urges for a paradigm shift in in this endeavor. the way we think. The problem of insur- So what I am doing is: I am partnering gency is no longer perceived as a military with different groups and the Commis- OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 25

sion on Human Rights to get their tions. I am very confident, happy inputs on some aspects of milita- and hopeful that our lieutenants Memorandum of ry operations; and if warranted, I will appreciate human rights al- Agreement: the Il- can draft a guideline or directive ready once they become senior so that it can be implemented in officers. That is what we are ho- lusion of a Solu- the field. My work with the Red ping for. tion Cross and their trainings taught me that we should include direc- IPON: What other state actors tives or instructions that relate to does the AFP Human Rights Office The last issue tackled the human rights and international cooperate with in order to devel- precarious situation of the humanitarian law as early as pos- op strategies that will improve indigenous Mindanao-based sible in the planning stage of our the overall human rights situation HRDs of PADATA. Ten years actions. When we plan our work in the Philippines? ago, PADATA applied for an we should already include inputs Ancestral Domain title so as that will protect human rights in Parayno: We work with CSO that to gain the exclusive power of the conduct of operations. were previously perceived as anti- disposal over their tribal terri- AFP or anti-government; and now tory, based on the Indigenous IPON: How would you explain we try to listen to their concerns. Peoples Rights Act (IPRA). that a human rights violator such Now, we are open to critics. Their However until now, large as Col. Jovito Palparan, who was inputs can help us with our trans- parts of the area are occupied also involved in incidences of red- formation. We collaborate with by the private rancher Ernesto baiting, is still not brought to jus- the Commission on Human Rights Villalon who controls this area tice and manages to hide from the and even with various internati- with the help of private secu- authorities? onal groups such as foundations. rity guards, despite the expiry It is encouraging for me. We ne- of his license in 1997. The land Parayno: Palparan‘s name always ver run out of groups who want conflict culminated in 2010 comes up and it is really unfor- to help us. I am telling the CSO when violent acts against tunate for the AFP because he not to stop criticizing the AFP. PADATA members resulted in belongs to that group of soldiers, I just ask them to also give us a the assassination of Welcie which has that tendency to do the pat on the back if we are doing Gica. Almost three years later, wrong things; to commit viola- something right, so that I can tell justice seems to be more elu- tions to accomplish their missions. the troops that we are doing fine sive than ever: the last perceiv- The armed forces used to be un- in this aspect. able effort of the police to ex- der a dictator. Probably they were ecute outstanding warrants of corrupted by the system and that IPON: How would you explain arrest dates back to July 2012. is where the tendency to violate that red-baiting of human rights Meanwhile no noticeable and undermine the rights of other defenders by AFP and the police progress in the processing of people comes from. It is unfor- persists especially on the regional PADATA’s land title claim was tunate that Palparan went up the and local level? What are the root made. While both the police ladder and reached the rank of a causes of this issue? and the NCIP remain inac- general with that kind of mindset. tive, thereby neglecting their This is now my challenge: How Parayno: I think the main cause duty to safeguard the rights to eradicate that kind of mind- for it is that there was a school of the PADATA members, the set or change those who think of thought that considered these Department of Environment that way? When we are about to different groups and persons as and Natural Ressources in- do something, say an operation, enemies and that is being correc- tervened more frequently we have specific instructions in- ted right now. So the IPSP Baya- than ever. It engineered what cluded in our plan. Palparan was nihan specifically states that the might first look like an accept- alleged to have committed viola- enemies are only those espousing able compromise: it negoti- tions, which cannot be included armed struggle. You may be cri- ated a so-called Memorandum or qualified as specific instruc- tical of the government; that is of Agreement (MoA). This tions. They are in effect violations allowed as long as you are not MoA is supposed to create a of human rights and international espousing armed struggle. We “win-win”-situation for all humanitarian law. Our orders are welcome critics. parties involved and bring specific. We don’t have those in about lasting peace. It stipu- our orders (alleged violations). IPON: However, as red-baiting has lates that PADATA and some For a lieutenant, it is hard to be- already been in existence for such other peasant groups receive lieve that Palparan would have a long time, what would you say segments of the total area ignored giving the right instruc- are the root causes? Why does it 26 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

still happen that military staff on the re- sonnel tackling the issue of red-baiting gional and local ground red-tag people? under your guidance? What is the overall objective of the guideline? And what ex- Parayno: Well, number one, we have not actly does it include? been able to reach out to every soldier to explain the concept of red-baiting and Parayno: The number one objective is not that is why our new guideline (being draf- to wittingly create enemies out of inno- ted) will be of great help because it will cent people. Because prior to this I recei- facilitate dissemination. Number two, we ved reports from different groups, IPON have to continuously remind our soldiers included, that the practice existed. That is that we have this new paradigm. In all why I want to raise consciousness for this my rounds, I have to continuously remind issue among different leadership levels in them of the concept of IPSP Bayanihan. the AFP. Under my watch, the practice is It was announced in December 2010. The considered as a human rights violation. first six months of 2011 were allocated That way soldiers will be conscious to ask for its dissemination and to advocate for at least what red-baiting is. Those who it. Then, I was assigned with the training were practicing red-baiting did not know and doctrines command of the Philippi- that what they were doing is already red- ne Army and I think, we need more time baiting... For the longest time they have for dissemination. So you can say that we been doing it and they thought that it is were doing that for the whole of 2011, just right to do so. In their mind, these and continued its dissemination in 2012. If people or groups are enemies. So we have you will look at the violations, it is only in to tell them – as a result of the paradigm 2013 that we can really claim that there is shift – that is not the right perspective to a big drop in the human rights violations. look at them. So the guideline will bring more consciousness. IPON: You have mentioned that the AFP At the same time we encourage asking Human Rights Office is in the process of questions: What is red-baiting, what is developing a guideline to ground line per- red-tagging or red-labeling? That way we

Col. Erick Parayno, Nina Johnen from IPON and Atty. Marlon Manuel appreciate the results of the 3rd forum on red-baiting (right to left) (Source IPON) OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 27

currently occupied by Villalon, subject to the condition that they “terminate all actions pending in courts or other bodies” against the opponent parties. This is strictly speak- ing a governmental instiga- tion to impunity. The charg- es filed against the assumed murderer of Welcie Gica are part of the pending actions. The situation surrounding the signature of the MoA was as questionable as its content: the date was preponed on short notice, thereby not al- Col. Roderick M. Parayno, Dominik Hammann, Jan Pingel (f.l.t.r.) at the Red-baiting Forum 2012, Manila (source IPON) lowing the participants to prepare sufficiently, and the will initiate discussion and more to have a formal meeting with clause on dropping all charg- and more members of the AFP will people from the operations and es as a precondition for the be knowledgeable about it. Kno- intelligence family to discuss this validity of the MoA was only wing the concept of red-baiting wrong practice. We have to im- mentioned in the English ver- allows you to understand the di- prove the treatment of civilians. sion, which was signed by all rective and gives you the moral Because these are civilians who parties, but not in the Visayan ground to follow it and not to vi- are wrongfully accused! And if the version which was read out olate it. AFP tells the people that we are aloud to PADATA members. following the rule of law, then in- Furthermore it ignores that IPON: Do you have any plans on deed we have to follow it, right? the jurisdiction lies with the how to abolish the military‘s courts and only a judicial or- practice of publicly labeling and IPON: What impact does the pre- der can declare a warrant of accusing human rights defenders sence of international nongovern- arrest null and void. Knowing and their affiliated organisations mental organisations, such as this, both Villalon’s lawyer as communists, rebels and state- IPON, have on your work? and security guards persis- enemies? tently tried to persuade the Parayno: They are of great help Gica family to drop their cases Parayno: The guideline will ac- and I welcome them. As a matter against the alleged murderer. tually stop that practice. The im- of fact I want more organisations Although no physical violence portant question is how fast we to come. They keep me not only was used, the frequent visits can disseminate the guideline to on my toes, the organisations also ended up demoralizing Welcie lower units. This will entail a very give personality to issues and they Gica’s relatives and they de- busy schedule for me personally legitimize complaints. Moreover, cided to settle on receiving because my way of doing this is to being a partner of these different monetary compensation. To personally discuss the guideline groups helps to facilitate dissemi- make any further criminal pro- with the commanders. nation of important human rights ceedings impossible, the law- concepts and principles and inter- yer also convinced all witness- IPON: IPON has observed an in- national humanitarian law. So I es of the murder to change crease of legal attacks on human welcome them. their affidavits. Believing that rights defenders. Do you have any this was necessary to finally plans to tackle this issue? IPON: Thank you very much for have the MoA implemented, the interview!  the witnesses did as they were Parayno: I intend to include that advised by Villalon’s law- in the discussion of red-baiting. yer. Consequently in juridical Red-baiting starts the commission terms, it appears that Welcie (act of committing) of different Gica was never murdered; he violations. So once we have exp- might as well died in an acci- lained that red-baiting is wrong, The interview was conducted by Nina Johnen, dent, simply disappeared, or people will understand and fol- transcripted by Tobias Lorch, and edited by Anna Hol- have never existed at all. low a new practice. I am inclined lendung 28 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

Abu-Sayyaf-Baiting – Being a Muslim, being a terrorist?

While the problem of red-baiting is more and more noticed by the Philippine state and media, criminalization in other sectors is still underrepresented in public. Especially the situation of muslim human rights defenders in the ARMM-Region (Autonomous Region of Muslim Mindanao; in the west of Mindanao) is alarming. Temogen “Cocoy” Tulawie is detained for more than two years because of an alleged connection to the Islamic- fundamental Abu Sayyaf Group.

A lack of international attention on a region state authorities due to his political commit- Erik Tuchtfeld supports an environment of human rights ment. Temogen “Cocoy” Tulawie is an active violations by local governments, individual HRD in the mentioned Sulu-Archipelago. In 1993 (Kassel/ Germany), from authorities or groups, who are de facto ru- his engagement as a HRD in a region that is July to November ling the area. Therefore, it is especially im- mainly known because of violent conflicts, 2013 he worked portant that local human rights defenders he chose an peaceful way in trying to solve as a human (HRDs), as a group or as individuals, earn conflicts between the people and state au- rights observer special protection by the state in these regi- thorities. After a long time he was able to in Bukidnon, Mindanao. Since ons. Regarding to the Universal Declaration convince many people in his hometown and December 2013 he of human rights, which is ratified by the Re- the whole Sulu-Archipelago that demons- is part of the IPON public of the Philippines and implemented trations and petitions are better than the Team in Bacolod, in the national constitution, the state itself use of arms. Negros. is responsible for the protection and impro- During his struggle, he rapidly came in con- vement of human rights. tact with Governor Abdusakur Tan, who In Southern Mindanao, the Sulu-Archipela- wanted to introduce a privacy-intrusive go is one example for a territory that faces and discriminating identification system. a wide range of different problems from Tulawie was able to mobilise the masses to extreme poverty and a high criminality rate demonstrate against the identification sys- to Islamic terrorism. It became part of the tem. As a result, the Commission on Human Autonomous Region in Muslim Mindanao Rights (CHR) evaluated the planned projects (ARMM) after the Muslim independence as a “blatant violation of human rights”. movement in the late 1980‘s. However, the During the next years Tulawie and Tan also aim of radical Islamic groups, such as the came into conflict about other events, such Abu Sayyaf Group (ASG), operating in the as aerial bombings. area is not an autonomous region but a When Governor Tan decided to declare the complete independent Islamic theocracy in state of emergency for the region of Sulu, Southern Philippines. Tulawie finally decided to contact a higher, The most common government response to not regional, but national authority and ap- the increase of terrorist acts is to give more pealed directly to the Supreme Court (SC). authority to investigating agencies and As a result of his action, it has become evi- stricter punishments to sentenced persons. dent that Tulawie is a serious opponent of In a corrupt judicial and political system, a despotic government that disregards its the given authority can be easily misused by precarious human rights situation and the powerful state agencies for their own ad- legal aspect of its decisions. vantage or for blaming political opponents. While the petition against the state of Especially in the conflict between Civil Soci- emergency was still pending at the SC, the ety Organisations (CSO), in which HRDs are situation for Tulawie deteriorated. After a mainly organized, and state authorities the bomb attack against the Governor, he was fear of trumped-up charges, invented con- accused to be the mastermind behind the nections to radical groups and not-prose- attack based on his alleged Islamic-funda- cuted harassment are a tremendous danger mental background. The true reason behind and barrier for the commitment of HRDs. the accusation obviously seems to be his po- The case of Temogen “Cocoy” Tulawie is an litical activism. example of how a HRD got in conflict with Tulawie, who has fought his whole life for OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 29

An indication for the state’s recog- HRDs. In order to get the witnesses nition of the problem is the estab- they used the opportunity to free lishment of the National Commissi- persons, who were evidently ASG on on Muslim Filipinos (NCMF). The member, if they in return made tes- NCMF noticed the need for a bet- timonies against HRDs. ter protection of Muslim Filipinos The given examples show that the against untenable accusations. All Philippine state cannot be called of its members are directly appoin- inactive in its efforts to protect ted by the President and it is their Muslim HRDs, but until now the very special task to improve the po- established programs are not suf- sition of Muslims in the Philippine ficient but vulnerable for corrup- society. Therefore, they established tion and abuses. Especially after – in cooperation with the Depart- extensive violent conflicts like the ment of Justice (DOJ) – a program Zamboanga War it is necessary that that should investigate whether the state‘s fight against terrorism Muslims are falsely accused of is performed with appropriate sen- being members of the ASG and are sibility and stays free of human Cocoy Tulawie and IPON Observers signing the mandate contract imprisoned despite an obvious lack rights violations or threats against (source:IPON) of probable cause.1 The recurring HRDs. It is necessary that the Phil- a peaceful and nonviolent change, releases of wrongly suspected per- ippine state supports the work of was now classified as a potenti- sons shows the importance of such CSO and grants access to informati- al terrorist. Overall, Tulawie is an a program. on and detainees to guarantee that example of a civil society member Although the program is a step in HRDs and their supporters can sa- getting in conflict with powerful the right direction, it was already fely advocate for human rights and state authorities and as a result is misused by some powerful state uncover the misuse of power by in- suddenly facing trumped-up char- authorities, which wish for a stop fluential individuals.  ges. of the HRDs‘ activities as they per- It is one of many known cases of ceive their work as a hazard for trumped-up charges made against their own course of action. In or- government opponents and critics, der to reach their goal, some state which are accused of having Isla- authorities planned onbuying wit- mic-fundamental ties. nesses to have them confess against

What does „fair trial“ mean in case of trumped-up charges? Observers from IPON are present in a pre-trial of Cocoy Tulawies case (source: IPON).

1) The term „Abu-Sayyaf-Baiting“ has first been introduced by Alexia Knappmann (cf. Knappmann, Alexia (2011): Terrorist or Terrorised? Abu Sayaf-Baiting in the Philippines In: OBSERVER, vol. 3, no. 2, pp. 28-31). 30 OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014

IPON and the Instrument of Human Rights Observation

The International Peace Observers not intervene in any internal conflict Observation: It can be difficult to Network (IPON) is a German indepen- and will not interfere in the strategies get unfiltered information from con- dent non-intervening and non-pro- of the accompanied HRD. flict areas. The possibility to document fit organisation which aims for impro- The organisation only goes into a con- events in situation makes the reports ving the human rights situation in the flict area after a request from a human of the IPON observers very valuable. Philippines by sending observers to rights defending organisation and af- The documentations always take place conflict areas. ter preliminary studies which include in regard of human rights. Because of an examination whether the instru- the legalistic approach the role of the The Instrument of human rights obser- ment of human rights observation is state actors is essential in the critical vation is based on the idea that, if a suitable for the present situation. analysis of the human rights situation. country has ratified the UN “Universal Declaration of Human Rights” (and/or The work of IPON is based on four pil- Informing action: The informati- other relevant interna-tional declara- lars: on that has been gathered directly in tions on human rights), it is therefore the conflict area and has been ana- responsible to enhance, respect, and Presence: The IPON observers will be lysed by the observers are brought to implement human rights. If a count- present at the side of HRD who are ex- the attention of an international pub- ry does not follow these responsibili- posed to human rights violations be- lic. IPON is in touch with different in- ties independent international obser- cause of their work. Their presence is stitutions of the Philippine state and vers will document these violations of supposed to prevent assaults and ena- points out their responsibility of imple- human rights and bring it to public at- ble the unhindered work of the HRD. menting human rights. In Germany the tention. IPON follows this legalistic ap- The presence of international obser- reports are handed over to the public. proach to human rights. vers is believed to rise the inhibition They serve as a basis for the work of or- Since 2006 IPON accompanies orga- threshold for encroachments. ganisations, pressure groups and poli- nisations of human rights defenders ticians. This way the international pres- (HRD) in the Philippines, starting with Accompanying: HRDs are accompa- sure on the Philippines to guarantee the request of the farmers orga-ni- nied to different ventures like poli- human rights rises. IPON is convinced sation KMBP (Kilusang Magbubukid tical actions, meetings with govern- that the publication of human rights ng Bondoc Peninsula) in Bondoc mental institutions, or conferences. violations will finally lead to their de- Peninsula, Quezon Province. Since 2008 In some cases individuals who are es- crease and prevention. IPON observers are present in Negros pecially endangered get company by Occidental accompanying the HRD of IPON members. TFM (Task Force Mapalad). IPON will

Partnergroups in the Philippines: PADATA (Panalsalan Dagumbaan Tribal Association) TFM (Task Force Mapalad)

Current Project: IPON highlights red-baiting in the Philippine human rights discourse and offers platforms both to state and civil society actors to tackle the issue.

Aims and Scope

OBSERVER: A Journal On Threatened Human Rights Defenders offers a forum for analysis, strategies and debates regarding human rights observation in the Phil­ippines with a focus on human rights defenders. How is the implementation of the UN Human Rights Charta performed by Philippine institutions? Which are the elemental dangers human rights defenders in the Philippines are exposed to? These are some of the possible topics. Comparisons with other countries will expand the handling and perspectives of human rights observation. Each publication has its own thematic emphasis. Guest articles from different disciplines and organisations are welcome. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines | Volume 6 | Number 1 | 2014 31

Imprint

OBSERVER: Editorial deadline A Journal on threatened Human Rights vol. 5, number 1: April 2014 Defenders in the Philippines

Editorial board financial support Carmen Albers, Lukas Bauer, Josefine Brauer, Gregor Solidaritätsfond Keienburg, Anna Hollendung, Ann-Kathrin Marggraf Hans-Böckler-Stiftung; not responsible for the Image Processing: Gregor Keienburg content Layout: Anna Hollendung Cover: Tobias Lorch Proofreading: Carmen Albers, Stephanie Berry, Luca The findings, interpretations, and conclusions Martin, Marie-Christine Rufert expressed in this paper are entirely those of the author(s), they do not necessarily represent the Editor views of IPON. I.P.O.N. International Peace Observers Network Project Office This work is licenced under the Creative Nernstweg 32, 22765 Hamburg, Germany Commons Attribution 3.0 Germany Licence. www.ipon-philippines.info To view a copy of this licence, visit [email protected] http://creativecommons.org/licenses/by/3.0/de/. +49 [0] 402 5491947 Reprints are welcome, please send us two copies. Office address in the Philippines Excluded from this are all photos not referred Ruiz Street, Sumpong to as „IPON“; they are copyrighted material 8700 Malaybalay and all rights are reserved. [email protected] phone: +63 [0] 9393205776

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SWIFT/BIC-Code: GENODEM1GLS IBAN: DE40430609671119085800 Bank: glS Gemeinschaftsbank, Germany Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms

Adopted by General Assembly resolution 53/144, of 9 December 1998

Article 1 (c) To communicate with non-governmental or and have that complaint promptly reviewed Everyone has the right, individually and in intergovernmental organisations. in a public hearing before an independent, association with others, to promote and to impartial and competent judicial or other strive for the protection and realization of Article 6 authority established by law and to obtain human rights and fundamental freedoms at the Everyone has the right, individually and in from such an authority a decision, in national and international levels. association with others: accordance with law, providing redress, (a) To know, seek, obtain, receive and hold including any compensation due, where Article 2 information about all human rights and there has been a violation of that person’s 1. Each state has a prime responsibility and fundamental freedoms, including having rights or freedoms, as well as enforcement duty to protect, promote and implement all access to information as to how those rights of the eventual decision and award, all human rights and fundamental freedoms, and freedoms are given effect in domestic without undue delay. inter alia, by adopting such steps as may be legislative, judicial or administrative systems; 3. To the same end, everyone has the right, necessary to create all conditions necessary (b) As provided for in human rights and other individually and in association with others, in the social, economic, political and other applicable international instruments, freely inter alia: fields, as well as the legal guarantees to publish, impart or disseminate to others (a) To complain about the policies and actions required to ensure that all persons under its views, information and knowledge on all of individual officials and governmental jurisdiction, individually and in association human rights and fundamental freedoms; bodies with regard to violations of human with others, are able to enjoy all those (c) To study, discuss, form and hold opinions on rights and fundamental freedoms, by petition rights and freedoms in practice. the observance, both in law and in practice, or other appropriate means, to competent 2. Each state shall adopt such legislative, of all human rights and fundamental domestic judicial, administrative or legislative administrative and other steps as may freedoms and, through these and other authorities or any other competent authority be necessary to ensure that the rights appropriate means, to draw public attention provided for by the legal system of the state, and freedoms referred to in the present to those matters. which should render their decision on the Declaration are effectively guaranteed. complaint without undue delay; Article 7 (b) To attend public hearings, proceedings Article 3 Everyone has the right, individually and in and trials so as to form an opinion on their Domestic law consistent with the Charter of association with others, to develop and discuss compliance with national law and applicable the United Nations and other international new human rights ideas and principles and to international obligations and commitments; obligations of the state in the field of human advocate their acceptance. (c) To offer and provide professionally qualified rights and fundamental freedoms is the legal assistance or other relevant advice and juridical framework within which human Article 8 assistance in defending human rights and rights and fundamental freedoms should be 1. Everyone has the right, individually and in fundamental freedoms. implemented and enjoyed and within which all association with others, to have effective 4. To the same end, and in accordance activities referred to in the present Declaration access, on a non-discriminatory basis, to with applicable international instruments for the promotion, protection and effective participation in the government of his or her and procedures, everyone has the right, realization of those rights and freedoms should country and in the conduct of public affairs. individually and in association with others, be conducted. 2. This includes, inter alia, the right, to unhindered access to and communication individually and in association with others, with international bodies with general or Article 4 to submit to governmental bodies and special competence to receive and consider Nothing in the present Declaration shall be agencies and organisations concerned with communications on matters of human rights construed as impairing or contradicting the public affairs criticism and proposals for and fundamental freedoms. purposes and principles of the Charter of the improving their functioning and to draw 5. The state shall conduct a prompt and United Nations or as restricting or derogating attention to any aspect of their work that impartial investigation or ensure that from the provisions of the Universal Declaration may hinder or impede the promotion, an inquiry takes place whenever there is of human rights, the International Covenants protection and realization of human rights reasonable ground to believe that a violation on human rights and other international and fundamental freedoms. of human rights and fundamental freedoms instruments and commitments applicable in has occurred in any territory under its this field. Article 9 jurisdiction. 1. In the exercise of human rights and Article 5 fundamental freedoms, including the [...] For the purpose of promoting and protecting promotion and protection of human rights human rights and fundamental freedoms, as referred to in the present Declaration, Article 20 everyone has the right, individually and in everyone has the right, individually and in Nothing in the present Declaration shall be association with others, at the national and association with others, to benefit from an interpreted as permitting States to support international levels: effective remedy and to be protected in the and promote activities of individuals, groups of (a) To meet or assemble peacefully; event of the violation of those rights. individuals, institutions or non-governmental (b) To form, join and participate in non-govern­ 2. To this end, everyone whose rights or organisations contrary to the provisions of the mental organisations, associations or freedoms are allegedly violated has the Charter of the United Nations. groups; right, either in person or through legally authorized representation, to complain to