indeed, militarization, and HR violations were committed by elements of both the military and the Alamara, within the ancestral domains of IPs in sitios and barangays of Talaingod and Kapalong. Forced Recruitment to Armed Groups 25. Tribal leaders and support group leaders averred36 that the military frequently suspected Lumad of being NPA members. To prove otherwise, they claim that the military forces them to bear arms against the NPA, either as members of the AFP or of the Alamara. 26. The military belies these charges and counters that it does not “organize, train or arm any group to fight against the NPAs.”37 They also deny that IPs are recruited as members of the Alamara. The military claims that it “has regular forces and Civilian Active Auxiliaries (CAAs) who are recruited and employed in accordance with existing AFP Regulations.”38 27. The Commission is convinced that the Alamara is not a creation of the military. However, the Commission is also of the belief that there is clear cooperation between the military and the Alamara in fighting the NPA. The expensive firearms of the Alamara establish a reasonable ground to believe they are being supplied by the military. Thus, the Commission calls on the AFP to exercise its authority over the Alamara in upholding the spirit of HR law and international humanitarian law in the conduct of counter-insurgency operations. 28. The AFP admitted that there are IPs who voluntarily enlist themselves as members of the Civilian Active Auxiliary (CAA).39 This fact is reflected in the document it submitted to the Commission, showing that, at that time, there were 255 IPs enlisted as CAA, of which 116 came from Talaingod, while 139 came from Kapalong.40 29. The Commission strongly cautions the AFP against violating the spirit behind specific provisions of the laws on engaging IPs, particularly RA 8371, RA 7610, and RA 9851. The AFP is reminded that IPs and ICCs are entitled to special protection and security during armed conflict,41 and that the State is proscribed from recruiting members of the ICCs/IPs into the armed forces for the use against other ICCs/IPs. 30. The NPA is equally involved in recruiting IPs. Although massive discontent is a breeding ground for anti-government sentiments, as the Martial Law experience of the Filipino people validates, recruitment of IPs into insurgency, especially for use against other ICCs/IPs, is strongly proscribed. 36 See paras. 23, 27, 47, 68 and 75. 37 Tab “I” – AFP Recruitment Policy and LOI Tanggol Bayan Delta. 38 Id. 39 Id. 40 Attachment “A” to the letter/position paper of M/Gen Valencia. 41 Section 22, RA No. 8371. 10

Select target paragraph3