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.
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