43. The allegation that schools are teaching matters outside of the DepEd
approved curriculum and operating as fronts of the CPP-NPA-NDF are
very serious. If proven, their closure would be warranted. However, the
investigation must be comprehensive and independent and the evidence
supporting closure must be clear and convincing.
44. The strong bias of this Commission, recognizing the basic human right to
education, is towards the operation of alternative schools, especially in hardly
reached areas.
45. The unilateral issuance of a Notice of Non-Renewal of Permit that led to the
temporary closure of STTICLC schools could have fallen short of prescribed
HR standards. IPs are guaranteed the fundamental freedoms recognized
under international HR law, and among these fundamental rights is the right
to due process.50
46. Based on the testimonies of DepEd representatives, the State did not provide
the STTICLC officials the opportunity to contest the intended closure of
their schools. It must be stressed that the IPs, particularly children, including
those living outside their communities, have a right to education in their own
culture.51 The temporary closure of the subject facilities, no matter how brief,
violated this right.
47. The Constitution guarantees the right of all citizens to quality education at
all levels and commands the government to take appropriate steps to make
such education accessible to all.52 The State shall establish, maintain and
support a complete, adequate and integrated system of education relevant to
the needs of the people and society.53 As regards IPs, the State encourages
non-formal, informal and indigenous learning systems, as well as self-learning,
independent and out-of-school study programs, particularly those that
respond to community needs.54
Employment of Paramilitaries and Militias
48. As far back as Martial Law under Marcos, the AFP has been persistently
linked to private militias and paramilitary groups.55
49. Alamara and paramilitary abuses figure prominently in the complex discourse
of issues concerning the Lumad of Mindanao, particularly those who
encamped in the UCCP Compound in Haran, Davao. Alamara was regarded
by Datu Bontolan and other Lumad leaders as a paramilitary group organized
by the AFP.
50. They described harassment in the hands of the Alamara. They identified it
50 Article 1, UNDRIP.
51 Article 14, UNDRIP.
52 Id., Section 1, Article XIV
53 Id., Section 2 (1), Article XIV.
54 Id., Section 2 (4), Article XIV.
55 United States Department of State Bureau of Democracy, Human Rights and Labor, Philippines 2013 Human Rights Report in
Country Reports on Human Rights Practices for 2013, at 10.
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