69. On the part of the State, the employment of CVOs and SCAAs is necessary
for counter-insurgency, as the AFP force is not sufficient to combat several
insurgency movements waged by the CPP-NPA, the MILF, the MNLF, and
the Abu Sayyaf Group. Auxiliary forces can take responsibility for village
defense from insurgents. Moreover, the counter-insurgency platforms have
stretched the budget of the State and eroded its capacity to provide services
to the public in general. The legitimization of private militias with their
integration into the AFP unburdens the military from having to protect
private investments.
70. However, armed auxiliary forces do not undergo trainings as much as the
regular forces and, by AFP admission, do not necessarily possess the latter’s
discipline.72 In the case of SCAAs, since they receive their salaries and
allowances from private sources, they may be employed for purposes not
sanctioned by law. Add to this the laxity of regulatory mechanism in accessing
firearms. This contributes to the proliferation of privately armed militias
which may be recognized as SCAAs, lending vigilantism some cloak of
legitimacy.
71. In essence, these are actually paramilitary groups, armed by the government
but largely uncontrolled by it. Their irregular or auxiliary status blurs the
line of accountability of the AFP or other legally mandated authorities. The
latter can disown or repudiate acts of the paramilitaries or militias which have
implications on HR accountability. Private actors, not usually regarded as HR
duty bearers, are generally not held accountable for HR violations, although
held accountable under criminal laws of the state. This contributes to a
culture of impunity where state security forces are actually implicated.
72. In its 2012 Concluding Observations on the Philippines, the UNHRC
expressed alarm concerning privately-armed military auxiliary groups, as well
as the high number of loose weapons in the country. Other member States
of the United Nations expressed equal concern. During the second cycle
of the Universal Periodic Review of the Philippines in 2012, some States
recommended the revocation of Executive Order 546 and the dismantling or
disarming of paramilitary forces, militias, and armies.73
73. Whether organized according to customary law or not, the Alamara is armed.
It is alleged to be a paramilitary group with Lumad membership, taking orders
from the AFP. It is implicated in egregious HR abuses against IPs,74 including
those who encamped in Haran.
74. The Commission reminds the AFP that, under Section 22 of the IPRA, it
“shall not recruit members of the ICCs/IPs against their will into the armed
72 Dona Z. Pazzibugan, Paramilitary force out in 4 years, says Army commanding general in Philippine Daily Inquirer, 15 May
2012, accessed from http://newsinfo.inquirer.net/203855/paramilitary-force-out-in-4-years-says-army-commanding-general.
73 Human Rights Council, Report of the Working Group on the Universal Periodic Review: Philippines, A/HRC/21/12, 9 July 2012
74 Children’s Rehabilitation Center, Child rights groups condemn Alamara and the AFP as vicious violators of human rights! 30
August 2013 accessed from http://www.childrehabcenter.org/news/ mediareleases/child-rights-groups-condemn-Alamaraand-afp-vicious-violators-human-rights.
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