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July 6, 2024
by IBON Foundation

The United States’ (US) extensive overseas military engagements since World War II have resulted in millions of deaths worldwide. Since 1945, the US has used its global network of bases and military agreements to invade or intervene in 96 countries. These operations started during the so-called Cold War, as the US sought to prevent communist expansion, and continue today under a self-declared War on Terror.

The US deploys its military forces under various pretexts including peacekeeping, humanitarian intervention, enforcement of international law, democratization, alliance-building, counterterrorism and ironically even preventing war. Its interventions range from direct military actions to covert operations to military support for client states. Lasting from days or weeks to over many years, these result in significant loss of life.

The first proxy war of the Cold War was in Greece from 1947-1950 when the US provided vast military support for the Greek government to prevent it from falling into the Soviet sphere of influence. This started decades of military intervention and assistance by the US to contain the spread of communist ideals and influence.

• Korea (1950-1953) – US forces joined South Korea in its war with North Korea, which was among the deadliest of the Cold War era.
• Vietnam, Laos and Cambodia (1955-1975) – US forces supported and eventually joined South Vietnam in its war against North Vietnam; this longest and deadliest conflict of the Cold War included massive bombing campaigns on Laos and Cambodia.
• Guatemala (1960-1996) – The US supported consecutive dictatorships with military and other assistance especially for its anti-communist operations.
• Indonesia (1958-1961) – The US supported Permesta rebels against the Sukarno government, and also backed the eventually successful Suharto coup.
• Cuba (1961) – The US supported the Bay of Pigs invasion which tried to overthrow the Cuban government.
• Colombia (1964-2013) – The US sent special operations forces and provided massive military assistance for counterinsurgency and later counter-narcotics operations.
• Dominican Republic (1965-1966) – The US invaded the Dominican Republic to ensure a reliable client state.
• Congo (1967) – The US supported the Mobutu regime with military hardware and munitions.
• Chile (1973) – The US supported the military coup to overthrow Salvador Allende and then also the dictatorship that followed.
• East Timor (1975-1999) – The US supported Indonesian invasion forces.
• Angola (1976-1992) – The US supported military resistance and coup attempts against the Leftist government.
• El Salvador (1979-1992) – The US supported the military dictatorship and its efforts against the Leftist insurgency.
• Nicaragua (1981-1988) – The US supported right-wing Contras to combat the Leftist Sandinista government.
• Grenada (1983) – The US invaded Grenada to ensure a reliable client state.

The US continued with its overseas military interventions even as the Cold War wound down:

• Libya (1986) – The US bombing of Libya was among its earliest attacks which used international terrorism as a justification.
• Iran (1987-1988) – The US fought naval and air battles against Iran, including shooting down a civilian airliner killing everyone on board.
• Panama (1989-1990) – The US invaded Panama to overthrow the government.
• Iraq (1990-2003) – The US launched air and ground offensives to expel Iraq from Kuwait during the Gulf War, followed by bombings and crippling economic sanctions on Iraq until 2003.
• Somalia (1992-1995) – The US invaded Somalia to secure its oil reserves for American corporations.
• Haiti (1994-1995) – The US invaded Haiti to reinstate an allied government overthrown by a coup.
• Yugoslavia (1993-1999) – Under the cover of North Atlantic Treaty Organization (NATO) operations, the US’s air combat and bombings in the former Yugoslavia were its first in Europe since World War Two.

In the 21st century, the US used its so-called war on terror to justify large-scale invasions, attacks and many other military interventions:

• Afghanistan (2001-2021) – The US invaded Afghanistan on the pretext of responding to the 9/11 terrorist attack and going after Al-Qaeda.
• Yemen (2002-2023) – The US sent special operations forces into Yemen and launched the first of hundreds of drone strikes against Al-Qaeda.
• Iraq (2003-2011; 2014-2021) – The US invaded Iraq on the pretext of going after weapons of mass destruction to overthrow the government of former ally Saddam Hussein; this was followed by air strikes and military support against the Islamic State of Iraq and Syria (ISIS).
• Pakistan (2001; 2004- 2018) – The US deployed troops for its invasion of Afghanistan and attacks on Al-Qaeda; it later also launched hundreds of drone strikes to support the government against rebel groups.
• Somalia (2007-2024) – The US conducts drone strikes, air strikes and ground operations against supposed terrorists.
• Libya (2011-2020) – Under the cover of NATO operations, the US conducted air, drone and artillery strikes to overthrow the Muammar al-Qaddafi government.
• Syria (2014-2021) – The US conducts drone strikes, air strikes and ground operations against ISIS.
• Ukraine (2022-present) – The US attempt to expand US influence to Russia’s borders by including Ukraine in NATO provoked Russia to invade Ukraine; it is fighting a proxy war with Russia through massive military support to Ukraine.
• Palestine (2023-present) – The US is the strongest supporter of Israel in its genocidal war on Palestine; Israel is already the largest cumulative recipient of US military aid which even increased three-fold in 2024 since the attacks on Gaza.

The US’ hostile military actions abroad violate the United Nations (UN) Charter’s provisions on peaceful settlement of disputes and refraining from the use of armed force except in self-defense after an armed attack by another state. None of the countries the US has invaded or attacked previously initiated hostilities against it. The US acts without Security Council approval when it wants to and also systematically violates many other UN resolutions and international law.

The most severe of the US’ acts of aggression have resulted in some 13-23 million deaths in at least 28 nations. Direct US military actions in at least 16 countries have caused around 7-13 million deaths. US-supported or -instigated armed conflicts in 19 countries have led to some 6-10 million deaths. There are countries where the US has engaged both directly in combat and indirectly through active military support.

These figures still do not include casualties from all the governments the US has supported militarily in their domestic conflicts against supposed insurgents and other political opposition. Many tens of thousands more have been killed by client states with US support and using US-funded and -supplied war materiel, such as in the Philippines.

These extensive casualties underscore the high human cost of the US’ militarist strategy for maintaining its global hegemony. Ensuring the political subservience of governments to conform with US geopolitical objectives and ensuring access to countries’ economic and natural resources are essential to this.

As it is, the Stockholm International Peace Research Institute (SIPRI) reports US military spending of US$916 billion in 2023 to be the largest in the world. This is over triple the next biggest spender China’s (US$296 billion), and more than that of the following 20 countries combined (Russia, India, Saudi Arabia, United Kingdom, Germany, Ukraine, France, Japan, South Korea, Italy, Australia, Poland, Israel, Canada, Spain, Brazil, Algeria, Netherlands, Taiwan and Turkey).

Sources: United Nations/OHCHA (2024), Global Conflict Tracker (2024), Zinn Education Project (2024), Center for Justice & Accountability (2024), Institute for Policy Studies (2024), Center for Civilians in Conflict (2024), Justice for Colombia (2024), Geopolitical Monitor (2024), Human Rights Watch (2024), US Congressional Research Service (2024), US Department of Defense (2024), SIPRI (2024), Jonathan Masters and Will Merrow (2024), Watson Institute for International and Public affairs (2023), China Society for Human Rights Studies (2023), Mark Clapson (2019), Colombia National Center for Historical Memory (2016), Margaret Alston (2015), American Archive of Public Broadcasting, Dan Vergano (2013), Gideon Polya (2013) and James A. Lucas (2007, 2013), John Tirman (2012), Matthew Weaver (2011), Lancet (2006), Medact (2002) and Noam Chomsky (1995)

March 6, 2024
KODAO PRODUCTIONS

GENEVA, Switzerland—The Philippine UPR Watch again called for the abolition of the National Task Force To End Local Communist Armed Conflict (NTF-ELCAC) and the junking of the controversial Anti-Terrorism Act of 2020 in its ongoing participation at the 55th Regular Session of the United Nations Human Rights Council (UN HRC) in this city.

A delegation of the group informed various permanent missions of member states and international civil society organizations based in Geneva last Monday and Tuesday of the results of two recent visits of UN special rapporteurs who denounced government’s red-tagging practices.

The group said they it is attending the session to testify on continuing human rights violations under the Ferdinand Marcos Jr. government.

“We are here to inform the international community that the findings by both special rapporteur on climate change and human rights Ian Fry last November and special rapporteur on freedom of expression and opinion Irene Khan last February that human rights violations continue are true,” Center for Environmental Concerns executive director Lia Mai Torres said.

Philippine UPR Watch said the rest of UN member states must be informed that both experts recommended the abolition of the NTF-ELCAC and called for the review of the anti-terror law that are being used against human rights defenders and other civilians.

A network of human rights defenders in the Philippines, the Philippine UPR Watch said it is scheduled to deliver oral interventions at the UNHRC session and its other events to give updates on the government’s lack of compliance to its commitments to the international body 20 months after the last review on the Philippines.

“The Marcos Jr. government wants to paint a rosy picture of so-called improved rhetoric and improved conditions but we are here both as victims and witnesses that anti-people policies have not changed as evidenced by the exit statements by Mr. Fry and Ms. Khan,” Torres added.

Clergywoman as victim of weaponized law
Among the main topics in the 55th UN HRC session are discussions on countering religious hatred and social security and public services.

With the Philippine UPR Watch delegation is Rev. Glofie Baluntong of the National Council of Churches in the Philippines who was among the first charged by the government under the controversial Anti-Terror Law of 2020.

Based on an earlier murder charge in August 2021, Baluntong was slapped with an alleged violation of the Anti-Terror Act in August 2022 which was recently dismissed by the public prosecutor for lack of merit.

“But the dismissal came with the warning that the case may be re-filed anytime that the military or the police decides to do so,” the clergyperson said.

The United Methodist Church pastor was charged by the military of assisting the New People’s Army.

But the pastor said she was performing necrological services to a member of her church at the time she committed the alleged murder she was initially charged with.

“The government is saying that my work with the indigenous people’s communities make me an enemy of the state,” Baluntong said.

Baluntong said that red-tagging attacks and trumped-up charges prevent her from performing her ministry with the indigenous peoples and poor communities in her home province of Mindoro.

With Baluntong and Torres is IBON Foundation executive director Sonny Africa who said that his participation in the 55th session is in preparation for the anticipated official visit of the UN special rapporteur on extreme poverty.

Africa is also expected to participate in the panel discussion on challenges and good practices to realize the right to social security and to provide quality public services.

Delegation co-leader and Karapatan legal counsel Ma. Sol Taule said, “This delegation supports suggestions made by the UN experts who recently visited the Philippines to continue our engagements leading to the submission of their respective final reports to the UN HRC.”

The Philippine UPR Watch delegation is also scheduled to speak at forums in various cities in Switzerland and throughout Europe during the duration of the UN HRC session. # (Raymund B. Villanueva)

[DISCLOSURE] The reporter is a member of the PH UPR Watch delegation as chairperson of the People’s Alternative Media Network that also spoke with UN special rapporteur on freedom of expression and opinion Irene Khan in her visit to the Philippines earlier this year.

IBON International
December 11, 2023

The UDHR recognises that unless human rights is protected by the rule of law, people will be “compelled to have recourse, as a last resort, to rebellion against tyranny and oppression.” We witness this in Palestine. This is also happening in Burma, West Papua, India, and the Philippines.

In the Philippines, belligerent forces represented by the National Democratic Front of the Philippines (NDFP), and the current government, both announced intent to resume peace talks in late November. Brutal counterinsurgency efforts by the Philippine government, implemented with an “anti-terror” pretense, have not quelled revolutionary movements struggling for national sovereignty from US power, and democratic rights primarily based on land redistribution to landless peasants.

This recent development foregrounds Philippine social movements’ demand for peace based on social justice. A key component of social justice is the realisation of the full range of people’s economic, social, cultural, and civil-political rights, possible through political sovereignty and the democratic governance over resources and development. Working towards just peace also entails holding perpetrators of gross injustices and rights violations to account, from atrocities during Marcos Sr.’s Martial Law, to Duterte’s brutal drug war and counterinsurgency which are continued by the current administration of Marcos Jr.

𝘛𝘩𝘪𝘴 𝘪𝘴 𝘵𝘩𝘦 𝘵𝘩𝘪𝘳𝘥 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘢 𝘧𝘰𝘶𝘳-𝘱𝘢𝘳𝘵 𝘴𝘰𝘤𝘪𝘢𝘭 𝘮𝘦𝘥𝘪𝘢 𝘴𝘦𝘳𝘪𝘦𝘴 𝘰𝘯 𝘵𝘩𝘦 75𝘵𝘩 𝘢𝘯𝘯𝘪𝘷𝘦𝘳𝘴𝘢𝘳𝘺 𝘰𝘧 𝘵𝘩𝘦 𝘜𝘋𝘏𝘙.

HumanRightsDay #UDHR75

National Union of Peoples’ Lawyers
Press Statement
December 10, 2023

On International Human Rights Day 2023:
NUPL calls for justice, equality, and the inherent dignity of all

We march the streets with fervent calls to end abuses by oppressive regimes globally and hold the past and current administrations of Duterte and Marcos accountable for their gross violations of human rights and international humanitarian law.

Seventy-five years since the global adoption of the Universal Declaration of Human Rights (UDHR), the world now grapples with heightened levels of violent conflict, escalating inequalities, and pervasive impunity amid an urgent climate emergency.

In the Philippines, gross violations of human rights and international humanitarian law under the current Marcos Jr.-Duterte regime have starkly defied well-entrenched principles of international law. Practices such as extrajudicial killings, abductions, enforced disappearances, fake surrenders, red-tagging, and the weaponization of law not only constitute legal transgressions but also undermine the foundations of a just society. The continued existence of NTF-ELCAC underscores the misuse of state power to suppress dissent, quash opposition, and instill an atmosphere of fear and intimidation.

Our condemnation extends to the atrocities in Gaza, where imperialist powers fuel war and perpetuate suffering. The plight of the Palestinian people warrants global attention and collective resistance against forces that historically perpetuate oppression.

On this day, we reassert our commitment as peoples’ lawyers to wield the law for social transformation and stand in solidarity with people worldwide in the struggle for a just, equitable, and humane world.

As the people, we pledge to champion justice, equality, and the inherent dignity of all. ###

Stop the imperialist wars and political repression!

Hold to account the US-Marcos-Duterte regime!

Reference:
Atty. Ephraim B. Cortez
NUPL President
+639172092943

Dec. 08, 2023
DAVAO TODAY

DAVAO CITY, Philippines – The date November 23, when Philippine government representatives and the National Democratic Front of the Philippines (NDFP) signed a joint statement for the possible resumption of peace talks, is significant, says a peace and human rights observer.

It was also November 23, six years ago, that former President Rodrigo Duterte terminated peace talks through Proclamation 360 and launched a “whole-of-nation” approach that attacked peace negotiators and activists alike.

Peter Murphy, chairperson of the International Coalition for Human Rights in the Philippines (ICHRP), said that the Philippine government re-opening possible talks with the NDFP as “a rejection of the (Ferdinand) Marcos Jr predecessor Duterte’s termination of peace talks …on the same day”.

Various peace groups also welcomed the announcement made on November 28 that the Marcos Jr administration and NDF are working to resume peace talks after six years.

Government representatives met with NDFP peace negotiators in Oslo, Norway, and signed a joint statement on November 23 to sign a joint communique to signify the opening of talks.

“Cognizant of the serious socioeconomic and environmental issues, and the foreign security threats facing the country, the parties recognize the need to unite as a nation in order to urgently address these challenges and resolve the reasons for the armed conflict,” the communique said.

The statement was signed by the Special Assistant to the President Sec. Antonio Ernesto Lagdameo Jr. on behalf of the GRP with Presidential Adviser on Peace and Reconciliation and Unity Secretary Carlito Galvez Jr. and former Armed Forces of the Philippines Chief of Staff General Emmanuel Bautista as witnesses.

NDFP National Executive Council member Luis Jalandoni signed together with NDFP Negotiating Panel interim chairperson Julieta de Lima and member Coni Ledesma.

The communique acknowledges Bautista for initiating informal talks in the past years with the late NDFP chief political consultant Jose Maria Sison.

Calls for peace ‘remain strong’

Murphy said the resumption of talks is a validation of the people’s call for a solution to peace beyond counter-insurgency measures.

“The joint statement is the result of the Filipino people’s struggle for a genuine just and lasting peace that remains strong and undeterred despite political setbacks and ongoing counterinsurgency that cannot crush the people’s united will to fight for change,” he said.

The talks were terminated by Duterte in 2017, just when the negotiating parties were about to complete the comprehensive agreement on socio-economic reform.

After that, Duterte launched his “whole-of-nation” policy, which included the creation of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) in 2018. He signed the Anti-Terror Act in 2020.

These policies, rights advocates say, have resulted in red-tagging, arrests, and even murders of peace consultants and activists.

Next steps

The third-party facilitating group, the Philippine Ecumenical Peace Platform, welcomed the resumption of talks, as they had made this appeal to President Ferdinand Marcos Jr as way back in 2022.

“We hope that various barriers to peace will be resolved through dialogue and principled negotiations,” said PEPP co-chair Archbishop Antonio Ledesma of Cagayan de Oro.

Bishop Felixberto Calang of Iglesia Filipina Independiente, who has witnessed the peace talks in Norway, hopes the joint statement be concretized into formal peace talks at the soonest time “towards just and lasting peace and the vision of a country where a united people can live in peace and prosperity.”

Crucial part yet to happen

Both panels have expressed they will work on a framework and talking points to revive the talks.

Former Bayan Muna Representative Carlos Zarate, who has also participated in the talks, welcomed this development as President Ferdinand Marcos Jr. did not mention the peace talks with the communist rebels in his inaugural and State of the Nation Address.

Marcos Jr. had declared an amnesty program for rebels on November 22.

Zarate pointed out that what is crucial is that the two parties will actually talk and lay down what issues should be negotiated during the talks to address the roots of the armed conflict.

“The crucial part is yet to happen. That’s where we have to be watchful. Peace stakeholders should be more active and be watchful of peace saboteurs especially from the Executive branch of the government, which do not want to settle the 50-year armed rebellion,” he said.

Vice President Sara Duterte, chair of NTF-ELCAC has publicly opposed the resumption of talks and warned Marcos Jr that the NDFP “…will use these peace negotiations to betray the government and deceive the public.”

But government officials have signified support for a peaceful resolution to the armed conflict, as members of the House of Representatives made a unified statement supporting Marcos Jr’s “initiatives for peace and national unity”.

“It is a moral imperative, a chance to mend the fissures that have long divided our nation. We are not just negotiating terms; we are weaving the fabric of a peaceful future for every Filipino,” House Speaker Martin Romualdez said. (davaotoday.com)

Statement by The International League of Peoples’ Struggle
October 20, 2023

The International League of Peoples’ Struggle stands united in unconditional solidarity with the Palestinian resistance. The Palestinian people are absolutely united in their aspiration to bring an end to the Zionist occupation and to finally live in a free and democratic Palestine.

The actions by the Zionist state are nothing short of a genocide. Since the latest attacks against Gaza began, over 3,000 have been killed in indiscriminate airstrikes, including at least 500 getting medical treatment and taking refuge in a hospital. A complete blockade has deliberately cut Gaza off from food, water, fuel and electricity, leaving the people starving and with a medical system on the brink of collapse with over 10,000 injuries and rising. Palestinian health officials cannot keep up with carrying away the dead bodies that lie unattended throughout the strip, leading to the high risk of a disease outbreak amongst the population. Zionist forces have also demanded that 2.3 million Gazans evacuate to the south to make way for their ground invasion and likely attempt to re-occupy the strip while killing even civilians obeying this order. Airstrikes have even hit the southern border between Gaza and Egypt, the only way for Palestinians to leave the strip if they want, leaving desperately needed humanitarian aid packages sitting at the border unable to enter. In addition to airstrikes, the Zionists have even used internationally banned weapons such as white phosphorus gas. Included is the continued violence by soldiers and armed settlers which has killed over 70 in the past 11 days alone.

Indeed, the Zionist government may have declared war on October 7th, but the previous 75 years of occupation and ethnic cleansing policies since the Nakba have been a never-ending war against the Palestinian people. What we see now is merely a heightened general offensive by Zionism within Palestine itself with continuing aggression against neighboring rival countries.

The Zionists may have openly declared war this time, but that’s only because of the Palestinian resistance’s decision to unite in struggle to take up arms against the US-backed occupation state and its “state-of-the-art” military. For over 75 years, the Palestinian people have used every option they’ve had against the occupation of their land, to no avail. The international governance system has allowed the occupation to become normalized with no end in sight. The people have chosen to take the courageous path of united coordination in armed resistance, bravely tearing up the Zionist-imposed border fence of Gaza and launching coordinated strikes in air, land and sea that inspired peoples’ movements the world over to see a united people taking the military might of an imperialist satellite state off guard.

The Palestinian resistance is a beacon to our resistance! By this, we mean that this strike against a running dog of US imperialism is a move that weakens US imperialism as a whole. The global imperialist system is entering into a new stage of multipolar turmoil, from the US-NATO proxy war in Ukraine, to the build up to war in Asia-Pacific, to the upsurge of peoples’ movements for national self-determination in Latin America and Africa, and of the continued advance of armed resistance movements in the Philippines, India, Kurdistan, West Papua and of course Palestine. The Palestinian resistance gives inspiration to all people struggling in this context for national and social liberation, and therefore we must support their resistance as if it was our own.

The ILPS supports all resistance fighters regardless of organizational affiliation – now is the time to unite!

We also condemn the attacks on Palestinian and Palestine solidarity organizations around the world on behalf of the US and Zionist forces. We are witnessing an unprecedented outlawing of democratic organizations and bans on free speech when it comes to the Palestinian cause while pro-Zionist slogans are given full support, even within the so-called “democratic” liberal states of North America and Europe. Now is the time to defend peoples’ struggle in all its forms.

The ILPS calls on its members to take actions worldwide outside of Israeli, US and European embassies to condemn the genocide taking place in Gaza. We also encourage members to demand of their own governments official condemnation and to push for the unconditional end of the blockade, assault and genocide of Gaza, as well as the end of all military aid to the Zionist state, especially from the US.

All organizations are encouraged to hold educational sessions on the history and current situation of the US-Zionist occupation and resistance of Palestine. Ongoing actions in support of the Palestinian resistance must be maintained worldwide, especially amidst the crackdown and banning of anti-Zionist organizations. We must assert that activism and resistance of any form is not terrorism.

From the River to the Sea, Palestine will be free!

Palestinian resistance is a beacon to our resistance!

Long live international Solidarity!

Signed:

Len Cooper

ILPS Chairperson

20 October 2023

Letters (see bottom) from the NUPL and Nieves Lizada, mother of detained activist Mary Joyce Lizada, to new DND Secretary Gilberto Teodoro are refused receipt by AFP personnel in Camp Aguinaldo.

National Union of Peoples’ Lawyers
PRESS STATEMENT
July 7, 2023

The Philippine government must ensure the strict compliance by its national security forces with domestic and international laws protecting the basic rights of persons deprived of liberty and impose all necessary sanctions on those who ceaselessly and obstinately transgress these obligations.

In the first half of 2023, the National Union of Peoples’ Lawyers (NUPL) has observed a disturbing pattern of disrespect of the rights of human rights defenders accused of committing terrorism and terrorism-related offenses in Southern Luzon. They have been charged for allegedly providing material support to terrorists under Republic Act No. 11479 for extending assistance to farmworkers, indigenous peoples, and victims of militarization in the region, where there are now 13 pending cases of terrorism and terrorism-related offenses.

Some of these rights defenders are now being kept in military encampments and deprived of their right to be visited by family and assisted by competent and independent counsel. Lawyers of their choice as well as of their families have been prohibited from visiting them in violation of the 1987 Philippine Constitution and Republic Act No. 11479 (Rights of Persons Arrested, Detained, or Under Custodial Investigation). NUPL, as counsel for two indigenous peoples’ rights activists who have been detained in Camp Capinpin, had twice been denied access to the said clients.

The lawyers themselves have been demonized and hindered from discharging their professional duties. In one instance, lawyers from SENTRA have been accused before the Commission on Human Rights (CHR) Region IV-A of harassment and intimidation by an army sergeant for trying to pass through a military checkpoint and asserting their clients’ right to counsel during a quick reaction team (QRT). The QRT was intended to gain access to two sugar farmworkers and an elderly person who were abducted by the military in late March in Balayan, Batangas.

Three young rights defenders from Southern Tagalog are also facing trumped-up complaints of terrorism and providing material support to terrorists in retaliation for the humanitarian missions they conducted on the killing of nine year old Kyllene Casao in Taysan, Batangas.

We urge the Philippine government, particularly the Department of National Defense, to enforce within the ranks of its security forces the fulfillment of detainees’ basic rights without distinction or discrimination of any kind as well as to respect the independent exercise of the legal profession, especially by human rights lawyers. We note that brazen violations of these rights and liberties have caused an alarming rise in the occurrence of torture, cruel and inhumane treatment or punishment that led to the forced or fake surrenders of civilians labeled as “rebel returnees.” The misuse of counter-terrorism laws through the filing of trumped-up complaints by military personnel has also suppressed freedoms and constricted civic space.

We further submit the following calls to the newly appointed Secretary of National Defense Atty. Gilberto “Gibo” Teodoro, which he is empowered to heed and implement in exercising supervision over the Armed Forces of the Philippines under Executive Order No. 292 (Administrative Code of 1987) and in his capacity as the alter ego of the Commander-in-Chief:

1. All arrested, detained or imprisoned persons, regardless of status, shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality;
2. Lawyers should be allowed to travel and to consult with their clients freely and should not suffer, or be threatened with prosecution, administrative or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics; and,
3. The military should refrain from filing trumped-up cases of terrorism and terrorism-related offenses against persons engaged in humanitarian activities and legitimate exercises of free speech and expression, such as advocacy, protest, and dissent, as well as from deliberately providing incorrect addresses of respondents while instituting complaints before prosecutorial offices.
4. The military personnel and commanding officers responsible for the foregoing incidents must immediately be investigated and made to account for their human rights violations.
   Activism is not a crime. Stop the attacks!

References:
Atty. Ephraim B. Cortez
NUPL President | +639172092943
Atty. Josalee S. Deinla
NUPL Secretary General | +639174316396

—-

National Union of Peoples’ Lawyers
PRESS STATEMENT
April 25, 2023

In reaction to our statements calling for accountability for the reported inhumane treatment and brutal killings of our clients Benito Tiamzon and Wilma Austria, the NTF-ELCAC Legal Cooperation Cluster pointed out in a statement the evidentiary rule that “burden of proof lies on those who assert” and that “the mere fact that “these 2 CTG-affiliated groups are calling for a probe” is “a clear proof that they are lying and can’t prove their perverted claim.”

These types of comments are non-sequitur and unduly place the burden on human right lawyers and defenders to conduct a probe, which the government is bound to do, gather evidence, and initiate prosecution of the reported war crimes.

They also sidestep the fact that the military claimed at the first instance and for the longest time a “waterborne interdiction operation conducted against a hostile motorized boat” that likely included the Tiamzon spouses. It is also a matter of fact that military sources took down their social media posts which reported the Tiamzon spouses as among the casualties of the said operation.

Hence, it was neither the NUPL nor many other concerned entities and individuals who were alarmed with the subsequent contrary report that the Tiamzon spouses and their companions were supposedly captured, tortured, murdered, and desecrated especially because there are abundant precedents and predictable patterns to support a reasonable basis to question the official military account.

Instead of welcoming a legitimate call that seeks to uphold international humanitarian law or the law of armed conflict and settle once and for all these contrary accounts, it is regrettable that colleagues in the legal profession and co-officers of the court – coming from the top officer of the government’s legal arm no less – would need to resort to hateful and gratuitous name-calling against fellow lawyers by casually labeling us as “CTG (communist terrorist group)-affiliated” or “CPP NPA NDF front” sans competent, credible and admissible evidence.

This has unfortunately endangered our lives and impeded the independent discharge of our professional duties, especially since we in NUPL are compelled to handle cases that most of our colleagues in the profession cannot, would not, or do not – for reasons we respect – handle.

While we may differ in views, opinions and positions – just like we do in court – we should all endeavor to keep our professional dealings civil and fair, use only dignified language, avoid low blows, and refrain from promoting an unsafe environment in any setting, as we are mandated to do as lawyers under the Code of Professional Responsibility and Accountability and out of basic respect for our fellow human beings.
We expect nothing less from our fellow lawyers. Let us keep it fair and square, if you please.#

References:
Atty. Ephraim B. Cortez
NUPL President | +639172092943
Atty. Josalee S. Deinla
NUPL Secretary General | +639174316396

Kodao Productions
April 26, 2023

Human rights lawyers said it is the government that should investigate allegations of war crimes in connection with the reported death of top Communist Party of the Philippines (CPP) leaders Benito and Wilma Tiamzon.

Reacting to a statement made by the National Task Force to End Local Communist Armed Conflict (NTF ELCAC) Legal Cooperation Cluster, the National Union of Peoples’ Lawyers (NUPL) said the government is bound to gather evidence and initiate prosecution of those connected with the alleged torture and execution of the Tiamzons.

The NTF ELCAC earlier said that those who made the allegations, including the NUPL bear the burden of proof, adding that the lawyers’ group and human rights group Karapatan are affiliated with the CPP.

The task force added the mere fact that both the NUPL and Karapatan are demanding an investigation are “a clear proof that they are lying and can’t prove their perverted claim.”

The NUPL however reminded the government that it is the State’s duty to conduct investigations on complaints of rights violations.

“These types of comments are non-sequitur (illogical) and unduly place the burden on human rights lawyers and defenders to conduct a probe,” the NUPL said.

The lawyers added that it was the military that first reported the supposed waterborne firefight that may have killed the Tiamzons and eight others in August 2022, but later took down their social media posts on the matter.

Keep it professional

When citizens complain of rights violations, the government should welcome it as part of its commitment to uphold international humanitarian law, the NUPL said.

Instead, government lawyers—colleagues in the legal professions and co-officers of the court, are choosing to resort to “hateful and gratuitous name-calling” by labeling human rights attorneys as “CTG (communist terrorist group)-affiliated or CPP, New People’s Army and National Democratic Front of the Philippines front without competed, credible and admissible evidence,” they said.

The NUPL was reacting to Assistant Solicitor General Angelita Miranda, a member of NTF ELCAC’s Legal Cooperation Cluster, who alleged that both NUPL and Karapatan are fronting for Communist groups.

The NUPL said such practice endangers their lives and prevents them from independently performing their duties as lawyers.

“Especially since we in NUPL are compelled to handle cases that most of our colleagues in the profession cannot, would not, or do not – for reasons we respect – handle,” the group said.

“While we may differ in views, opinions and positions – just like we do in court – we should all endeavor to keep our professional dealings civil and fair, use only dignified language, avoid low blows, and refrain from promoting an unsafe environment in any setting, as we are mandated to do as lawyers under the Code of Professional Responsibility and Accountability and out of basic respect for our fellow human beings,” the NUPL asked.

“We expect nothing less from our fellow lawyers. Let us keep it fair and square, if you please,” NUPL added. #

(Raymund B. Villanueva)

National Union of Peoples’ Lawyers (NUPL)
PRESS STATEMENT
April 21, 2023

The National Union of Peoples’ Lawyers (NUPL) strongly condemns the cold-blooded murders of CPP leaders Benito Tiamzon, Wilma Austria and their unidentified companions. The Tiamzon spouses are the latest NUPL clients to be killed under the government’s practice of giving no quarters to members and peace consultants of the underground revolutionary movement who were not engaging in hostilities or were manifestly unable to defend themselves.

The reported manner of killings, signs of torture on the unarmed victims’ bodies and the insidious cover-up involving the explosion and sinking of a “hostile boat” in the waters of Catbalogan City, Northern Samar, all point to the commission of war crimes by the military.

These grave breaches of international humanitarian law expose the injustice of the current counterterrorism framework, which blurs the distinction between armed conflict and terrorism, enables the arbitrary terrorist designation of parties to the protracted armed struggle, and enfeebles the application of protective legal norms to hors de combat, prisoners of war, and protected persons.

The government is, thus, called upon to fulfill its obligation to respect and ensure respect for international humanitarian law in all circumstances as stated in the Geneva Conventions of 1949 and their Protocols, the domestic Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, and even the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

This non-derogable obligation includes the duty to recognize the equal applicability of international humanitarian law to both parties of an armed conflict and to hold the military to account for the inhumane treatment and deaths not only of the Tiamzon spouses but of many other casualties of its war crimes.

It must also realize that further using ruthless counterterrorism tactics in tandem with draconian anti-people laws and issuances while neglecting to resolve the roots of the armed conflict will not only subvert public trust in our legal institutions and processes but also foment the people’s indignation and continue to undermine the possibility of achieving a just and lasting peace.#

References:
Atty. Ephraim B. Cortez
NUPL President | +639172092943
Atty. Josalee S. Deinla
NUPL Secretary General | +639174316396