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FINAL REPORT - Philippine Center for Investigative Journalism

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<strong>Philippine</strong> Army who have been accused of perpetrating such human rights<br />

abuses, as well as local military irregulars such as CAFGUs and “private”<br />

armies of local political and economic elites with the backing of members of<br />

the army hierarchy. On the other hand, militarization is related to two<br />

concurrent processes: firstly, the powerful interests of mining, logging and<br />

agribusiness enterprises, which acquire control over indigenous lands and<br />

resources even against the wishes of the indigenous communities and<br />

without their free and prior consent as the law establishes. Secondly,<br />

militarization takes place in the framework of the counter-insurgency<br />

tactics of the <strong>Philippine</strong> Army in the war against rebel groups, particularly<br />

NPA, in which indigenous communities may be caught up as hapless<br />

victims.<br />

6. Report of the International Solidarity Mission Against US Armed<br />

Intervention in the <strong>Philippine</strong>s, conducted on 24-31 July 2002, which<br />

concluded, among others, that:<br />

a. US military <strong>for</strong>ces abet massive human rights abuses and terror<br />

committed by the AFP against the Filipino people. Human rights<br />

violations continue unabated in Zamboanga, Basilan and Sulu<br />

during Balikatan exercises.<br />

b. US-supported military operations in several instances have<br />

displaced and violated the rights of the Moro people and other<br />

Filipinos from the local communities, including women and children,<br />

and have abused the environment.<br />

c. US military presence and increased militarization in Basilan,<br />

Zamboanga and Sulu do not resolve economic backwardness,<br />

grinding poverty, social dissent and mass unrest. Militarization<br />

only exacerbates the people’s misery.<br />

Liability of the President<br />

As the Commander-in-Chief<br />

of the Armed Force<br />

The weight of testimonial and documentary evidence presented during the<br />

proceedings point to the fact that the political killings and other <strong>for</strong>ms of human rights<br />

violations perpetrated by the military, the police and paramilitary <strong>for</strong>ces and their<br />

agents are carried out on a widespread scale and in a systematic manner.<br />

In the Opinion and Judgment in Prosecutor v. Duco Tadic a.k.a. “Dule,” Case No.<br />

IT-92-1-T, which was tried be<strong>for</strong>e the International Tribunal <strong>for</strong> the Prosecution of<br />

Persons Responsible <strong>for</strong> Serious Violations of International Humanitarian Law<br />

Committed in the Territory of Former Yugoslavia Since 1991 and decided on 7 May<br />

1997, widespreadness was defined as referring to the number of victims. That is, the<br />

violations are directed against a multiplicity of victims. On the other hand, the<br />

systematic nature of the acts committed was explained as an evident pattern or<br />

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