E/CN.4/2003/90/Add.3
page 20
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For many years the Tumanduk28 of Panay Island, Visayas, have been harassed by the
Army, ever since the setting up in 1962, on ancestral tumanduk land, of an army
reservation for training and weapons-testing purposes. Conflicts and clashes occurred
over the years, as various corporations also took an interest in tumanduk land, and
various unsuccessful attempts were made at peace negotiations. The Tumanduk
organized a resistance movement in 1996 to reclaim their ancestral land, which now
has 29 village affiliates, and the army countered with the formation in July 2001 of a
special Task Force Panay to break this resistance. Within this conflictive situation,
numerous human rights violations occur.
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Extensive human rights violations by the Army have been reported in northern
Mindanao in connection with a number of economic development projects (mining,
forestry, agribusiness) in indigenous areas that affect the livelihoods of local
indigenous communities.
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In southern Mindanao, near Davao City, the Army and the CAFGU are said to have
organized armed indigenous civilians in the Alsa Lumad Movement to fight against
NPA. This has “brought untold suffering among the majority of the indigenous
populations due to illegal arrests and detention, physical abuse, food blockades,
divestment of property, forced evacuation, and summary executions perpetrated by
the military and Lumad CAFGUs”.
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In April 2002 in Pangyan, Davao City, Mindanao, inhabited by Ata-Matigsalug
people, six people were killed in a massacre and several more wounded and abducted
by the military and CAFGU irregulars, who were ostensibly looking for NPA rebels.
The perpetrators have not been prosecuted.
Source: Original documents including affidavits presented to the Special
Rapporteur by Kalipunan ng Katutubong Mamamayan ng Pilipinas (KAMP). On file.
47.
Special mention must be made of CAFGUs set up by the army in numerous indigenous
municipalities, whose semi-military activities often tend to divide local communities and set one
group against another. The Under-Secretary of National Defence informed the Special
Rapporteur that these units should be considered as reserve units of the armed forces, which
occasionally carry out military activities when the need arises. However, indigenous peoples
reported that these are not regularly trained military units and that their objective was to control
the political and social life of local communities, in disregard of the latter’s traditional customs.
They reported that divisions among indigenous peoples were created by a tactic whereby the
military actually chooses the community leaders (Datu) in order to manipulate and control the
community. They asked that CAFGUs be removed from their communities because they do not
carry out any beneficial activity.
48.
The practice of “hamleting” whereby the military force indigenous peoples to congregate
in specified locations against their will and restrict their free movement by imposing a curfew,
constitutes another serious human rights violation. There have been reports of “hamleting” in