Karapatan accuses NTF-ELCAC of war crimes, crimes against humanity

Karapatan Secretary General Christina Palabay had sued National Task Force to End the Local Communist Armed Conflict (NTF-ELCAC) officials led by National Security Adviser Hermogenes Esperon for allegedly committing war crimes, crimes against humanity, among other raps, by “red-tagging” Karapatan and thus making rights workers targets for assassination.

Palabay, in a complaint filed with the Office of the Ombudsman, noted that Esperon, who sits as Vice Chairperson of the NTF-ELCAC, permitted the publication of several slanderous and offensive statements against KARAPATAN in the NTF-ELCAC’s Facebook page, including allegations that Karapatan is one of the many front organizations of the CPP-NPA and that Karapatan is part of the “CPP-led Open Human Rights Alliance.”

Likewise, Palabay also sued NTF-ELCAC ex-officio member Lieutenant General Antonio Parlade Jr., NTF-ELCAC Strategic Communications Cluster spokesperson Lorraine Badoy, and Deputy Executive Director Margaux “Mocha” Uson of the Overseas Workers and Welfare Administration for tagging Karapatan, alongside the communist rebels, as terrorists and claiming that Karapatan was established by these rebels.

“Instead of instilling respect for international human rights law and human rights law (IHL), respondents are the first to violate them by publicly declaring civilians to be part of CPP (Communist Party of the Philippines or NPA (New People’s Army) and thus, can be, quite wrongly, considered by state forces as combatants and proper targets of armed attacks,” Palabay said.

Palabay cited the deaths of activists Benjamin Ramos, Jory Porquia, Carlito Badion, Randall "Randy" Echanis, Zara Alvarez, as well as Honey Mae Suazo who was abducted and last seen last November 2, 2019.

All these activists were killed in the last two years.

“Despite these [deaths], respondents have continued to red-tag us in Karapatan, willfully violating the principle of distinction under both domestic and IHL. This blatant disregard of the principle of distinction resulting in the deaths of civilians constitutes the war crime defined under Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” Palabay pointed out.

“Respondents, as members of NTF-ELCAC, are liable either as superior/commander or for performing/ordering/soliciting/inducing/tolerating the commission of a war crime. Instead, they even encouraged the targeting of civilians by their incessant red-tagging,” she added.

Palabay said that a war crime is committed when:

• the person exerts influence over another person to either commit a crime which in fact occurs or is attempted or to perform an act or omission as a result of which a crime is carried out;
• the inducement has a direct effect on the commission or attempted commission of the crime; and
• the person is at least aware that the crimes will be committed in the ordinary course of events as a consequence of the realization of the act or omission.

“Respondents knew that red-tagging results in the murder of civilians. In fact, it was specifically their aim in red-tagging individuals—to misrepresent them as combatants who can be made targets of armed violence,” she said.

As for crimes against humanity, Palabay justified the charges by invoking that public vilification of and incitement of violence against certain groups can constitute the crime of persecution under humanitarian law and its doctrinal jurisprudence on the matter.

“Article III, Section 2 of the 1987 Constitution vouchsafes the right to security against unreasonable search and seizure into one’s person, houses, papers, and effects. Thus, this constitutional mantle of protection inoculates not only against the state’s power over a person's home and possessions, but more importantly, it also protects the privacy and sanctity of the individuals themselves,” Palabay said.

“Far from being mere neutral statements, red-tagging has far-reaching consequences and implications. We now fear for our lives and safety as well as our families and colleagues. Our activities and advocacies have been severely restricted by concerns regarding our security,” she added.

GMA News Online has sought comment from Esperon, Parlade, and Uson on the matter, but none of them had replied as of posting time.

Nevertheless, the NTF-ELCAC had earlier argued that they had not red-tagged Karapatan and the Makabayan bloc, and instead called their actions "truth-tagging." — DVM, GMA News