CPP-NPA ‘owe’ billions in indemnity to victims

THE Communist Party of the Philippines and its armed wing, the New People’s Army (CPP-NPA) owed billions of pesos in indemnity to its victims and for other gross human rights violations.

This was the conclusion of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) after documenting the many violent incidents perpetrated by the two terrorist groups in the last 10 years.

In a statement last May 19, 2021, Undersecretary Severo Catura, Executive Director, Presidential Human Rights Committee Secretariat (PHRCS) further explained that under existing local and international laws, particularly the International Humanitarian Law (IHL), parties that are found guilty of such abuses and atrocities committed in a situation of internal armed conflict may be compelled by the courts to indemnify their victims.

Under Section 14 of Republic Act No. 9851, or the “Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” signed into law on 11 December 2009, Catura said the courts follow the principles relating to reparations, including restitution, compensation and rehabilitation, and determine the amount of the same based on the scope and extent of damages inflicted.

“However, regardless of the amount that shall be determined and demanded by the courts, it cannot equal the pain and suffering brought about by past and present human rights abuses and atrocities perpetrated by the CTGs (communist terrorist groups)” the official explained.

Catura also recently was appointed as one of the six new spokespersons of the NTF-ELCAC, focused on human rights, the peace process and international engagements.

“It is high time that they are held accountable for their spate of willful killings, their destruction of government and private property, their use of children as combatants, their internal purges, and their wanton disregard for human rights,” Catura added.

“Already, the AFP has submitted a list of NPA-CPP atrocities and the same shall be judiciously acted upon,” Catura said, “and we shall likewise refer the matter to the International Committee of the Red Cross that has ably guided our armed forces in the strict observance of IHL in their line of duty.” 

The ICRC is a major partner of the Philippine government in the EO 134 Ad Hoc Committee for the State’s continued observance of IHL, co-chaired by the Department of National Defense and the Department of Foreign Affairs.

“Likewise, we shall inform the appropriate United Nations body, through the UN Resident Coordinator and the Senior Human Rights Adviser in the Philippines of this development,” Catura said.

He reminded that no less than the UN Office of the High Commissioner on Human Rights, in its report on the human rights situation in the Philippines, mentioned human rights abuses and atrocities committed by the NPA.

Catura’s statement came two days after the ‘Armed Forces of the Philippines-Center on the Laws of Armed Conflict’ (AFP-CLOAC) made public its report that the CPP-NPA had been responsible for a staggering 1,506 atrocities and IHL violations from 2010-2020 that have been compiled and documented by the government.

AFP-CLOAC Director, BGen. Jose Alejandro S. Nacnac, told newsmen that this proves without a doubt that there is “a nationwide pattern of organized, orchestrated, continuing, deliberate and systematic scheme perpetrated by the Communist Terrorist Group which justifies their designation as a terrorist organization.”

The AFP has consolidated 532 incidents of destruction of civilian owned properties by the CTGs.

An example was the NPA attack at the Taganito Mining Corporation in Claver, Surigao Del Norte in 2011 resulting in the destruction of mining equipment and facilities.

Another group of rebels attacked the nearby Platinum Metals Group Corp. also in Claver. Three hours later, another mine site operated by another Taganito company, Taganito HPAL Corporation, was also attacked by the terrorists.

Then Interior and Local Government Secretary Jesse Robredo estimated the damages at $1.5 billion while some news reports claimed that actual damage could run up to as high as $3 billion. This is besides the 4,000 to 5,000 employees who were affected by the attacks.

Recently, a total of 289 incidents of willful killing was consolidated by the AFPCLOAC. These killing incidents committed by the CTGs during the ten-year period caused the deaths of 77 soldiers and 296 innocent civilians, or a total of 373 victims of assassinations.

“Members of the CTGs should face charges for violating Republic Act 9851. They are not only criminally liable but also civilly liable for damages,” Nacnac pointed out.

Meanwhile, Catura said the whole country, not only the victims, should ask the CPP-NPA to account for their abuses and compensate their hapless victims.

Besides conducting terrorist attacks, records show that the communist group was responsible for the recruitment of 464 child warriors who were fortunately rescued by government troops.

The highest number of children forcibly taken by the NPA was from Region 11 with a total of 141 incidents. Of the 464 child warriors that were rescued, 25 of them were abused by their NPA captors, Nacnac pointed out.

CHR to probe 1,506 IHL violations by CTG

Meanwhile, the Commission on Human Rights (CHR) long accused of being in cahoots with CPP elements, “vowed” to investigate the 1,506 atrocities and International Humanitarian Law (IHL) violations committed by the CPP-NPA, as reported by the government.

According to Nacnac, they have already submitted to the CHR last May 20, 2021, the list of “willful killings” committed by the CTGs.

He said the documents were received by Commissioner Karen Dumpit.

“Commissioner Dumpit said they will forward the cases to their regional offices (concerned) for their investigation. They now have a total of 1,506 cases to investigate.

“The gathering of other cases is ongoing,” Nacnac said, stressing that the recorded CTG atrocities grow by the day.

But stung by the accusation of bias towards the CPP over the years, the CHR is now trying to project an image of objectivity by condemning the killing of four civilians by the NPA last May 14, 2021, in Sitio Agit, Barangay Trinidad, Guihulngan City, Negros Oriental.

The victims were identified as Ronelo Quirante, 56; Roger Fat, 46; and Rodrigo Lubay, 46, and his wife Sherryl, 44.

Not surprisingly, members of the so-called ‘Makabayan Bloc’ in Congress and supposed human rights group Karapatan, are eerily quiet over the incident and other crimes committed by the CPP-NPA.