Why plunderers go scot-free

The author Bryan Stevenson quoted one death row inmate who said that the meaning of capital punishment is “them without the capital get the punishment.” Nothing could be truer in the Philippines, where plunderers go scot-free, those who amassed hidden wealth from the public treasury are acquitted and even lionized while those who have been caught with her fingers in the cookie jar is absolved.

Of course, those who steal from the national coffers control the levers of power despite their incompetence, ignorance and negligence. They are the very same ones who are sworn to defend the Constitution, execute the laws of the land and guarantee that basic human rights are protected and promoted. Naturally, those most guilty of allowing plunder to continue cannot be expected to render equal protection of the law to the people who are at war with the oppressive and exploitative state. The intricate web of laws crafted by the masters of plunder militates against the poor who are committed to seek redress of their grievances. When the law threatens the ruling class, it is repealed, amended or junked altogether.

Thus, the unequal war, where those who defend human rights and the welfare of farmers get hauled off to jail, slapped with mysterious criminal charges and tagged as financiers of terrorism. After losing a case of illegal possession of firearms and explosives against a leader of the Kilusang Magbubukid ng Pilipinas (KMP) in San Jose del Monte City, Bulacan, the Marcos Jr. regime has slapped criminal charges against five activists for purportedly bankrolling “terrorism.” KMP said the five activists were accused of violating Republic Act No. 10168, or the Terrorism Financing Prevention and Suppression Act (TFPSA.)

KMP said the charges were filed to persecute human rights defenders and humanitarian workers in Cagayan Valley and systematically stifle dissent and criminalize activism. Those slapped with fabricated charges are peasant leader Isabelo Adviento, Isabela peasant woman leader Cita Managuelod, Makabayan Cagayan Valley coordinator Agnes Mesina, Karapatan human rights worker Jackie Valencia, and writer, photojournalist, and environmental activist Deo Montesclaros. The accused have long been at the forefront of defending farmers’ rights, human rights, and environmental justice in the region. KMP demanded that the preposterous trumped-up charges be dropped.

The legal harassment of these activists is part of a broader trend of intensified repression, coinciding with the recent visit of the Financial Action Task Force (FATF) to the Philippines. FATF is an international body that oversees anti-money laundering and counter-terrorism financing measures. In an apparent bid to showcase its compliance with FATF regulations, the Marcos Jr. regime ramped up the filing of politically-motivated cases against development workers and human rights defenders. The cases against the Cagayan Valley activists are the latest developments in their persecution following their red-tagging, surveillance, and judicial harassment since 2016.

Adviento was previously acquitted of the trumped-up charges of illegal possession of firearms and explosives last year. The regime has not stopped harassing him is now fabricating new allegations against him, insisting that he and other activists provided support to the New People’s Army (NPA) in 2017 and 2018 without any evidence. As in other cases, the military and police have resorted to drawing up sloppy complaints and producing bogus testimonies and witnesses that have caused dozens of dismissals, with prosecutors junking cases for being incredible and lacking the prima facie evidence to secure convictions.

The latest count is that at least 22 people are individuals nationwide are facing charges under RA 10168. The law was also used to harass development organizations, including the Paghidaet sa Kauswagan Development Group (PDG), the Rural Missionaries of the Philippines (RMP) National Office, and the Amihan Federation of Peasant Women. “The targeting of these groups and individuals is a clear attempt to stifle humanitarian and peasant organizations advocating for the rights and welfare of marginalized communities,” said KMP national chairperson Danilo Ramos, himself a victim of relentless red-tagging and surveillance.

“These deplorable acts in the name of the government’s counterinsurgency campaign are blatant violations of human rights and due process,” said KMP chairperson Danilo Ramos, himself a victim of red-tagging and surveillance. “The cases against Adviento and his fellow activists are built on fabricated intelligence reports and perjured testimonies from so-called witnesses. The intention is clear: to derail the crucial work of progressive organizations and silence those who dare to expose the failures and abuses of the Marcos Jr. administration.” KMP reiterates its demand for the junking of all trumped-up terrorism-related cases against activists and development workers. “We call on all democratic forces, civil society organizations, and the international community to condemn this escalating crackdown on human rights defenders. The Marcos Jr. regime must be held accountable for its relentless attacks on civil liberties and its blatant disregard for international humanitarian law.” #

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