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When civilians die, who cares?

February 24, 2015February 24, 2015 mcmangahas Leave a comment

By Charmaine P. Lirio

THEY MAY not have been given much attention by media so far, but there were many civilian victims of the clash between the Special Action Forces (SAF) of the Philippine National Police (PNP) and armed groups at Mamasapano, Maguindanao last month. And should they want to, they can file criminal charges against state and non-state actors for possible violations of the international humanitarian law or IHL.

At least five civilians died while and an undetermined number of non-combatants were wounded as a result of the Mamasapano incident. Among the protected persons under the IHL – which penalizes war crimes including those committed during non-international armed conflict — are civilians or those who are not part of the hostilities.

The exchange of fire between policemen and the MILF killed eight-year-old Sarah Panunggulon; Barudin Lagalan, 22; Muhammad Amblang, 30, a farmer, and five other civilians.

Langalan was found with his hands tied, dead along with the SAF troopers. His wife said he was on his way to the public market early morning of Jan. 25, 2015 to charge his cellphone.

It appeared, according to Gov. Mujib Hataman of the Autonomous Region in Muslim Mindanao, that the SAF troopers had arrested Langalan, when the latter came out of his hut early that fateful day of the Mamasapano clash.

IHL was adopted by the Philippines in 2009 through Republic Act No. 9851. Crimes against protected persons in non-international armed conflict, under Section 4(b) and (c) of RA 9851 include:

* Violence to life and person, in particular, willful killings, mutilation, cruel treatment, and torture;

* Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;

* Taking of hostages;

* The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, which affords all judicial guarantees that are generally recognized as indispensable;

* Intentionally directing attacks against the civilian population and civilian objects;

* Launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment, which would be excessive in relation to the concrete and direct military advantage anticipated;

* Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

* Using the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations;

* Intentionally using starvation of civilians as a method of warfare; and

* Using children to participate actively in hostilities.

Non-state actors and all officials, regardless of capacity, may be held liable for these crimes. Only the President and other persons specifically granted immunity from suit by law may be protected from prosecution under the IHL.

Families of the victims or the Commission on Human Rights (CHR) may file the criminal charges against the individuals found to be responsible for the incident. The penalty for the commitment of such criminal acts is imprisonment of up to 20 years and a fine ranging from P100,000 to P500,000. In case of extreme gravity of the offense or when the crime resulted in death or serious physical injury, the penalty is reclusion perpetua or life imprisonment with accessory penalties and a fine of up to P1 million.

CHR Information Division Chief Marc Titus Cebreros says, however, that before anyone can press charges, the individual or individuals liable for the death or injuries have to be identified first. The process of determining who are criminally liable, he adds, will take time. In fact, he says, CHR has yet to identify who fired the bullets that wounded and killed the civilians. Forensic analysis would be needed to determine that, which could mean significant waiting time. Among other things, the position of the bodies would have to be mapped out and the trajectory of the bullets traced. Autopsies would have to be performed; with at least one of the fatalities being Muslim, that would mean one victim going without autopsy since Muslims bury their dead as soon as possible.

CHR itself is waiting for the reports of the PNP-SAF and the Moro Islamic Liberation Front (MIILF) so that it could move forward with its own investigation. According to Cebreros, though, the filing of criminal charges may not be done right away since any matter involving the Mamasapano clash have to be considered in light of the peace talks. For instance, he explains, if it was determined that one bullet came from the MILF, both sides will still have to determine how the case will be prosecuted or if a special tribunal will be formed.

Cebreros says that although CHR has pending cases under RA 9851, there has been no convictions under that law since it was passed more than five years ago. – PCIJ, February 2015

When civilians die, who cares?

February 24, 2015February 24, 2015 mcmangahas Leave a comment

By Charmaine P. Lirio

The exchange of fire between policemen and the MILF killed eight-year-old Sarah Panunggulon; Barudin Lagalan, 22; Muhammad Amblang, 30, a farmer, and five other civilians.

Langalan was found with his hands tied, dead along with the SAF troopers. His wife said he was on his way to the public market early morning of Jan. 25, 2015 to charge his cellphone.

IHL was adopted by the Philippines in 2009 through Republic Act No. 9851. Crimes against protected persons in non-international armed conflict, under Section 4(b) and (c) of RA 9851 include:

* Violence to life and person, in particular, willful killings, mutilation, cruel treatment, and torture;

* Committing outrages upon personal dignity, in particular, humiliating and degrading treatment;

* Taking of hostages;

* Intentionally directing attacks against the civilian population and civilian objects;

* Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

* Using the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations;

* Intentionally using starvation of civilians as a method of warfare; and

* Using children to participate actively in hostilities.

Cebreros says that although CHR has pending cases under RA 9851, there has been no convictions under that law since it was passed more than five years ago. – PCIJ, February 2015

The Bangsamoro and human rights

February 18, 2015February 18, 2015 mcmangahas Leave a comment

By Fernando R. Cabigao Jr.

CONGRESS has suspended deliberations on the proposed Bangsamoro Basic Law (BBL) but the Commission on Human Rights (CHR) and the Regional Human Rights Commission of the Autonomous Region in Muslim Mindanao (RHRC-ARMM) have refused to relax their bid for the creation of a Bangsamoro Human Rights Commission (BHRC) under the BBL.

In a forum titled “Institutionalizing Human Rights Promotion and Protection in the Bangsamoro Basic Law” held Monday, February 16, at the Ateneo Rockwell Campus, RHRC-ARMM Chairperson Algamar Latiph said the creation of the BHRC will help ensure that the human rights of the Moro people are well protected.

“ARMM is a conflict area. The people must be assured that their basic human rights will not be violated. Therefore, there is a need for human rights institution to be with us,” Latiph stressed.

The Technical Working Group of the House Ad Hoc Committee on BBL has deleted, for supposed reason of unconstitutionality, Section 7, Article 9 of the proposed BBL (H.B. No. 4994), which mandates the creation of an independent and impartial BHRC under the Bangsamoro.

“ARMM is a conflict area. The people must be assured that their basic human rights will not be violated. Therefore, there is a need for human rights institution to be with us.” – RHRC-ARMM Chairperson Algamar Latiph | PCIJ File Photo

According to Latiph, the Moro people are generally subject to heightened vulnerability for various reasons, including cultural prejudices and situations of armed conflict, thus the need to protect their human rights.

From July 12, 2012 to October 2013, an average of 993 people per day were forced to leave their homes, at an average of 15 days per person, to avoid the effects of armed conflict, he added.

Latest data from the Humanitarian Emergency Action Response Team (HEART) of the ARMM also show that more than 6,000 residents of Mamasapano town have fled their homes after the January 25, 2015 clash between the Philippine National Police-Special Action Force and armed groups in the area.

An ongoing clash between the Moro Islamic Liberation Front (MILF) and the Bangsamoro Islamic Freedom Fighters (BIFF) has prompted hundreds of families in Pikit, North Cotabato to flee their homes this week.

If included in the BBL, the BHRC will replace the current RHRC, an agency under the ARMM that is independent from the CHR. The RHRC was created on June 26, 2012. Its regional office in Cotabato City has established human rights action centers in several ARMM provinces. Thus far, it has investigated and provided legal assistance to 2,860 human rights cases.

CHR Chairperson Loreta Ann Rosales voiced support for the creation of the BHRC, saying that the 1987 Constitution does not preclude the creation of other human rights institutions. In fact, she said, it was the CHR that instigated the creation of the RHRC-ARMM. “The CHR and the BHRC can coexist and work with each other.”

“With the increasing number of human rights violations across the country and the limited staff of the Commission, the CHR needs all the help it can get in investigating these violations,” Rosales said, adding that the “CHR only has regional presence but it doesn’t have the strength to investigate human rights violations due to its limited staff.

For her part, lawyer Raissa Jajuries, a member of the Bangsamoro Transition Commission (BTC), said the overlapping functions of CHR and BHRC do not mean that the CHR is inefficient. Rather, she said, these reflect the autonomy of the Bangsamoro.

“The idea is autonomy,” said Jajuries.

Jose Luis Martin Gascon, undersecretary in the Office of the Presidential Adviser on Political Affairs and a member of the 1987 Constitutional Commission, affirmed Rosales’s position, stressing that it is possible to have a national human rights institution (NHRI) and sublevel human rights institutions.

Both the Senate and the House of Representatives have suspended deliberations on the proposed BBL following the clash between the PNP-SAF and armed groups, including the MoMILF and BIFF, in Mamasapano, Maguindanao on Jan. 25, 2015. Forty-four SAF troopers, 18 MILF fighters, and five civilians were killed in the firefight, apart from scores more injured. – PCIJ, February 2015

Mindanao: A memory of massacres

February 13, 2015February 13, 2015 mcmangahas Leave a comment

By Julius D. Mariveles

WITH seemingly unassailable certitude, Sen. Alan Peter Cayetano proclaimed on Thursday what he deems to be the reason why peace eluded Mindanao for ages.

“Kung hindi kayo gumamit ng dahas, peaceful ngayon ang Mindanao,” said Cayetano, his voice angry and eyes fixed on Mohagher Iqbal, chairman of the peace panel of the Moro Islamic Liberation Front (MILF). By Cayetano’s hypothesis, the MILF is entirely to blame for the lack of peace in Mindanao. (If you had not used force, Mindanao would still be peaceful today.)

It was not, to be sure, a cozy conversation over coffee. Cayetano had chastised Iqbal during the live telecast of the Senate’s hearing on the recent firefight between the Philippine National Police-Special Action Force and the MILF in Mamaspano, Maguindanao. The clash killed 44 SAF troopers, 18 MILF rebels, and eight civilians, and left scores more wounded.

Yet before Iqbal could respond, Governor Mujiv Hataman of the Autonomous Region in Muslim Mindanao, retorted: “It seems as if that everything bad that is happening in Mindanao is being blamed on the Bangsamoro,” Hataman said, his voice breaking at one point.

Cayetano followed with a mouthful of bolder conclusions. The MILF, he decried, had negotiated for peace “from the barrel of the gun/” But he explained, too, that he did not mean to say that only Muslims are terrorists because there are “more Christian terrorists than Muslim terrorists.”

And when he finally had a chance to speak, Iqbal recounted a series of massacres of Muslim Filipinos that he said prompted Muslim Filipinos to organize the MILF.

“Massacres and rights violations took place through the decades. This is why the MILF was established – to fight for independence… we organized dahil hindi patas ang laban (we organized because it was not a fair fight),” Iqbal said.

Was Mindanao indeed a peaceful place before the MILF came into existence?

Iqbal has, in fact, authored a book “A Nation Under Endless Tyranny,” that outlines the historical narrative of conflict and violence in Mindanao.

In it, Iqbal narrated the atrocities that the Ilaga (literally, “rat” in the Hiligaynon language), a group of Christians, reportedly carried out against Moro communities. He wrote under the pseudonym Salah Jubair.

The Ilaga had also been referred to as the “Ilonggo Landgrabbers,” or the wave of migrants that resettled in Mindanao through the years.

From 1970 to 1971, the Ilaga (translated to mean “Ilonggo Landgrabbers”) launched a series of 21 massacres that left 518 people dead, 184 injured, and 243 houses burned down, according to Marjanie Salic Macasalong in her dissertation titled “The Liberation Movements in Mindanao: Root Causes ad Prospects for Peace.”

The supposed Ilaga “infestation” is considered in historical annals to be just the second trigger to the growth of separatist movements in Mindanao. The first was, of course, the Jabidah Massacre of March 17,1968.

The incident resulted in the death of 64 Muslim trainees of the Philippine Army that had trained for what was called “Project Merdeka,” an attempt by the Philippine government to destabilize and eventually take over by invasion the resource-rich island of Sabah in Malaysia, Macasalong said, citing the book “Under the Crescent Moon: Rebellion in Mindanao” by journalists Marites D. Vitug & Glenda M. Gloria.

The Muslim trainees backed out upon knowing that the real mission was to invade Sabah and not – as they had been initially told — to fight Communist insurgent. Because “Project Merdeka” was a top military and political secret, senior officers of the Armed Forces who were in charge of the operation had reportedly decided to execute all the trainees rather than expose the operation.

Macasalong’s dissertation was submitted in February 2013 for a Masters Degree in Islamic and Other Civilization Studies at the International Islamic University in Malaysia.

But Macasalong had more data to offer. “According to another source,” she wrote, “the number of Moro victims killed by the Army, (Philippine Constabulary), and Ilaga reached as high as 10,000 lives.”

“In addition, thousands of Moro houses, mosques, and Arabic schools were destroyed. This made the Muslims paranoid and even more distrustful of Christians as a whole,” the study said.

And in the face of the violence, what did the national government do?

“Instead of quelling the atrocities, the government helped and gave shelter to Feliciano Lucas, the prime suspect and leader of the Ilaga. Alias ‘Commander Toothpick’, Lucas was reported to have been given a red-carpet reception at the Malacañang Palace in Manila when he ‘surrendered’ to President Marcos,” Macasalong wrote.

“Strangely enough,” she noted, “this prime suspect was released in his hometown with military escorts in order to protect him from being killed or arrested because of the warrants issued to him. Instead of being punished, the Ilaga leader was, according to the late Congressman Salipada Pendatun, ‘knighted’ and ‘bade to go back to his kingdom to bear more arms and commit further depredations.”

The table below shows some of the massacres reportedly committed by the Ilaga. Some of the attacks were carried out simultaneously, and others, only a day apart.

The Manili Massacre had the highest death toll — 70 civilians, including women and children, killed. It was “one of the most horrible massacres” carried out by the Ilaga.

Teng Addie Nagli, one of the surviving victims was a seven-year-old child when it happened. Macasalong quoted his recollection of the event in her thesis: “Wth armed men no longer around, (I) saw all the dead lying in a pool of ankle-deep blood. There was a child with a hack wound on the head; an old man with a dagger still stuck to his right waist.”

“This was (when) I cried,” Teng Addie Nagli recalled. “I’ll never forget what I saw till the day I die. Even up to now when I think about it, my heart tightens. It makes me want to take revenge because the wounds of the incident are still here.”

Forty years after the Jabidah Massacre, the Mamasapano clash occurred, prompting quick jabs by Senator Cayetano at “Muslim terrorists” and the MILF as the reason why peace has eluded Mindanao.

The 44 SAF troopers who died in the clash have been justly and deservedly honored by a grateful nation. But in the remembering, the civilians and the MILF fighters who died, too, have been forgotten somehow.

It was only two weeks and four public hearing days later that public attention has been focused on the other casualties of the clash – 18 MILF fighters and eight civilians, including a girl of 8 and a farmer who left house early to charge his cellphone battery.

The exchange of fire between policemen and the MILF killed eight-year-old Sarah Panunggulon, according to ARMM Governor Mujiv Hataman.

Barudin Lagalan, 22, Muhammad Amblang, 30, a farmer, and five other civilians died in the clash, too.

Langalan was found with his hands tied, dead along with the SAF troopers. His wife said he was on his way to the public market early in the morning of January 25 charge his cellphone. Hataman said it appeared that the SAF troopers had arrested Langalan, when the latter came out of his hut early that fateful morning of Jan.25. – PCIJ, February 2015

The boo-boo of the bobo?

October 27, 2014October 27, 2014 Julius Mariveles Leave a comment

Or is the poor vote a stupid vote?

WHEN one is poor in the Philippines, it is supposed that one is also stupid.

That’s why the masa – the ignorant masses – are much sought after when the elections are just around the corner. Their sheer numerical power in a country where millions consider themselves poor is too powerful for any politician, or any religious leader, to ignore.

Their numbers may vary, depending on who conducts the count. Last July this year, a Social Weather Stations survey showed that there are at least 11.5 million poor families who consider themselves “poor” as of June 2014, up by more than 600,000 in March, also this year.

Recently, the the term “mahirap” or “poor” in Filipino took on a different meaning when Senator Antonio Trillanes IV claimed that Vice-President Jejomar Binay is portraying himself as “poor” while leading a lavish lifestyle.

SEN. ANTONIO TRILLANES IV. Anti-mahirap? Elitist? | Photo from Senate of the Philippines Gallery

The senator, one of the critics of Binay in the ongoing Senate probe on the alleged corruption charges against the vice-president, was quoted as saying after a visit to the farm that the Binay allegedly owns: “ang nakita natin dito sa ocular visit na ito ay ‘yung dalawang mundo ni Vice President Binay. ‘Yung isang mundo na nagpapanggap siya na asal-mahirap, na galing siya sa hirap na maki-mahirap. Even pati ‘yung kulay niya pinagmamalaki niya na ‘I am mahirap’.”

(What we are seeing here in this ocular visit are the worlds of Vice President Binay. One is the world where he pretends to be poor, that he comes from the poor. He is even proud that his color is like that of the poor.)

Netizens were angered at Trillanes over his comment. Some called him elitist, a charge that he now denies, saying that his statements were distorted by the camp of Binay.

VICE-PRESIDENT BINAY, left, with President Benigno S. Aquino III. Is Binay pretending to be poor? | Photo from PCOO

The Vice-President, responding to the allegations, called those behind what they called as the “Oplan Stop Nognog 2016″ are “elitists” and “anti poor” for calling him “kulay-mahirap” and “asal-mahirap.”

But what exactly is the poor vote? Is it really an “unthinking” vote?

In 2004, PCIJ Founding Executive Director Sheila S. Coronel and Yvonne T. Chua wrote a two-part series on the characteristics of the so-called poor vote. It’s key findings include:

The poor ranked education, experience, platform, and track record as among the most important criteria for choosing candidates.

They do not necessarily have high regard for the wealthy and powerful. What they do have are idealistic notions of leadership, valuing qualities such as piety (makadiyos), helpfulness, sincerity, and responsibility.

Celebrities are not necessarily preferred by poor voters. Many said they value educational qualifications, but they were also suspicious about those with superior education. They said experience and good intentions more than compensate for a lack of college education.

The most import sources of influence in the choice of candidates among the poor are, in declining order: the media, the family, the church, and political parties. Surveys come in last on the list.

Coronel and Chua also reported:

“While elections are seen as a spectator sport, the poor are not passive spectators. They cheer on or boo and take part wholeheartedly. ‘Perhaps their ambivalent attitudes toward elections are subsumed by the notion of a game of chance, which provides elections with an inherent validity as well as entertainment value,” says the IPC report. “Hence, they will participate in it by following certain criteria and principles. Most are not swayed by survey results. But, given their material needs, they will also take advantage of the money and goods that circulate widely at this time, if they can somehow escape the consequences.’”

Click on the photo below to continue reading the story “The poor vote is a thinking vote.”

A SUGARWORKER in one of the haciendas or plantations in the Philippines | Photo by Julius D. Mariveles