REPRESENTATIVES of civil society organizations from Mindanao appealed to members of the Philippine legislature not to hold hostage the deliberations on the proposed Bangsamoro Basic Law following the Mamasapano incident in Maguindanao province.
To know more about their calls to Philippine lawmakers, view this video short by PCIJ deputy producer Cong B. Corrales.
Read our story here.
Civil society groups, peace advocates call on solons
REPRESENTATIVES of civil society organizations from Mindanao appealed to members of the Philippine legislature not to hold hostage the deliberations on the proposed Bangsamoro Basic Law following the Mamasapano incident in Maguindanao province.
Forty-four members of the Philippine National Police-Special Action Force, 18 Moro Islamic Liberation front fighters, and five civilians died in the police-led operations codenamed Oplan Exodus. It aimed to kill or capture two foreign bombmakers declared as terrorists by the United States government.
However, lawyer Mary Anne Arnado, secretary general of the Mindanao People’s Caucus (MPC) stressed that this does not mean that investigation on the bloody “misencounter” between the Philippine National Police-Special Action Force (PNP-SAF) and armed groups in the area should stop.
“The (probe on the) Mamasapano incident should proceed; we want to know the truth… we are not preventing anyone to investigate,” she said.
THE CALL IS CLEAR: Members of civil society with their message to members of the Philippine Senate and House of Representatives | Photo by Cong B. Corrales
“But the thing is, it should not be used as a reason, justification, to suspend or derail the peace process with the MILF (Moro Islamic Liberation Front) which is now in the process of implementation,” Arnado told the PCIJ.
At least 6,000 residents have fled their homes in Mamasapano town after the January 25 incident.
Sister Arnold Maria Noel, spokesperson of the Free Cocoy Tulawie Movement, feared that the suspension on the deliberations of the BBL might lead to more bloody incidents like the Mamasapano incident.
“Huwag natin i-hostage ang BBL dahil sa Mamasapano kasi kung hindi natin mapasa itong BBL baka ilang beses pa yung Mamasapano incident. Ngayon kasi ang nangyari dahil sa Mamasapano nahinto na yung deliberations ng BBL. Na-hostage mo yung BBL dahil sa isang incident,” Noel said.
Datuan Magon of the United Youth for Peace and Development, on the other hand, said the investigation on the incident and the deliberation of the BBL should be treated separately since the two are not related.
THE MILF has been talking peace with the government for 17 years – Aga Khan Sharieff | Photo by Cong B. Corrales
Aga Khan Sharieff, chairman of the Bangsamoro National Movement for Peace and Development, agreed with Magon citing the fact that there have been no armed encounters between government troops and the MILF over the three years since President Benigno S. Aquino III sat down to negotiate with the MILF.
“Ang MILF, 17 years na nakikipag usap sa gobyerno. Sinabi doon sa report, tatlong taon mula noong umupo si PNoy walang encounter na nangyari sa pagitan ng MILF at saka ang gobyerno natin. Noong panahon ni Erap (Manila Mayor Joseph Estrada), 989 encounters.
Sharieff also reiterated that MILF does not own the BBL and is not intended to appease the revolutionary group.
“Bigyan po natin ng lugar ang BBL na maitatag. Hindi po ‘yan pag-aari ng MILF dahil (may) plebesito tapos (sa) 2016 mag e-eleksyon,” he said.
Photo by Cong B. Corrales
Arnado also pointed to the fact that members of the Bangsamoro Ad Hoc Committee have already gone around Moro communities in Mindanao for the public hearings and have told people that the law will be passed “within the timeline as agreed in the peace agreement.”
“It is very worrisome at this point when we hear our legislators saying this is already suspended and the reason is because of the Mamasapano (incident). This could not be understood at the ground level,” Arnado said.
The representatives of civil society organizations from Mindanao held a news conference during a two-day gathering in Manila of peace advocates from across Asia. Dubbed “Defying Extremism: Asian Dialogue,” it carried the theme, “Civil society voices; discourse and action for peace.” | Cong B. Corrales
SEVEN MAJOR business chambers and associations on Wednesday issued a carefully but strongly worded joint statement expressed “utmost respect and sympathies” to the families of the policemen, Moro fighters, civilians who died in Mamasapano, Maguindao last month.
At the same time, they joined the national clamor for “truth and accountability” for the incident, and urged President Aquino and all parties involved “to put the peace process back on track at the earliest time possible.”
“It seems inevitable,” however, “that President Aquino, as Commander-in-Chief, ultimately will have no choice but to render a full accounting on Mamasapano to the Filipino people.”
“Let the chips fall where they may, but too much is at stake for silence to be invoked for the protection of old friends and allies,” they added.
“Only with a full and satisfactory accounting will justice be possible, and only after justice has been satisfied can the peace process get back on track based on the trust and confidence that is needed of both parties.”
The groups spurned calls by some politicians for an all-out war in Mindanao,” saying citizens must “not allow political manipulation to take advantage of legitimate emotion and grief to the point of trumping reason and endangering the gains we have made over the last few years.”
“In the midst of national mourning,” they lamented, “certain sectors and political players have openly called for all-out war in Mindanao, branded our brother and sister Muslim Filipinos as terrorists, cast doubt on the Bangsamoro Peace Process and the sincerity of the negotiators, and vigorously demanded the resignation of the President.”
“As members of the Philippine business community we do not and will not support such calls. WE CALL INSTEAD FOR SOBRIETY, COURAGE, AND UNITY.”
The full text of the statement signed by the Cagayan de Oro Chamber of Commerce and Industry Foundation, Inc., Employers Confederation of the Philippines, Financial Executives Institute of the Philippines, Makati Business Club, Management Association of the Philippines, Mindanao Business Council, and Philippine Business for Social Progress follows:
A TIME FOR SOBRIETY, COURAGE, AND UNITY
We, the undersigned business organizations, express our utmost respect and sympathies for the families of the gallant policemen of the PNP Special Action Force, as we extend our sympathies to the families of our brother Muslim Filipinos and the innocent civilians who perished as a result of the tragic encounter at Mamasapano, Maguindanao. We join the Filipino people in our grief over this tragedy and in the call for truth and accountability over this incident.
In the midst of national mourning, certain sectors and political players have openly called for all-out war in Mindanao, branded our brother and sister Muslim Filipinos as terrorists, cast doubt on the Bangsamoro Peace Process and the sincerity of the negotiators, and vigorously demanded the resignation of the President.
As members of the Philippine business community we do not and will not support such calls. WE CALL INSTEAD FOR SOBRIETY, COURAGE, AND UNITY.
The Philippines has achieved much under the stewardship of President Aquino and his government: The administration’s credible campaign to restore integrity and good governance has gained traction and the respect not only of Philippine business but also the international investment community. Our conduct of international diplomacy and our insistence on the settlement of disputes through the rule of law have gained for our country unprecedented admiration and respect in the community of nations. From being Asia’s perpetual laggard in the last decade, we are now among the region’s fastest growing countries and our rapidly expanding economy is now the envy of our neighbors. Once ignored by international investors and tourists, we have re-established ourselves as an attractive business and leisure destination. From a people cynical and lethargic at our lack of progress and purpose, Filipinos are once again vigilant and assertive in national discourse.
We must not allow political manipulation to take advantage of legitimate emotion and grief to the point of trumping reason and endangering the gains we have made over the last few years. Rather than foster division among ourselves, we must channel our energies and efforts towards unity, reconciliation, and a genuine search for the truth, fully insulated from selfish political agendas.
We reaffirm our support for the Aquino administration and the Bangsamoro Peace Process. There is no other answer to the aspirations of the Bangsamoro people but total and lasting peace. It is in this context that we appeal to the Aquino administration and all parties involved to put the peace process back on track at the earliest time possible.
We fully realise, however, that the facts surrounding Mamasapano must still be satisfactorily established and justice must be dispensed where it is due. We therefore appeal to all the parties conducting inquiries— the PNP, the AFP, the MILF, the DOJ and both houses of Congress— to complete their inquiries at the earliest time possible and render their reports to the nation. Whether these inquiries will lead to clear conclusions and the satisfactory dispensation of justice, or simply add even more to the prevailing anger and confusion, only time will tell. It, however, seems inevitable that President Aquino, as Commander-in-Chief, ultimately will have no choice but to render a full accounting on Mamasapano to the Filipino people. Let the chips fall where they may, but too much is at stake for silence to be invoked for the protection of old friends and allies. Only with a full and satisfactory accounting will justice be possible, and only after justice has been satisfied can the peace process get back on track based on the trust and confidence that is needed of both parties.
At a critical juncture in our history, we have a golden opportunity to preserve our gains and use them as a platform to put the country on an irreversible path towards inclusive development and political maturity. We cannot afford to squander 56 months of institutionalizing reforms, weeding out corruption, and solidifying our economic and social foundations.
Let us move forward with sobriety and courage as one united Filipino nation in search of Justice and Peace.
SIGNATORIES:
Cagayan de Oro Chamber of Commerce and Industry Foundation, Inc.
Employers Confederation of the Philippines
Financial Executives Institute of the Philippines
Makati Business Club
Management Association of the Philippines
Mindanao Business Council
Philippine Business for Social Progress
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
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
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