Disturbing words

By H. Marcos C. Mordeno

MALAYBALAY CITY (MindaNews/03 July) --The statement made by 6th Infantry Division spokesperson Lt. Col. Jonathan Ponce that civilians displaced in the ongoing offensive against the Moro Islamic Liberation Front in Maguindanao are “enemy reserve forces” (MindaNews, 02 July 2009) betrays the framework within which the military conducts its counterinsurgency program. Judging by his designation, such statement could only be interpreted as the military’s official position, which explains the wariness over extending humanitarian aid to the evacuees. What is disturbing is that this is a policy pronouncement coming not from civilian authorities but from a military source. And although Camilo Montessa, government peace panel spokesperson, clarified that Ponce’s statement is not the official government line, the openness with which the 6th ID’s mouthpiece said it, gives a hint on who actually dictates the rules of engagement in as far as security issues are concerned. Is it the unspoken reason behind the government’s token attention to the plight of evacuees?

Ponce may be right in saying that some assistance intended for the evacuees had ended up in the hands of the MILF. But that is only half of the picture. As explained by Maguindanao administrator Norie Unas, who was quoted in the same MindaNews report, the military should not be surprised with this because “no Maguindanaoan can lay claim na walang kamag-anak sa (has no relatives in the) MILF group” because the MILF members are “all or mostly from Maguindanao, born and raised here.” What Unas was saying is this: If it was true that the evacuees handed over a portion of the relief goods to the Moro rebels, they did it as relatives not as persons actively supporting the armed struggle. Can people be held criminally liable for feeding relatives whether rebels or not? It would be hard for the military to assert that such act had the absolute and exclusive motive of helping sustain the MILF’s capacity to fight the government.

The military official may also be correct in his observation that evacuation centers would teem with evacuees every time there was a scheduled distribution of relief goods and that they were “nowhere to be found” after the distribution. But of course. Why stay there at all times and not try to eke out a living somewhere? Their absence in the centers does not necessarily mean that they have returned to their homes.

These issues, however, are minor compared to the implications of Ponce’s statement that made no distinction between combatants and civilians, a blatant violation of the central spirit of international humanitarian law, which is the protection of civilians in situations of armed conflict. It is not the fault of the civilians that they were displaced from their villages and had to rely on other groups – including government agencies – for their sustenance. Living on dole-outs is not the kind of life they had wanted for themselves. Being left alone in peace is enough for them. Nor are they to blame if they happen to have relatives in the MILF. As far as the law is concerned, there is no way the military may broaden the operational definition of “enemy”.

Instead of treating them as enemies, the military should bear at least two prohibited acts in Protocol 2 of the Geneva Conventions when dealing with civilian populations. One is the use of starvation of civilians as a method of warfare (Article 14). The other is the forced displacement of the civilian population for reasons related to the conflict “unless the security of the civilians involved or imperative military reasons so demand (Article 17).” The same Article provides that “should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.”

Now, are the officers and gentlemen of the 6th ID listening? And will somebody please censure Lt. Col. Ponce? He should realize that issuing policy statements is not a function of the military. (H. Marcos C. Mordeno is one of the editors at MindaNews.)