Monday, November 30, 2009

STATEMENT FROM UNYPHIL –WOMEN ON THE MAGUINDANAO MASSACRE

We at UnYPhil –Women condemn and denounce in the strongest possible terms the massacre of at least 57 innocent civilians in Ampatuan, Maguindanao last 23 November 2009. We deplore such inhumane and senseless act of aggression and cruelty that did not even spare unarmed innocent men and women. The fact that such a plan was even hatched at all speaks only of a shamelessness that one could actually get away with such flagrant, brazen and wanton defiance of the law and with such utter disregard for the sanctity of human lives.

We sincerely sympathise and we express our heartfelt condolences to the families of the victims. Though no words of appeasement and comfort could ever take away your anguish, we stand with you now and offer you our steadfast support as you carry on with your crusade and relentless search for justice. We will be by your side as we see the tragedy not as a tragedy of one person, one family, but rather a tragedy for all peace-loving peoples.

Now that investigations are under way, we urge all sectors to do their respective civic and moral duty to ensure that the perpetrators of this most heinous crime be brought to justice.

We call on the government to act with haste and without delay in effectively mobilizing all its resources to uncover the truth and then to promptly carry out a just punishment on the violators of the law. The government has already given the impression of treating this massacre of epic proportions inappropriately to say the least. It should now work to obliterate such impression and thus restore the people’s faith and belief that the justice system in this country may still be working and can still work.

We call on the perpetrators of this dastardly crime to come out in the open and finally admit their culpability. The scale of the massacre warrants that the people will no longer take this in stride even in light of the culture of impunity that has now taken over our land. Thus, we appeal to the guilty parties to, unimaginable it may be, listen to their inner voice, to be guided by their conscience and to come out so to prevent further bloodshed.

We call on everyone, especially those in the conflict-affected areas, to continue exercising vigilance not only to prevent a similar tragedy from happening again but to ensure that this will not go the way previous tragedies have gone, in the deep recesses of our memories. That unspeakable and atrocious incident spilled too much precious blood to be simply forgotten eventually.

One week on, we still continue to struggle with what truly happened. The vulnerability of peace-loving peoples against armed groups, never been so brazenly exhibited, has once again been magnified. But amidst such a violent environment, we remain committed to patiently and tirelessly work to achieve the peace and security that have so far proven to be quite elusive. Peace and non-violence will ultimately prevail.

Wednesday, November 25, 2009

2007 Mindanews Special Report: It's still all in the family

12,395 Mindanawons vie for 4,930 posts

1st of a series

DAVAO CITY (MindaNews/03 May 2007) – Twelve thousand three hundred ninety five Mindanawons are vying for a total of 4,930 posts across Mindanao’s 27 provinces and 27 cities, many of them bearing the same family or middle names. 

Two new provinces were created in Mindanao as of December 2006: Dinagat Islands, carved out of seven towns of Surigao del Norte and Shariff Kabunsuan, carved out of Maguindanao.

Of 56 seats for Mindanao in the House of Representatives, six are new – one each for the new provinces of Dinagat and Shariff, and additional one each for Sultan Kudarat, Zamboanga Sibugay, Cagayan de Oro City and Zamboanga City.

Lawyer and provincial board member Solema Jubilan, who died from accidental gunfire on April 28 was substituted by her younger sister Zaida Jubilan-Rinsulat, the provincial social welfare and development officer.

Mindanao’s candidates are vying for 56 congressional seats; 27 city mayors; 27 vice mayors; 27 governors; 27 vice governors; 422 municipal mayors; 422 vice mayors; 256 provincial board members; 300 city councilors, 3,366 municipal councilors.

Seventy-nine candidates are running for the 27 city mayoral seats while 69 candidates are running for the 27 gubernatorial seats.

In Agusan del Norte, the Amantes versus the Plazas dominate the political scene with the Amante patriarch, Edelmiro and Plaza matriarch, Valentina, running for governor.

Incumbent Governor Erlpe John Amante is running for representative while Angelica Rosedell Amante, former governor and incumbent representative, is running for Butuan City mayor against incumbent mayor Democrito Plaza II.

In Agusan del Sur, Governor Adolph Edward Plaza is seeking a third term while brother Rodolfo Rodrigo is also seeking a third term in the lone congressional district.

In Basilan, three-term governor Wahab Akbar is running for congressman while his 1st wife Jum is running for mayor against three-term Basilan Representative and former governor Gerry Salapuddin. Akbar's 2nd wife, Nur-in is running for mayor of Lamitan while 3rd wife Cherry Lyn Santos is running for mayor of Isabela City.

Akbar’s two nephews, Waluso Mayor Sakib Salajin and Lantawan Mayor Tahira Ismail are running for reelection. Also, a new municipality has been added to Basilan’s seven – Akbar, carved out of Tipo-tipo and Tuburan towns.

In Bukidnon, it’s Zubiri vs Acosta with Zubiri patriarch Jose seeking reelection as governor against Rep. Nereus Acosta who is completing his third term in Congress.

Zubiri’s son, Juan Miguel is running for senator while another son, Jose III, is running for the congressional seat his brother Miguel is vacating. Nephew Ignacio is seeking reelection as Malaybalay City vice mayor.

Acosta’s sister, Malou, is running for the seat he is vacating while his mother, Socorro, a former three-term representative, is seeking reelection as mayor of Manolo Fortich. Malou is facing the controversial former Comelec commissioner Virgilio “Hello Garci” Garcillano.

In Camiguin, the Romualdos are still lording it over but the patriarch, former Camiguin Governor Pedro Romualdo, who is running for Congress is now facing his own son, Mambajao Mayor Noordin Efigenio "Gogo" Romualdo, as opponent.

Gogo is allied with former governor Antonieto Gallardo who is making a comeback against three-term Rep. Jurdin Jesus, Gogo’s brother.

In Compostela Valley, three-term governor Jose Caballero is running for the 2nd congressional district seat against Rommel Amatong, son of former Davao del Norte governor and Compostela Valley Rep. Prospero Amatong.

Caballero’s daughter, Kristina Mae, a provincial board member, is running for governor.

In Davao del Norte, it would have been an uncle versus nephew race had not the family intervened. Three-term Rep. Antonio Floirendo, Jr., backed out of an earlier plan to run for governor in favor of his uncle, Rodolfo del Rosario, a former governor and congressman. Taking over Floirendo’s congressional seat is Anton Floirendo Lagdameo, whose wife is actress Dawn Zulueta.

In Davao del Sur, it’s still the Bautistas versus the Cagas family with Rep. Douglas Cagas, a former governor, eyeing that seat again against Rep. Claude Bautista.

Governor Benjamin Bautista, Jr. is running for the 2nd congressional district while Cagas’s son, Mark is running for the 1st congressional district.

In Davao Oriental, Governor Elena Palma Gil (Lakas-CMD) is seeking reelection against Rep. Corazon Malanyaon (Kampi).

Former three-term representative Thelma Almario is staging a comeback in Congress while her son Mayo, who is completing his third term in Congress, is running for vice governor.

In Lanao del Norte, it’s the Dimaporo family, still.

Governor Imelda Quibranza-Dimaporo, who is completing her third term, is running for 1st district representative while husband Abdullah (Bobby), also a former governor, is running for 2nd district representative.

Their eldest son, Khalid, is running for governor.

The elder Dimaporo’s brother, Marcos Abdulrahman, is also running for the 2nd congressional seat.

Three-term representative Cirilo Alipio Badelles (1st district), and son of the late congressman Mariano Badelles, fielded his daughter-lawyer Angelique Badelles-Bacareza to run for the seat he is vacating. Badelles’ daughter is facing Imelda Dimaporo who is finishing her gubernatorial term on June 30. (Carolyn O. Arguillas with reports from Violeta M. Gloria and Walter Balane/MindaNews)

Source: http://www.mindanews.com/index.php?option=com_content&task=view&id=2315&Itemid=222


More political dynasties

2nd of a series

DAVAO CITY (MindaNews/04 May 2007) – Years ago in Mindanao, political dynasties were mostly associated with the Moro. These days, they’re more associated with the non-Moro.

In the past, they ruled in succession -- e.g. father first then the eldest son. These days, they rule altogether - husbands and wifves, fathers and sons, fathers and daughters, mothers and daughters, mothers and sons, brothers, sisters, uncles and nephews.
Here’s a continuation of the list of candidates in Mindanao, many of them bearing the same family names.

In Lanao del Sur, Gov. Aleem Basher Manalao is running for reelection against three-term Rep. Benasing Macarambon, Jr.; three-term Marawi City mayor Omar Solitario Ali and Mamintal Adiong, Jr.

In the first congressional district, it’s a choice between reelectionist Faisah Dumarpa and Hamid Barra. The second district is contested by lawyer Pangalian Balindong, Macabangkit Lanto, Aleem Abdulmalik Laguindab and laweyr Saduddin Alauya.

In Maguindanao, Governor Andal Ampatuan and 21 of his 22 town mayors are running unopposed. Only the town of Pagalungan is contested.

But the congressional race in the first district is another story. Didagen Dilangalen wants to return to his former seat while his wife, the incumbent Rep. Bai Sendig Dilangalen, is running for Cotabato City mayor against Muslimin Sema, whose wife, Bai Sandra, Didagen Dilangalen is facing at the polls.

In Misamis Occidental, Governor Leo Loreto Ocampos is running unopposed.

In Misamis Oriental, Governor Oscar Moreno (Lakas CMD Coaltion) is eyeing a second term against three-term Rep. Augusto Baculio Jr., (Kampi/2nd district).

In the 1st congressional district, it’s Rep. Danilo Lagas (Lakas) against Kampi’s Michael Angelo Paderanga.

Vice governor Julio Uy (PMP) is running for 2nd District representative against Tagoloan town mayor Yevgeny "Bambi" Emano (Lakas CMD), son of Cagayan de Oro City’s mayor Vicente Emano, Paul Andy Calingin, son of The elder Emano is running for vice mayor. The son of former governor Antonio Calingin,

Kampi's Rex Baculio, son of Augusto Baculio Jr., is also running for 2nd district representative along with Paul Andy Calingin (NPC), son of former Misamis Oriental Governor Antonio "Bong" Calingin. The elder Calingin is running for mayor of Cagayan de Oro City.

In North Cotabato, three-term governor Emmanuel Pinol is running for vice governor against three-term 2nd district Rep. Gregorio Ipong. Pinol’s younger brother, Bernardo, Jr., the provincial administrator, is running for Congress in the 2nd district against former Rep. Gregorio Andolana, Evaristo Gana and substitute-candidate Zaida Jubilan-Rinsulat, provincial social welfare officer.

Another brother, Efren is running for reelection as mayor of Magpet while yet another brother, Joselito, incumbent vice mayor of M’lang town, is running for mayor.

Three-term Carmen Mayor Rogelio Talino is running for governor against Pinol’s outgoing vice governor, Jesus Sacdalan. Four others are running against them. Talino’s wife, Noemi, is running for Carmen mayor while daughter, Emmylou Talino-Santos-Mendoza, is seeking a third term as representative of the 1st district, against three-term Kabacan mayor Luzviminda Tan.

In Sarangani, Governor Rene Miguel Dominguez (Sarro-Kampi) is seeking reelection against Francis Martinez, who listed “NGO-practitioner” as his profession.

Vice Governor Bridget Chiongbian-Huang (Lakas) is seeking reelection against his cousin, Steve Chiongbian Solon (Kampi).

Bridget’s father, Erwin Chiongbian is seeking reelection against former governor Miguel Escobar.

Solon is supported by Bridget’s father, Erwin. Bridget fell from grace after asking someone to withdraw her certificate of candidacy for vice governor in favor of governor. The shift of candidacy did not push through.

In Shariff Kabunsuan, OIC Governor Bimbo Sinsuat, former Maguindanao vice governor before Shariff was carved out of Maguindanao, is running for governor against three-term Sultan Kudarat town mayor Tocao Mastura and Zacaria Candao, former governor of Maguindanao and the first governor of the Autonomous Region in Muslim Mindanao.

In South Cotabato, Governor Daisy Avance-Fuentes also doesn’t need to campaign as she is sure to win against fellow South Cotabatenos, Nane Rotone Neulid alias “Power Neuli” and Ephraim Paradao Defino, Jr.

In the congressional race in the second district, Rep. Arthur Pingoy Jr. is facing former three-term governor Hilario de Pedro III while Rep. Darlene Antonino-Custodio who is seeking a third term is facing international boxing champion Manny Pacquiao.

In Sultan Kudarat, three-term governor Pax Mangudadatu (Kampi) is running for congressman in the first district against former Rep. Angelo Montilla (NPC) while Mangudadatu’s son, Rep. Suharto Mangudadatu, is running for governor.

In Sulu, Governor Benjamin Loong is running for a second term against former governor Sakur Tan and detained Moro leader Nur Misuari. Councilor Cocoy Tulawie, a member of the Consortium of Bangsamoro Civil Society, is running for congressman against former governors Tupay Loong and Yusoph Jikiri.

In Surigao del Norte, the potential Barbers versus Ecleo clash has been avoided with the creation of Dinagat Islands for the Ecleos’ turf. Geraldine Ecleo Villaroman, daughter of Rep. Glenda Ecleo who was appointed OIC Governor is running for governor.

Surigao del Norte Governor Robert Lyndon Barbers is seeking reelection. He will be facing former governor Francisco Matugas whose brother, Ernesto is running for Surigao City mayor. Barbers’ brother, Robert Ace is seeking reelection as representative.

In Surigao del Sur, Governor Vicente Pimentel is facing a relatively unknown opponent while his brother Alexander, mayor of Tandag town, is running unopposed.

Rep. Prospero Pichay is running for senator while his brother Philip is running for the post he is vacating, against Dr. Greg Murillo, son of the late governor Gregorio Murillo, Sr. and brother of former Governor Primo Murillo, and human rights lawyer Antonio Azarcon, whose streamer reads: “dili garboso, dili kawatan.”

In the other congressional district, Jesnar Falcon is running for reelection against Mar Alvizo, Enciong Garay and Alejandro Asis. Falcon’s son, Jed, is running for mayor of Bislig City.

In Tawi-tawi, Governor Sadikul Sahali is facing former governor Rashidin Matba while in the lone congressional district, Rep. Nur Jaafar; Hajji Annuar Abubakar, lone district representative who was removed a few months ago after an electoral protest showed he actually lost to Jaafar; and former ARMM regional speaker Pocholo Abubakar. The two Abubakars are not related.

Governor Sahali’s daughter, Ruby, former ARMM Social Welfare Secretary, is running for vice governor against Itin Usman.

In Zamboanga del Norte Gov. Rolando Yebes is running against Dipolog City Mayor Roberto Uy of Lakas (whose wife Evelyn is running for Dipolog City mayor) and an independent bet named Roberto Yang Uy.

But the Jalosjos presence is still felt despite the detention of Romeo Jalosjos. His sister Celia Jalosjos-Carreon is seeking reelection in the 1st congressional district while brother Cesar is seeking reelection in the 3rd. Another brother, Dominador, is seeking reelection as mayor of Dapitan City.

Another Jalosjos, Seth Frederick Pal Bullet, is running for provincial board member in the first district.

In Zamboanga del Sur, Governor Aurora Cerilles (Kampi) is seeking reelection against Tirsendo Calamba Poloyapoy. The governor’s husband, Antonio (NPC), a former governor, is seeking reelection as representative of the second district against Filomena San Juan. In the first district, former governor Isidoro Real is seeking reelection against three opponents.

In Zamboanga Sibugay, Governor George Hofer (Kampi) is seeking reelection against Alfredo Chu. The governor’s daughter, Dr. Dulce Ann K. Hofer, is running for Congress 2nd district against incumbent Belma Cabilao. Cabilao was a three-term representative of the 3rd district of Zamboanga del Sur before it was carved out of Zamboanga del Sur. [Last part tomorrow: the city mayors] (Carolyn O. Arguillas with reports from Allen V. Estabillo and Violeta M. Gloria/MindaNews)

Source: http://www.mindanews.com/index.php?option=com_content&task=view&id=2316


Not only in the countryside but in the cities, too

Last of three parts

DAVAO CITY (MindaNews/05 May 2007) – It’s not just in the countryside but in the cities, too, these families lording it over the political landscape in Mindanao, with Davao City as the latest entrant – a father and daughter team in the executive and a father and son team at the legislative.

Mayor Rodrigo Duterte is running for a third term as mayor, his sixth actually since 1988, with a three-year term as Davao City representative of the first district between. His daughter Sara, 28, single, also a lawyer like him, makes a first bid at politics as his running mate.

Sara does not think they’re building a political dynasty. "The people have a choice whether they will vote for us. That is why we cannot impose ourselves upon them," she earlier told MindaNews.

"We are in a democracy where the people are assured of choosing their candidates," she said.

Sara’s grandfather, Vicente, the father of Rodrigo, was governor of the undivided Davao province.

In the first congressional district, Representative (1st district) and Deputy Majority Floorleader Prospero Nograles is running for a third term while his son, Karlo, a laywer and his chief of staff, is running for Congress, too, via a party-list group believed to be backed by Malacanang, Kalahi.

In Bislig, Rep. Jed Falcon is running for mayor against Mayor Alberto Tan. Jed is the son of Jesnar who wants to return to Congress, having served there from 1995 to 2004.

In Butuan, it’s still Amante versus Plaza with Democrito Plaza II running against former Agusan del Norte and former Rep. Angel Amante. Plaza’s mother Valentina, and Angel’s father, Edelmiro are running for governor of Agusan del Norte.

In Cagayan de Oro City, three-term Mayor Vicente Emano is running for vice mayor. Former mayor Pablo Magtajas (PDP-Laban/ UNO) is running against three-term Rep. Constantino Jaraula (Lakas CMD), former Misamis Oriental governor Antonio Calingin, and independent candidates Felix Borres and Rhona Canoy. Rhona is the daughter of former Cagayan de Oro mayor Reuben Canoy who is running as an independent candidate for the city’s 1st congressional district, against vice mayor Michelle Tagarda-Spiers, Antonio Soriano, Annie Daba, Camilo Miguel Montesa and Henry Bacal.

Emano’s son Yevgeny, Tagoloan mayor, is running for congressman in the 2nd district of Misamis Oriental against Calingin’s son, Paul Andy; Misamis Oriental Vice Gov. Julio Uy and Rex Baculio, son of Rep. Agusto Baculio, Jr.

Cotabato Mayor Muslimin Sema is running against Rep. Bai Sendig Dilangalen, wife of Didagen Dilangalen who wants to reclaim his former seat in Congress; Estrellita Juliano, who filed a protest against Sema’s proclamation in 2004; former city fire marshal Samad Candao, Banginda Sapi and Habib Ibrahim.

In Dapitan, it’s a toss-up between James Adasa and Dominador Garcia Jalosjos, Jr. for mayor. Jalosjos is seeking reelection. His brother Cesar is running for 3rd district representative of Zamboanga del Norte while sister Cecilia Jalosjos-Carreon is running for 1st district reprersentative.

In Digos City, it’s Mayor Arsenio Latasa (NPC) versus Toto Ymalay.

Dipolog’s three-term Rep. Roseller Barinaga wants to return to the city as mayor against Evelyn Tang Uy, wife of three-term mayor Robert Uy.

In General Santos, Mayor Pedro Acharon is running against former mayor Rosalita Nunez and Shirlyn Banas.

In Gingoog, Mayor Ruthie de lara Guingona is facing former mayor Romulo Rodriguez and Ernesto Rodriguez, who is facing a petition for disqualification for allegedly being a nuisance candidate.

Guingona is the wife of former Vice President Teofisto Guingona and mother to Bukidnon 2nd district Rep. Teofisto Guingona III.

In Iligan, it’s a return bout between Mayor Lawrence Cruz (NPC) and former mayor Franklin Quijano (Lakas).

In Isabela City, Cherry Santos-Akbar, third wife of three-term governor Wahab Akbar, is running for mayor against Mayor Rodolfo Tan, who ran and won the vice mayoralty in 2004 but assumed the post of mayor of Isabela after Mayor Luis R. Biel II was killed in March last year. Number one councilor Luis R. Biel VI, assumed the post of vice mayor.

In the Island Garden City of Samal, three-term mayor Rogelio Antalan is not running for any post but his brother, Aniano, a former mayor of Kaputian town, is running for mayor.

In Kidapawan, Mayor Rodolfo Gantuangco (Kampi) is facing four opponents: Rosalio Bombeo (Lakas), Marilou Mahinay (Ind), Efren Lapore (Ind), and Alfredo Purugganan (Ind).

Koronadal Mayor Fernando Miguel (Kampi) is running against Atty. Jose Ledda, Jr., last-termer vice mayor.

In Malaybalay, Mayor Florencio Flores, Jr., is running against a political unknown.

In Marawi, three-term mayor Omar Solitario Ali is running for governor of Lanao del Sur. Running for city mayor are his cousin, Sultan Fahad “Pre” Salic (some identify him to be a brother of Omar); Vice Mayor Yusoph Khosbari “YK” Salic, cousin of the mayor; former mayor Abbas Basman, and Engr. Nata Pangarungan.

Oroquieta City mayor Jorge Almonte is seeking reelection against vice mayor Lemuel Acosta.

In Ozamiz City, Mayor Reynaldo Parojinog is running unopposed.

Pagadian mayor Samuel Co is seeking reelection against former Rep. Sandy Urro.

Panabo Mayor Rey Gavina is completing his third term. Running for city mayor are vice mayor Ruperto Cagape and councilor Joe Silvosa.

Surigao mayor Alfonso Casurra is running against Ernesto Matugas, brother of former governor Francisco Matugas who is running against Governor Robert Lyndón Barbers.

In Tacurong, Mayor Lino Montilla of NPC is running against Jonald Lagon of Kampi and Ralen Bernardo of Lakas. Mayor Montilla’s brother, Angelo, is running for 1st district congressman of Sultan Kudarat province, against outgoing governor Pax Mangudadatu. Mangudadatu’s son, Suharto is running for governor.

In Tagum, Mayor Rey Uy is running against Davao del Norte board member Meliton Lemos.

Tangub Mayor Jennifer Wee-Tan is running against board member Morpheus Agot

In Valencia, Mayor Jose M. Galario, Jr. is running against former mayor and former representative Berthobal Anceta.and former vice mayor Leandro Jose Catarata, son of a former mayor while Valencia was still a municipality.

In Zamboanga City, Mayor Celso Lobregat is facing a priest in the elections: Msgr Crisanto dela Cruz. (Carolyn O. Arguillas with reports from Violeta M. Gloria, Samira A. Gutoc, Williamor A. Magbanua, Walter I. Balane and Allen V. Estabillo/MindaNews)

Source: http://www.mindanews.com/index.php?option=com_content&task=view&id=2325

Tuesday, November 24, 2009

Philippines: Massacre Shows Arroyo’s Failure to Address Impunity

Independent Investigation and Full Prosecution Crucial

Human Rights Watch
November 24, 2009

(New York) - The massacre of at least 47 people in Maguindanao in the southern Philippines tragically shows the failure of Gloria Macapagal-Arroyo's administration to hold accountable perpetrators of extrajudicial killings, Human Rights Watch said today.

Given allegations of involvement by members of the security forces and local militias, Human Rights Watch urged the government to initiate a fully independent investigation led by the National Bureau of Investigation (NBI).

"Far too many people have been gunned down in the Philippines while President Arroyo has sat on her hands," said Elaine Pearson, deputy Asia director at Human Rights Watch. "The possible involvement of state forces in the Maguindanao massacre means that security personnel shouldn't be allowed to interfere in an independent investigation."

On November 23, 2009, a dozen family members of Vice Mayor Ishmael Mangudadatu of Buluan and about 40 others travelled to the government Commission on Elections office in Maguindanao, in the Autonomous Region of Muslim Mindanao, to file Mangudadatu's candidacy for governor in the May 2010 elections. Witnesses told the media that before 10 a.m., approximately 100 armed men stopped the group's convoy on a remote section of highway near the town of Ampatuan. The armed men abducted the group, which included at least 12 Mangudadatu family members, 12 journalists and two lawyers.

The authorities reported finding 47 bodies, including Mangudadatu's wife and two sisters. The bodies, bearing gunshot wounds, were found in the victims' vehicles and buried in shallow graves.

Mangudadatu told the media that because he had been receiving threats, he had sent his wife and other female family members to file his certificate of candidacy because he felt they would be safe. According to local media, he said, "I was expecting they will not harm them because they were all women." No security escorts were sent to accompany them as I trusted the police and military could protect them."

There are reports that the women were raped before they were killed. Police Chief Superintendent Felicisimo Khu told the Philippine Daily Inquirer that "all the women had their pants unzipped."

There are indications that the killings were politically motivated. A military spokesman, Lt. Col. Romeo Brawner, was quoted in news reports as having said, "The suspects are bodyguards of [Maguindanao Governor Andal] Ampatuan, local police aides, and certain lawless elements."

Gov. Ampatuan, patriarch of the powerful Ampatuan family, cannot run for re-election in the May 2010 elections because of a three-term limit. His son Andal Ampatuan Jr. is expected to run in his place. The governor has a paramilitary force that is estimated to number 500.

Philippine National Police Chief Jesus Verzosa ordered that the deputy provincial police chief of Maguindanao, Chief Inspector Sukarno Dicay, be relieved of his duties while the killings are investigated after witnesses reported seeing him with the armed men during the abduction. Concerns have also been raised about the slow response by the police and military to the abductions.

Arroyo condemned the killings in the "strongest terms" and vowed that "no effort will be spared to bring justice to the victims." However, today the presidential adviser on Mindanao affairs, Jesus Dureza, met with members of the Ampatuan family and told the media that, "They have assured us that they will cooperate fully in the investigation."

Human Rights Watch expressed deep concern that the administration's personal relationships with the Ampatuan family were likely to hinder rather than aid an impartial investigation into all those responsible for the killings.

"Ampatuan family members should be questioned by the National Bureau of Investigation, not having chats with senior presidential advisors," Pearson said. "President Arroyo's words on justice will ring hollow so long as the perpetrators of this terrible massacre remain unpunished."

Arroyo declared a state of emergency today in Maguindanao, Sultan Kudarat, and Cotabato City, giving greater powers to the armed forces, which have been implicated in numerous extrajudicial killings. Human Rights Watch called on the Arroyo administration to ensure that the armed forces uphold and protect human rights in securing these areas.

"Extrajudicial killings will continue to be a serious problem in the Philippines until they are competently, transparently, and impartially investigated, and perpetrators including members of security forces are fully prosecuted," Pearson said. "The history of election-related violence in the Philippines makes the lead up to the May 2010 elections a period of special concern."

Background on extrajudicial killings in the Philippines

Since 2001, when President Arroyo took office, hundreds of left-wing political party members, human rights activists, journalists, and outspoken clergy have been killed or forcibly disappeared, but only six cases have been successfully prosecuted. Although the military has been implicated in many of the crimes, none of the 11 persons convicted in these cases were active military personnel at the time of the killing. The killings surged after Arroyo's declaration in June 2006 of an "all-out war" against the communist New People's Army insurgency.

The Arroyo administration has not sufficiently investigated numerous extrajudicial killings in which the military has been implicated. It has yet to take strong action against local government-backed "death squads" in Davao City and elsewhere, and has tolerated unnecessary delays in investigations into these killings.


http://www.hrw.org/en/news/2009/11/24/philippines-massacre-shows-arroyo-s-failure-address-impunity

Philippines: Abduction and killings of journalists and politicians must be investigated

AMNESTY INTERNATIONAL
PRESS RELEASE

November 23rd 2009


Amnesty International condemns the killings of at least 21 civilians, including journalists and members of a politician’s family, in the southern Philippines province of Maguindanao, the first reported killings linked to national elections to be held in May 2010.

A group of about 45 people were ambushed and abducted by about 100 armed men, according to reports. The military recovered the bodies of 13 women and eight men—some of them mutilated.

“These killings underline the danger facing civilians in the run up to the national elections. The authorities must immediately launch an independent and effective investigation into these murders and ensure that they do all they can to prevent killings and other violence,” said Donna Guest, Deputy Asia Pacific Director, Amnesty International.

The sister and the wife of Esmael Mangudadatu, vice mayor of Buluan town, were on their way to file his certificate of candidacy as provincial governor when they were attacked.

The province of Maguindanao witnessed widespread election violence during previous polls.

Amnesty International has been told that at least 12 journalists were part of the group who were targeted. It is not known how many journalists were killed.

Private armies, often employed by rich and politically influential families in Mindanao, have committed abuses with impunity.

“The government must prohibit and disband private armies and paramilitary forces immediately. The authorities should also establish clear standards on human rights protection and ensure their implementation, particularly during the election period when politically-motivated killings could increase.” said Donna Guest.


http://www.amnesty.org.ph/news.php?item=news&id=120

Monday, November 23, 2009

Konsult Mindanaw presents findings to MILF; MILF says “we want agreement acceptable to all”

SIMUAY, Sultan Kudarat, Maguindanao -- A team from Konsult Mindanaw presented Sunday afternoon to the Moro Islamic Liberation Front the results of its year-long community consultations on peace in Mindanao.  

Fr. Albert Alejo, SJ, project director of Konsult Mindanaw, presented the findings to MILF vice chair for political affairs Ghazali Jaafar, inside the pink room of a nearly finished building inside Jaafar’s compound, from 1:35 p.m. to 3:55 p.m. Even before Alejo could finish his presentation, Jaafar said, “hindi kami opposed na alamin kung ano ang gusto nila. Baka makatulong pa yun sa pagkaroon ng mapayapaang solusyon. Kami, gusto rin naming solusyon na mapagkasunduan, gusto naming hindi lamang acceptable ng majority of Bangsamoro people kundi acceptable din ito sa mga migrants” (we are not opposed to find out what they want. That may just help us find a peaceful solution. We also want the agreement reached to be acceptable not only to the majority but also to the migrants).


Jesuit priest Albert Alejo (left) explains a point to MILF vice chair for political affairs Ghazali Jaafar Sunday afternoon. MindaNews photo by Froilan Gallardo

Jaafar acknowledged that an acceptable agreement provides an assurance of a smooth implementation.

Vision of Peace 

Alejo represents a team from the academe in Mindanao which was commissioned by the Bishops-Ulama Conference (BUC) to conduct community consultations. The BUC was earlier tapped by President Arroyo to take a more active role in the peace process following the controversy over the Memorandum of Agreement on Ancestral Domain (MOA-AD) in August last year and the shift at that time, in government’s strategy from negotiating with armed rebels to “authentic community dialogues” and disarmament, demobilization and reintegration.”

The results of the study were first presented to President Arroyo in Davao City on October 29. 

The results of the consultations show that between war and peace talks, Mindanawons go for the latter.

“One of the important results of the region-wide consultations and dialogues is that the process, which involved more than 5,000 respondents in eight regional centers, has caused the emergence of a collective consciousness on the part of the large number of Mindanawons,” Davao Archbishop Fernando Capalla said in a statement.

In his Powerpoint presentation, Alejo said a total of 4,916 participants from the Catholic, Muslim, Protestant and Lumad sectors in 311 focus group discussions (FGDs) were asked four questions: “What is your vision of peace? What are your recommendations on the peace talks between the GRP and the MILF? What can you recommend on the broader peace process? What can you personally contribute – or even sacrifice – for peace in Mindanao?”

Findings on GRP-MILF

The findings pertaining specifically to the GRP-MILF peace process, are: 
Although many participants express their lack of sufficient information on the MOA-AD, the peace talks between the government and the armed groups are very much alive in the mind of the people. 
People want the peace talks to continue and to be in Mindanao.
Peace panels should be seen as really concerned with the plight of those affected by the conflict. 
People are confused on the diverging views and actions of offices of the government in dealing with conflict and rebellion. Peace panels take an approach, military has another track, and only to be junked by the higher authority.  
On the same note, people get confused on the position of the different Moro groups and their supporters. People are not clear on the positions of the MNLF (Moro National Liberation Front), MILF, and other groups and personalities. 
People are searching for sincerity as expressed in consistency and coherence of actions from all parties.

The government-MILF peace talks used to be based in Mindanao but then President Joseph Estrada waged an “all-out war” in March 2000, leading eventually to the collapse of the talks. When the talks resumed the following year under the Aquino administration, the panels sought a third party facilitator, Malaysia, and talks had been done there since 2001. 

Internal problem

On the confusion over the different Moro groups MNLF and MILF, Jaafar said, “There is an internal problem between and among us leaders of the Bangsamoro – Moro National Liberation front and Moro Islamic Liberation Front, including Bangsamoro leaders working with the government.”

Now, with respect to the MNLF-MILF, we are addressing this. We have been conducting continuous dialogue since 2000.” 

“Very minimal ang trouble between and against sa ground; noon konting bagay lang problema sa ground (“the trouble between and against us on the ground is very minimal. Before a tiny spark could cause a problem on the ground.”

On the issue of sincerity, Jaafar said, sincerity is a “very important ingredient of the acceptability of the agreement… hindi katulad nung nangyari sa MOA-AD na atras-abante ang gobyerno (unlike what happened to the MOA-AD where government was moving backward-forward).

Alejo explained how his team designed the study. Jaafar asked if the team had asked retired General Fortunato Abat. “Maganda yung mga idea niya sa peace” (He has good ideas on peace), said Jaafar.

Abat was chief of the government peace panel when Jaafar was chief of the MILF peace panel, in the 1990s. 

Consultations

Jaafar related that both peace panels had earlier agreed to conduct consultations with their constituents and that the MILF did its part.

“We realized we had shortcomings. We relied too much on government to reach out to the non-Moro. We had to rectify our shortcomings and commissioned several groups to reach out to brothers and sisters among the Tedurays, Manobo, Arumanen, B’laaan. We’re reaching now as far as Agusan and Davao del Sur,” he said. 

He said they now have a Department of Mindanao Migrants to focus on the non-Moro issues. 

Jaafar also acknowledged the existing term of office of people in government in the Moro areas, and cited the need for a transition period.
In the Autonomous Region in Muslim Mindano (ARMM) which is supposed to be the core of the future Bangsamoro Juridical Entity (BJE), elective officials have a three-year term of office. Incumbents elected last year have until September 30, 2011. 

Loose firearms

Jaafar spoke about rampant kidnapping and other criminal activities and blamed this on the “more than one million loose firearms in the entire country.”

More than one million loose firearms in the entire country. He said a million may be “very modest” a number given that there are some areas in Maguindanao where you will not find a family without an armalite.

But he also cited the firearms of non-Moro politicians in neighboring areas. 

Jaafar also said the MILF is “not opposed to development on condition that development must not be the cause of conflict or displacement of native inhabitants.”

Jaafar reiterated that an “early resolution of the conflict in Mindanao is for the betterment of Mindanao and the entire country.”
He found the findings “good,” such as the finding that people do not understand much the conflict. “Let us double the information campaign.”

He said the findings will serve as “guide sa peace process.”

“Kund hindi tanggapin ng GRP, kami sa side ng MILF (tatanggapin)” [If GRP does not accept, on the side of the MILF we will (accept)] (Carolyn O. Arguillas/MindaNews)

Wednesday, November 18, 2009

A Letter to Mr. Montesa

By Patricio P. Diaz


GENERAL SANTOS CITY (MindaNews/18 November) -- This letter is addressed to Peace Process Assistant Secretary Camilo “Bong” Montesa. However, since it is of general concern, it is open to all the readers of MindaNews to read and comment.


Dear Mr. Montesa,

From your speech at the conference of the Mindanao Working Group last November 12, it feels upbeat to know that “exciting things are happening inside the GRP-MILF peace process” in “the past four months” – as published in MindaNews last November 15.

No one can disagree with your analogical comparison in general of the peace process to the computer as an “operating system”. However, your discussions of specific “bugs” and their remedies elicit some questions.

May I proceed according to the sequence in your speech?

The MOA-AD “crash”:

You stated: “The MOA-AD (TRO) triggered attacks by a few MILF commanders on unarmed civilian communities and the subsequent military offensives to pursue and arrest these commanders brought war, once again, to Mindanao.”

Correct. But an unstated fact is crucial: There were provocations. The commanders were provoked by the TRO. Cotabato Vice Gov. Emmanuel Piñol, even before he filed

a petition for a TRO with the Supreme Court on July 23, 2008, had threatened “war” and the resurrection of the “Ilaga” because of the MOA-AD. The dual threats were not only against the MILF but the Muslims and were provocative.

Ignoring the provocations is only to half-state the “crash”. How can you fully solve the problem? Letting loose hell on the provoked but not minding the provokers is only to half-solve the problem, if not to worsen it.

*** *** ***

You identified three problems or “bugs” that caused the “crash”: “first, the lack of support and control; second, spoilers; and third, the need to protect civilians.” Let’s examine the “bugs” one by one.

Of the First:

You said: “While the panels were about to sign a significant agreement, they failed to rally their respective constituencies around it (MOA-AD)” – blaming the GRP and MILF peace panels for the “lack of support and control”, for the “fragile and weak … support for the peace process.”

Do you really mean that? Is the peace process not a team-play with the panels tasked to negotiate and the “support and control” provided by others -- in the case of the GRP, starting from the President? Does EO 3 not specifically assign to the PAPP the task to undertake the public “consultation process” to generate support for the agreement?

So far as it was reported in the media, the MILF did some consultations. Obviously, the government did not?

*** *** ***

In matters of “support and control”, should the President not take direct hand when it becomes necessary? President Fidel V. Ramos did that in the GRP-MNLF Jakarta peace talks. Why did President Arroyo not do the same?

President Ramos reined in the military when it wanted to launch an all-out operation after the raid of Ipil – the burning, looting and massacre – on April 4, 1995. Ramos, as the commander-in-chief, stopped what could have derailed the GRP-MNLF peace talk.

In contrast, what did President Arroyo do? She did not stop the military from launching the February 11, 2003 Pikit war and the post-MOA-AD war in August 2008. Could she have? Should she have to support the peace process? But she supported the two wars instead.

In June, July and August of 1996, the GRP-MILF agreement hit the same stone wall as the MOA-AD did – opposition from national and local Christian political leaders with violence and a case in the Supreme Court in prospect. President Ramos took a direct hand. He asked the Senate to conduct a nationwide consultation; he commissioned his executive secretary to talk to Moro National Liberation Front (MNLF) Chairman Nur Misuari.

Could President Arroyo not have saved the MOA-AD had she done what President Ramos did to save the 1996 GRP-MNLF Final Peace Agreement? The Presidency has persuasive power that Congress, the Court and the local governments could not ignore.

She could have preempted the Supreme Court TRO; and, consequently avoided the international embarrassment in Kuala Lumpur on August 5, 2008, prevented the post-MOA-AD war and kept on course the peace process.

Note Very Well: Piñol filed his TRO case on July 23, five days before President Arroyo, in her State of the Nation Address on July 28, hailed the just initialed agreement as the “breakthrough” that would lead to a final agreement by the end of her term. Did she, in her euphoria, not know that a case had been filed to abort the MOA-AD? Or, was the case filed so secretly?

It was unbelievable that she did not know. Five days was so much time to persuade Piñol to withdraw his petition. If emissaries could not have prevailed on Piñol, she could have called him for a téte-á-téte in Malacañang.

At the Supreme Court, she abandoned the MOA-AD instead of defending it. She issued a new peace policy and disbanded the GRP peace panel to appease the opponents of the MOA-AD. The original policy and the GRP panel members became the scapegoats. That brought to mind a popular joke: “If you can’t solve a problem, revise it.”

It is inaccurate to attribute the “lack of support and control” to the failure of the peace panels “to rally their respective constituencies around it (MOA-AD”. In the first place, the panels had no constituencies. It is wrong to blame them for not doing what others – the President among them – ought to have done.

*** *** ***

Are you advocating that a peace agreement must be signed within the last seven and a half months of the Arroyo administration because with the change of the administration on June 30, 2010, there is no assurance (1) the support and control under the Arroyo administration will be continued; and, (2) the previous agreements will be honored?

What assurance really is there under President Arroyo? At that critical month of August 2008 and the following months the MOA-AD was denied “support and control” and was not “honored” as it so deserved – being the breakthrough in the long peace process as the President herself ecstatically proclaimed in her SONA 2008.

Of the Second:

You identified the “spoilers” and said: “The MOA-AD episode revealed how a few but determined and well-resourced ‘spoilers’ can derail and scuttle a process meant to benefit the many.”

Do you really mean that – the “spoilers” more determined than President Arroyo and better resourced than the Presidency? What a testimony to a weak Presidency! Could this be a significant reason for the peace process fiasco in her 9-year rule?

Of the Third:

What you said about the IDPs and the civilians is very true but that “there must be a mechanism to protect them” – meaning, there was no such mechanism – is fallacious.

What about the AFP as mandated in Article II, Section 3 of the 1987 Constitution: “… The Armed Forces of the Philippines is the protector of the people ….” The irony was: The IDPs were punished by the military as assets of the MILF. They were not “people”.

What about the “Implementing Guidelines on the Security Aspect of the GRP-MILF Agreement of Peace of 2001” reiterating the “GRP-MILF Agreement for General Cessation of Hostilities of 1997” and other agreements and enhancing them? This “Agreement” has implementing rules and mechanisms.

If the civilians were not protected under this “Agreement”, it was for the lack of sincerity to abide and the will to implement – not for the lack of mechanisms. Will GRP and the MILF have the sincerity and the will to honor other mechanisms?

All the “hostile prohibited acts” against the IDPs are enumerated in the “Agreement” – for instance, “burning of houses, places of worship and educational institutions, destruction of properties, and abuses of civilians” in Article II(3.1.2).

Remedies for hostile such acts are also mandated. For instance, in Article III(2): “The Parties agree to implement all necessary measures to normalize the situation in the conflict-affected areas, to pave the way for, and ensure successful rehabilitation and development of said areas.”

The atrocities suffered by the IDPs could have been avoided had Article III(11) been followed: “In cases of alleged violations of this agreement, the Parties shall refrain from taking offensives or punitive military actions of any type against each other without prior investigations by the CCCH of both Parties in coordination with the OIC Monitoring Team (IMT).”

There are more provisions in the “Agreement” to show that a must-mechanism has long been in place. However, the “Agreement” may be complemented or supplemented by other mechanisms.

Upgrading the System:

Upgrading the peace process may now be necessary after the MOA-AD was allowed to “crash”, the peace policy was revised and a new negotiating panel was constituted. May the solutions to the three “bugs” work!

The same hope goes with the (1) One Bangsamoro Challenge; (2) One Government Response; and (3) Task force HELP: Central Mindanao. The first two are the ideal – what should be. They are still in the “we want” stage. How doable are they?

The third was specifically created for the IDPs in Maguindanao, parts of Lanao del Sur, Sultan Kudarat and South Cotabato (Inquirer.net, July 13, 2009, citing Montesa). And, Philippine News Agency reported on July16, 2009 the President’s order to release P10 million for HELP’s projects and operating expenses. That was four months ago. From reports about Maguindanao IDPs, it is obvious they have not received HELP’s help.

What happened to the P10 million? You said, “The Mindanao Working Group should work closely with this Task Force. In what ways?

Your reasons to get excited are our reasons to raise questions Thank you. [“Comment" is Mr. Patricio P. Diaz' column for MindaViews, the opinion section of MindaNews. Mr. Diaz is the recipient of a “Lifetime Achievement Award” from the Titus Brandsma for his "commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate." You may e-mail your comments to patpdiaz@mindanews.com]

Tuesday, November 17, 2009

Asia Foundation, Centre for Humanitarian Dialogue accept ICG membership

DAVAO CITY (MindaNews/17 November) – The Asia Foundation (TAF) and the Geneva-based Centre for Humanitarian Dialogue (CHD) accepted in Kuala Lumpur Monday the invitation of the government and the Moro Islamic Liberation Front (MILF) to be among the international non-governmental organizations that would be part of the International Contact Group (ICG). According to the September 15, 2009 framework agreement, the ICG ”will consist of interested countries accompanying the peace process preferably drawn from the Organization of the Islamic Conference (OIC) and the European Union (EU) as well as accredited INGO to be invited by the Parties in consultation with the Third Party Facilitator.”

“Mindful of the interests of the stakeholders to benefit from and expect significant peace dividends from the ICG mission, the Parties will designate INGO that will be accredited along with their named local NGO partners,” the Agreement states.

Seguis told MindaNews the meeting Monday in Kuala Lumpur was “with the prospective members of the ICG.”

“We discussed the draft terms of reference for the ICG such as our expectations and their respective roles. They did not want the invitations extended to them to be made public until they hand in their acceptance of our invitation through diplomatic channel.”

According to Seguis, the ambassadors of the invited countries who attended the KL meeting, told them “they have to refer our joint formal invitations to their respective home offices. The non-state actors or the NGOs accepted the invitation on the spot.”

Seguis had earlier identified TAF as an ICG INGO member when he briefed US Secretary of State Hilary Clinton on November 12.

MindaNews sources cited CHD as among those invited. Seguis confirmed CHD had accepted the invitation.

The CHD “is an independent organization, based in Geneva, Switzerland, dedicated to helping improve the global response to armed conflict.”

According to its website, the CHD “attempts to achieve this by mediating between warring parties and providing support to the broader mediation community.”

“The HD Centre is driven by humanitarian values and its ultimate goal to reduce the consequences of violent conflict, improve security, and ultimately contribute to the peaceful resolution of conflict,” it said.

Seguis did not name the ambassadors of the countries and representatives of the INGOs who met with them in Kuala Lumpur but www.luwaran.com, the MILF’s website, identified them as United Kingdom ambassador to the Philippines Stephen Lillie, Japanese ambassador to the Philippines Makoto Katsura, CHD country representative, Dr. David Gorman and the TAF country representative, Dr. Steven Rood, TAF country representative.

Luwaran also reported that the two panels will be sending formal written invitations to the governments of Turkey and the Kingdom of Saudi Arabia,

Malaysian facilitator, Datuk Othman Bin Abdul Razak, convened the initial meeting of the Philippine government and MILF peace panels and prospective members of the ICG at the Golden Horse Hotel, luwaran reported.

The meeting, according to the luwaran report, started at around 8 p.m. and ended nearly 11 p.m. (Carolyn O. Arguillas/MindaNews)

Notation on radio blocktimer’s police blotter vs Pinol: “off air pls”

KIDAPAWAN CITY (MindaNews/17 November) -- Radio blocktimer Alberto Encarnacion, whom Vice Governor Emmanuel Pinol allegedly warned on October 29 to stop discussing the alleged landgrabbing case filed against the latter, reported the incident to the police station that same afternoon but had his entry noted “off air pls.” The police blotter at the Central Police Station was entry number 13 that day, was recorded at 2:27 p.m. (see photograph).

The blotter reads, verbatim: “Alberto Eboy Encarnacion, 55 years old, married, barangay captain of Meohao, Kidapawan City and a resident of Brgy. Meohao, Kidapawan City personally appeared to this station and requested to put into record that Vice Governor Emmanuel entered to the Radio Natin FM station and give warning to this reportee to stop the issue/stop the broadcast regarding the land that he buy at Sinoda, Kitaotao, Bukidnon. Said land was covered by Certificate of Ancestral Domain Title (CADT). Incident happened at 1:03 o’clock in the afternoon of October 29, 2009 after the program together with his co-anchor Jimmy Tuan steel inside the both of Radio Natin FM station. For record purposes.”

Encarnacion and Tuan affixed their signatures below the entry.

“Bully”

Encarnacion, a Manobo, hosts a weekly radio program over Radio Natin that caters to indigenous peoples. The program runs from 12 noon to 1 p.m. every Thursday.

On November 9, the National Union of Journalists of the Philippines (NUJP) national chapter issued a statement condemning North Cotabato Vice Governor Emmanuel Pinol’s “shameless abuse of authority” for allegedly threatening a radio blocktimer who criticized Pinol’s alleged “landgrabbing” from indigenous peoples in Arakan, North Cotabato and Bukidnon.

Piñol “has unmasked himself as a bully who has no qualms about abusing his powers to harass and threaten those he does not agree with,” the NUJP statement issued by National Council Vice President Nonoy Espina on November 9, said. The statement was e-mailed to MindaNews by the NUJP’s local chapter in Kidapawan on November 11.

The NUJP statement said it received reports that Piñol, “backed by his security escorts, barged into the Radyo Natin station in Kidapawan City to stop the broadcast of block time announcer Alberto Encarnacion, who had been criticizing the vice governor for allegedly grabbing land from indigenous people in Barangay Sinoda, Kitaotao, Bukidnon and Arakan, North Cotabato. The criticism apparently stemmed from a land-grabbing case filed against Piñol by the indigenous people.”

“Granting, without conceding, that Encarnacion went overboard in his criticism of Piñol, the vice governor had absolutely no right to force his way into the station, his thugs in tow, to threaten the announcer. We are sure Piñol, as a former broadcaster, also knows that there are other, legal, means to seek redress,” the NUJP statement said.

“Apparently, Piñol has allowed the power he has wielded for quite some time to transform him into that stereotype of provincial Philippine politics – the tin pot tyrant, the warlord, who thinks that his every word is law and woe unto anyone who dares disagree,” the statement read.

‘Baseless’

But Pinol, who has several weekly radio programs in North Cotabato and Cotabato City, said the NUJP statement was baseless.

He told MindaNews in a text message late afternoon of November 11 that he called up NUJP president Nestor Burgos “asking him to allow me to confront Nonoy Espina who issued the statement.”

Pinol claimed the NUJP statement “was based on unverified reports. For info, I went to the (Radyo Natin) station to air my side in an unfair commentary made by a blocktimer, obviously a paid broadcaster, (barangay) chairman Alberto Encarnacion …. There were only three of us and we were not carrying firearms. We sat and talked. I was angry but I did not threaten him. I am questioning NUJP’s statement because it was sweeping, careless and based on hearsay. There is a concerted effort to demolish me thru publicity. I hope you don’t become an unwitting tool. I am willing to meet the NUJP officers anytime. I am still waiting for their response.”

In a four-page statement, Pinol said ”the savage and vicious verbal attacks made against me by the NUJP, an organization supposedly committed to protecting journalists and safeguarding press freedom, has greatly tarnished the respectability of the Union.”

Espina told MindaNews on Nov. 11 that the statement was collegial.“I don’t know Pinol and have no reason to demolish him. NUJP statements are collegial and this one was based on info from the chapter who we have no reason to doubt.”

Mum

MindaNews again sent a text message to Encarnacion on November 17 but he has kept mum. MindaNews has been trying to get in touch with him for days now to find out exactly what happened on October 29 when Pinol reportedly harassed him but Encarnacion didn’t reply to MindaNews’ message on November 7. Asked again on November 8, Encarnacion replied, through text message, “may assembly miting kami.” Asked what time was the best time to call him, he didn’t’ reply.

Subsequent messages and calls to Encarnacion on Nov. 9, 10 and 11 yielded no response. His phone just kept ringing.

Encarnacion, however, was interviewed on November 3 by DXCA Charm Radio in Kidapawan where he narrated how an angry Pinol warned him to stop his allegedly unfair report.

Encarnacion told DXCA that Pinol knocked on his booth three minutes before he was ending his program but that he ended his program first before facing Pinol.

He said Pinol told him, “I’m warning you. Untati nyo na ni na issue kay hindi tuod” (Stop this because it’s not true).

Encarnacion was commenting on a report that Lumads in Sinoda, Kitaotao, Bukidnon, had filed a case against Pinol.

Lumads vs Pinol

The Federation of Matigsalug and Manobo Tribal Councils (Femmatrics) last month sued Pińol for alleged “unlawful intrusion and encroachment” into their ancestral domain and “willful disregard and open violation of their right to ‘Free Prior Informed Consent.’

Datu Roelito A. Gawilan, tribal chieftain and Femmatrics chair, filed his affidavit-complaint to Bukidnon provincial prosecutor Mirabeaus Undalok on October 6, charging Pinol for alleged violation of the penal provisions of the Indigenous Peoples’ Rights Act (IPRA) of 1997, particularly Sections 72 and 73 thereof, of Trespassing under the Revised Penal Code, of Anti-Graft and Corrupt Practices Act (R.A. 3019) and of the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713).

President Gloria Macapagal-Arroyo awarded the tribe’s 70,000 members with a Certificate of Ancestral Domain Title (CADT) on October 31, 2003 in Davao City over a total land area of 102,324.8186 hectares. The area straddles Bukidnon, Davao City, and Arakan Valley in North Cotabato.

Parts of the Femmatrics’ ancestral domain, are being occupied by non-Lumads, mostly the wealthy from Bukidnon, Davao City and neighboring North Cotabato, for vacation houses and plantations. The area boasts of a Baguio-like climate.

In his affidavit, Gawilan said that sometime in February 2007, he received a report from the tribal leaders of Kulaman Valley in Arakan and Barangay Sagundanon in Kitaotao, Bukidnon that an Emmanuel Piñol acquired 300 hectares of land in Barangay Binoongan, Arakan, Cotabato – a portion of their ancestral domain.

He said he immediately called for an investigation.

The investigation, Gawilan said, yielded the following information: that Piñol, then governor, bought 300 hectares from Pablito B. Berdin, Selverio O. Mangga and Ruben Endao for P3 million paid in several installments.

“Ridiculous”

Pinol found the allegations “ridiculous.”

“How can I even be charged of trespassing or grabbing a piece of land that I have not taken possession of, or at the very least, seen with my own eyes? I don’t even know the exact location of the land,” he told MindaNews in a text message.

“Indeed, there was an offer by tribal leaders led by Datu Ruben Endao to lease the property to me to be planted to rubber but the deal has not progressed because I required them to present a certificate of prior consent from tribal leaders in the area,” he said.

But Pinol added, “Let them file it (complaint) so that the issues can be threshed out.”

He later said, “please inform Gawilan that he better be sure his charges will hold water otherwise I will file libel and malicious prosecution cases against him and his cohorts.” (Carolyn O. Arguillas/MindaNews)

Vice Gov Pinol hits NUJP for ‘vicious verbal attacks’

BUENAVISTA, Agusan del Norte (MindaNews/16 November) -- For North Cotabato Vice Gov. Emmanuel Pinol, it was time to teach the National Union of Journalists of the Philippines (NUJP) some lessons in journalism ethics. Reacting to a NUJP statement calling him a ‘bully’ and a ‘tin pot dictator’ for allegedly threatening a radio blocktimer in Kidapawan City three weeks ago, Pinol said the media organization used cruel language in making the accusation. "The savage and vicious verbal attacks made against me by the NUJP, an organization supposedly committed to protecting journalists and safeguarding press freedom, has greatly tarnished the respectability of the Union,” the vice governor today said in a statement.

He said that by using ‘cruel language’ Nonoy Espina, NUJP vice chairman, became what he accused the official to be – “a big bully and a thug drunken with power tearing people's reputation to shreds without the benefit of careful validation of facts.”

Pinol was referring to an incident involving Alberto "Boy" Encarnacion, barangay chairman of Meohao, Kidapawan City who he said had attacked him in two previous political exercises by buying airtime from local radio stations.

He said that three weeks ago Encarnacion again attacked him over Radyo Natin 107.1 in Kidapawan City using a case of intrusion and trespassing filed against him (Pinol) by a Bukidnon provincial board member.

He said the program, reportedly aired for the first time, convicted him “even before the prosecutor could determine the merits of the case” and told listeners not to vote for people like him.

Pinol said he went to the radio station with three other persons – his driver, a police security and a former employee who owns an internet café in Kidapawan. He said they had no guns when they entered the radio station.

He said that upon knowing it was Encarnacion who made the broadcast, he blurted out, “Ikaw na pud?” (You again?)

The vice governor said he refused Encarnacion’s offer of handshake and that he explained the case in the presence of the radio technician who stood nearby.

He added he asked Encarnacion why he allowed himself to be used by his political opponents when he is a barangay chairman.

"You should have come to me to explain your side before this broadcast," Pinol quoted the broadcaster as saying.

"How can I do that? I did not even know that you are back to your old business again?" he supposedly quipped backed.

"’Do this again and I will file libel charges against you. Bantay ka lang,’ was what I remembered telling him before I left,” the vice governor said.

Pinol said he merely went to the station to give his side of the story and that he and his escorts were unarmed contrary to NUJP’s statement which said he came “with thugs in tow”.

“I did not touch Encarnacion physically, not even a handshake,” he added.

He accused NUJP of “relying solely on the report of its field officer, Malu Manar, whose husband is employed by the city mayor of Kidapawan, who belongs to the other political group.” |

Manar, a reporter of DXND who also writes for MindaNews, said her husband, a member of the Civil Security Unit, has no influence at all in the affairs of the city and that her husband is paid not by the mayor but by taxpayers’ money.She said she personally interviewed Encarnacion who admitted he was warned by Pinol; sent a reporter to check on the blotter which in the police logbook had a notation, “off air pls” allegedly on the request of Encarnacion. Manar said she also sent a reporter to get Pinol’s side.

Manar said she discussed the issue in her radio program only after Piñol was able to give his side.

Pinol said the NUJP statement “ is now being used by my political opponents. Although it poses minimal damage to my political standing, it is hurting simply because I was a practicing journalist before I became a politician and may go back to the profession after the end of my political term. I believe I have more right to claim to be a journalist than the paid hacks like Encarnacion.”

”I may be hurting and angry but I can assure the NUJP officers that I can still maintain my level-headedness and discuss this incident profoundly in relation to defending press freedom and protecting working journalists,” he said.

Pinol posed the following points, quoted here verbatim, for NUJP to “seriously consider”:

1. You consider my decision to go to the station to confront the paid broadcaster as "harassment." Don't we, who are victims of unfair and vicious media attacks, have the right to defend our honor and integrity by demanding equal time and space for our response? When people like me file libel charges, you cry harassment. What do you think is the best option for us?

“2. Many of the so-called broadcasters and journalists in the rural areas who were attacked or killed were either involved in AC/DC (attack and collect/defend and collect) operations against local politicians or personalities or had personal motives in making the attacks. This has to be studied in the context of Filipino culture where pride and honor or "dangal" are considered enough reasons to kill and die for. This is especially true among Filipino Muslims where "maratabat" is the cause of many clan feuds and killings. Must not NUJP initiate efforts to address this problem by conducting a study of Press Freedom in the Philippines in relation to Filipino and Filipino Muslim culture?

“3. The NUJP statement in my case is a perfect example of how the cardinal rule of journalism on validation of stories was violated. You relied mainly on the report of a polluted source in coming up with a conclusion that I am a "bully" and a "tin pot dictator." Given the weight of NUJP's influence on the media, is it not proper that a lot of prudence and verification be made before issuing statements?

“4. The NUJP statement with regard to my case was sweeping and vicious and it used abusive language in describing people like me. Given the stature of the NUJP, would it not be more appropriate to issue a calmer and level-headed statement? Believe me, and Mr. Espina should listen to this, measured and carefully written statements are more powerful than foul and abusive language.” (MindaNews)

College grads from conflict areas can do internship with major firms in Manila

KIDAPAWAN CITY (MindaNews/14 Nov) -- College graduates from conflict areas in Mindanao can apply for a job internship program with major corporations in Metro Manila, according to the Growth with Equity in Mindanao (GEM), a program funded by the US Agency for International Development (USAID). Interns will be provided orientation and training, round-trip travel arrangements between their home base in Mindanao and their internship location in Metro Manila, a monthly living allowance, and medical insurance for the duration of the internship.

The internship, according to a statement issued by GEM, is under one of their projects, the Productive Internships in Dynamic Enterprises (PRIDE).

Under PRIDE, qualified graduates from traditionally-underserved communities in Mindanao, including the Autonomous Region in Muslim Mindanao, can apply for internships in major corporations that have established PRIDE partnerships with the GEM Program.

The graduates can avail of technical or management internships from these corporations, including KFC Philippines, InterPhil Laboratories, and Globe Telecommunications.

“The internships provide graduates with an opportunity to build up their résumés and increase their knowledge and skills relative to the expectations and human resource needs of the corporate world. PRIDE is also aimed at increasing awareness, on the part of participating companies, of the skilled pool of potential employees available in Mindanao,” said the GEM.

The applicants, the GEM said, must be graduates of any of the following disciplines: hotel and restaurant management, civil engineering, mechanical engineering, industrial engineering, electrical engineering, electronics and communications engineering, information technology, computer science, architecture, pharmacy, or accounting. (Malu Cadelina-Manar/MindaNews)

Evacuees complain of “returned” stamp on access cards

DATU PIANG (MindaNews/ 15 November) – Their access cards indicate they have “returned” to their villages and, therefore, can no longer avail of ration from the World Food Programme (WFP), other humanitarian agencies and politicians like Senator Loren Legarda.

Nearly a month after their access cards were stamped “returned” by the Department of Social Welfare and Development, the evacuees are still in the evacuation sites, waiting for the promised assistance that would allow them to return home.

And because their cards had been stamped “returned” and their names stricken off the masterlist, no assistance is forthcoming.
Fr. Eduardo Vasquez, OMI, parish priest of this predominantly Moro town, said that apart from the confusion over these alleged “returned” evacuees or internally displaced persons (IDPs), the IDPs themselves cite five reasons why they have not returned home nearly four months after the government and the Moro Islamic Liberation Front (MILF) suspended military operations.

First, there are no more homes to return to, as they have been burned or destroyed by the elements. Most of the IDPs have spent over a year in the evacuation centers.

Second, there is no assurance that is safe for them to return home.

Third, there are no food provisions to start them off in their places of origin, since they still have to resume farming or fishing.

Fourth, UXOs or unexploded ordnance. Farmers are afraid to till their lands for fear of unexploded bombs.

Fifth, livelihood assistance since most, if not all their carabaos, farm animals and other means of livelihood such as fishnets, have all been sold or destroyed.

Vasquez said that before he left for Manila on November 3, community leaders in the evacuation centers met with him to say their last food supply was still on September 10. He said he verified from WFP and was told there was no supply for the month of October but that supply would be distributed on November 12.

Danny Usman, a leader of 33 families from Barangay Duaminanga, told the assembly of IDPs at the grounds of the Sta. Teresita of the Child Jesus parish that all their access cards were stamped “Returned” on October 19 but they have not returned to Duaminanga because they were waiting for the promised “pabaon” (provision) of three sacks of rice and an unspecified amount of money.

But no such provisions came, Usman said.

Food supply was distributed on November 12 at 25 kilos of rice and oil for those included in the masterlist. But those whose access cards had been stamped “returned” received only rice, he said.

Ed Diestro, municipal information officer 3, said there are still 3,330 families in 27 evacuation centers in Datu Piang, as of the October 15 validation of WFP, ‘s while 487 are house-based.

Diestro explained that cards stamped with “returned” imply they are no longer in the masterlist and therefore, cannot avail of assistance. He also cited problems such as “fake” evacuees.

A total of 1,019 families have been reported “returned” as of October 15, but Usman said they are actually still in the evacuation centers.

Only 3,000 family packs were to be distributed from Senator Legarda’s assistance last Saturday, triggering complaints from those whose cards had been marked “returned.” The Legarda pack consisted of 2.5 kilos of riece, 1 corned beef, 2 sardines, one kilo brown sugar, 50 grams coffee.

Musib Uy Tan, executive assistant to the mayor, said he had just returned from a three-month absence and would work on the complaints immediately to ensure everyone gets his/her share.

Diestro said the town has been classified as Risk Level 1, or “wala nang problema, wala nang putok.”

Tan said six of 16 barangays have been declared “safe” – Buayan, Magaslong, Balanaken, Dado, Montay and Balong.

A team of reporters proceeded to these villages and saw so many still abandoned houses along the road to Balanaken, Liong and Alonganen, some 4.6 kilometers away from the Datu Gumbay Elementary school and the army’s firebase.

IDPs who choose to settle in the newly-established settlement areas in the municipality, can do so and would be provided food assistance on a food-for-work basis, Tan said.

The United Nations Guiding Principles on Internal Displacement (UNGPID) provides guideposts on dealing with IDPs returning home.

Principle 3 states that national authorities “have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction” and IDPs have the right to “request and to receive protection and humanitarian assistance from these authorities. They shall not be persecuted or punished for making such a request.”

Principle 15 states that IDPs have the right, among others, “to be protected against forcible return to or resettlement in any place where their life, safety, liberty and/or health would be at risk.”

Principle 25 states that the primary duty and responsibility for providing humanitarian assistance to internally displaced persons lies with national authorities.

Under Principle 28, “competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country. Such authorities shall endeavour to facilitate the reintegration of returned or resettled internally displaced persons.”

“Special efforts should be made to ensure the full participation of internally displaced persons in the planning and management of their return or resettlement and reintegration,” it added.

Principle 29 also states that “competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall provide or assist these persons in obtaining appropriate compensation or another form of just reparation.” (Carolyn O. Arguillas/MindaNews)

Montesa: One government response to One Bangsamoro challenge

DAVAO CITY (MindaNews/14 November) – Peace Process Assistant Secretary Camilo “Bong” Montesa says the Phlilippine government and the Moro Islamic Liberation Front (MILF) “survived the crash” in the peace process last year and the Philippine government is “slowly moving towards the direction of a closer, integrated response to this single, yet multi-faceted, One Bangsamoro Challenge.” Montesa, head of the Peacekeeping and Peacemaking Group at the Office of the Presidential Adviser on the Peace Process (OPAPP), senior advisor and spokesperson for the GRP-MILF peace process and also government chair in the Tripartite Implementation Review of the 1996 GRP-MNLF Final Peace Agreement, told the Mindanao Working Group in a meeting in Davao City last Thursda that “we cannot continue to deal with MILF peace process, the MNLF (Moro National Liberarion Front) peace process, the challenge to make ARMM (Autonomous Region in Muslim Mindanao) work, and the threats posed by extremist groups like the JI (Jemaah Islamiyah) and Abu Sayyaf as if they are separate and unrelated.”

“While different people sit at different tables and dealing with different parties, we want to bring these tables closer and closer to each other and in one room. The underlying theme of all these issues are one and the same: the challenge of distinct and minoritized people seeking recognition of identity and a space to live out this distinctiveness,” he said.

“While we engage these groups differently, we want to engage them in view of all our other efforts across the other tables. In the end, we are talking about the same people, the same aspirations, the same problems and probably the same solutions,” Montesa added.

“Concretely,” he said, “we want One Government Response to to this One Bangsamoro Challenge.”

Same page

Montesa said they want the actions of government negotiators with the MILF “to be informed by what’s happening with the MNLF review of implementation, informed by the planning done by MEDCo, (Mindanao Economic Development Authority), informed by the inputs of our security forces and informed by the active participation of civil society and peoples organizations.”

“In the same way, we want our efforts at reviewing the implementation of the 1996 Final Peace Agreement to be in sync with our negotiations with the MILF and consistent with our Mindanao 2020 Agenda,” he said.

Montesa explained that when government’s security and police forces plan and operate their tactical operations, “we want it to be informed by the over-all strategic objective of the ‘primacy of the peace process,’ with the participation of the autonomous regional government and conscious of the development initiatives we are doing in the area.”

He expressed hope that the the MWG initiatives in Mindanao “be actually aligned and support our peace, security and development agenda. It should do no harm.

Montesa said development in the peace process in the past four weeks has “energized” him.

“I see a lot of reasons to be optimistic and excited.”

Crash

Montesa likened the peace process to a computer operating system like Apple’s Leopard or Microsoft Windows.

“Just as an operating system is a platform to attain outcomes, the peace process is a platform to attain a specific outcome - in this case, a negotiated political settlement with the MILF - a building block in the crucial work of attaining that long elusive peace in Mindanao.”

“Operating systems crash. They are not perfect. Bugs or problems are found that create glitches and hang the system. When a system hangs, all other applications hang and there is a need to reboot or restart it. However, merely rebooting the system will not suffice. Without a permanent solution to the bugs, the system will, again and again, continue to crash and with it all other applications. The same is true with peace processes. They crash. And when they do, all the relevant applications, whether it be - third party facilitation, ceasefire monitoring, rehabilitation and development projects, and humanitarian interventions - crash with it,” he said.

He cited the number of times the peace process crashed – in 2000 when then President Estrada launched an all-out war against the MILF; in February 2003 when the Arroyo administration waged war purportedly against a kidnap-for-ransom gang but later admitted it was against the MILF.

“Every time the peace process crashes, the human, economic, and political costs are tremendous.

Lives are lost, properties destroyed and civilians are forced to evacuate from their communities.
With each crash, people’s confidence in a peaceful settlement is progressively diminished.
Nobody wants any system to crash - whether of the computer kind or peace processes. But if there is one thing that technology teaches us, it is this: to solve the problem, one must identify the ‘bugs’ that caused crash and to find a way of correcting it, usually via an ‘upgrade,’” Montesa said.

“For Erap’s ‘all-out war,’ the problem was the violation by both parties of the ceasefire agreement and their lack of mutual trust and confidence. The solution then was to bring in a third-party - The Government of Malaysia - to mediate and facilitate the negotiations between two distrustful parties,” he said.

“For the crash of the Buliok offensives, the problem was the suspicion that the MILF was coddling kidnap-for-ransom groups, like the Pentagon Gang. The solution consisted of two upgrades in the process: first, bring in the International Monitoring Team or the IMT to monitor the ceasefire agreement and second, to create the Ad Hoc Joint Action Group or the AHJAG which is a platform where the Government and MILF security forces can jointly pursue lawless and terror elements,” he said.

Problems

For the crash brought about by the Supreme Court’s issuance of a temporary restraining order on the Memorandum of Agreement on Ancestral Domain (MOA-AD), Montesa cited three problems: “first, the lack of support and control, second, spoilers and third, the need to protect civilians.”

On the first, he said “the MOA-AD episode showed how fragile and weak the support was to the peace process. While the panels were about to sign a significant agreement, they failed to rally their respective constituencies around it.”

“For the Philippine Government, it highlighted the need to bring into the process and get the active support of the Supreme Court, Congress, local government officials, indigenous peoples groups and civil society organizations,” he said.

“For the MILF, it highlighted the need to bring into the negotiations their local commanders and the bigger Bangsamoro constituency - traditional leaders, politicians, civil society organizations, not just the armed groups,” Montesa added.

The electoral process in 2010 was also cited on the matter of continuity. “How sure are the parties that the peace process will survive the change in administration and that the previous agreements will be honored?”

On the “spoilers” which he described as “people and institutions who feel that they have a stake in the process and yet were excluded from having a meaningful and substantial participation in crafting the agreement. It also includes people and institutions whose interests, whether political, economic or regional, are threatened by the changes that will be brought by the peace agreement.”

“The MOA-AD episode revealed how a few but determined and well-resourced ‘spoilers’ can derail and scuttle a process meant to benefit the many.

“Biggest Casualty”

On the need to protect civilians, Montesa said the “biggest casualty of the MOA-AD episode are the thousands of IDPs still living in sub-human conditions this very minute in (Southwestern) Mindanao.”

“The plight of the IDPs remain to be the most vivid proof of the truism that civilians bear the heaviest cost of war and that whether it be all-out peace or all-out war, there must be a mechanism to protect them,” he said.

To “upgrade” the system, he said: “First, generate support by building a coalition of friends and by consolidating internally. Second, craft a strategy to deal with spoilers. Third, create a civilian protection mechanism.”

The first is being addressed by the creation of an International Contact Group (ICG) which will “publicly lend their credibility, goodwill, influence and wise counsel.”
Montesa said that on the side of government, “we will consolidate our ranks by engaging, perhaps more than we ever did in the past, the Supreme Court, Congress and Mindanao leaders to find acceptable solutions to peace in Mindanao.”

“To the problem of ‘spoilers,’ the first act should be the conduct of the broad consultations with stakeholders. However, in addition to broad public consultations, we will engage those who are opposed to the peace process in an inclusive and honest dialogue and come up with real alternatives. We will make sure that they cannot anymore use the excuse that they were not consulted,” he said.

On the need to protect civilians, “we decided to invite civil society organizations, whether national or international, to help us monitor our agents’ compliance to established norms and rules on civilian protection. We created a Civilian Protection Component of the International Monitoring Team to flesh out this commitment.”

“Civilian protection is important to us. This is the reason why although it is structurally part of the International Monitoring Team, its mandate and existence will continue and is independent of whether or not there will be an International Monitoring Team in the future,” he said. (MindaNews)

Asia Foundation named ICG member

DAVAO CITY (MindaNews/14 November) – The Asia Foundation has been named member of the International Contact Group (ICG) that will support the peace process of the Philippine government and Moro Islamic Liberation Front (MILF). The government and MILF peace panels have yet to formally jointly announce the composition of the INGO (international non-governmental organization) component in the ICG but the Asia Foundation was named by government peace panel chair Rafael Seguis, when he briefed US Secretary of State Hilary Clinton on November 12.

Clinton said the US “stands ready to assist” in the peace process.

Seguis briefed Clinton on the September 15, 2009 agreement on the creation of an ICG and told her the US “can send conflict resolution experts who can help break stalemates in the negotiations through the ICG. They can also send eminent persons who can join the ICG and the US-based Asia Foundation will also join the ICG together with other international nongovernment organizations," he said.

The Asia Foundation is a non-profit, non-governmental organization “committed to the development of a peaceful, prosperous, just, and open Asia-Pacific region.” The Foundation supports programs in Asia that help improve governance, law, and civil society; women's empowerment; economic reform and development; and international relations. Drawing on more than 50 years of experience in Asia, the Foundation collaborates with private and public partners to support leadership and institutional development, exchanges, and policy research.

Under the Sept. 15 framework agreement, the ICG is “ad-hoc in nature and issue-specific in its engagement consistent with an international dimension in aid of the consensus that will effectively enable them to exert proper leverage and to sustain the interest of the Parties as well as maintain a level of comfort that restores mutual trust.”

The ICG draws its mandate from both Negotiating Peace Panels and the Third Party Facilitation:

According to the agreement, the ICG ”will consist of interested countries accompanying the peace process preferably drawn from the Organization of the Islamic Conference (OIC) and the European Union (EU) as well as accredited INGO to be invited by the Parties in consultation with the Third Party Facilitator.”

“Mindful of the interests of the stakeholders to benefit from and expect significant peace dividends from the ICG mission, the Parties will designate INGO that will be accredited along with their named local NGO partners,” the Agreement states.

INGOs like TAF will perform the following roles in the ICG: “engage and act as a bridge between the Parties, ICG, Facilitator and their local partners and civil society in support of the peace process; exchange views, provide research inputs, give feedback and advice to the Parties in coordination with the Facilitator; and establish communication channels in furtherance of peace process advocacy.

Another INGO invited into the ICG is, according to MindaNews sources, the Henry Dunant Centre for Humanitarian Dialogue which helped in the peace process in Aceh. The HDC is an organization “dedicated to the promotion of humanitarian principles, the prevention of conflict, and the alleviation of its effects through dialogue.”

MindaNews sources from the government and MILF peace panels said two more INGOs have been invited, one based in Southeast Asia and another based in Europe.

In a press statement on November 13, the Asia Foundation’s office in the Philippines announced it had accepted an invitation from the Philippine government and the MILF.

“The Asia Foundation will lend its reputation of being a credible and reliable partner committed to forging a more peaceful, prosperous, and just Asia-Pacific region, as well as its 55-year track record of effective program design and management, its trusted and extensive network of Asian partners, and dedicated staff,” it said.

The statement added that Asia Foundation has led successful programs in Mindanao for more than three decades now and has identified peace and development in Mindanao as among the highest priorities for the Philippines. Through its resident office in Manila, opened in 1954, and its satellite offices in Cotabato City and Zamboanga City, the Foundation has been working with local governments, civil society organizations, and private sector partners throughout Mindanao. “The Foundation’s programs address issues related to conflict and development in Mindanao, and building constructive relationships between Manila and Mindanao,” it said.

“Joining the ICG will enable the Foundation to play a direct, landmark role in the formal GRP-MILF peace process,” it said.

The Asia Foundation supports a variety of activities, drawing on its long-standing relationships with many actors throughout Mindanao, and utilizes its on-the-ground presence to work toward peace and development in the region.

From Zamboanga to Surigao cities and municipalities throughout Mindanao, it has helped professionalize human resource management in government offices. “Pioneering work with local partners on resolving clan feuds (rido) has led to the settlement of over 100 such conflicts, making communities more peaceful,” the statement read.

It also supported private sector consultations among local chambers of commerce, and staged a roadshow to Manila to devise how the private sector and its investments can contribute to peace. (MindaNews)

Critical Questions for Hillary

By Patricio P. Diaz


GENERAL SANTOS CITY (MindaNews/14 Nov) – U.S. State Secretary Hillary Clinton urged the Philippine Government and the Moro Islamic Liberation Front to “not waste the opportunity to strike a peace deal before President Macapagal-Arroyo steps down next June”. She stated so at a special forum at the University of Sto. Tomas, November 13.
Most welcomed show of concern. But hasn’t this been expressed for the nth time by various groups and individuals? The only big difference: This time it is from the U.S. top State official, Secretary Hillary Clinton.

Inquirer.net (Nov. 14) reported Mrs. Clinton to have said that “the conditions for peace are ripe” and Ms. Arroyo was “very committed” and “fully prepared” to make the difficult decisions need to achieve peace with the MILF.

Who told Mrs. Clinton that – the Embassy people? Is the Secretary flattering President Arroyo? Did the Embassy not tell her that President Arroyo had sorely passed up the most critical time for her “to make the difficult decisions needed to achieve peace with the MILF” – when the MOA-AD needed her intervention?

She warned “the negotiating environment could change under a new administration,” so she pepped up: “So strike while the iron is hot, when people are in the mood and willing to make peace. Do not sleep; do not rest until we finally get there.”

Pep talk is good sales talk. Is the MILF buying? Expected – the change of negotiating environment under the new administration. What made Mrs. Clinton sound wary that the change would be for the worse?

She cautioned President Arroyo against “an agreement outside the Constitution and laws of the country” since “that will be creating more problems”. Did she know that while her advice was unnecessary the more proper and most necessary was on how to make an agreement outside of the Constitution constitutional? She missed the point.

She also warned against “rogue elements” of the MILF who do not support the peace process. It is important to isolate them. What about the “rogue elements” within the Arroyo government? What is to be done with them?

She made three promises: Washington (1) would help facilitate the talks by talking to both sides; (2) would provide social and economic aid to improve the lives of people in Mindanao; and, (3) would help “isolate those who are not interested in peace at all and are only interested in conflict and terrorism”. The promises are most welcome.

But would it have been better had Washington not ignored the petitions of the Moro leaders of Sulu and Mindanao a century ago warning of troubles that, prophetically true, are now the subject of GRP-MILF peace negotiation – the Mindanao conflict that has caused the loss of so many lives and material resources?

The third promise is enigmatic. What is Washington planning to do?

Behind and beyond all questions, what the U.S. State Secretary said about GRP-MILF peace negotiation is the official position of Washington. Will Manila and Darapanan (the present seat of the MILF Central Committee) oblige?

[“Comment" is Mr. Patricio P. Diaz' column for MindaViews, the opinion section of MindaNews. Mr. Diaz is the recipient of a “Lifetime Achievement Award” from the Titus Brandsma for his "commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate." You may e-mail your comments to patpdiaz@mindanews.com]

The GRP-MILF peace process: Time to Reboot

By: Atty. Bong Montesa

(Delivered on November 12, 2009 in Davao City, at the conference of the Mindanao Working Group).

I am happy to be here and more so because I am excited to share with you the exciting things happening inside the GRP-MILF peace process. If you asked me a month ago whether there will be significant movement within the remaining period, I would have said, “not much”. But as a participant in the negotiations for the past four weeks, I am energized. I see a lot of reasons to be optimistic and excited.

The peace process as an operating system

We can compare the peace process to a computer “operating system” like Apple’s Leopard or Microsoft Windows. Just as an operating system is a platform to attain outcomes, the peace process is a platform to attain a specific outcome - in this case, a negotiated political settlement with the MILF - a building block in the crucial work of attaining that long elusive peace in Mindanao.

Operating systems crash. They are not perfect. Bugs or problems are found that create glitches and hang the system. When a system hangs, all other applications hang and there is a need to reboot or restart it. However, merely rebooting the system will not suffice. Without a permanent solution to the bugs, the system will, again and again, continue to crash and with it all other applications.

The same is true with peace processes. They crash. And when they do, all the relevant applications, whether it be - third party facilitation, ceasefire monitoring, rehabilitation and development projects, and humanitarian interventions - crash with it.

The GRP-MILF peace process: a history of crashes

The peace process has its own history of crashes. It crashed in June 2000 when President Erap decided to call for an all-out war. It crashed again in February 2003 with the offensives at Buliok Complex.

Every time the peace process crash, the human, economic, and political costs are tremendous. Lives are lost, properties destroyed and civilians are forced to evacuate from their communities. With each crash, people’s confidence in a peaceful settlement is progressively diminished. Nobody wants any system to crash - whether of the computer kind or peace processes. But if there is one thing that technology teaches us, it is this: to solve the problem, one must identify the “bugs” that caused crash and to find a way of correcting it, usually via an “upgrade”.

For Erap’s “all-out war”, the problem was the violation by both parties of the ceasefire agreement and their lack of mutual trust and confidence. The solution then was to bring in a third-party - The Government of Malaysia - to mediate and facilitate the negotiations between two distrustful parties.

For the crash of the Buliok offensives, the problem was the suspicion that the MILF was coddling kidnap-for-ransom groups, like the Pentagon Gang. The solution consisted of two upgrades in the process: first, bring in the International Monitoring Team or the IMT to monitor the ceasefire agreement and second, to create the Ad Hoc Joint Action Group or the AHJAG which is a platform where the Government and MILF security forces can jointly pursue lawless and terror elements.

The current crash

Coming now to the current state of things, the peace process crashed last year when the Supreme Court TRO’d the signing of the MOA-AD. We have yet to recover from that crash. Formal Talks have not yet officially resumed. We are still offline.The MOA-AD triggered attacks by a few MILF commanders on unarmed civilian communities and the subsequent military offensives to pursue and arrest these commanders brought war, once again, to Mindanao.

The “bugs” of the current crash

What are the problems? We see three: first, the lack of support and control, second, spoilers and third, the need to protect civilians

Firstly, lack of support and control.The MOA-AD episode showed how fragile and weak the support was to the peace process. While the panels were about to sign a significant agreement, they failed to rally their respective constituencies around it.

For the Philippine Government, it highlighted the need to bring into the process and get the active support of the Supreme Court, Congress, local government officials, indigenous peoples groups and civil society organizations.

For the MILF, it highlighted the need to bring into the negotiations their local commanders and the bigger Bangsamoro constituency - traditional leaders, politicians, civil society organizations, not just the armed groups.

Furthermore, with the elections hurrying near, there is a question of continuity. How sure are the parties that the peace process will survive the change in administration and that the previous agreements will be honored?

Secondly, “spoilers”. Who are “spoilers” but people and institutions who feel that they have a stake in the process and yet were excluded from having a meaningful and substantial participation in crafting the agreement. It also includes people and institutions whose interests, whether political, economic or regional, are threatened by the changes that will be brought by the peace agreement. The MOA-AD episode revealed how a few but determined and well-resourced “spoilers” can derail and scuttle a process meant to benefit the many.

Thirdly, the need to protect civilians. The biggest casualty of the MOA-AD episode are the thousands of IDPs still living in subhuman conditions this very minute in Central Mindanao.

The plight of the IDPs remain to be the most vivid proof of the truism that civilians bear the heaviest cost of war and that whether it be all-out peace or all-out war, there must be a mechanism to protect them.

Again, the problems are: lack of support and control, spoilers and the need to protect civilians.

The necessary upgrades for the current crash

What are the necessary upgrades to the system? First, generate support by building a coalition of friends and by consolidating internally. Second, craft a strategy to deal with spoilers. Third, create a civilian protection mechanism.

To the problem of lack of support and control, we decided to build a coalition of friends - composed of states and international and national NGOs - who will publicly lend their credibility, goodwill, influence and wise counsel. This coalition is expected to “push” us to complete the process and in the event that a final peace agreement is signed, to help in implementing it. This coalition is the “International Contact Group” (ICG).

Furthermore, on the side of Government, we will consolidate our ranks by engaging, perhaps more than we ever did in the past, the Supreme Court, Congress and Mindanao leaders to find acceptable solutions to peace in Mindanao.

To the problem of “spoilers,” the first act should be the conduct of the broad consultations with stakeholders. However, in addition to broad public consultations, we will engage those who are opposed to the peace process in an inclusive and honest dialogue and come up with real alternatives. We will make sure that they cannot anymore use the excuse that they were not consulted.

To the need to protect civilians, we decided to invite civil society organizations, whether national or international, to help us monitor our agents’ compliance to established norms and rules on civilian protection. We created a Civilian Protection Component of the International Monitoring Team to flesh out this commitment.

Civilian protection is important to us. This is the reason why although it is structurally part of the International Monitoring Team, its mandate and existence will continue and is independent of whether or not there will be an International Monitoring Team in the future.

These are the things which makes me feel excited about the prospects and sustainability of the peace process today and beyond 2010. We are fixing the problems and the upgrades are in place.

But there is more.

One Bangsamoro Challenge

We, in Philippine Government, are slowly moving towards the direction of a closer, integrated response to this single, yet multi-faceted, 1 Bangsamoro Challenge. We cannot continue to deal with MILF peace process, the MNLF peace process, the challenge to make ARMM work, and the threats posed by extremist groups like the JI and Abu Sayyaf as if they are separate and unrelated.

While different people sit at different tables and dealing with different parties, we want to bring these tables closer and closer to each other and in one room. The underlying theme of all these issues are one and the same: the challenge of distinct and minoritized people seeking recognition of identity and a space to live out this distinctiveness.

While we engage these groups differently, we want to engage them in view of all our other efforts across the other tables. In the end, we are talking about the same people, the same aspirations, the same problems and probably the same solutions.

One Government Response

Concretely, we want One Government Response to to this One Bangsamoro Challenge. We want the actions of our negotiators with the MILF to be informed by what’s happening with the MNLF review of implementation, informed by the planning done by MEDCO, informed by the inputs of our security forces and informed by the active participation of civil society and peoples organizations.

In the same way, we want our efforts at reviewing the implementation of the 1996 Final Peace Agreement to be in sync with our negotiations with the MILF and consistent with our Mindanao 2020 Agenda.

When our security and police forces plan and operate their tactical operations, we want it to be informed by the over-all strategic objective of the “primacy of the peace process,” with the participation of the autonomous regional government and conscious of the development initiatives we are doing in the area.

With respect to the partners in the Mindanao Working Group, we desire that your initiatives in Mindanao be actually aligned and support our peace, security and development agenda. It should do no harm.

Task Force HELP: Central Mindanao

I am talking here not just of a mere upgrade of a single computer system but of creating a vibrant “local area network” of the different systems involved in Mindanao - integrating security, development, peace and governance systems and yes, including systems of the foreign assistance like the Mindanao Working Group. I am talking here of people and institutions talking closely to each other, complementing each other, enriching each other. It is a worthwhile task which must be commenced soon.

This is the reason for the establishment of Task Force: HELP Central Mindanao, which is the initial platform that will facilitate these conversations between security, development, humanitarian and governance systems. When before these systems were “closed”, we want them now to be “open”. The Mindanao Working Group should work closely with this Task Force.

These are the reasons why I feel excited about this peace process. And I think it should excite you, too. The doors for real participation and contribution by members of the Mindanao Working Group are open. It awaits only your generosity and response.

Let me end by saying this: we survived the crash. The bugs have been identified.The upgrades are installed. It’s time to reboot the peace process.

Daghang salamat ug maayong buntag kaninyong tanan!

(MindaViews is the opinion section of MindaNews. PeaceTalk is open to anyone who wants to share his/her views on the peace processes in Mindanao. Assistant Seretary Bong Montesa is senior advisor and spokesperson for the GRP-MILF peace process. He is also the Chair of Tripartite Implementation Review of the 1996 GRP-MNLF Final Peace Agreement)

Source: http://www.mindanews.com/index.php?option=com_content&task=view&id=7220&Itemid=266