Wednesday, March 25, 2015

STORM SURGING for Peace in Mindanao (Part 4)

By:Raymund de Silva
March 22, 2015 


Symbiotic Relationship between the CAB and the Mamasapano Bloody Event

In a few days (3 days to be exact) Mamasapano failed Police Operations will be three(3) months old. Five (5) days from now, it will be exactly one year ago when the Comprehensive Agreement on the Bangsamoro (CAB) will have its first year anniversary. Both of these very important events are on the same situation –that is – they have started in good intension and mission but somewhere along the way, something happened and somehow both of them have been affected in one way or another. In fact, the two important events have intertwined

The signing of the CAB last year was hailed not only by the Bangsamoro and the nation but the International Community as well. It was the culmination of the17 years of negotiation between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF). The sole purpose of that negotiation in late 1996 was to solve the Bangsamoro problem. It should be recalled that on September of the same year (1996) the government of the Philippines had just signed a final peace agreement with the Moro National Liberation Front (MNLF) with the Ramos government, claiming to have ended 40 years of the Moro Struggle for the Right to Self-Determination (RSD).

Obviously, when the MILF’s leadership had started negotiating with the Ramos government or even the subsequent governments it has never referred to a history of war and peace struggles and efforts – it (MILF) simply wants to solve the Bangsamoro problem. It should be recalled that the MILF is a split group from the MNLF in the late seventies and later formalized it in 1982. It had fought with MNLF for the Right to Self Determination (RSD) of the Moro people stressing earlier the nationalist aspect of the struggle but shifted to more religious (Islamized) to differentiate itself from the MNLF. In the 90’s the MILF had shifted from guerilla nature of their struggle to more conventional. They had built fixed camps and regular military trainings. This was the period when its founding Chair Salamat Hashim began regular basing in the areas in the Maguindanao province. The senior members of the present leadership of the MILF were in one way or another had experienced in the peace negotiation with the MNLF and the Marcos government in the seventies including in the 1976 Tripoli Agreement. It should be assumed that they (MILF Leadership) could have learned from this concrete experience.

Now,it has already signed the Framework Agreement on the Bangsamoro (FAB) on October 12, 2012 which basically outlined the Political settlement between the GPH and the MILF and the process of transition from ARMM to a new Bangsamoro autonomous political entity.

Four annexes and the Addendum on the Bangsamoro waters and Zones of Joint Cooperation were also signed between the years 2012 to 2014.

All these signed documents are integral part of the CAB and currently the processes are on the detailed implementation of the Annex on Transitional Modalities and the Arrangement (signed on February 27, 2012). This particular annex details the creation of a Bangsamoro Transition Commission (BTC) which drafted the Bangsamoro Basic Law and has submitted to both houses of Congress and the Bangsamoro Transition Authority (BTA) which will replace the ARMM after the BBL has been approved.

Excluding the MNLF now and repealing the Republic Act 9054 which expanded the Autonomous Region in Muslim Mindanao (ARMM) in 2001 it got all the necessary provisions(political and economic) including the territories which will be the scope of the new Bangsamoro Juridical Entity but were clearly the product of the long historical struggles for the right to self-determination (RSD) led earlier by the MNLF and currently by the MILF..

By virtue of the peace agreement signed and about to be implemented between the GPH executive department and the MILF leadership they are going to replace ARMM by a BTA which will be composed of peoples from the MILF/BIAF and Moro traditional politicians (Motrapos) whose track records are nowhere to be found or recycled at best. 

The BBL and its approval (of whatever version) will not definitely be an all out solution to all problems in the Bangsamoro. But it should be at least starting from concrete history of building economic and political infrastructures. At least,basic of these criteria should be positively acting or helping to solve the 2009 Ampatuan Maguindanao Massacre (at its 64th month) in which everybody knows by now that a significant number of suspects led by the grandson of the principal suspect former Maguindanao Governor Datu Andal Ampatuan, have been hiding in Mamasapano and even joined in the bloody carnage against the SAF/PNPin January 25, 2015.  The mayor of Mamasapano – Benzar Ampatuan – is the brother of the suspect hiding in the municipality. 

Few days ago, one of the principal suspects from the Ampatuan had already posted a bail bond with more than eleven million pesos (P11.5M) which surprisingly did escape the eyes of Aquino administration BIR Commissioner Kim Henares (talking of double standard).

The Peace Agreement with MILF, the Presidential Legacy that never was…

Anyway,the signing of the CAB and working for the details of the foundation building for the MILF political entity will be the event that people will celebrate its first anniversary on March 27, 2015.

Obviously,one thing is clear that the process has been fast tracked and fitted to the term of Aquino administration and anybody who stands its way is practically ran over or referred to as anti-peace. Only a big event like the January 25, 2015 Mamasapano can stop and give more time to rethink and study it. One cannot really understand the reasons why the Executive and the Presidential Adviser on Peace Process (OPAPP) have been really in a hurry to have the peace process with the MILF consummated irregardless of the substance and the form of such process and peace they want to achieve.

The Mamasapano bloody incident was a covert police operation aimed to arrest or neutralize the international terrorists like Marwan, Amin Baco alias Jihad and their Filipino assistant Basit Usman. The US direct involvement in the botched police operation had made it non 100% PNP operation but part f the US international campaign against terrorism.

The failed police operation was done in the middle of the area claimed by the MILFand its partners the BIFF and the private armed group (Ampatuan). The last two groups were there in the area with MILF because they were secured by virtue of the existing ceasefire agreement between the GPH and the MILF. The same reason was used by the international terrorists who stayed in the area with the MILFto take advantage of the existing ceasefire.

The SAF/PNP, 44 of them lost their lives, following the mission from the President and top levels of SAF/PNP, were able to successfully neutralize Marwan. The Mamasapano bloodlust was able to expose about the relationships of MILF and with the international terrorists and those who were running away from the hands of the law (BIFF to escape the 2008 MOA-AD carnage and the group of Ampatuan to escape from the Maguindanao Massacre in 2009).

The manner of which the BIAF operatives finished off those SAF/PNP lying help lesson the ground (34 of them have wounds inflicted at close range) draws the picture to the nation and the international community the kind of armed non-state actors (about to be part of the State by virtue of documents signed already) like the BIAF in terms of observing the Standard of the International Humanitarian Law (IHL) and Human Rights. This is the reason why nobody could not understand where was the Chair  of the Commission of Human Rights coming from. Thirty four (34) SAF/PNP Commandos lying helpless on the ground were finished off – is simply a massacre.  The MILF had claimed that it was the BIFF, who did the inhuman acts, it should assumed responsibility because it (MILF) is the peace partner of the government.  Its operatives should have ordered the BIFF to respect the deal and treat humanely the wounded.

Witnesses had been saying already that the SAF/PNP were “cleaned up” with their bulletproof and armored vests before killing them one by one. The stealing of their personal belongings and cellphones which were even used to contact the wives and families of the dead SAF/PNP were also blatant violations of their Human Rights. The action of the Chair of CHR has already compromised whatever the coming result of their own investigations. Unless of course, its (CHR)investigation is only focus on giving critique on the results of other investigations like that of the Senate.

In three days time from today, the Mamasapano carnage will be three months old. Many substantial changes have happened in the country. The seemingly unstoppable peace process between GPH and MILF would have been started in the coming months. With the approval of the BBL as submitted by the BTC and fully supported by both panels of GPH and MILF, the BTA would be about to be launched. Nobody can check anymore the fact that even a significant member of the GPH members of the BTC had their own reservations or cannot really agree with the version of BBL as submitted to both houses of Congress. Nobody can check anymore which are unconstitutional parts of the BTC version of the BBL as seen removed by the Executive department as what pointed out by Chair Al Haj Murad and Peace Panel Chair Mohagher Iqbal when they were with the President in Japan.

But January 25, 2015 police fiasco had happened and with that the time clock for the peace process and the approval of the BBL seemed to have stopped. People including the Senators and Members of the House of Representatives who before the Mamasapano were supportive of the BBL and the peace process, have suddenly become cautious and began to rethink the peace partnership with the MILF. The people who have questioned the process with the MILF included the allies of the Aquino administration and have gone far to even question the representations of the GPH Peace Panel and the interests and loyalty of the Office of the Presidential Adviser of the Peace Process (OPAPP).

The January 25, 2015 event has even brought the Aquino administration to its most serious political crisis. It has brought the President down to his lowest approval and trust ratings since he was elected in 2010. It practically wiped out whatsoever was left of the President’s political capital which could practically paralyze its endorsement capacity to the next President of the country by the year 2016.

If this downtrend continues then the peace process including the BBL which will set up the legal foundations for the new Bangsamoro political entity will be dragged down together with its sponsors.

The President and his administration have continued to mishandle the Mamasapano botched SAF/PNP operations. The manner and ways they have tried to put the blame to everybody except the President made the people angrier and desperate everyday. They have already expressed in the latest survey that 8 out of 10 of them do not believe anymore the President’s explanation.

At this stage, the level of appraising the situation has gone down to the level of personalities. The citizenships of the MILF’s leadership have been put into question. The personal lovelife of the President has been projected out of proportion by the showbiz sister Kris no less. Rumors have been going around on the health situation of the President. The Makati controversies of having two Mayors can possibly create constitutional crisis in the country’s premier business center. Obviously these are definitely done to divert peoples’ attention from the deepening political crisis the Aquino administration has been dragged into.

The impasse and the lull period brought about these two events have encouraged other stakeholders in Mindanao to express and articulate their demands. The MNLF of the Council of 15 led by Muslimen Sema has expressed their sentiments that they rather enhance the existing ARMM rather than create a new Bangsamoro political entity. The group of Nur Misuari is definitely not in favor of the Bangsamoro.Another MNLF, the Jihad Council will most likely support the line of Sema group. It should be recalled that the organization of Islamic Countries in the main, still supports the MNLF, especially the Nur Misuari group which for them is the only legitimate representative of the Moro people. It (OIC) has worked out for the putting up of the coordinating body for all the Moro revolutionary groups including the MILF. But has not gone farther enough.

IMPORTANT Historical LESSONS CAN HELP US Reach an Almost Future Perfect

During this period, it will be an excellent occasion for the MILF to rethink the Status of its peace process with the government. The ongoing military operations can have pressure effects on its combatants (even if directed to the BIFF and other terrorists). The impasse can last longer period and it will possible that restless BIAF commanders could not hold any longer and can create a new split within the MILF/BIAF. Without the BBL, the MILF cannot build the United Bangsamoro for Justice Party (UBJP) and cannot start the BTA.

There is a need of deep internal consolidation and organizational strengthening of the rank and file of the MILF/BIAF. The continuous intensification of the all-out war against the BIFF and the remaining terrorists will greatly debase the present base commands of the MILF. There are already signs that the AFP are getting more reinforcements so as to have holding and consolidating forces to the areas left and abandoned by the MILF and the BIFF. An excellent starting point is to continue the political movement to unite and strengthen the Bangsamoro consciousness and transcend from ethno-tribal dynamics so that serious nation building can start.

The joyous celebrations of the nation and the international community during the March 27, 2014 signing of the CAB between the GPH and MILF was almost exactly the same situation when final peace agreement was signed between the government and the MNLF almost 18 years ago.

At present there are moves from the International community to pressure the government and the MILF and the country as a whole to proceed with the peace process and the BBL’s approval. Lessons should have been learned.

Conclusion

The GPH and the MILF peace panels have gone a long way. Substantial documents have been signed to prepare the Bangsamoro political entity come into existence. Definitely, as one event has proven it, the foundation has been very weak. Obviously the trust and confidence that the two bodies (government executive body and the MILF Leadership) have been at most on the superficial level and at the very least, it has only reached on the personal level between the different personalities involved in the process.

A very hard lesson learned is that – a peace process – should not be anchored on a specific personality or limited on a specific time element. It should stress on the qualitative impact on the different stakeholders aside from their principals. Real ownership of the process should be timely checked and rechecked. Commitments of all the stakeholders and the principals should be renewed regularly so that identified gaps can timely be filled in.

The abovementioned considerations are some of the surest things to avoid a “fall out” even in the most difficult and trying moments of the peace process. Events like the Mamasapano and its serious results can collectively strengthen each other and can easily make stakeholders move forward instead of paralyzing them

STORM SURGERS for Peace in Mindanao have to learn from them so as to make them navigate their present peace journey and move forward with confidence and invigorated hope in the continuous building of a just and inclusive peace in Mindanao and the country.

Wednesday, March 18, 2015

STORM SURGING FOR PEACE IN MINDANAO (Part 2)

Raymund de Silva
March 14, 2015

Credit: http://opinion.inquirer.net/83397/editorial-cartoon-march-18-2015

BOI’s Result – Setting a Trend

As  promised, the Board of inquiry (BOI) headed by General Benjamin Magalong had submitted yesterday the results of their inquiries and fact finding activities on the January 25, 2015 Mamasapano fiasco to Deputy Director General Leonardo Espina – the Acting Head of the Philippine National Police (PNP).

The 125-page Mamasapano Inquiry was also submitted to  Manuel Roxas II – the Secretary of the Department of Interior and Local Government (DILG). From here copies have been distributed to the office of the President, to both Houses of Congress, to the Department of Justice, etc. Obviously, this time the proper flow of chain of command and responsibility (in reverse – down-up) has been carefully followed and implemented. 

Given the limitations pointed out earlier by the BOI e.g. the President did not have time to have the interview and give affidavits, General Allan Purisima’s not being interviewed and the MILF’s refusal to let its commanders be interviewed.....it (BOI) has come up with credible and objective results of its inquiries.

The BOI’s investigations have pointed out material evidences that the President as the commander-in-chief violated the chain of command in the execution of a very sensitive police mission. To let a suspended General Purisima had an active role in Oplan Exodus is simply illegal. His (President) actions tried to show that he was above the law because he tried to by-pass different levels of command. This presidential action has been aggravated because he should be the one whom everybody has been expecting to be a model and leading by example in the context of the observance of the rule of law. 

The BOI’s findings with regards to the role of the suspended General Allan Purisima have pointed out that he had violated his suspension status although he (Purisima) has been insisting that he only gave advises and not orders because he was fully aware of his suspended status, his being close to the President and the actual power which emanated from such closeness affected the actual execution of the Oplan Exodus. The mere fact that the President had always passed (even through sms) through the suspended General Purisima rather than to the ground commander the latter had many explanations to do especially to the loved ones and relatives of the murdered 44 PNP-SAF. 

The BOI has pointed out correctly in the role of the sacked SAF-PNP Commander Director Getulio Napeñas – that is- he blindly followed instructions from General Purisima knowing fully well that the latter was already suspended. He could have asserted to “help” general Purisima in following up and coordinating with General Gregorgio Pio Catapang- the AFP Chief of Staff-and could have insisted in front of the President and his best friend to inform General Leonardo Espina and Secretary Manuel “Mar” Roxas his (Napeñas) two immediate superiors. Important and sensitive operations such as OPLAN EXODUS could not be based or be dependent on assumptions for the lives of the ground forces would be very dependent on the action or non actions of their superiors.

The BOI has pointed out clearly the role and the extent of the US involvement in the OPLAN EXODUS. It mentioned about the active presence of six (6) US service men in the Command Center of the PNP/SAF in the nearby municipality of Shariff Aguak closely monitoring the actual ground combat and the butchering of the greatly outnumbered and highly  outmanuevered  PNP/SAF. The reasons of the US servicemen presence in the operation was not subjected in the BOI’s investigation. Facts were gathered that the same US servicemen had trained the 84th Seaborne SAF in Zamboanga before the execution of Oplan Exodus.

Although the BOI was not able to get the interviews with the key MILF commanders but the farthest it has gone and performed activitis were physical and ocular visits to the place where the actual bloody encounter took place in Mamasapano. Based on the results of the interviews with people in the Coordinating Commission on the Cessation of Hostilities (CCCH) and the Ad Hoc Joint Action Group (ADJAG), facts were gathered that the January 25, 2015 botched police operation was a violation of the Ceasefire agreement of the peace talks between the GPH and the MILF.

The Unspoken Part of the Oplan Exodus

The administration of PNoy has defended his actions as a prerogative of being Commander in Chief which means he was not answerable to any lapses in matter of command’s responsibility. But it was more on the President’s reliance on his suspended friend to be actively involved and therefore should not be included in the line of command and responsibility in the execution of such sensitive operations. The President should be held accountable in this aspect.

But the most revealing aspects of such presidential action (with his best friend) were the real intention behind not including the two most senior officers in the OPLAN EXODUS. Secretary Manuel ‘Mar’ Roxas II’s exclusion in such major police operation involving almost 400 PNP/SAF elements under his administrative supervision is clearly delivering a clear message. Mar is supposed to be official Ruling Party Standard bearer in the 2016 elections. Could his exclusion in the sensitive police operation a clear sign that the President up to that date did not really trust him. It could also be the reason why the President up to this day does not give his clear endorsement of the DILG secretary as the LP and the ruling coalition official standard bearer for the presidency in 2016. This is worst because up to now Mar Roxas has failed (or pretend not to) to see or recognize such unfair treatment to him by the President. As for the exclusion of the Acting Director General of the PNP to the operation it would not be hard to see the reason of Purisima to make the OPLAN EXODUS as  his triumphant coming back to his post as the head of the PNP after his suspension. But this is if the special police operation would be successful.

Another aspect which can be gleamed from the results of the BOI’s inquiry is the manner on how the President manages and governs the affairs of the country – that is- based on his personal relationships with his favoured ones. You are considered in his inner circle if you are his classmate, shooting and billiard buddies. If one belongs to this special club you will enjoy immense perks and privileges. This is the main explanation why he would protect to the max, even to the extent of making cover ups or lying to save his best friend even if this friend is suspended. In fact when his best friend (Purisima) had resigned as PNP Director General because of his role in Mamasapano debacle, the President gave more stress to his missing his friend and his sadness for accepting his resignation rather than considered such move as helping in finding and solving the reasons for the failed police operation.

The relatives and the loved ones of the 44 slain SAF/PNP could simply feel that the President did not have genuine sympathy with them and that even if the he (President) would explain to them several times about how he understood them during the period of their sorrows and mourning they (relatives) also felt these as hollow and mechanical and worst without real concerns (plastic). It should be remembered that during those long twelve perilous, agonizing and deadly 12 hours the SAF/PNP commandos had been communicating to their loved ones with the remaining breath of their lives and their cellular phones’ batteries had allowed them to express their love and their last goodbyes and surely they had expressed how they were left to die by their superiors including the President. And worst, as the results of the fact finding mission, they were given false promise that the reinforcement was coming their way. They simply died following order as their duty but they died hoping against nothing from their superiors.

Again the President’s men and women would try to put the blame to the sacked PNP/SAC chief who, according to them, had lied to the President and making the latter blind with the actual situation on the ground while in the results of the investigations including the BOI it was clear that the President was relating only to Purisima and not to the General Napeñas. The President has continued to stubbornly deny such obvious reality. He will surely lie again and again for the sake of his friend.

Ceasefire? Who Violated What?

With regards to the ceasefire violation on the Mamasapano’s operations, it was very unfortunate that the BOI was not able to talk and have interviews with the MILF commanders- specifically the commanders of the 118th Base Command-Wahid Tundok, the 105th Base Command Zacaria Goma and the 106th Base Command Yahya Hassan because they could have known about the special operation against Marwan which a very selective top level of MILF had planned. Additional facts have been coming out that Marwan and his network in the Jemaah Islamiyah could be considered already by the top leadership of the MILF as a big liability at this current and critical stage of the peace process between the GPH and the MILF.  In short he and his cohorts were ready for disposal after accomplishing his mission of training and implementing bombing missions. Another important consideration for the MILF was the price they would want to get (PhP 120 millions) from the total amount of 6 million USD prize of Marwan’s head.

It was mentioned in the earlier document that an MILF senior cadre who served as human intelligence asset and who had personally joined the 84th PNP Seaborne company in identifying and assaulting Marwan’s hut. It is included in the same facts that a very un-Islamic ritual had been introduced and which Marwan could not refuse by the MILF operatives on the night before the assault to make sure that Marwan would be in his hut in the early morning of the actual assault.

It was also very unfortunate that the BOI was not able to interview people in the Tukanalipao during their ocular visit to the scene of the actual bloody encounter. It should be  recalled that when the BOI arrived in the Mamasapano municipality for the visit,  the huts where Marwan  and his cohorts stayed were deliberately burned down which simply means that attempts were made to hide some evidences and cover up the stay of these international terrorists.

The abovementioned facts are simply saying that if international terrorists like Marwan were not cuddled by the MILF/BIFF in their respective areas or base commands then there could not be OPLAN EXODUS or their could not be the deaths of 67 people on January 25, 2015. In this case who violated what and to whom could the violations were inflicted? The Municipality of Mamasapano would still be unknown today.
 
Furthermore, the actual assaults and the subsequent “cleaned up” of guns and ammunitions and the personal belongings of the SAF/PNP were done with great coordination and not only in Pentakasi style which other people would like to impart. Pintakasi is more of a spontaneous and simultaneous attack of victims usually not belonging to the areas and unknown to the peoples in the communities. The assaults on the 84th SAF/PNP Seaborne and the 55th SAF/PNP on Mamasapano was a planned one albeit hastily developed after Marwan was neutralized. It could be seen that the MILF/BIAF attacked from a fixed sector and location while the BIFF in another location with the private armed groups on another location. It was almost perfect set up and there could never be a chance for the 55thSAF and the 84th Seaborne Companies to safely escape the trap. This situation is logical with the case of the MILF’s move to return the firearms of the SAF/PNP. Even the “cleaning of arms” there seemed to be an agreement between the MILF/BIAF and the BIFF. The former got all the M4 Bushmasters while the latter got all the M14s. Several pieces of 90 RRs are still missing; one could just wonder who could have them. The MILF had returned the M4 Bushmasters with all the serial numbers tampered.

US Direct Involvement on Oplan Exodus from Day One – Slap on Philippine Sovereignty

With regards to the US involvement, it could be very helpful if the BOI had looked deeper into this aspect. Concretely it could simply trace the road taken up by the US servicemen in going to Sharriff  Aguak  to directly participate and look into the actual development (real time) of the unfolding bloody encounter in Tukanalipao. Definitely they (US) had arrived to the actual tactical command center on their own logistical means. But aside from the six (6) US servicemen who were in the command center, there were three (3) others who went directly to the vicinity of Tukanalipao to actually manage and handle the drones operations so that the President and his men and women could observe in real time (ala Obama during the Osama bin Ladin operation) the Mamasapano police operation and its development from far away Zamboanga. The facts are saying that the President had been monitoring the Oplan Exodus from the beginning because of the real time action transmitted by the unmanned drones. 

These three US servicemen were never been heard again. They used an international humanitarian utility vehicle in going to the area (interior) and they were dropped in a Christian Chapel near the Tukanalipao complex. The last time something had been heard from the three was that they were accosted by the MILF and BIFF operatives in the area.

It could be very helpful if the BOI included the findings of the reasons of the US direct involvement in these internal affairs of the country. Do the Visiting Forces Agreement (VFA) and the Enhanced Defence Comprehensive Agreement CEDCA) have something to do with these activities. Obviously the vital question of the country’s sovereignty is at stake here. With the deepening silence of the Department of Foreign Affairs (DFA) with regards to this matter, it is surely not assuring.

The BOI has done the inquiries and fact finding mission on what really had happened in Mamasapano on the fateful day of January 25, 2015. But this is not for the purpose of prosecution. It had submitted these results to other investigating bodies like the Department of Justice (DOJ) hopefully for the prosecution of those who committed the violations and will be facing justice. The sooner the better on this quest for justice for the loved ones and relatives of those who died in the Oplan Exodus. They do not deserve less than this treatment. 

Accordingly the Senate will incorporate the BOI’s results of its investigations to its own findings. This will be used to help them (senators) in legislating laws relevant to the Mamasapano fiasco.

Hopefully the results of all these findings will greatly help Congress in comprehensively doing the review and conduct profound study on the proposed Bangsamoro Basic Law (BBL). The Mamasapano very unfortunate event has given more time and the needed space to dig deeper into the establishment of the legal foundation of the Bangsamoro political entity.

Conclusion

Results of the investigation and fact finding missions have come out. In the next few days the Senate will present their own finding.  Definitely, they would all point out to the obvious – the role and the accountability of the President no less. All faults of the subordinates would follow. The longer and the more stubborn the President would accept responsibility and accountability; the subordinates cannot be expected to do otherwise. But most especially the nation and the relatives of the slain 44 SAF-PNP cannot wait any longer.

If the President is genuinely concerned about the postponement of the peace process and the delayed approval of the Bangsamoro Basic Law (BBL) he only has to look deeper into himself. If he is able to transcend and go beyond his personal pride and be humble enough to accept and own his weaknesses then it would be easy for the nation to pick up pieces of peace initiatives and start all over again. Time is running out but there will be time enough to start anew. We urgently need to renew the energized efforts of Storm Surging Peace in Mindanao before those hawks who are advocating and implementing “all out war” can finally cast a shadow on and stifle the voices of clamouring for an “all out peace” in Mindanao. The healing process will be simultaneously felt with our renewed vigor and strengthened faith to build an inclusive peace. 

Let the Mamasapano’s debacle helps us put our peace building in proper perspective. Let the widespread interest it (Mamasapano incident) has generated for peace in Mindanao be transformed into much energized empowerment for the broader ownership of the peace we are all hoping in the Bangsamoro, in Mindanao and the whole country.

Thursday, March 12, 2015

STORM SURGING FOR PEACE IN MINDANAO (Part 1)

Raymund de Silva
March 12, 2015
Credit: http://opinion.inquirer.net/83292/editorial-cartoon-march-13-2015

Presidential blunders and making ways forward difficult…

Serious peace builders and even ordinary citizen cannot appreciate the importance of the President Noy Aquino’s not so new revelation of putting all blame of the Mamasapano fiasco in the former head of the Special Action Force of the Philippine National Police (SAF/PNP). The timing and the place or occasion where it was done made it one of the worst Presidential blunders during the period when the nation is still mourning on the January 25, 2015 failed Police operation. During this period people, especially the loved ones and relatives of the 44 murdered SAF/PNP are still seeking answers to their questions on what really happened and who really are responsible for the Mamasapano carnage. 

The President made the “all blame” statement to General Getulio Napenas when asked during the Ecumenical Celebration with the Evangelical Christians on March 9, 2015. It was also the day that the Board of Inquiry (BOI) which was created by the President himself to investigate the Mamasapano incident would have submitted its findings to the President and to the public. The BOI has called a press conference on the same day to inform the nation on the postponement and extension of the submission of the finding and the results of the investigations. In the BOI Press Conference, its head Director Benjamin Magalong had mentioned that the President did not make himself available for investigation nor made any statement. Dir. Magalong had also mentioned that General Allan Purisima- the best friend of the President- did not also give the BOIa chance to talk with him about the January 25, 2015 incident.  Added to this is that the MILF/BIAF did not agree to be interviewed by the BOI.

Board of Inquiry Mamasapano Incident Report (download here)

The two abovementioned events are very revealing of the President pre-empting the findings of the BOI. Pressures could have been made to the BOI especially General Magalong- who before the press conference- was named as one of the candidates for the top position of the PNP. 

Everybody has been waiting to know the results of the BOI’s findings. In fact it was the reason used by the leadership of the House of Representatives to the committee which is in charge of the Mamasapano investigation that they have to postpone and wait for the BOI’s results before they resume the house hearings.

Now the BOI has asked  for the postponement of the submission of its findings and the President has already put all the blame to General Napenas. Definitely not so few people would not believe the objectivity and credibility of the BOIs findings. 

There are still other investigating bodies which are doing their jobs to find out the truth e.g. Department of Justice (DOJ), Commission on Human Rights (CHR), etc. It would not be helpful for these bodies to hear from the President  about his escaping responsibility and accountability and his putting the blame to somebody while saving his best friend General Purisima.

What has aggravated this situation of the Presidential revelation is that, it was done on the occasion of ecumenical prayer gathering. This was the occasion initiated by the executive to gather Christian religious leaders in the country except the representative from the Catholic-Bishops Conference of the Philippines (CBCP)-which has influenced on 80% of the country’s population. The gathering also excluded a leader of Catholic Charismatic group-El Shadai- whose member is one of the survivors of Mamasapano bloody encounter and had told his stories in El Shadai of what really happened in that fateful day of January 25, 2015. This ecumenical gathering was supposed to be offering of prayer for what is happening to our country not offering praises to the President. This occasion could not be one that best promotes unity amidst confusion after the January 25, 2015 incident not creating situation to further divide the country. This could be the best occasion where one accepts his limitations and would be humbled enough to accept responsibility and accountability so that other could help in correcting such human weaknesses. It is worst because, in less than two months of the successful visit of Pope Francis in the country, it seems that his message of love and compassion and peace and hope have been forgotten by no less than the President and his men and women. Definitely, it will be very difficult to start a collective healing of a nation like the Philippines if no one would accept their weaknesses, responsibilities and accountability. Besides doing the lying in a collective gathering for prayer and guidance would really turn the stomach out of the citizenry. Others would not believe that the President would go down to such lowest level of a person lying to the nation to save himself and his best friend. 

Saving Peace or Saving lives

Storm surging for peace and waging battles against all out war seem to be very difficult in the situation where the leadership of the country would always prefer to safely stay in their own comfort zones. They could not ever afford to be open enough to accept suggestions coming from not their considered friends. 

In fact, as the situations unfolded and the Presidential blunders have exposed themselves of the real authors of choosing to have the peace talks with the MILF rather than saving the lives of the SAF/PNP who implemented the operation against Marwan. The more the President tries to save General Purisima from accountability the more people believe that since he (Purisima) was the direct line of President to Gen. Napenas and vice versa- the more it is becoming clear that Purisima had failed to make the coordination of OPLAN EXUDUS (OPLAN against Marwan) with the Armed Forces of the Philippines (AFP) and affected the chain of command responsibility to officer in charge (OIC) of the PNP-Deputy Director General Leonardo Espina and the Secretary Mar Roxas from the Department of Interior and Local Governance (DILG).

This major gap in the OPLAN EXODUS had affected the timely arrival of reinforcements for the 84 Airborne Assault Company of the PNP and the 55th Blocking Company of the PNP.               

Signs have surfaced that made the President to disapprove the sending of the AFP and the remaining SAF to reinforce the beleaguered 84 Airborne PNP and the 55 PNP/SAF. The decision to save the peace talks with the MILF rather than the SAF/PNP came from the head of Office of Presidential Adviser on Peace Process (OPAPP) who have been denying her knowledge and involvement on the earlier part of the process of January 25, 2015, Secretary Teresita “Ging” Deles of OPAPP contacted by members of Committee on Ceasefire and Cessation of Hostilities (CCCH) for advice. She was   the one who reached out to the President to refrain from introducing reinforcement because the MILF might think that the government forces could be attacking them and might respond appropriately thus breaking up the ceasefire and ultimately the peace talks. 

Another point which has unfolded in the events of the Mamasapano carnage is the fact the 84 Airborne SAF-the assaulting company had with them a human intelligence asset who did not only guide them (84 Airborne) directly to Marwan’s hut but also knew very well the communities and the people there. In fact, by past experience, this human guide, must be an senior officer of the MILF who could coordinate with the different MILF base commands in the area and the BIFF and could lead the PNP/SAF (Assault and blocking companies) safety out of the area.  But the sad fact here was that this human asset who knew his way around and was respected by the people in the communities was fatally shot in the early stages of the assault of Marawan’s hut thus making the assault company almost blind in their retreat and their regroupment with the other SAF/PNP. The presence of an MILF officer as an asset would not be known officially within the MILF because of the sensitivity of his role with the US anit-terrorist campaign and his being part of the SAF/PNP as an agent. This is similar to Al Goshi case, only that the Mamasapano operation involved many elements of PNP/SAF while in the former only very few individual (including an MILF leader) was involved. This fact of the Mamasapano (and Al Goshi) event as revealed how deep the engagement and involvement of US counterterrorism operations have reached inside the country and especially in Mindanao. 

Non-State and becoming State entity

Furthermore, the Mamasapano debate has educated the peace builders and the general citizenry about the state and non-state relationships and the changes they have to undergo in the long process of dynamics in peace talks. Insights can be learned into the internal functioning of the different mechanisms which have been set up to maintain coordination and mutually agreed guidelines in the implementation of technical and substantial part of the agreement between the two parties.

The struggle of the Bangsamoro for the right to self-determination as currently lead by the MILF is directed towards the elimination of national oppression as perpetuated by the country’s ruling elite and represented by the President Noy Aquino’s Administration within the neo-liberal framework of capitalist led globalization.

The concrete political objective of the MILF’s led struggle for self-determination is to set-up political autonomy by setting-up the Bangsamoro in a nation/state Philippines framework. 

The current stage of the GPH-MILF peace talk is the setting-up of the legal foundation for the establishment of the Bangsamoro which is the Bangsamoro Basic Law and will still undergo legislative and judiciary processes and approval. Both parties had already signed peace framework agreement on October 12, 2012 and the Comprehensive Agreement on the Bangsamoro in March 27, 2014. 

The MILF has already agreed that it became part of the quasi-government instrument when it (MILF) chairs and participates in the Bangsamoro Transition Commission (BTC), whose tasks among others is to draft the BBL to be submitted to the Philippine Congress for approval. 

The GPH has provided the budget for the functioning of the BTC until today for the other tasks of the BTC which are to propose the constitutional amendment of the Philippines 1987 Constitution and to make and propose the development framework for the Bangsamoro. 

Such situation puts the MILF into a transition stage from being non-state into state entity. And therefore when MILF leadership claimed that they would not appear in the government investigating bodies e.g. congress after the Mamasapano, there seems to be confusion. The MILF puts its rightly when it said that they are still a revolutionary organization because it has not yet signed a complete and final peace agreement with the Philippine government. This means that they (MILF) with the international implementing bodies have been satisfied with the implementation of the four annexes. Until then, the MILF can still have the full command of 35% of the fully armed BIAF. This has serious implication in the constitutional section where it says that the country will have only one armed force and one police force. But for the fulfillment of its political objective of setting the Bangsamor Entity  albeit through non-armed ways, the MILF remains to be revolutionary unless the changes  they want to effect to the ARMM is just superficial then they can become just like the Moro traditional politicians. But they (MILF) have to attend congressional activities like the investigation on the Mamasapano fiasco. Many people and various groups have appreciated the attendance of Mohagher Iqbal in these congressional hearings. 

Rebuilding the trust and confidence

Another step favorable to the continuation of the peace process is the move of the MILF to return the fire arms of the slain SAF/PNP but it should be more laudable especially for the love ones and close relatives of the murdered SAF/PNP if personals belongings e.g. cellphones, watches…should be returned as well. 

Another big challenge to be hurdled by the MILF/BIAF leadership is whether to surrender their commanders who led the MILF assault which resulted to the death of the SAF/PNP to the government of the Philippines or to the international monitoring team headed by Malaysia-which is also the facilitator of the GPH-MILF peace talks. It should be very important to mention here that the Malaysian facilitator is also the current head of the Malaysia Intelligence of their Armed Forces, equivalent to the Intelligence of the AFP (ISAFP). A very difficult balancing act here should be observed. This means that the Mamasapano actual battle and dynamics and the murder of the 44 SAF/PNP should be given in the hands of the foreign government and which is not necessary neutral in the peace talks.  Malaysian investors have already poured in millions of dollars in investment in Mindanao and specifically in the Bangsamoro areas.  Besides, the issue of the Sulu Sultanate’s claim of Sabah has not been sufficiently addressed by both the Philippine government and the MILF. The issue on foreign intervention by Malaysian government in the affairs of the Philippines even if it is in the context of facilitating peace between GPH and the MILF cannot be avoided. In fact, the assignment of the Head of Malaysian Intelligence offices as facilitator to the peace process can never be considered neutral.

At this stage, it should help a lot if both sides (GPH and MILF) will review the peace process and the current stage that they are engaged in now and from that standpoint review and manage the mess created by the Mamasapano bloody incident.

The Mamasapano bloody encounter has created a new normal in the peace process between the GPH and MILF.  It would be a big mistake for both to continue the process as if business as usual.  After the process of identifying and accepting responsibility and accountability both sides have to rebuild the trust and confidence lost, especially from the peoples – the real stakeholders.

The people (from the North to the South) have become interested with the development of the peace talks and the process and development of BBL.

People especially the non-Muslim become worried of the nature and development of the MILF because there are Islamic movements providing Islamic awareness and system and are becoming an emerging global phenomenon. Not few of them have fundamentalist orientations, like the ones in Africa (Boko Haram) and the Islamic State of Iraq and Syria (ISIS) which projected negative images to the peoples in the country.  This is the main reason why the peoples have reacted strongly when they saw the video through social media about the inhuman treatment of the MILF and the BIFF of the wounded and helpless SAF/PNP officials on the ground.  Many people equated this scenario to the ISIS beheading of their helpless kidnapped victims.

These developments should be given immediate considerations because if these are settled and trust and confidence should little by little be restored then the issue of reviewing and approving the BBL will not be difficult as it is seen today.

Conclusion 

With the new normal situation after the Mamasapano failed Police operation both the GPH and the MILF have to make a major review of the peace process they have journeyed together. It would be very appropriate period to take another look of the inclusivity of the nature of peace they both are trying to build in the Bangsamoro region. The current peace track they are trying to pursue is definitely not the right and appropriate one. The Mamasapano bloody incident has proven that the peace they (GPH and MILF) have tried to achieve is built in a very weak foundation and can easily be broken. The not so humbling attitude of both parties in facing and accepting suggestions and ideas made the gaps hard to fill up. 

The Mamasapano unfortunate incident created an atmosphere of openness and strengthens the value of being patience to achieve goal in peace building. 

Storm surging for peace simply means to pick up the pieces of the different initiatives and build durable, people centered and just peace in the Bangsamoro areas and the surrounding regions. It can only be sustainable if the people have internalized their stakeholdership in the process. Storm surging for peace can only be successfully achieved if these faster tracked efforts are implemented with unwavering determination and positive hope of the concrete realization of better tomorrow.