Sunday, August 31, 2008

Philippines Interrogates Arrested Terror Leader

MANILA, Philippines (Mindanao Examiner / August 31, 2008) – Philippine authorities were interrogating a suspected terror leader blamed for the deadly attack on a ferry off Manila Bay that killed over 100 people in 2004.

Authorities are holding Ruben Lavilla Jr., after he was arrested and deported back home on Saturday from Bahrain, where he applied for a job at the Philippine Embassy.

Lavilla is said to be the leader of the Rajah Solaiman Movement, whose other members had been arrested in Zamboanga City in the past, among them Ahmed Santos, another leader of the local terror group allied with the Abu Sayyaf and the Jemaah Islamiya.

Lavilla escaped from the Philippines after the February 27, 2004 ferry bombing, but he was arrested in Bahrain after a security check on his background by the embassy.

Manila blamed the three groups for the spate of bombings in Manila and in Mindanao in southern Philippines. (Mindanao Examiner)

MILF Holds Crucial Meeting To Decide On Fate Of Peace Talks With Unpopular Arroyo Government



Villagers with food sacks prepare to return home Sunday, August 31, from a distribution center in Sarangani province in southern Philippines. The humanitarian organization called World Vision distributed more than 2,000 food packs in the villages of Lumasal, Pananag, Lumatil and Daliao. Rebels attacked the town of Maasim on August 18 and killed two civilians. (Photo by Jun Ramos / Sarangani Information Office)



MAGUINDANAO, Philippines (Mindanao Examiner / August 31, 2008) – The Philippines’ largest Muslim rebel group, Moro Islamic Liberation Front, held a crucial meeting Sunday to discuss the fate of the peace talks with the Arroyo government.

President Gloria Arroyo, who opened peace talks with the rebels in 2001, has already scrapped a territorial deal with the MILF after the Supreme Court stopped its formal signing last month in Malaysia when lawmakers and politicians opposed to the accord filed separate petitions, saying, there were no public consultations.

The peace talks are in danger of collapsing because of the aborted deal and the continued fighting in the southern Philippines between military and rebel forces.

“We are having a meeting right now to assess the peace talks with the Philippine government. The peace talks are now in purgatory,” Mohagher Iqbal, chief MILF peace negotiator, told the Mindanao Examiner.

Peace negotiators in July initially signed the memorandum of agreement on the ancestral domain that would have granted some four million Muslims their own homeland in more than 700 villages across Mindanao, whose 21 million populations are mostly Christians.

The homeland deal sparked a series of protests from politicians and residents who were opposed to the inclusion of their areas to the agreement that will make up the so-called Bangsamoro Juridical Entity.

Arroyo has shifted in the basic premise of the government's peace effort after hundreds of rebels under Ameril Kato and Abdurahman Macapaar led a series of attacks in the provinces in Mindanao that killed dozens of civilians.

Manila demanded the MILF to surrender peacefully the two rogue commanders, now wanted by authorities, to face trial over the killings of civilians in the provinces of North Cotabato, Lanao del Norte, Sarangani, Sultan Kudarat and Maguindanao where rebel forces brutally killed innocent civilians and pillaged Christian villages.

Rebel forces launched the attacks after the failed signing of the controversial ancestral domain agreement. The MILF said it will not surrender the two rebel commanders and warned Manila that an all-out war could erupt in Mindanao if the peace talks fail and military offensive is not halted.

“This is a long process and the MILF leadership will talk about the future of the peace talks with the Arroyo government,” Iqbal said.

Iqbal also complained that his cell phones have been bugged by the military and that authorities were monitoring his conversations. “My cell phones now have become a tracking device,” he said without elaborating further.

Some journalists covering the strife in the southern Philippines also believed their phones were bugged and that authorities were listening to their interview with rebel leaders.

Last week, Hermogenes Esperon, the presidential peace adviser, said the government will longer sign the ancestral domain deal, although, it will still continue negotiating peace with the rebels.

“We will not sign the memorandum of agreement on the ancestral domain, but will continue with further negotiations with the MILF to arrive at final peace deal,” he said.

The MILF said it will not anymore revisit or renegotiate the homeland agreement because peace negotiators have already initialed the deal. “It is already a done deal and we have been saying this all the time. We will not revisit or renegotiate the agreement on the ancestral domain,” Eid Kabalu, another senior MILF leader, said.

Kabalu said they are waiting for the government to send them a formal letter saying that the ancestral domain deal has been scrapped. “We are waiting for the formal communication that the ancestral domain deal has been scrapped so we can decide on what steps to take, whether to continue the peace talks or not,” he said.

He said the MILF will not abandon its fight for self-determination. “Our right to self-determination is non-negotiable,” he said.

Last year, peace talks nearly collapsed after Manila reneged on the same deal.

Government peace negotiators and Arroyo's political allies have earlier proposed to amend the Constitution to change the system of government from presidential to parliamentary or federalism to allow the MILF to have a separate state.

Militant groups and political activists have repeatedly accused Arroyo of using the peace talks with the MILF to amend the Constitution and eventually prolong her to stay into power.

Under the presidential form of government, Arroyo is allowed only one six-year term. In the charter change proposal suggested by her political allies who dominate Congress, she can be elected as prime minister should Congress dissolve the Senate and change the system of government to parliamentary and eventually prolong her into power beyond 2010.

Arroyo deposed President Joseph Estrada in a people power revolution in 2001, but corruption scandals in her government and allegations of poll fraud in 2004 has made her extremely unpopular among many Filipinos. (Mindanao Examiner)

Photo: Southern Philippines Refugees






Governor Zaldy Ampatuan, of the Muslim autonomous region, has released P2 million to the Department of Health headed by Secretary Tahir Sulaik to help war refugees in Maguindanao and Lanao provinces where fighting broke out between troops and MILF rebels. More than 280,000 have been displaced by the hostilities in Mindanao. (Mindanao Examiner Photo / Mark Navales)

Philippine State Workers Cry Foul Over Tax Relief

MANILA, Philippines (Mindanao Examiner / August 31, 2008) - Filipino civil workers criticized the Arroyo administration for seeking to pass regulations for the implementation of the tax relief package that were allegedly flawed.

President Gloria Arroyo in June signed into law the Republic Act No. 9504, otherwise known as the “Tax Relief Package Law,” which exempts minimum wage earners in both the private and public sectors from paying income tax and increases personal and additional tax exemptions allowable to individuals.

However, three months after the law was adopted,its implementing regulations have yet to be finalized by the Bureau of Internal Revenue (BIR) and the Department of Finance (DoF). The Public Services Labor Independent Confederation (PSLINK), a national union representing more than 80,000 government employees, claimed that the present draft of the implementing regulations is laden with restrictive provisions that effectively prohibit many minimum wage earners who are supposed to benefit from the law from being covered by the income tax exemption.

“RA 9504 clearly states that workers who are receiving a compensation income not more than the statutory wage fixed by the Regional Tripartite Wage and Productivity Board are considered minimum wage earners and are therefore entitled to exemption from paying income tax,” said Annie Geron, PSLINK general secretary.

“This runs in contrast to what the draft implementing regulations stipulates as the latter creates its own qualifications of who should be covered by the tax exemption package, consequently redefining who a minimum wage earner is,” Geron said.

The state workers’ group was referring to the set of conditions under the draft regulations which state that workers whose basic pay are equal to the minimum wage but receive additional compensation such as commissions or honorarium, benefits in excess of the statutory tax-exempt amount of P30,000, taxable allowances and other taxable income other than the basic pay, holiday pay, overtime pay, hazard pay and night shift differential pay, and other income not subject to final tax shall not be considered as minimum wage earners.

Hence, their entire pay including whatever excess in benefits and additional income that they receive will be subjected to income tax.

PSLINK also condemned as unfair and unlawful the proposal to implement the increase in personal and additional exemptions only to income earned from the month of July. This, according to the state employees union, diminishes the benefits intended by the law to minimum wage earners and individual workers who will benefit from the increased tax exemptions.

“The proposed regulations also violate a previous Supreme Court decision in the Umali v. Estanislao case which ruled that increased tax exemptions should cover compensation income earned for the entire year,” Geron said.

In addition, the group criticized the draft regulations for being unnecessarily stringent with its various administrative requirements and procedures.

The union claimed the required filing of updated exemption status even if there is nothing to update under pain of "disallowance" of any personal or additional exemptions and the filing of quarterly summary lists make compliance excessively cumbersome for both employers and their workers. “We don’t understand why the BIR and the DoF have to complicate the rules for implementing the tax exemption law,” Geron said.

“Instead of providing relief, the draft regulations impose undue burden to employees and employers alike. This is particularly true for the public sector which is already reeling from loads of administrative work.”

PSLINK also said the Arroyo administration may be using the draft regulations to make it difficult for employees to benefit from tax exemption law as its implementation will result to a drop in one of their main sources of revenue.

But the national union argued that the workers should not be made to pay for any reduction in revenue collection that will result from the implementation of the tax relief package law.

“The administration could very well offset their loss in revenue from the workers’ income taxes if only it would stamp out corruption that drains away much-needed resources that could have otherwise gone for public services,” Geron said.

“The tax relief package law is already too little, too late. Workers are already overwhelmed by the high prices of food and fuel. We shouldn’t be made to wait any longer for the proper implementation of the tax exemptions," she said.

Philippine, US Military Pour Millions Worth Of Humanitarian Projects In Sulu

SULU, Philippines (Mindanao Examiner / August 31, 2008) – The United States military has poured some $10 million in infrastructure and development projects in an effort to win hearts and minds in Sulu province in the southern Philippines, Filipino officials said.

The Philippine military also spent over P39 million in similar projects in Sulu in partnership with the provincial government. It said the US aid this year went to the constructions of 13 area coordinating centers and 14 road projects, including repairs or 20 school buildings, 25 artesian wells and eight water distribution systems across Sulu.

These projects were on top of other humanitarian programs that benefited the locals, from medical missions to training of policemen and soldiers in various workshops.

Maj. Gen. Juancho Sabban, a Filipino marine commander, said more development projects have been lined up in Sulu by both the Philippine and US militaries as part of the Balikatan, a codename for joint undertakings between Manila and Washington.

“Progress comes easily for a community where people are educated and well-informed. In recognizing this vital factor, the military makes it its goal to help bring education especially in far-flung communities. Investing in education is the key to peace and development, which is a long term solution,” he said in a statement.

He said Sulu Gov. Sakur Tan signed an agreement with the Philippine military to maintain all finished projects.

The Philippine military projects in Sulu went mostly to the renovation of school buildings, road infrastructure, repairs of mosques, water system and livelihood programs for the locals that included goats and ducks-raising, seaweed and cassava farming.

“The military, with its humanitarian activities, is confident that the problem on peace and order will be solved. Development is the best key weapon in the pursuit of peace and progress in Sulu,” Sabban said.

The projects, he said, are part of the so-called “community organizing and people empowerment approach,” which aims to win hearts and minds of the local Muslims and get their active participation in government efforts to promote peace and development in Sulu.

Tan praised Philippine and US troops for their active roles in many development projects in Sulu and he pledged to continue supporting these efforts to bring peace in the province.

“Thank you for carrying the burden with me in improving the lives of my people through initiating peace programs and providing assistance in development projects. Peace and order in Sulu is getting better everyday,” he said. “With these development undertakings, the image of Sulu is slowly changing from chaotic to peaceful to a progressive place for everyone.”

Tan last week inaugurated seven projects – artesian wells, school building and road infrastructure - in Patikul town.

The provincial government, Tan said, has lined up various development projects in mostly poor areas in Sulu's 19 towns. In April, Tan funded the construction of at least 50 bamboo houses, worth over P26,500 each, for poor Badjao families in Tandu Bato in Luuk town.

The project called "Operation Kandili – Preserving a unique culture through providing homes for the Badjao," is a partnership between the Philippine Marines and the Sulu provincial government. At least 50 more bamboo houses in Luuk town will be constructed soon, including basketball courts in the villages and Tan pledged to release more funding for education and poverty alleviation programs.

“We have been funding and implementing a lot of projects in Sulu and all these are part of our peace and development programs. We want a culture of peace and this can be achieved through education and basic infrastructure projects and with the participation of course, of the people themselves,” he said.

Col. William Coultrup, commander of US military forces in southern Philippines, also quoted a letter sent to newspaper editors by a foreigner named Venice Wayne. In the letter, Wayne described Sulu as more stable than in the past and called the province as “more than heaven on Earth.”

Wayne, who visited Sulu in six years ago, wrote in his letter that “Sulu is more stable, more developed, and relatively safe now compared last 2002 when I first arrived despite travel warnings, advising travelers to avoid Sulu archipelago, where accordingly there are ethnic and religious animosities.”

“When I first made the journey to Sulu Ethnological Museum at Notre Dame College, the Provincial Capitol with a Moor-inspired architecture, the Masjid Jami, the largest of the town’s mosques, and the Barter Trade Market, I was caught in a pleasant surprise by their exquisiteness and culture. Bud Datu, a 200 meters high hill outside Jolo, is the site of the revered tomb of a Muslim missionary from abroad. The town and sea below may be seen from a nearby military camp.”
”Likewise, the island is rich with white beaches, having crystal clear water and lush green mountains such as the kilometer-long white sand Maubo Beach in Patikul, the next town to Jolo. But the province is more known for its excellent diving spots, the best of which is Tubbataha Reef.“

He said although overlooked, Sulu is a potential haven to reside. “I know many would raise their eyebrows with this because Sulu has a reputation for being chaotic – well, it’s really something of an image problem, which is exaggerated. But if you come down here and feel Sulu for yourself, you’ll know what I mean.“
”I admit, before my first visit to Sulu, I told myself that such place portrayed by media as a “no man’s land” has no bit of hope for peace and prosperity. However, right now, with the newly built infrastructures, including school buildings, water projects, barangay roads, programs on health, housing, livelihood, and other marks of improvement, I see not only mere hope but I see that hope turning into a reality,” Wayne wrote.
”Now that the military has the people’s support especially because of its security measures and humanitarian offensives and the provincial government has ambitious and beautiful vision for the province, the more optimism there is in solving the problems on both terrorism and poverty. Seeing concrete evidences, I now have a totally different outlook.”
”For as long as the security and developmental efforts are sustained, I see no reason that new breeds will ever resort to terrorism and choose to be in the harsh jungles. If this chain of violence is cut, I’m sure Sulu is more than a heaven on Earth.” (Mindanao Examiner)

Guam Army National Guard Unhurt In Southern Philippines Attack, 4 Filipino Marines Killed


A convoy of US and Philippine troops pass on a village in Jolo town in the southern Filipino province of Sulu. Abu Sayyaf militants attacked US and Filipino soldiers in the village of Bonbon in Sulu's Patikul town on Saturday, August 30, 2008 killing four local soldiers and wounding ten more. A member of the Guam Army National Guard was unharmed in the attack. (Mindanao Examiner Photo)


ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 31, 2008) – The Philippine military launched a “calibrated” offensive against Abu Sayyaf militants following an attack that killed four Filipino soldiers and wounded ten more in the southern island of Sulu, officials said.

US soldiers were in the military convoy when militants attacked them with mortars and automatic weapons near a marine base in the village of Bonbon in Patikul town over the weekend. The attack occurred two days before the start of the Ramadan, Islam’s holiest month.

Filipino security officials did not report about the presence of US troops in the convoy, but the Guam Army National Guard released a brief statement Saturday, confirming that a local serviceman currently was unharmed following an attack on his unit on the island.

The US soldier was not identified, but the Guam Army National Guard said the serviceman is attached to a platoon with the 294th Infantry Regiment deployed in May in Sulu to aide in the ongoing conflict there.

No other details were made available by the Philippine and US military about the American involvement in the operations against the Abu Sayyaf in Sulu, but the members of the 294th Infantry Regiment are assigned to the U.S. Joint Special Operations Task Force - Philippines.

The attack came two days after Filipino and US soldiers and provincial government officials inaugurated various development and infrastructure projects in Patikul town.

Four artesian wells have been handed over to local officials in the villages of Timpook, Taung, Tanum, and Liang and a new school building in the village of Bonbon and two road projects in Liang and Bud Datu, all in Patikul.

At least 30 US soldiers, part of the Guam Army National Guard's 1st Battalion under the 294th Infantry Regiment, were deployed in Sulu to serve as security - for at least for six months - for a unit of the Special Operations Command-Pacific.

Hundreds of US troops are deployed in Sulu and other parts of the southern Philippines also conducting joint civilian-military operations and training with the Philippine military.

The humanitarian missions is part of the Balikatan, which means "shoulder-to-shoulder," an annual Philippine and US bilateral military humanitarian assistance and training activity.

Though US and Philippine government officials have consistently claimed that the unit is not involved in actual combat, US troops themselves describe their mission as "unconventional warfare" and "counter-insurgency" operations in the country. US troops join Filipino soldiers on patrol, provide them with intelligence, and assist in various aspects of their operation.

American soldiers are also active in many development and humanitarian activities in the southern Philippines, especially in Sulu province where they built roads and schools and join medical missions with local troops and provincial government mostly in poor areas.

Just earlier this year, about 600 US troops worked with civilian authorities and the Armed Forces of the Philippines in various humanitarian projects that included free medical, dental and veterinary care in Sulu province and also in central and Western part of Mindanao.

US and Philippine soldiers, many of them construction engineers, built schools and other community infrastructures in those areas. In 2006, the United States Navy hospital ship Mercy had treated more than 60,000 mostly poor Filipino patients in separate medical missions in Sulu, Basilan and Tawi-Tawi islands, including Zamboanga City, as part of the Project Bayanihan. (Mindanao Examiner)

Saturday, August 30, 2008

Rebels, Troops Hurl Accusations At Each Other As Fighting Continues In Southern Philippines

ILIGAN CITY, Philippines (Mindanao Examiner / August 30, 2008) – Philippine Muslim rebels fighting government forces accused the military Saturday of preventing food aid from reaching refugees in the troubled region of Mindanao.

Radio network dzRH on Saturday also reported that troops were preventing aid workers from bringing food packs to refugees in Lanao del Norte province.

Eid Kabalu, a senior leader of the rebel group Moro Islamic Liberation Front, said troops prevent international and non-government organizations from bringing food aid in Lanao del Norte, where security forces are battling rogue MILF members blamed for recent attacks on government troops.

“Soldiers are preventing food aid from reaching the refugees, who are hungry and sick from continued government offensive in the province,” Kabalu told the Mindanao Examiner.

He said fierce fighting in Lanao del Norte and Maguindanao provinces had killed at least 30 soldiers since Friday. “Fighting is going on in Maguindanao and Lanao del Norte and at least 30 soldiers are dead in MILF attacks,” Kabalu said.

He said fighting was raging in Datu Saudi Ampatuan and Guindulungan towns in Maguindanao and also in Lanao del Norte’s Poona Piagapo town, where troops had captured a major MILF base.

But Maj. Eugene Batara, a regional army spokesman, denied all Kabalu’s claim and said at least two rebels were killed in Friday fighting in Poona Piagapo town. He said eight soldiers were also wounded in the clashes.

Batara also denied the military blocked food aid in the province.” There is no truth to that report and as a matter of fact, we have been securing aid workers to protect them from rebel attacks,” he said in a separate interview.

The Arroyo government on Friday said it has abandoned the homeland deal with the MILF, although it would still continue negotiating peace with the country’s largest Muslim rebel group.

Government and rebel peace negotiators last month have initially signed the memorandum of agreement on the ancestral domain which would grant a separate home for Muslims in more than 700 villages in the southern Philippines.

But the Supreme Court stopped the signing of the deal after some lawmakers and politicians opposed to the accord filed separate petitions, saying, there were no public consultations.

President Gloria Arroyo, who opened peace talks with the MILF in 2001, has shifted in the basic premise of the government's peace effort after hundreds of rebels under Ameril Kato and Abdurahman Macapaar led a series of attacks in the provinces in Mindanao that killed dozens of civilians.

Arroyo said the change in the government's approach to end the Mindanao conflict was prompted by the atrocities committed by the MILF attacks.

Hermogenes Esperon, the presidential peace adviser, said the government will longer sign the ancestral domain deal. "We will not sign the memorandum of agreement on the ancestral domain, but will continue with further negotiations with the MILF to arrive at final peace deal," he said.

It was unclear how this would affect the peace talks, but the MILF has repeatedly said that it would no longer negotiate the homeland deal after peace negotiators initialed the agreement last month in Malaysia, which is brokering the negotiations.

Kabalu said the MILF leadership will have to decide whether to continue the peace talks with Manila or not.

The MILF previously warned that a bigger war is likely to erupt should the peace talks totally fail. It blamed hawkish factions in the Arroyo government and politicians opposed to the Muslim homeland deal for the skirmishes in Mindanao which is threatening the seven-year old peace talks.

Batara said the MILF should surrender peacefully Kato and Macapaar, but the MILF insisted it will not yield the two notorious commanders, both linked by government intelligence to the international terror groups such as the Jemaah Islamiya and the Al-Qaeda.

Manila also put up ten million pesos bounty for the capture of Kato and Macapaar whose forces had brutally killed innocent civilians and pillaged villages in the provinces of North Cotabato, Lanao del Norte, Sarangani, Sultan Kudarat and Maguindanao.

Rebel forces launched the attacks after the aborted signing of the controversial ancestral domain agreement. The influential Organization of the Islamic Conference condemned the attacks. (Mindanao Examiner)

First Filipino Capuchin Bishop Ordained Amid Tension

IPIL, Philippines (UCAN / August 30, 2008) - Roads leading to the local cathedral were closed to traffic in mid-August for the security of guests attending a bishop's ordination in this southern Philippine city.

Senior Superintendent Federico Castro, police director of Zamboanga Sibugay province, told UCA News the closure was part of a "security plan" to ensure that apostolic nuncio Archbishop Edward Joseph Adams and other guests attending the August 19 ordination of Bishop Joseph Amangi Nacua of Ilagan would be "safe."

More than 500 religious and lay guests attended the ordination at St. Joseph the Worker Cathedral in Ipil, 770 kilometers southeast of Manila. Archbishop Adams delivered the homily. Archbishop Diosdado Talamayan of Tuguegarao served as the ordaining prelate.

Bishop Nacua, the first Philippine Capuchin bishop, was parish priest of St. Isidro Labrador, an interior parish in Ipil prelature, prior to being appointed to Ilagan diocese on June 10.

The diocese, which has been without a bishop for more than a year, is based in Ilagan town, capital of Isabela province, 290 kilometers northeast of Manila. It belongs to Tuguegarao ecclesiastical province.

The tight security was ordered after Armed Forces chief General Alexander Yano announced on August 18 that about 300 members of the Moro Islamic Liberation Front (MILF) had attacked Kolambugan and four other towns in Lanao del Norte province, northeast of Ipil.

Kolambugan Mayor Bertrand Lumaque told UCA News that the MILF burned houses that morning and used people as human shields during their withdrawal, as the military reclaimed the town. Text messages circulated around Ipil the following day, warning residents of impending attacks by the rebels.

The MILF was formed in the 1970s to fight for an Islamic state comprising claimed ancestral domain territories mostly in Mindanao, the southern Philippine region. It and the government began talks and in 2001 agreed to a cease-fire to make way for formal peace negotiations.

Clashes flared 13 days after the Supreme Court on Aug. 4 stopped the signing of a Memorandum of Agreement on Ancestral Domain between the government and MILF chief negotiators, scheduled for the next day in Kuala Lumpur. Mindanao Christian officials, leaders of indigenous groups, legislators, the Church and residents protested that details of the agreement, which would affect them, had not been made known.

The agreement concerns land and maritime resources to be designated as part of an autonomous Bangsamoro Juridical Entity (BJE), pending approval in a plebiscite one year after the signing of the agreement. It calls for the signing of a "Comprehensive Compact" to provide a political structure and system of governance for the BJE, which is to have executive, legislative, judicial and administrative institutions.

Castro noted police personnel were positioned as close as 100 meters from the cathedral. "We cannot afford to be complacent at a time when the peace situation is uncertain," he said.
At the ordination, Bishop Nacua acknowledged the "tense" security situation and thanked people "for coming here to witness my ordination amid rumors of war."

Wilfredo Ampong, a government employee and former seminarian, observed the turnout was "thin" compared to last September's installation of Bishop Julius Tonel to head the prelature. "This could be due to the tension," Ampong told UCA News.

Nevertheless, Bishop Nacua's supporters were enthusiastic.

Brother Rosauro Gonzales from General Santos City, southeast of Ipil, told UCA News he was "very happy to witness" his fellow Capuchin's ordination.

Margarita Francisco, a member of the Ipil parish council, told UCA News that "despite threats," she shared the "happiness" of the rest of the Catholic community in welcoming the new bishop.
Bishop Nacua was born on January 5, 1945, in Mankayan town, Benguet province, northwest of Manila. He studied philosophy in India and theology in Spain before being ordained a priest on June 26, 1971.

Between then and 1986, he served in Philippine seminaries. He was appointed Capuchin Philippines provincial in 1994 and served in his order's international council 2000-2006 as counselor for the Capuchins in Asia.

He is scheduled to be installed in Ilagan on September 9.

The Capuchins have 45 priests and 12 brothers working in seven parishes, 13 missions and two schools in nine dioceses in the Philippines. There are now six Filipino Capuchins working overseas, mostly in western Asia.

President Arroyo Blamed For Bungled Deal With MILF Rebels

ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 30, 2008) - Philippine opposition on Saturday blamed President Gloria Arroyo for the bungled homeland deal with the country’s largest Muslim rebel group, the Moro Islamic Liberation Front.

“President Gloria Macapagal Arroyo must answer for the mess created by this 'memorandum of disagreement.' Her lack of transparency, her unwillingness to do broad consultation with all stakeholders and failure to deal with Moros in good faith are the root causes of the tension and war now plaguing Mindanao,” Adel Tamano, a spokesman for the United Opposition (UNO), said in Zamboanga City.

Tamano said he will speak with law students of the state-run Western Mindanao State University (WMSU) here later today.

“I have decided to come to Zamboanga City to attend a function at the Western Mindanao State University despite threats to my person due to my opposition to the MOA-AD,” Tamano said.

Tamano revealed that he has been receiving a number of death threats apparently for his opposition to the Memorandum of Agreement on Ancestral Domain (MOA-AD) that the government peace panel was supposed to have forged with the MILF.

Tamano said the way forward for Mindanao is not separation of Muslim and Christians, but rather through inter-faith dialogue and integration with justice.

“It is an advocacy squarely at odds with the MOA. While the MOA sees to create a separate state for Moros, I cannot help but ask why is it that in other progressive countries, peoples of different creeds, religion and races can come together as one nation yet GMA's (Gloria Macapagal Arroyo) administration answer to the peace problem is to separate Muslims and Christian Filipinos by creating a separate state called Bangsamoro Juridical Entity (BJE),” Tamano said.

4 Soldiers Killed, 10 Wounded In Rebel Attack In Sulu Province

ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 30, 2008) – Four government soldiers were killed and ten more wounded in a clash Saturday with suspected rebels in the southern Philippine province of Sulu, officials said.

“Four of our soldiers are dead in the fighting. Ten more are wounded and operation is going in the area,” Army Maj. Eugene Batara, a spokesman for the Western Mindanao Command, told reporters.

He said gunmen attacked a military patrol at around 7 a.m. in Bonbon village in Patikul town, sparking a running gun battle that lasted for ten minutes. No group claimed responsibility for the attack, but the town is a known lair of the militant group Abu Sayyaf, blamed for previous attacks on soldiers and civilians.

Batara said the gunmen used small weapons and mortars in attacking the soldiers.

“We suspect the Abu Sayyaf was involved in the attack,” Batara said, adding, an undetermined number of gunmen were believed killed or wounded in the clash.

The attack came two days after soldiers and provincial government officials inaugurated various development and infrastructure projects in Patikul town.

Four artesian wells have been handed over to local officials in the villages of Timpook, Taung, Tanum, and Liang and a new school building in the village of Bonbon and two road projects in Liang and Bud Datu, all in Patikul. (Mindanao Examiner)

Friday, August 29, 2008

Philippines: Economic Growth At Slowest In Three Years

MANILA, PHILIPPINES (August 29, 2008) - Philippine economic growth in the second quarter slowed to its lowest rate in three years as higher inflation hurt consumption and mining output contracted, the government said.

Gross domestic product in April-June quarter grew 4.6% from the same quarter a year ago. Growth in the first quarter was revised to 4.7% from an earlier 5.2%. GDP growth in the second quarter of 2007 was a much stronger 8.3%.

The "uninspiring growth" in the country's economy was driven the the relatively strong performance of manufacturing, agriculture and construction, the National Statistics and Coordinating Board said in a statement.

But overall economic growth _ the slowest since 4.4% in the first quarter of 2005 _ was clipped by an 18.5% contraction in the mining and quarrying sector, as well as sluggishness in services, the linchpin of the economy with a 49.2% share of total GDP.

"Achieving the full year target will be a tough challenge as we continue to face high food and oil prices," said Socio-economic Planning Secretary Ralph Rector.

But he said tightness of the global economy is somewhat easing and inflation is also expected to taper in the latter months of 2008. Recto said to achieve the growth target of 5.5%, the economy has to grow by 6.4% in the second half of the year.

Services rose 4.3% for the second quarter from 8.4% for the same period last year. That was its lowest rise since the third quarter of 2001.

Agriculture accelerated by 4.9% in the quarter compared to 4.2% last year. Exports rose 7.7% from 4.9% last year.

Strong remittances from overseas workers boosted income from abroad, which went up by 14.1%_ still slower than its 25.3% rise last year, the NSCB said.

Consumer spending growth slackened to 3.4% from 5.6% a year ago due to high prices, while government spending shrank 5.1% from a 11.9% gain last year.

Girl Who Saw How Soldiers Abused Boy Is Herself Under Threat In Southern Philippines

DAVAO CITY, Philippines (Mindanao Examiner / August 29, 2008) – Two Philippine Air Force soldiers accused of maltreating a boy have allegedly threatened a witness to the crime in Davao City in Mindanao.

The family of a ten-year old girl, who witnessed how the soldiers burned the boy with cigarettes, has sought police protection. They claimed the two soldiers - Sgt. Manuel Doria and A2C Rex Dimaculangan – allegedly threatened to detain the girl if she testifies in court against them.

Police said the two servicemen were charged with slight physical injuries at a local court. It said the victim’s family accused the soldiers of torturing the six-year old boy on July 14 while he was playing near the air force base. The soldiers were drank when the incident happened.

Human rights advocates urged the military to dismiss the two abusive soldiers and for Mayor Rodrigo Duterte and Rep. Prospero Nograles to act on the welfare and safety of both the victim and the witness. (Romy Bwaga)

Photo: Ameril Kato And Abdurahman Macapaar And The Children Of War In Mindanao







Children help their parents in harvesting rice Friday, August 29, 2008 in Talayan town in southern Philippines’ Maguindanao province, where military forces are pursuing hundreds of rogue Moro rebels under Ameril Kato and Abdurahman Macapaar who led a series of attacks in the provinces. Authorities have distributed wanted posters of the two rebel leaders. (Mindanao Examiner Photo / Mark Navales)

PHILIPPINES: Court Orders Release Of Falsely Charged Activists

PHILIPPINES: Court orders release of falsely charged activists

ISSUES: Torture; human rights defenders; right to liberty and security; right to justice; political detainees; arbitrary arrest and detention; administration of justice.

Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the five persons, three of whom are activists, illegally arrested and falsely charged in April 2006, were released on August 28, 2008. The court hearing their case dismissed the charges filed against them. We are also reproducing a copy of the decision.

UPDATED INFORMATION:

As we reported in our previous appeal (AHRC-UAU-041-2008, UA-143-2006), Riel Custodio, Alejandro Pinpin, Enrico Ybanez, Michael Masayes and Aristides Sarmiento, were charged with Rebellion before the Regional Trial Court (RTC), Branch 18 in Tagaytay City.

Although the court issued its decision on August 20, it was only yesterday afternoon (the 28th) that the detainees were released from police detention. Also, it was only yesterday morning that their relatives were informed of the court's decision. (Please see the original or only word version)In the court's ruling, Regional Trial Court (RTC) Judge Edwin Larida Jr., rejected the prosecutors argument they should be able to pursue the prosecution of the detainees for a crime of Rebellion for possessing alleged subversive documents when police arrested them on 28 April 2006.

The court ruled it cannot allow the indictment for Rebellion by using the alleged subversive documents as their evidence. Subversion is no longer a criminal offense in the Philippines; thus, the detainees cannot be prosecuted for Rebellion by using the evidence of possessing subversive documents.

While we welcome the dropping of charges and release of the detainees, it is also extremely important that the police officers and other security forces who are responsible for illegally arresting the detainees and for torturing them while they were in their custody should be held to account.

It may be recalled that on May 14 of this year, the Commission on Human Rights of the Philippines (CHRP) in Quezon City, concluded, after conducting their investigation into allegations of torture and other human rights violations, that the rights of the detainees had been violated. The CHR's findings should be given meaning by prosecuting those involved and affording compensation to victims.

The AHRC thanks all those who supported this appeal, in addition to the strenuous work the detainees' families, their legal counsels and persons helping them had been doing, by continuously drawing the concerned government's attention to the plight of the five detainees.

We are also sharing to you the message we have received today from Laura Sarmiento, wife of Aristides, who is among the detainees;"Yesterday indeed was a very good day. After we got the information in the morning that the judge had dismissed the rebellion charges against them, Aris, Axel, Riel, Rico and Michael finally walked out of prison yesterday afternoon after having been ordered released by the court. We are going to send a longer acknowledgement of appreciation to all who supported the campaign for their release in the next few days."

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Rumors Of Impending MILF Attacks Send Zamboanga Residents Into Panic

ZAMBOANGA CITY, Philippines (Mindanao Examiner / August 29, 2008) – Villagers in the southern Philippine city of Zamboanga were thrown into panic after reports spread that Muslim rebels would launch an attack.

Television news pictures showed residents, many of them carrying bags of clothes, as police prowl cars and a military armored vehicle patrolled the village of San Roque late Thursday.

They said cell phone text messages warned them that Moro Islamic Liberation Front rebels would mount attacks in the village. But soldiers and policemen who rushed to the scene found no signs of any rebels or that an attack was imminent.

Text messages have been circulating in Zamboanga City about impending MILF attacks after residents staged a huge a rally against the inclusion of at least six Muslim enclaves here in the ancestral domain deal between Manila and the MILF, which are currently holding peace talks.

The Zamboanga City Council on Thursday also tagged two rogue MILF leaders, Ameril Kato and Abdurahman Macapaar, as terrorists after they led a series of attacks recently in the North Cotabato, Lanao del Norte and Sarangani provinces.

Security forces have been pursing the two rebel commanders in Mindanao.North Cotabato also urged President Gloria Arroyo to declare the MILF a terrorist group. Both Zamboanga City and North Cotabato are included in the proposed Muslim homeland deal.

Manila on Friday said it has abandoned the homeland deal with the MILF, but would still pursue peace talks with the rebel group.

Government and rebel peace negotiators last month have initially signed the memorandum of agreement on the ancestral domain. But the Supreme Court stopped the signing of the deal after some lawmakers and politicians opposed to the accord filed separate petitions, saying, there were no public consultations.

The accord would have granted Muslims their own homeland in more than 700 villages across Mindanao, but the deal also sparked a series of protests from politicians and residents opposed to the inclusion of their areas to the agreement that will make up the so-called Bangsamoro Juridical Entity. (Mindanao Examiner)

Halal Board Holds Meeting With Poultry, Food Firms In Mindanao

CAGAYAN DE ORO CITY, Philippines (Mindanao Examiner / August 27, 2008) - Aware of the huge market potential of Halal products here and abroad, the Muslim Mindanao Halal Certifying Board, Inc. (MMHCBI) met with the Northern Mindanao Poultry Growers' Association in Cagayan de Oro City in compliance with the Philippine Halal Standards in food and non-products preparation.

Ustadz Esmael Ebrahim, spokesperson for the MMHCBI, said the Philippines' Halal certifying body, which is based in the Autonomous Region in Muslim Mindanao, also conducted a briefing with the representatives of prominent industry trademarks on the religious and technical aspects of producing Halal foods.

He said those who attended the meeting were members of the Mindanao Poultry Growers' Association, particularly the San Miguel Corporation's sister company Magnolia, Swift, Bounty-Agro Ventures, Inc. Fresh and Vista de Rio Farms.

Food companies have sought to enrich their technologies' research and development for a market expansion that has to have strict compliance with the Philippine Halal Products Standards. By doing so, they are aiming for a fair share in the global Halal market, now worth $ 150 billion in international food trade statistics.

Poultry production is fast becoming an investment opportunity in the BIMP-EAGA, the ARMM, and in other parts of the country. Muslim countries, such as those in the Middle East, have a high demand for Halal products, meaning those that are processed in accordance with Islamic laws and tradition.

Getting a Halal certification from the MMHCB for both food and non-food products like cosmetics, pharmaceuticals, among others, will benefit both Muslims and non-Muslims alike, as this means that the said products comply with international standards.

These standards are: HACCP (Hazard Analysis Critical Control for Products); GMP (Good Manufacturing Practices, both prerequisite BFAD certification) and ISO (International Standardization Organization).

The MMHCBI, which crafted the Philippine Halal Products Standards, is composed of five muftis (Guardians of House of Opinion) of the ARMM provinces and food technologists, chemists, nutritionists and scientists highly-respected in their fields of expertise on both the Islamic Sharia law and food science.

The Local Governance Support Program in the ARMM (LGSPA) has aided the MMHCBI in numerous areas of capacity-building and institutional linkages, resulting among others to the crafting of the Philippine Halal Standards and its acceptance by Muslim religious authorities and food experts here and abroad. LGSPA is the capacity-building program of the Canadian International Development Agency (CIDA).

The MMHCB has also had the recognition of its equally reputable counterparts in Malaysia and Thailand with which it had entered into memorandums of understanding and agreements for a continuing working cooperation.

Ebrahim said the meeting, convened by the Mindanao Economic Development Council (MEDCo), was also attended by officials and representatives of the Department of Trade and Industry in the ARMM, the Department of Agriculture and Food in ARMM; the ARMM Regional Board of Investment, and national officials of the Department of Agriculture, the National Coordinator for Philippine Halal Industry Development and MEDCo officials.

With its aim to enable the country to get a share from the huge global market for Halal, the meeting was organized by the Department of Agriculture (DA) in Region 10, through DA Region 12 Assistant Director Ismael Mustapfa, the government's National Coordinator for its Halal Industry Development Program. (N.Maulana)

New Projects Inagurated In Sulu Province


Philippine Marines Maj. Gen. Juancho Sabban and Sulu Gov. Sakur Tan during the inauguration of various development projects in the Sulu province. (Philippine Marines Photos)
SULU, Philippines (Mindanao Examiner / August 29, 2008) – Philippine and United States soldiers have finished various development and infrastructure projects in the southern Sulu province, officials said Friday.

Officials said the projects, which were inaugurated Thursday, are part of joint undertakings with the Sulu provincial government and will benefit the civilians in the town of Patikul.

Maj. Gen. Juancho Sabban, a Filipino marine commander, said four artesian wells have been handed to local officials in the villages of Timpook, Taung, Tanum, and Liang, all in Patikul town.

Aside from the wells, military and provincial officials, led by Gov. Sakur Tan, also inaugurated a new school building in the village of Bonbon and two road projects in Liang and Bud Datu, also in Patikul.

“The inaugurations are the result of successful unity of efforts among the Joint Task Force Comet, Joint Special Operations Task Force-Philippines and the Provincial government in accomplishing these humanitarian goals,” Sabban said.

Sabban said while development is the primary responsibility of the local government, there is growing recognition on the significant benefits derived from partnership and teamwork in the delivery of basic services to the people.

“We believe in a teamwork approach in fulfilling the aspirations of our people towards access to basic necessities. The people’s welfare has always been our top priority, and is one to which the military has devoted time and energy.”

“The local government officials deserve commendation for their unrelenting support. And though there are still a variety of development challenges, we are very certain that we can brave the odds with everyone’s continued cooperation,” Sabban said.

Tan, for his part, said he would continue supporting various military humanitarian activities. “We will support efforts of the military, both from the Philippines and the United States, to bring about change and hope for brighter future through humanitarian activities and infrastructure and development projects across Sulu. With the cooperation of the people, we are sure Sulu will be one of the peaceful places in southern Philippines,” he said.

The provincial government, Tan said, has lined up various development projects in mostly poor areas in Sulu’s 19 towns. In April, Tan funded the construction of at least 50 bamboo houses, worth over P26,500 each, for poor Badjao families in Tandu Bato in Luuk town.

The project called “Operation Kandili – Preserving a unique culture through providing homes for the Badjao,” is a partnership between the Philippine Marines and the Sulu provincial government.
At least 50 more bamboo houses in Luuk town will be constructed soon, including basketball courts in the villages and Tan pledged to release more funding for education and poverty alleviation programs.

”We have been funding and implementing a lot of projects in Sulu and all these are part of our peace and development programs. We want a culture of peace and this can be achieved through education and basic infrastructure projects and with the participation of course, of the people themselves,” he said.

The US military was also represented by Maj. Joseph Mouer. (Mindanao Examiner)

Philippines Abandons Homeland Deal With Muslim Rebels

MANILA, Philippines (Mindanao Examiner / August 29, 2008) – Manila on Friday said it is abandoning the homeland deal with the Moro Islamic Liberation Front, but would still pursue peace talks with the Philippine’s largest Muslim rebel group, officials said.

Government and rebel peace negotiators last month have initially signed the memorandum of agreement on the ancestral domain. But the Supreme Court stopped the signing of the deal after some lawmakers and politicians opposed to the accord filed separate petitions, saying, there were no public consultations.

The accord would have granted Muslims their own homeland in more than 700 villages across Mindanao, but the deal also sparked a series of protests from politicians and residents opposed to the inclusion of their areas to the agreement that will make up the so-called Bangsamoro Juridical Entity.

President Gloria Arroyo, who opened peace talks with the MILF in 2001, has shifted in the basic premise of the government's peace effort after hundreds of rebels under Ameril Kato and Abdurahman Macapaar led a series of attacks in the provinces in Mindanao that killed dozens of civilians.

“The focus of our talks shall shift from the armed groups to the communities. The parameters governing our negotiations shall be a balance between the constitutionality and public sentiment,” Arroyo said.

Arroyo said the change in the government's approach to end the Mindanao conflict was prompted by the atrocities committed by the MILF attacks.

Hermogenes Esperon, the presidential peace adviser, said the government will longer sign the ancestral domain deal. “We will not sign the memorandum of agreement on the ancestral domain, but will continue with further negotiations with the MILF to arrive at final peace deal,” he told the Mindanao Examiner.

Esperon earlier said the ancestral domain deal is not self-executing and that there is a need for future discussions as peace negotiators frame the comprehensive peace agreement.
The MILF said it will not anymore negotiate the ancestral domain agreement because peace negotiators have already initialed the deal.
“It is already a done deal and we have been saying this all the time. We will not revisit or renegotiate the agreement on the ancestral domain,” Eid Kabalu, a senior MILF leader, said in a separate interview.

Kabalu said the MILF leadership will have to decide what steps to take after Manila abandoned the Muslim homeland deal. “It is really unfortunate that the Philippine government again reneged on the ancestral domain deal which is the product of long and arduous work of the peace negotiators,” he said.

He said the MILF will not abandon its fight for self-determination. “Our right to self-determination is non-negotiable,” he said. Last year, peace talks also stalled after government negotiators approved the Muslim homeland deal only to reneged it later.

Esperon said granting of independence is not and never was the intent of peace talks. He said it was the same position made by President Gloria Arroyo in her May 6 letter to Malaysian Prime Minister Abdullah Badawi when the government peace panel and MILF were discussing the peace process.

Government peace negotiators and Arroyo's political allies have earlier proposed to amend the Constitution to change the system of government from presidential to parliamentary or federalism to allow the MILF to have a separate state.

Militant groups and political activists have repeatedly accused Arroyo of using the peace talks with the MILF to amend the Constitution and eventually prolong her to stay into power.

Under the presidential form of government, Arroyo is allowed only one six-year term. In the charter change proposal suggested by her political allies who dominate Congress, she can be elected as prime minister should Congress dissolve the Senate and change the system of government to parliamentary and eventually prolong her into power beyond 2010.

Arroyo deposed President Joseph Estrada in a people power revolution in 2001, but corruption scandals in her government and allegations of poll fraud in 2004 has made her extremely unpopular among many Filipinos.

Manila’s announcement coincided with fresh government assaults on suspected rebel strongholds in Maguindanao and Lanao del Norte provinces, where security forces are pursuing the groups of Kato and Macapaar.

Kabalu said military forces fired cannons and rockets and bombed MILF targets in the provinces in the guise of pursuing the two rogue rebel leaders. “They are attacking us and MILF forces have been ordered to defend themselves,” he said.

Lt. Col. Julieto Ando, a spokesman for the Army’s 6th Infantry Division, said the assaults targeted rogue rebels. “This is a punitive action against rogue MILF members and this operation will continue until Kato and Macapaar are captured,” he said.

Manila demanded the MILF to surrender peacefully the two rogue commanders, now wanted by authorities, to face trial over the killings of civilians in the provinces of North Cotabato, Lanao del Norte, Sarangani, Sultan Kudarat and Maguindanao where rebel forces pillaged villages. Rebels launched the attacks after the aborted signing of the controversial ancestral domain agreement.
The influential Organization of the Islamic Conference condemned the rebel attacks. (Mindanao Examiner)

Thursday, August 28, 2008

An Open Letter To Gloria Arroyo On Press Freedom

President Gloria Arroyo
Madame President:

You have warned against those who exercise press freedom without responsibility.

In a recent speech during the centennial celebration of “The Free Press” magazine, you declared:"Freedom in the hands of such as these, who want the freedom without the responsibility, degenerates into a callous license to aspire to little more than gossipy headlines and inflated circulation numbers, no matter what cost must be paid in the debasement of public discourse."

I find it very disturbing that the President of a democratic government will make this kind of warning particularly in the context of the current environment in which Filipino journalists have to operate.

From the first days of your administration, you have consistently taken steps to tighten the government's hold on information and limit public scrutiny of its activities.

For a few years, the Philippines had been tagged the “most murderous” country for journalists and international press freedom organizations still consider it the second most dangerous country next to war-torn Iraq.

Madame President, it is good to remember what Walter Lippmann, the 20th century American columnist said;"A free press is not a privilege, but an organic necessity in a great society."

In fact, it is your obligation as our leader to reassure our journalists that debate on public issues should be robust and wide open, and that it may well include vehement, caustic and sometimes unpleasant sharp attacks on government and public officials. That’s the essence of a true democracy!

"The basis of our government being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers, or newspapers without government, I should not hesitate a moment to prefer the latter." (Thomas Jefferson, 1787)

Is that asking too much from an administration that is so obsessed with secrecy?

Sincerely,

Las Operaciones Militares Contra Los Rebeldes Del Frente Moro De Liberación Islámica No Se Suspenderán Durante El mes De Ramadán

MANILA (Diario de Manila / 28 de agosto de 2008) - Las operaciones militares que se llevan a cabo en el sur de Filipinas contra los jefes rebeldes del Frente Moro de Liberación Islámica (FMLI) por el ataque a poblaciones cristianes y el asesinato de civiles proseguirán durante el mes de Ramadán, anunció hoy el Gobierno del país.

El objetivo es capturar a Umbra Kato y a Abdurahman Macapaar, alias Comandante Bravo, sobre quienes pesa una recompensa individual de cinco millones de pesos (108.681 dólares o 74.449 euros), indicó el ministro de la Presidencia, Eduardo Ermita, en su comparecencia semanal con los medios de comunicación.

Ermita apuntó que ambos insurgentes incendiaron hogares y asesinaron varios civiles inocentes, incluidos niños, mujeres y ancianos.

El FMLI se ha negado a entregar a los rebeldes, aunque se mostró dispuesto a negociar un castigo, y ha pedido el cese de las hostilidades.

La presidenta de Filipinas, Gloria Macapagal Arroyo, insistió la víspera en que siguen considerando válida la tregua que tenían con el FMLI y aseguró que mantienen intacto el compromiso con el proceso de paz entablado con esta organización musulmana separatista.

Los datos sobre las víctimas desde el comienzo de los ataques varía según las fuentes: el Consejo Nacional Coordinador de Desastres reconoce 55 muertos y 362.475 personas desplazadas, de las que 156.059 son atendidas en centros de evacuados.

El Ejército de Filipinas ha anunciado durante estas tres semanas de enfrentamientos más de 180 muertos, entre soldados, rebeldes y civiles.

A instancias de Manila, un oficial malasio llegará al país este fin de semana para tratar de restablecer las conversaciones de paz entre el Gobierno y el FMLI.

El conflicto actual estalló después de que el Tribunal Supremo, el 5 de agosto, detuviese la firma oficial de un memorando de entendimiento entre ambas partes sobre el apartado de las tierras ancestrales, que trata del territorio de la nueva autonomía y sus atribuciones.

El capitulo de las tierras ancestrales, cuyo borrador el Gobierno ahora se niega a firmar y pide una renegociación, cierra los tres bloques en los que se dividieron las negociaciones de paz.

Photo: Fort Pilar In Zamboanga City


The image of the Virgin Mary at the Fort Pilar Shrine in Zamboanga City in the southern Philippines. Zamboanga, originally named "Jambangan," had been under Spanish rule in the past and was also used as a base for American soldiers. The city is also known as "Zamboanga Hermosa." The area around Zamboanga Peninsula has been occupied by indigenous people as early as 30,000 years ago. The first inhabitants were the Subanons and Lutaos and later, the Islamized ethnic groups of Samals, Bajaus, Tausugs, and Yakans. (Mindanao Examiner Photo)

Authorities Tighten Security In Davao City

DAVAO CITY, Philippines (Mindanao Examiner / August 28, 2008) – Police tightened security in Davao City on Thursday following the discovery of a homemade bomb near a school, officials said.

Police said the explosive, assembled from an 81mm mortar rocket, was found Wednesday afternoon abandoned near the Vicente Hizon Elementary School in Sasa district.

Chief Inspector Joselito Loriza, head of Sasa police force, said more policemen were deployed in schools and other public places as part of its heightened security.

Previous bombings in Davao City had been largely blamed to the Moro Islamic Liberation Front and the Indonesian terror group Jemaah Islamiya. (Romy Bwaga)

World Forum For Democratization In Asia Issues Statement On Mindanao Peace Process

Never give up on peace!

The Mindanao conflict has reached another crossroads in its long history.

After years of difficult negotiations, the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) reached a Memorandum of Agreement on Ancestral Domain (MOA-AD), which was intended to be a major breakthrough in the peace process.

However, the document raised both serious concerns as well as high expectations among various communities in Mindanao and Sulu, as well as the nation at large. The abortive signing, following the temporary restraining order (TRO) issued by the Supreme Court, then triggered local conflicts in two areas of Central Mindanao, raising tensions across the region.

In response, the World Forum for Democratization in Asia (WFDA) and the Global Partnership for the Prevention of Armed Conflict (GPPAC- SEA) sent a Solidarity Mission to Mindanao from August 24-28. Consisting of 11 international and 8 Filipino members, the mission met a wide variety of stakeholders in two regions. One team visited Central Mindanao, and the second Western Mindanao and Sulu.

As civil society organizations, we approached this mission based on two fundamental principles. First, we affirm all human rights for all peoples in Mindanao and Sulu, notably the right to self-determination of the Bangsamoro people as well as that of the indigenous peoples. Second, we reject all forms of violence, and insist on non-violent and democratic solutions to political conflict, as in the words of Nobel Peace Laureate and Burmese democracy leader Daw Aung San Suu Kyi: "It is no longer acceptable to resolve political disputes through the use of force."
The following are our initial findings and recommendations:

The specter of war hangs over Mindanao once again. Active hostilities have reignited in two areas in the heartland of the conflict, while most of the island, as well as the Sulu Archipelago, are still in a state of relative calm (despite ongoing military operations in Sulu, which sadly have become a part of life for the people there). However, tensions are rising, and the danger of expansion of the conflict is significant. Therefore, we call for urgent measures to contain the conflict, to prevent its spread or its transformation into a communal conflict. Among these, we may cite:

The extension of the International Monitoring Team (IMT), which has performed well up to the present crisis, and which even now is maintaining the ceasefire in most of its coverage area. Both the GRP and MILF should move immediately to invite the IMT to continue its work, rather than pulling out on August 31. Moreover, the IMT should if anything be strengthened in mandate and resources. For example, the IMT could play a key role in supervising an investigation into the recent outbreak of fighting in Central Mindanao.

Likewise, the Joint Coordination Committee for the Cessation of Hostilities (JCCCH) should also be maintained and strengthened. It is notable that the ceasefire continues to hold between the Armed Forces of the Philippines (AFP) and 14 of 17 MILF base commands, and the JCCCH is maintaining useful channels of communication between the two sides.

All combatants must adhere strictly to international humanitarian law (IHL). Both the MILF and AFP must implement effective enforcement measures, in order to ensure that impunity will not be allowed for any of their officers who violate IHL.

We view with extreme concern the arming of civilians, which is under way in at least some areas. Untrained and poorly organized civilians cannot meaningfully contribute to genuine security, but will only raise the risks of escalation of conflict. The duty to protect the populace lies with state institutions such as the AFP and the Philippines National Police (PNP).

Therefore, we call on the national government and local governments to cease as well as to publicly discourage any such arming. In this regard, we welcome the assurance of North Cotabato Vice Governor Emmanuel Pinol on August 27, reiterated publicly the same day, that he will not condone or allow any attacks by Christian vigilantes (ilaga) against Muslim civilians. At the same time, overt calls to "defend yourselves" muddle this otherwise positive message.
The debate over the MOA-AD has revealed the unacceptable and dangerous levels of prejudice and discrimination against the Moro people and the religion of Islam. This demonstrates the need for sensitive, nuanced, and culturally aware communication to deepen mutual understanding and also to recognize legitimate needs and rights.

Public figures, notably political leaders, must be much more restrained in their language, especially the use of inflammatory comments like "all-out war." Likewise, we call on all media, both national and international, to practice responsible journalism. We encourage media to accept their social responsibility as a crucial part of whole nation and important player in the democratization process. In a conflict situation, careless or sensational reporting can be a matter of life and death – editorial decisions cannot be made based on purely commercial considerations. We note with concern credible reports that images from previous periods of conflict have sometimes been used in coverage of the recent events.

With regard to the MOA- AD, there is clearly an urgent need for much more intensive consultations among all the affected communities. These consultations should not only explain the content of the MOA- AD, but also its historical context, and its implications for ordinary people's lives.

Finally, we are encouraged by the many civil society initiatives that are aimed at strengthening trust and understanding between all communities. Many of the civil society organizations that we visited are making heroic efforts to respond to the current crisis. We may specifically cite the initiative led by the Consortium of Bangsamoro Civil Society to translate and popularize the MOA- AD at the grassroots, the "Ginapaladtaka" group of barangays working to maintain communal harmony, and the leading role played by women in Sulu in promoting peace education and indigenous solutions to conflict resolution.

In conclusion, we reaffirm our solidarity with the all the peoples of Mindanao and Sulu, Christian Muslim, and Lumad. In particular, we are inspired by courage of the victims of the conflict, the women, children, and powerless members of society who, in the face of so many difficulties, have not given up the hope for peace. In their honor, we will continue to work together with our dedicated partners in the Philippines and around the region for genuine and sustainable peace, democracy, and human rights.

Davao Officials Allay Fears Of Contamination, Poisoning After Plane Crashed At Sea

DAVAO CITY, Philippines (Mindanao Examiner / August 28, 2008) – Local officials on Thursday allayed fears of poisoning after a Philippine Air Force C130 cargo plane crashed at sea off Davao City.

Local council man Leonardo Avila said even fishes are safe for human consumption as the military continued searching for the ill-fated aircraft that went down on shortly after take off late Monday at the Davao City International Airport, killing all 9 passengers.

Avila, chairman of the City Council’s committee on environment, said no oil spill or contamination also was noticed from the site where the plane crashed. “If it is an oil tanker, then have something to fear about,” he said.

Divers and villagers have recovered body parts and debris of the plane, but Avila said there were no reports that fishes have eaten human flesh.

Col. Isagani Silva, commander of the Philippine Air Force Tactical Operations Group-11, said they are still investigating what caused the tragedy.

Witnesses claimed to have seen the plane crashed after a lightning strike, but Silva said the air craft had a lightning arrester, a device which is connected in an electric wiring system to protect the system from damage from lightning or any other abnormally high surge of voltage.

“The lightning rod attached to the aircraft will protect the airplane if it is hit by lightning,” Silva said.

”We are also looking into human error, mechanical troubles and other angles as cause of the crash,” he said.

Philippine Air Force chief Lt. Gen. Pedrito Cadungog said the aircraft was piloted by Captain Adrian de Dios and Major Manuel Sambrano and was carrying seven crewmen and on their way to Iloilo province in central Philippines to pick up members of the Presidential Security Group after Monday's visit by President Gloria Arroyo.

The Philippine Air Force has only two ageing C130 aircrafts in their fleet of mostly old OV-10 fighter planes and UH-1H helicopters. (Romy Bwaga)

Philippines Fail To Improve Human Rights Records

HUMAN RIGHTS COUNCIL
Ninth session
Written statement submitted by the Asian Legal Resource Centre (ALRC), a non-governmental organization with general consultative status.

PHILIPPINES: The failure to implement the Human Rights Council’s key recommendations concerning extra-judicial killings.

During its Universal Periodic Review, on April 11, 2008, the representative of the government of the Philippines expressed "its commitment as a human rights defender to protect the rights of all its citizens, and to observe the Universal Declaration of Human Rights." The Asian Legal Resource Centre (ALRC) recalls that Article 3 of the Declaration states that, "everyone has the right to life, liberty and security of person." Additionally, it states under Article 8 that, "everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."

Similarly, Article 2 of the ICCPR, to which the Philippines is party, states that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity."
However, the ALRC has seen no evidence that the Philippines is making any good-faith attempts to take action that will ensure that victims of even the gravest human rights abuses are being provided with effective remedy.

This is evidenced by the lack of effective, independent investigations into the hundreds of extra-judicial killings and forced disappearances reported since 2001. Without effective investigations there cannot be prosecutions that result in those responsible being brought to justice or the provision of effective remedies to the victims or their families.

The representative of the Philippines promised "to maintain the momentum on addressing killings of activists and media professionals." The ALRC is not aware of any real momentum or actions concerning these violations, other than the ongoing political and diplomatic efforts by the authorities to save face and side-step their responsibilities under international law.

The ALRC welcomes the significant drop in killings that have followed the increased international pressure on the government of the Philippines, but remains concerned that killings and forced disappearances and that the perpetrators of these grave abuses remain free and capable of resuming the killings again, unless brought to justice. The fact that the killings dropped at the same time as international pressure was being applied clearly indicates that State-agents are involved in these abuses.

This was also highlighted by the Special Rapporteur on extra-judicial killings, Professor Philip Alston, in his report to the Council, in which he noted that "the military is in a state of denial concerning the numerous extra-judicial executions in which its soldiers are implicated." Since this report was presented, there have been no improvements to the situation with regard to investigations and prosecutions.

Following his visit to the country in February 2007, Philip Alston made a series of initial recommendations, which were followed by further recommendations in his report. Despite claims by the government that it would take concrete action, these recommendations are not being implemented, allowing impunity to be enjoyed by those responsible for the killings.
Furthermore, during the Universal Periodic Review process, a number of comments and recommendations were made concerning the killings and other grave rights abuses.

Canada stressed its concern about how few convictions there have been. France expressed concern about the low number of resolved cases and asked for evidence of follow-up and implementations of the Special Rapporteur’s recommendations, as did Australia, Brazil, the Netherlands, Norway and the United Kingdom. Switzerland recommended that the Philippines intensify its efforts to carry out investigations and prosecutions on extra-judicial killings and punish those responsible, and suggested that the witness protection programme should be strengthened.

It also recommended that the Philippines address the root causes of this issue in the context of the appropriate reforms of the judiciary and the security forces. The United States also asked the Philippines for information on actions being taken to address extra-judicial killings and to ensure the prosecution and conviction of perpetrators.

The representative of the Holy See called on the government of the Philippines to completely eliminate torture and extra-judicial killings.
Another significant problem has been the continuing surge of vigilante killings this year in Davao City as well as General Santos, Tagum and Cagayan de Oro cities in Southern Philippines.

The continuing climate of impunity concerning extra-judicial killings is clearly a factor enabling this upsurge of violence. This phenomenon has previously been endemic in Davao City, prompting Professor Alston to recommend the "abolition of death squads" there. However, once again, the government is ignoring recommendations and has failed to intervene to stop the killings.

No improvement to witness protection mechanism

A key recommendation made by Professor Alston urges the provision of protection to witnesses and "all those who will be put at risk by an individual's testimony." The police have frequently used the lack of witnesses coming forward as an excuse for the lack of progress concerning investigations. For example, in Davoa City, Senior Superintendent Ramon Apolinario attempted to justify this failure, stating that "as long as we do not have the testimonies of the witnesses, we can never file formal charges." The lack of forensics and effective investigation techniques and political will are of greater significance, in reality.

Despite claims by the government during the UPR review that legislation for the strengthening of the Witness Protection programme was urgent, it is not moving forwards with any urgency. It is the police's constitutional obligation to ensure that the cases they are investigating are effectively prosecuted, including by providing interim protection to potential witnesses before they are covered by the witness protection programme. Their failure to do so is the prime cause of the lack of witnesses and therefore convictions.

A glaring lack of convictions

Other than the three persons that were convicted in October 2006 for the March 2005 murder of journalist Marlene Esperat, no other cases of extra-judicial or vigilante killings have resulted in convictions. It is reported that it was only because these three pleaded guilty to the murder charges that the convictions were possible. They were not the result of effective police investigations. The masterminds behind the killings remain at large.

Aside from the Esperat case, none of the 139 cases of extra-judicial killings of social activists that the ALRC has documented between January 2003 and November 2007 (and submitted as part of its UPR submission) have resulted in convictions. Furthermore, concerning the killings of 42 persons, including women and children, by vigilantes in the country’s South since January 2008, none of the perpetrators have been identified, charged or prosecuted in court.

The witnesses, families of the dead and even NGOs there are too frightened to get involved. There is also lack of proper documentation concerning allegations of vigilante killings, in particular by the Commission on Human Rights of the Philippines (CHRP). Professor Alston recommended that the CHRP should issue a monthly report on the killings.

The ALRC's sister-organisation, the Asian Human Rights Commission (AHRC), has repeatedly appealed to CHRP Chairperson, Leila de Lima, for the CHRP to consistently investigate and document allegations of extra-judicial killings and other forms of arbitrary deprivation of life. However, no response has been received.

The lack of progress by Special Courts

Although the Supreme Court (SC) has reported that it had designated special courts to hear cases involving extra-judicial killings, the ALRC remains unaware of these courts ever being used. In effect, these courts may have been set up on paper, but have not functioned in reality.

Even if these special courts do exist, the failure to have charges or complaints filed against the perpetrators in court - which is a result of lack of witness and their protection - has made these special courts meaningless. If no charges are filed, there can never be prosecutions.
Designating special courts alone without addressing problems surrounding investigation and prosecution does not serve any real purpose. Perhaps this is what the authorities intended?

The Writ of Amparo being undermined

The SC's implementation of the Writ of Amparo, a judicial remedy which is supposedly to provide any person the judicial protection he requires once his life, security and liberty are threatened, was initially welcomed as providing a new avenue for security.

However, a series of rejections concerning petitions seeking issuance of the writ are undermining its credibility. According to a lawyers' group, the National Union of Peoples' Lawyers (NUPL), five of their petitions have been rejected by the Court of Appeals (CA), as the result of claims that the petitioners supposedly failed to produce "clear evidence" of "apparent or visible" threats to their lives. This judgment has unreasonably placed the burden of proof of threats on the person seeking protection.

The courts' judgment runs contrary to the intent of the writ, which concerns: "not a criminal action requiring proof beyond reasonable doubt, nor is it a civil or administrative proceeding, but a prerogative writ intended to protect human rights". On cases involving extra-judicial killings, it is extremely difficult for a victim experiencing threats to produced evidence sufficient to convince a court and threats are not made in a way that allows that.

Numerous activists have been killed following receiving threatening short messages service (SMS) and phone calls, amongst others. The police have typically accepted to record the incident, but have not taken any further action, often resulting in the activists being killed. The police investigators claim to have no means of investigating threats originating from mobile phones and identifying those making threats.

The Asian Legal Resource Centre (ALRC) therefore urges the Human Rights Council to ensure that the Philippines immediately implement the large number of recommendations that the UPR and Special Procedures have produced.

The government must make good on its pledges to the Council, notably as part of the UPR review, by going beyond the tactic of forever setting up new task forces and committees, and ensure actual, rapid and effective investigation and prosecution of cases, in line with its international obligations.

It should also issue a standing invitation to all Special Procedures, and sign and ratify the International Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

At present, the government’s claiming to be a human rights defender is convincing only the ill-informed.


Footnotes:

1 Please see UN document with reference: A/HRC/8/3/Add.22 Please see the initial recommendations in the document with reference: A/HRC/4/20/Add.3, and further recommendations in the report in A/HRC/8/3/Add.2.3 Information taken from the report of the UPR Working Group, A/HRC/8/28