A Glimpse of the Human Rights Situation in Mindanaw & its Impact on the BangsaMoro

Daniel S. Conejar
Task Force Detainees of the Philippines2006

Devastating Wars
The past & present wars:

1997 (Total War) - leads to initial GRP-MILF Peace Talk
2000 (All-out-war) - The fall of Camp Abubakar
2003 (War on Terrorism)-In the pretext of running after renown terrorists in Maguindanao (Pikit & Liguasan Marsh)
2006 (All-out-war) – against the NPA & Muslim Insurgents & the recent Maguindanao war
…which spawned massive waves of human rights violations
The wars have caused the displacement of more than half million individuals.
Most evacuees have been displaced six times in a span of six years (2000-2006).

They have been subjected to gross human rights violations such as indiscriminate firing & shelling resulting to death, destruction of properties and displacement from their means of subsistence, torture, arbitrary arrest & detention and salvaging

Ustadz Abdulgani Pagao Asnalul Ajilul
Amil Hamja Ajilul
Asrin Salvin Sirhan Salvin Sawari Salvin
Samri Kamlon Wahab Ramalan
Sammy Gampong
Radzak Macarimbang Kusain Abedin
Ali Barabato Y. Rasuman Ismael Sarip
Datu “Jojo” Abubakar Kurais Talisanan
Omar Orat Abdulbasit Usman
Adaza Jamad Yunus Sahibol Anding
Islambuli Baginda Silbar Francisco
Abdulrahman Camili

TASK FORCE DETAINEES OF THE PHILIPPINES-MINDANAO
DOCUMENTED CASES OF HRV VICTIMS
FOR THE PERIOD FROM JANUARY – DECEMBER 2006
Summary:
No. of victims: 30 individuals
Cases:
Arrest and Detention : 14 cases w/ 20 victims
Murder : (2) cases w/ 2 victims
Torture : (6) cases w/ 11 victims
Abduction/Disappearance : 6 cases w/ 8 victims (1 surface dead)
Salvaging : 2 cases w/ 2 victims

Stark Realities

Political detention still exists in this so-called Philippine democracy The peoples’ right not to be subjected to arbitrary arrest and detention has, time and again, been discounted.
- From January 2006 to present, the Task Force Detainees of the Philippines (TFDP) in Mindanao has been able to document 14 cases of arbitrary arrest and detention which affected 20 individuals. There about 80 political prisoners and detainees locked in 26 detention centers Minda-wide. More than half of them are Moro and most are charged with heinous crimes instead of rebellion.

Mindanao remains to have most cases of torture.
- From January-June 2006, TFDP documented 6 cases of torture involving 11 victims bringing the total cases of torture documented since 2001 to 60 and number of victims to 138 in Mindanaw alone

Summary Execution has become widespread. Davao City remains the capital of summary execution in the Philippines.
- 700 cases of summary execution are mostly documented in Mindanaw. These are only tip of the iceberg if victims of lawlessness brought about by the constant war in Muslim Mindanao and extra-judicial killings against petty criminals perpetrated by local government leaders in the disguise of maintaining peace and order are added into the list.

Prompted by the failed ambush attempt against Gov. Ampatuan, the recent war in Maguindanao left more than 1,300 families homeless and hungry
n The opening salvo of government all-out-war against the NPA happened in Bukidnon displacing some 200 families

The recent spate of bombings in Mindanao blamed on the MILF has serious repercussions on the stalled GRP-MILF peace talks

Muslims as victims of both terrorists and government repressive laws and policies
- The saturation drives, branding of Muslims as usual suspects for terrorists without proof, witch-hunting against Balik-Islam & foreigners and their arrests and detention continues…
and are likely to rise as anti-terror law is to be passed in Congress.

There is prevailing culture of impunity reinforced by discrimination and the defects of the justice system. Seeking justice in the court of law remains a daunting challenge for so far no perpetrator of human rights violations has been meted out with justice since martial law.

Over-all Impact on the BangsaMoro People
- Decrease of control over resources (such as land)
-Remained passive, cynical and apolitical, boosting the culture of silence
-Loss faith in court to attain justice
-View human rights violations as their pre-destination and way of life
-Mistrust among each other

Conclusion

-Above all the evidences of human rights violations, anti-HR laws and various attempts in the past (introduction of ID System, Death penalty law, Mining Act, CPR, EO 464, EO 1017, etc.) to infringe on our civil and political rights enshrined in the Constitution, again, bring us back into the shadow of martial law and the prospect of another political crisis.

- Given the flaws in our justice system, the abuse of authority, impunity in the country and unsolved crimes, the emergence of another bill to address terrorism is compounding the issues. The right approach to the problem of terrorism is strengthening the mechanisms that would address crimes in the country and a demonstration that agents of the government are not immune from justice aside from knowing how acts of terrorism originate from the shackles of poverty and debt servicing where human rights are sacrificed. Who actually terrorizes and who are terrorized?


Call To Action


+Mobilize group and other groups to work for human rights and to campaign against the anti-hr bills and proclamations;

+Prepare and equip communities with human rights and para-legal education and introduce network of support for vulnerable sectors

+ Document hr violations

+ Continue to seek justice in the Court of law