Monitoring the war, & the peace process: anticipated SC decision on the peace agreement

 
photo by luwaran.com used here for non-commercial purposes
photo by luwaran.com used here for non-commercial purposes

      The hoops. The news sites abs-cbnnews.com and newsbreak.com.ph reported yesterday that,  according to their sources, the Supreme Court is “poised to dismiss” the petitions questioning the constitutionality of the memorandum of agreement on ancestral domain between the government and the MILF.       

       There are hoops that a party challenging the constitutionality of a law or an act has to jump through before the Supreme Court decides to pass upon such issue, BUT in the past, in certain cases, the Supreme Court has waived those prerequisites. In other words, this case could have gone either way, that is, it is arguable either way, that is, there are enough cases supporting either argument. (If there’s time this blog can enumerate what those cases are;  the parties to the petition can do the research for their MR, if the Newsbreak report is true; that is, if these cases weren’t pointed out earlier in the proceeding.) 

       These hoops have been raised  here as early as August 7, the first to raise it): “ripeness for adjudication”.  Here’s the link The Impending Judicial Review of the GRP-MILF MOA on Ancestral Domain: Requirements

 hate to say “i told you so” and  won’t, because, to be fair, there have been cases in the past when the Supreme Court had allowed a party to make the challenge, and as i said, (ang kulit ko), the petition could go / could have gone either way, ample cases in both direction.

        (oops have errands that need to be done before government offices close at 5pm.  Will be back.)

      In fact, such a dismissal is the least intrusive to any peace process,  or to all the peace talks and backchanelling going on right now between the GRP and the MILF, if any; or the GRP and the NDF, if any: such a decision does not yet traverse the issue of jurisdiction, that is, whether the issue is a political question or a justiciable issue; and allows the parties to learn their lessons and apply these to continue working for a negotiated political settlement of the war.

        It was a costly lesson, paid in blood  by families of those killed, and those displaced. As of this writing, there are still half a million internally displaced persons in the areas of conflict.

 

 

Monitoring the War. News flash: Armed men seize food aid in war-torn Sultan Kudarat

Photographer not named. Pakistanis Wait  in Line to Receive Food as Aid. Right-clicked from www.allposters.com, used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from said site.
Photographer not named. Pakistanis Wait in Line to Receive Food as Aid. Right-clicked from http://www.allposters.com, used here for educational, non-commercial purposes, free service by blog-use of image provided by and from said site.

From Reuters two hours ago at

 

 

 

 

 

 

 (Blog admin note: The news item is single-sourced; the sole source of the report of the incident itself is the PNP, and the blog admin has no way right now of verifying the identity of the armed group.)      

Quote “Rebels seize U.N. food supply in Philippine south

Quote “MANILA (Reuters) – Philippine Muslim guerrillas halted a United Nations convoy and seized food supplies intended for tens of thousands of people displaced by weeks of fighting on a southern island, police said on Friday.

 

    Quote “Joel Goltiao, regional police chief, said 20 rebels from the Moro Islamic Liberation Front (MILF) stopped on Tuesday a convoy of trucks sent by the U.N. World Food Program near a marshland area on Mindanao and took about 60 bags of rice.

 

       Quote “ “The rebels ordered the aid workers, at gunpoint, to transfer the shipment of food,” Goltiao said, adding the convoy initially thought the armed men on uniform were soldiers manning a checkpoint.

 

     Quote “A spokeswoman from the World Food Program told Reuters they were informed by the police about the incident, but the U.N. agency was still checking with its staff what really happened to the convoy.

 

      Quote “In a statement late on Thursday, the U.N. agencies said they remained committed to provide humanitarian relief assistance to conflict-affected communities in the south after another convoy was turned back by soldiers in another area last week for its failure to coordinate the food shipment.

 

     Quote “Describing it as an isolated case, the U.N. said in a statement it “has not experienced any difficulties or challenges in delivering food to the distribution centers”.

 

      Quote “Since August 11, the U.N. agencies had distributed more than 1,200 metric tons of rice to more than half a million people displaced by weeks of fighting in six southern provinces.   xxxxx” Closed-quote.

 

 

 

DO YOU REMEMBER? Almost one million driven from their homes. Documented Causes and Consequences of Estrada’s All-Out War Feb.-June 2000, excerpts from a conference paper of Sylvia Concepciòn, Larry Digal, Rufa Guiam, Romulo de la Rosa, Mara Stankovitch

Authored by Sylvia ConcepciònLarry DigalRufa GuiamRomulo de la RosaMara Stankovitch, “Breaking the links between economicsand conflict in Mindanao” , Presented at the ‘Waging Peace’ conference, ManilaDecember  2003. Downloaded from

 

 Breaking the links between economics and conflict in Mindanao

       
 
 
 
 
 
 

 

 

     

 (Photo by Larry Burrows. Refugee from the India China Border War with Her Child. Right-clicked from www.allposters.com, used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from said site.)

 

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Quote “1.2.8 The Estrada government: all-out war. At first, the policy of peace talks continued, but in 2000, following the takeover of a town hall in Lanao del Norte by the MILF in March, Estrada announced an all-out war. In April, the armed forces launched a military offensive against the MILF’s camps, including their main headquarters, Camp Abubakar. Many of the camps were in fact communities run by the MILF, and they housed a considerable number of civilians and civilian buildings: mosques, madrasahs and homes. They were treated as military targets and subjected to indiscriminate bombardment. The government declared victory over the MILF. The MILF responded by declaring a jihad against the government. The war was popular with the Christian population in the country at large. A series of violent incidents in Western Mindanao earlier in the year – including a mass kidnapping by the AbuSayyaf, who went on to kill some of their hostages – had provoked a public outcry and in its public statements the government bundled the MILF and its numerous supporters together with the small, explicitly anti-Christian Abu Sayyaf. But although opinion polls showed a majority in the Philippines as a whole backed the war effort, civil society in Mindanao was vocal in its opposition. Various reasons have been advanced for the new hard line against the MILF. Probably, different motives appealed to the different groups represented in Estrada’s cabinet. The chair of the government peace panel, Edgardo Batenga, said later that the military action was intended to correct a ‘blunder’ in the negotiations, when the government agreed to acknowledge seven of the46 camps the MILF claimed to have around Mindanao. The notion of acknowledging MILF-controlled territory was particularly unpopular with the military. President Estrada may also have seen a war against the Moros as a way to restore his own waning popularity. A former film actor famous for playing no-nonsense, tough guy roles, he had been elected by a landslide. But two years later, his administration had few achievements to its credit and rumours of corruption were emerging. The seven camps acknowledged by the government represented an area of 451,700 hectares of potential agricultural land, and included the oil and natural gas deposits of the Liguasan Marsh. In August 2000, a month after the fall of Camp Abubakar, Agrarian Reform Secretary Horacio Morales told reporters in Davao City that the government was considering development of Morolands, including those ravaged by the war, into cash crop plantations through joint ventures with foreign companies.This prompted speculation that the war had been launched to clear the way for plantations and for exploration of the marsh. It also raised fears among evacuees that they would be prevented from returning to their farms. Although the government captured the main MILF camps against little resistance, the Bangsa Moro Islamic Armed Forces (BIAF – the MILF’s army) emerged relatively intact and reverted to guerrilla warfare. However, losing the camps represented a significant blow to the MILF’s status, and is likely to have weakened the control of the leadership over its forces in the field. Meanwhile, a group of former MNLF fighters, claiming allegiance to the Abu Sayyaf, kidnapped a group of foreign tourists in the Malaysian resort of Sipadan, brought them to Sulu,and demanded huge sums in ransom. The saga of the hostage negotiations and subsequent kidnapping of reporters dominated international news coverage of the Philippines, eclipsing the larger-scale conflict in Central Mindanao. Once all the hostages but one (the only Filipino among them) were released, the armed forces launched a massive campaign against the Abu Sayyaf in Sulu, cutting the island off from the outside world and launching indiscriminate attacks in rural areas. Estrada also alienated the MNLF by creating a Mindanao Coordinating Council to manage infrastructure projects in the ARMM, thus usurping the role of the institutions set up under the FPA.1.2.9

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Quote “3.3 Displacement   

(Photo by Carl Mydans. Refugees Riding on Train at Chang Pa Ling Railroad Station. Right-clicked from www.allposters.com, used here for  educational, non-commercial purposes, free service by blog-use of image provided by and from said site.)

 

 

 

 

 

 

 

 

 

        Quote “Much of the direct cost of the war in 2000 was borne by displaced people. Previously, little precise data was available on the effects of war on the civilian population. In the early years of the conflict, the toll in deaths and injuries, and the scale of human rights violations and loss of livelihood, could only be estimated. The presence of local and international relief agencies in the affected areas in 2000 meant the immediate social and micro-economic impact of war was more closely monitored. According to a social assessment of conflict-affected areas carried out for the World Bank, fighting in Central and Western Mindanao and the ARMM displaced 932,000 people. (The figure includes those displaced in Sulu and Basilan as a result of Abu Sayyaf action and the government’s military response.)52Oxfam estimates that 85% of those affected by the conflict were Muslims, 17% Christiansand 7% were Lumad. In Basilan, displaced people tended to be Christians fleeing the Abu Sayyaf,but once government forces went after the Abu Sayyaf and Christians started to arm themselves, the pattern reversed. Most of the people who fled to evacuation centres in Central Mindanao were women and children. Some adult men in Muslim communities were MILF combatants. Others feared that government forces would suspect them of being MILF combatants, or feared conscription by the MILF, and went into hiding. Most of the evacuees were from farming families living in remote rural areas where input markets are monopolised by a few traders who are also the main source of credit for rice and corn production. Indebtedness is high. The immediate economic impact of the war was an income shock: incomes were lost when unharvested crops were abandoned, and when planting seasons passed by with workers unable to work their farms. In 58% of the displaced families interviewed for a survey by Oxfam in November 2000, the children had stopped going to school; 22% of families had borrowed money on interest, while 50%per cent had sold their productive assets and 21% had sold their farmland, house and land rights to buy food.53One direct consequence of the income shock was that loans advanced by traders could not be paid, and this may have affected the flow of credit. Before the war, two-thirds of the families inthe Muslim-dominated areas had used credit, but after the conflict, only one-half did. The average amount borrowed by internally displaced persons before the conflict was P2,394. This fell toP1,571 after the conflict.

      Quote “Farmers also lost their assets – farm animals and implements – when they fled. Carabaos were killed by stray bullets, died of starvation, or were slaughtered for food by the armed groups. The few farmers who brought their carabaos  when they fled eventually had to sell them to buy food for their families. In some cases, men exchanged productive assets for weapons with which to protect their families and property. The price of one firearm is equivalent to several months of a poor family’s  income. In times of peace, misfortunes such as sickness or loss of income rarely happen to all members of a community at the same time. But the conflict affected everyone, so mutual support systems could not operate. The number of people who earned incomes from farming increased after the conflicts, but average household income decreased. With households in desperate straits, women, children and elderly people were mobilised to earn an income. By November 2001, 90% of the displaced had returned to their homes or resettled elsewhere: many communities played host to displaced persons, and in Maguindanao datu-landowners as a class employed many displaced people as farm workers. Muslims found it harder to return home than did Christians once the fighting was over, partly because evacuation centres were further away from Muslim communities.Muslim communities in or near the MILF camps are particularly reluctant to return, given the continuing presence of the military and the high risk that conflict will resume. Those who do return will have to struggle with a lack of rural infrastructure. The government has sought to rebuild homes, but bridges, roads, madrasahs, state schools, water systems and health centres were also destroyed. People who have resettled in new communities are likely to find themselves on marginal land, possibly indebted to members of the host community. In some mixed communities, return to one’s place of origin may be difficult because of the fear and mistrust aroused by the conflict. Some neighbourhoods have become segregated, as Muslims moved to predominantly Muslim areas, and Christians to predominantly Christian ones to avoid attack. The tensions released by the war may be released again when neighbours meet again for the first time. Christian communities attacked by the MILF blame their Muslim neighbours ‘for not having warned them’. Some communities have armed themselves, and some Christian communities have asked government-backed paramilitary groups to help them defend themselves. In other mixed communities, however, Muslims and Christians have endeavoured to work together to overcome the tensions and the physical damage done by the conflict.

        Quote “543.4 The long-term effects of conflict. In the long term, one effect of war has been to exacerbate some of the factors that led to conflict in the first place. It seems there is a vicious circle where poverty, government neglect and dispossession lead to civil and political conflict, which in turn increases poverty, makes it harder to provide government services, and leads to further dispossession as people are displaced from their land. Meanwhile, other forms of violence – competition between warlord politicians, localised resource conflicts, blood feuds and criminal activities – go unchecked and the warring parties collude with their perpetrators. XXXX” closed-quote.