mindanao ffm final result

8/14/2019 MINDANAO FFM Final Result

1/35

UNRAVELING STORIESOF HUMAN RIGHTSVIOLATIONS INLANAO DEL SUR,LANAO DEL NORTE,NORTH COTABATOANDMAGUINDANAO

(A Fact-Finding Mission Report)October12-22,2008

TaskForce

Civilian

Protection

(TFCP),

AlyansaNgMgaMamamayanParaSaKarapatangPantao

(AMKP)

MindanaoPeoplesPeaceMovement(MPPM)

andPhilippineAllianceofHumanRightsAdvocates(PAHRA)


2/35

2

I. EXECUTIVE SUMMARY

The Fact-finding Mission was conceptualized in order to gather first-hand information on the incidentsof war in Lanao del Norte, Lanao del Sur, Maguindanao, and North Cotabato provinces that wereattributed to the non-signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD)between the Government of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF). The

failure to sign the said agreement was due to the adverse reactions of the people, especially theChristian and Indigenous Peoples communities. The mission also aimed to document and validate casesof human rights violations and atrocities committed by the Armed Forces of the Philippines (AFP) andits para-military forces, and the Moro Islamic Liberation Front.

Said mission was organized by SALAM, Inc - Task Force Civilian Protection (TFCP), the Alyansa Ng MgaMamamayan Para Sa Karapatang Pantao (AMKP), the Mindanao Peoples Peace Movement (MPPM) andthe Philippine Alliance of Human Rights Advocates (PAHRA). There were fifty-two (52) participatingorganizations from the local and national levels, mostly members of the TFCP, AMKP, MPPM and PAHRAnetworks, represented by eighty (80) participants.

A press conference was held in Iligan City on October 12, 2008 to inform the public of the fact-findingmission to be conducted and its projection for continuity activities. Interviews were covered by TV and

radio networks in Iligan City and Cotabato City. Another press conference was organized on October21, 2008 to present the initial results of the fact-finding.

Simultaneous fact-finding activities were done in North Cotabato and Maguindanao areas, and in Lanaodel Sur, Lanao del Norte and Iligan City areas affected by war. In each area, participants were dividedinto teams to facilitate speedy data gathering and validation. Interviews and focus-group discussionswere used as the main forms of data gathering with and among the victims and survivors, the Localgovernment Units (LGUs) and concerned line agencies.

The fact-finding mission results would serve as basis to determine possible actions to respond to thesituation and to the needs of the affected communities. Long-term interventions of the serviceproviders would anchor on the results of the fact-finding.1

The war has affected thousands of helpless civilians. Thousands were displaced, and many werereportedly illegally arrested, tortured and killed. AFP and MILF operations had likewise causedtremendous damages to homes, farms and properties, and means of livelihood. The AFP establishedbases in schools and in civilian communities in Piagapo, Lanao del Sur and Mamasapano, Maguindanaoand camped in Masjid/Mosques, houses and integrated themselves into the communities. Mortarshelling, presence of landmines and indiscriminate firing were continuously done by the AFP in Muslimsareas. These were examples of human rights violations committed against the affected communities atlarge.

The war had furthermore resulted to psycho-emotional trauma of the victims, particularly women andchildren. It caused moral damages to victims of mutilation and arrest and detention. It interruptedthe normal functioning of the community in terms of livelihood of farmers, closure of some businessestablishments, and formal education of children. This affected the trust and harmonious relationshipbetween the Moro and Christian settlers. Vigilante groups were revived in Christian areas due to failure

of the AFP to protect the civilians.

In evacuation centers, the Internally Displaced Persons and Communities (IDPs) were not yet able toreturn to their respective home due to continuous militarization and the inability of the government tosecure the people and their means of livelihood and to take a serious effort in attaining a genuinepeace for Mindanao. Outbreak of diseases, malnutrition and death were already occurring inevacuation centers due to congestion, sanitation, lack of food supply and flimsy shelters which offer no

1 Annex A Concept Paper and Rationale of the Fact-Finding Mission.


3/35

3

ample protection against the extreme heat during the day and cold at night. Furthermore, the lack ofpotable water, insufficient relief goods and medical assistance added to the deplorable situation of theIDPs.

In the Christian populated communities of Mamasapano, Maguindanao and in Lanao del Norte, the MILFcommitted numerous atrocities to the innocent civilians. The Christian communities affected villagesappealed to the government to permanently detail military forces in the hinterlands of these areas toprotect them from any possible MILF attack.

On the other hand, in Moro communities in Lanao del Norte, Lanao del Sur, Maguindanao (includingMamasapano) and North Cotabato, human rights violations were extensively committed by the AFP.The Moro communities urge the government to stop the senseless militarization and to pull out themilitary forces in their areas in order for them to continue their normal and peaceful way of living.

Christians and Moro people alike are both calling for justice for the innocent civilians!

II. PARTICIPATIONANDSCHEDULESThere were 80 individuals from forty-one (41) various organizations2 from the civil society, NGOs, andmedia who joined the fact-finding mission. Most of whom are members of Mindanao Peoples PeaceMovement (MPPM), Task Force Civilian Protection (TFCP), Alyansa Ng Mga Mamamayan Para SaKarapatang Pantao (AMKP) and the Philippine Alliance of Human Rights Advocates (PAHRA) network.These organizations were convened to discuss and plan for the said activity. Participants were dividedinto two (2) teams to simultaneously facilitate speedy documentation covering areas in Lanao del Norteand Lanao del Sur, and in Maguindanao and Cotabato provinces affected by both military and MILFarmed operations.3 Other Lanao participants proceeded to Cotabato and Maguindanao. Pressconferences were held before and after the actual fact-finding mission to inform the people about themission to be conducted and its rationale, and to present the validated results of the fact-finding.

III. PRESSCONFERENCESA press

conference was

held at JY

Dimsum,

Aguinaldo St.,

Iligan City on

Sunday, October

12, 2008. The

purpose of which

is to inform the

people, through

the media about

the Fact-Finding

Mission thatwould be

conducted for

one week from

October 13 to 16,

2008.4

2 Annex B.- List of participating organizations and representatives.3 Annex C - Fact-Finding Mission Itinerary.4 Annex D First Press Conference Statement.


4/35

4

The said Fact-Finding Mission aimed to find out the real incident directly from the victims andwitnesses themselves in order to be able to inform the public about the real situation in Lanao,Cotabato and Maguindanao Provinces and the violations to the rights of the victims. The FFM resultswould also be used as basis for future peace-building actions, human rights protection and legislativeadvocacy.5

Panelists came from various FFM participating organizations and those coming from the network of TaskForce Civilian Protection (TFCP), the Alyansa Ng Mga Mamamayan Para Sa Karapatang Pantao (AMKP)and the Mindanao Peoples Peace Movement (MPPM).

The tri-media covered the said conferences. There were also participants from the civil societyorganizations and other concerned groups. There were interviews right after the conference amongthe panelists by ABS-CBN Northern Mindanao and DXMS, Cotabato City on October 18, 2008.

Another Press Conference on October 22, 20086 was organized in Iligan City to present the initial resultsof the mission.7 Panelists were the organizers and convenors of the FFM. Media personalities and otherinterested parties such as the NGOs and CSOs attended the conference.

IV. FINDINGSANDVALIDATIONRESULTSThe methodologies used in data gathering and validation were focus group discussions (FGDs) andindividual interviews with victims/survivors, their relatives, the local Barangay and Municipal officials,local officers of the national line agencies and the military and PNP.

Mamasapano,Maguindanao8

5 Annex E Press Conference Proceedings.6 Annex F Second Press Conference Statement.7 Annex G Second Press Conference Proceedings.8 Annex H Documentation of interviews and FGDs conducted with the victims and local government officials in Maguindanao

The stage of Mamasapano elementary School served asrefuge to the IDPs. Coconut leaves provided protection from

the scorching heat of the sun and from rain.The situation of IDPs in Brgy. Salbo elementary School in

Datu Saudi, Maguindanao


5/35

5

In an interview with the local officials of Mamasapano and some evacuees, it was learned that theconflict between the 75th Infantry Battalion of the AFP and the 105th command of the MILF forces underAmeril Umbra Kato and some members of the 106th command of the same front started in Augustbefore the month of Ramadhan. The conflict heightened in the second week of September in SitioManggapang, Barangay Manungkaling when three mortars were fired resulting to the destruction of thehousing project in said Barangay.

On October 12, 2008, Sunday, the AFP entered Brgy. Tukanalipao. A bomb exploded at the roadfollowed by strafing and air strikes from nine to ten oclock in the morning. Five planes were seendropping bombs. Civilians were trapped in the area with only one exit available at Libutan,Mamasapano. Life was spared but a farm animal particularly a water buffalo owned by Ismael Alimanwas hit and killed by a bomb explosion. On the same day, a motorboat engine Lantop 13 owned byIbrahim Aliman of Brgy. Pimbalakan was looted by unidentified person/s in Brgy. Tukanalipao after heleft the boat due to fear of strafing and bombing.

The latest MILF and AFP encounter was on October 14, 2008 in Barangay Tukanalipao. Mortar shellingstarted at four o clock in the afternoon and ended at quarter to six the same day. It began when asoldier accidentally stepped on a landmine, causing it to explode. It caused panic among other soldierswho indiscriminately fired their guns thinking that the explosion was from the enemy resulting to deathof one person and a carabao, burning of the house of a certain Hadja Sumina Gaka, and massiveevacuation of the community. It was known that even before the shelling incident, the BarangayCaptain of Tukanalipao ordered evacuation of his constituents. This allegedly implied that localexecutives already had a hint of the tremors that would take place in Mamasapano.


6/35

6

Military forces occupied some critical areas and established its 75th Infantry Battalion bases inMamasapano High School, in the main road, at the municipal hall and in civilian houses. Two mortarcannons were even found within the vicinity of the aforementioned school. Meanwhile, in Brgy. Tuka,a few meters from the evacuation center and integrating with the civilian populace is the 61 stReconnaissance Company outpost. The municipality itself is highly militarized with the presence of the75th, 68th, and 64th Infantry battalions as well as the Reconnaissance military group, local police andauxiliaries. The AFP declared that its military operations in these areas were legitimate. Thissuspended all normal activities of the municipality.

A water tank, the house of the Mamasapano mayor and the grandstand of Mamasapano High Schoolwere hit and destroyed by mortars of the military. Traces of pit where the mortar landed were alsofound at the back of the grandstand.

Presence of the military forces under the 75th Infantry Battalion and local police were felt during theocular inspection conducted by the FFM team.

As of the date of the interview, some schools in Mamasapano, namely, Linantangan Elementary School,Lusay Elementary School, Dugengen Elementary School and Mamasapano High School had suspendedtheir classes. They were either in the conflict zones, used as evacuation areas or occupied by the AFPforces as their bases.

DatuSaudiandDatuPIang,MaguindanaoAerial bombings were visible and audible from the highway while the FFM team was having lunch alongthe road of Brgy Dapiawan, Datu Saudi.

1st Lt. Stuart Turaray of the Delta Company, 38th Infantry Battalion, Pagaten II Detachment in DatuSaudi, Maguindanao permitted the team to inspect the burned and destroyed houses near their militarydetachment. There were more than twenty houses along the highway which had been destroyed andburned. Some had been really burned down to ashes with only posts remaining. The health center wasransacked and allegedly used as a defense base. Miilitary detachments were just 5-7 meters apartfrom each other.

In an effort to pay courtesy to the local chief executive of Datu Piang, the team was brought to a placewhere the municipal mayor and some of the municipal officials were playing mahjong during officehours. He just sent his DSWD officer to accompany the team to the municipal hall to meet with themunicipal administrator who would answer the queries of the team.

On the way to the municipal hall, the team passed through some evacuees who had established theirtemporary shelters on the side of the roads. The municipal administrator who is also the coordinatorfor the Internally-Displaced Persons (IDPs) met the team shared that the conflict between the MILF andthe AFP started in Dapiawan on August 21, 2008 and then escalated months after. This situationbrought about a multitude of both military personnel and IDPs from the surrounding villages andcommunities. Military forces occupying the Datu Piang and the nearby Datu Saudi are the 54 th Infantry

Battalion in Upper Salbo (Datu Saudi) and 64th Infantry Battalion in Gumbay as well, Reconnaissancemilitary group of the 62nd infantry Battalion.

Asked if the LGU ever tried to influence the AFP and the MILF to stop the ongoing clashes and go backto the negotiating table, the municipal administrator merely said that the greatest concern of the LGUof Datu Piang is how to give solution to the needs of the IDPs. However, there were efforts on thepart of the Municipal Council to call for a cessation of hostilities thru a resolution and there had beeninitiatives to use the media to send out their messages to both parties. He also shared that on October23, 2008 there would be a meeting in Datu Piang with high public officials to talk about the situation.


7/35

7

As to the rehabilitation of the IDPs, the LGU of Datu Piang had tried asking the military for access ofcivilians back to their communities but the latter could not assure security because there was nocommand from the higher echelons of military to allow such request.

Thus, the LGU of Datu Piang planned to start a rehabilitation program for the IDPs in evacuationcamps. They sought the help of the DSWD Secretary for the construction of bunkers for the IDPs todecongest the municipal hall. The bunkers would also allow classrooms to be used again for classes forchildren. He also shared that the MPDC and municipal engineers are coming up with a plan ofrehabilitating communities through infrastructures. Meanwhile, the municipal agriculture officer issurveying the extent of damaged crops to be the basis of a rehabilitation plan for livelihood of theevacuees who depended on agriculture as their source of economic sustainability.

After which, the team proceeded to the municipal plaza which hosts hundreds of evacuees for anocular view of the situation of the IDPs as well as talk to them in person. Illnesses and deaths wereoccurring in the evacuation centers due to lack of food and nutrition, water and sanitation. The IDPswere so congested in the evacuation areas.

In an interview with the Municipal Health Officer, Dr. Elizabeth Samama, she expressed concern overthe long stay of IDPs at the evacuation center especially for those coming from Aleosan and Midsayap.A relocation site of the evacuees should be considered by the municipality the soonest possible time.An outbreak of several diseases has already been recorded by their office which resulted to the deathsof a number of evacuees: women, children and the elderly. At the time of interview, two childrenbeset with measles were brought to their office. One of the kids whose elder brother already died ofmeasles a few days ago is also expected the same fate. The next day, two kids were reported to havedied at the evacuation center due to measles.

These are some of the glaring situation of the IDPs in Maguindanao. Also depicted in pictures below arevictims of bombs shelling targeted at the evacuation center in Maguindanao.

SamirahIndusan,35y earsoldand 3monthpregnant,was oneofth eeightcivili ans whowerewounded

with shrapne la saresultofa nM79 shelledatth eevacuationcenterthathappene daround7:0 0PMofSeptembe r28,2008 inDatu GumbayEle me ntarySchoolE vac uationCe nter ,DatuPiang, Maguindanao.


8/35

8

D a t u m a n o n g T ak ul anga, 3 years o l d , ha d o bt ai ned sh rap ne l w o u n d s as a resu lto f an M 7 9 she lleda t th e

D at uG um bay

Evacuation

Ce nte r,

D atu

P i ang,

M agui ndanao ,

a r o u n d

7 :00

P M

of

S ept e m ber

2 8,

20 08.

Th e

ev acuation C ent er i s o n l y 1 50 me ters a w a y fro m th e det ac hm ent of th e 54 th IB .

NorthCotabatoAt exactly 9:00 in the morning, on October 16, 2008 the FFM team, went to the extension office of theProvincial Capitol to pay courtesy to the Mayor of Aleosan, North Cotabato. They have spoken to Hon.Loreto V. Cabaya, the Municipal Mayor of Aleosan, North Cotabato.

When asked if its safe for the team to visit the affected communities. MayorCabaya said that it is safe except Barangay Tubac where just this morning, around


9/35

9

6:00, MILF harassed the military detachment. He shared that until now, barangayofficials of Aleosan are not yet in their areas.

When asked if hes in favor of arming of civilians. Mayor said that he is in favor ofarming civilians as long as there is control, hindi lahat ng civilians kayang i-secure ngmilitary thats why were arming ourselves. The mayor confirmed that even civiliansthat are not member of CVO armed themselves. He said that before they distributethe weapons, CVOs undergone series of trainings. They are turned into PoliceAuxiliaries after. He added that each barangays are allowed to have a maximum of 6-armed CVOs.

When asked about hi s opinion of t he on-going mil it ary operat ion, he answered, Iam in favor of the continued military operation dahil wala ng ibang solution andadded you have to respect our rights.

When asked what t ype of assistance t hey have pr ovided to the IDPs, the Mayor saidthat there is on-going assistance provided to the IDPs in Barangay Dualing but has notspecified what types.

According to the Mayor of Aleosan, the militarys 40th IB is detailed in their area.

The team then went to the respective barangays to gather information from the concernedrespondents.

The fighting between the MILF troops and the military started on June 2008 in areas part of NorthCotabato, according to Kadato Taya, Barangay Captain of Tapodoc, Aleosan, North Cotabato. (BarangayTapodoc is the only barangay part of Aleosan which were surrounded by barangays that are part ofPikit, North Cotabato, most of the population here are majority Muslims with only 20 Christianfamilies). The clash continued on August 8, 2008 at 5:00 in the morning until the following day. Onnoontime of August 10, the MILF forces withdrew. There were 5 houses hit by 105 mortar and otherartillery. Kadato Taya said that he was not aware that theres an encounter between the two troops(MILF & AFP). He told the Fact Finding team that the first troop to enter the village were the MILFunder Commander Umbra Kato. He said to have spoken to the troops, informed them that there were

no military in the area, and appealed to them to withdraw but they refused to leave until the followingday. The barangay chairman told them if they will not withdraw, he would request all his constituentsto leave and vacate the area. Residents followed the request of their barangay captain, left the areaand went to Pikit, North Cotabato. There were estimated 250 MILF forces who entered the villageaccording to the barangay chairman.

When asked about t he t otal populat ion of hi s barangay, he told the team that there are a total of345 households. He confirmed that there were no civilians caught in the crossfire because the residentsleft before the hostilities started.

When asked what kind of assist ance did t hey r eceived, Kadato Taya said that on August 12, 2008,Mayor Loreto Cabaya, Jr. summoned Mr. Taya to his office to instruct his constituents that it is safe togo back to their respective places. He added that after the residents returned to their area there were

some belongings that remained in place and some were missing; they cannot identify who were theculprits. He said that the Provincial Office provided an initial assistance of Php 5,000.00 to thosetotally damaged houses and Php 2,000.00 for partially damaged houses while some NGOs distributedfood assistance. He admitted that until now, there were residents that do not wish to go back andwent to other areas like Pikit and Maguindanao.

When asked if his CVOs have guns, he told the team that the Province have distributed 7 guns forBarangay Tapodoc.


10/35

10

MoresituationoftheIDPsinMaguindanao

When asked if he favored of military presence in the area: He said that it is okay if there aremilitary in the area for the protection of civilians as long as they stay in higher grounds and not closeto them.

When asked i f t here were MILF members in his communit y. He confirmed that there were MILFmembers living in his barangay before but they already transferred to other area and those were notunder the command of Umbra Kato. He told the team that there is no problem in terms of Muslim-Christian relationship in his area.

According to Mr. Raymund Rene Calibayan, Teacher In-charge, Tapodoc Elementary School thenumber of students has decreased after the incident, out of 100%, only 25% of the entire pupilpopulation remained. He asked the team to help lobby to the provincial or municipal LGUs to make aresolution declaring that it is safe to go back to school.

Barangay Captain of Barangay Bagolibas, Aleosan, North Cotabato also shared that that there was anambushed of military personnel in Brgys. Tubac at 6:00 in the morning of the same day the interviewwas done. The name of ambushed victim was Sgt. Benedicto of 40th IB AFP.

When asked how the situation in the area was, he said it is okay and back to normal. He told theteam that the displacements of the community started on June 14, 2008 when a group of farmersworking on their fields saw the presence of armed groups nearby. The following day, the farmers (menand women) were strafed by MILF troops. He added that the farmers reported to the police and made a


11/35

11

blotter of the incident. There were no casualtiesreported during the strafing. The Barangay Captainhimself told the team that his men (CVOs) were theones who fought the estimated 100 MILF (in fatigueuniform while other were on half uniform with tubaoon their neck). He said that before the incident,there was information that MILF under commanderUmbra Kato would attack. After the incident in hisbarangay, Barangay Rangaban was attacked next. Heshared that MILF member conveyed through handheld radio saying Kauban mo ni Piol, pauli mo saIloilo kay amo ang Mindanao (your are with Vice-governor Piol; go back to Ilolo province for indanaois ours) and added that kon dili pirmahan ang MOAwalay kalinaw sa Mindanao (there would be nopeace in Mindanao until the MOA-AD is signed). Hesaid they were talking in Cebuano, Tagalog andMaguindanao languages. He said that for three (3)months, CVOs kept an eye on the area, they werethankful because there were military deployed in thearea. He added that during the time of encounter,they called for military and police assistance andright away they responded. There were 4 woundedand 1 died from the military during the encounter.He added that there were also casualties from theMILF but they cannot estimate as to how many. He

added that when the military started bombing the area using the OV10 plane in the 2 nd week of July,there were sightings of MILF.

Hon. Manuel M. Rabara, DDM. Municipal Mayor of Midsayap, North Cotabato also shared during theinterview that the MLGU is trying to establish a good working relationship with the Muslims in the area.He said that they want Muslim brothers to feel that the government is for everybody.

When asked what is his opinion about BJE. He said that their desire to have their own government isokay but the problem is on the vested interest of the few. He then continued that they have repairedthe farm-to-market road in Muslim communities so they realized that there is government.

When asked when did t he harassment st ar t ed. On June 27, 2008, harassment started but before thatMILF troops were sighted passing by the detachments in the areas yet they were not stopped due torespect on the on-going peace process.

When asked what is his recommendat ion. He strongly suggested that they should go back to anegotiating table but needs to consult the local population. He then shared that North Cotabatoorganized a Peace Commission to talk with MILF brothers but that was only local. He also added thatMILF members must follow orders from their leadership because in his observation, MILF have nocontrol of their people.

When asked about t he Musli m-Chri st ian r elat ionship i n t he area. He said that 15% of thepopulation is Muslim and added that the relationship with them is very harmonious but admitted thatthere were some negative changes especially when they heard of the revival of ILAGA (notorious Ilongogroup against muslims). They were afraid.

Judy Badua, 34 years old, married with 4 children and a resident of Purok 2, Barangay Rangaban,Midsayap, North Cotabato said that on July 27, 2008 armed groups in uniform came to the area andinstructed every resident to go out from their houses. The residents from Purok 1 and Purok 2 were


12/35

12

forced to go out for fear of being shot. They were held near the rice field for 1 hour and ordered not tomake any noise.

When asked t o describe t he type of weapons that armed groups were holding, she said that theywere holding long arms and they were wearing camouflage. She told the team that her 5-year-old sonwas in high fever right after the incident. He was traumatized. Every time he hears blast, he is shakingand then cries. (The team observed the childs reaction when one member of the team was about totake photo of him. He ran inside the house and never came out). She said that houses were searchedby the MILF to look for guns but found nothing. She also told the team that her sari-sari store waseransacked by the MILF and took the money worth 2,000.00 in the cash box plus 2 loader cell phoneswith 1,000 loads each. She also told the team that she was almost raped by 1 member of MILF. Shenarrated that one member of MILF asked for cell phone load, as she entered the room where the cellphone is, she was grabbed closed to the guy (MILF), luckily she was able to hold the door knob and runaway from the house.

After June 27, 2008, the Joint Monitoring Action Team (JMAT) installed a detachment in BarangayRangaban. Allegedly, Christian dominated areas in Barangay Rangaban were being harassed by MILFtroops. They did malicious acts to some women, strapping and hostaging civilians for more than anhour. As the military cannot move due to the ceasefire agreement, it was the CVOs who fought theMILF troops. He added that the AFP Chief of Staff, Sec. Germogenes Esperon gave an ultimatum to theMILF to withdraw within 24 hours which was extended to 28 hours before the military operationstarted. During the operation, MILF troops from Upper Lapas positioned in the area, burned the chapeland destroyed the images of saints which caused the community to react and fight back.

When asked if he is in favor of arming civilians. He said he is in favor of arming civilians as long as itis in accordance with the law. DILG Sec. Puno was distributing arms for Police Auxiliary but it was notin his area although he is in favor of CVOs becoming Police Auxiliaries. He added that each barangay isallowed 25 trained Police Auxilliaries. It was confirmed by mayor Rabara that civilians would rathersecure fire-arms for protection than have their houses repaired.

When asked if t hese CVOs were t rained on how t o use guns. He said that their CVOs were trained.(During the interview, Mayor Rabara showed to the team the Armed Civilians Memorandum of Receiptof Equipment, included in the document is the type of arms they have received) .


13/35


14/35


15/35

15

These are pictures of houses burned in Brgy. Lapayan, Kauswaganon August 18, 2008, perpetrated by the MILF-BIAF. Apart fromarson, there were also cases of killings, mutilation, threat, hostagetaking, robbery, hacking and destruction of properties.

Tacub,Kauswagan,LanaodelNorte10Before August 18, 2008

Before the incident, the relationship of Muslim and Christian in the area was harmonious. There were

several intermarriages between Muslims and Christians in the area.

There were already warnings that the MILF would attack if the government would suspend the signing

of MOA-AD. Upon hearing the information, the Municipal Disaster Coordinating Council (MDCC) already

made some preparations.

August 18, 2008

Between 4:30 5:00 am, loud gunshots were heard. There was an estimated number of 600 MILF-BIAFwho attacked the area. They were believed to be Maranaos because they spoke Tagalog but hadMaranao intonations. According to some respondents, some spoke in Bisaya. There are those who weremestizo-looking and were wearing earrings.

10Annex J Documentation of interviews and FGDs conducted with the victims and local government officials in Tacub,Kauswagan, Lanao del Norte.


16/35


17/35


18/35

18

informant told them to guard the market because it was the target of the attack. The two (CVO andpolice) were adamant whether or not to believe the information. At 11 pm, armed men positioned atthe market place were sighted.

August 18, 2008

In Poblacion Kolambugan, at around 12:00 am, it was observed that there were only two (2) CVOs, two(2) policemen and one (1) Barangay Tanod, assigned at the checkpoint.

Starting around 3:30 am, simultaneous attacks were undertaken by the MILF in Barangays Pantar andKulasihan, Kolambugan. Pantar is the route from Tangkal to Kolambugan and is located in the southernportion of the municipality while Kulasihan is the boundary of Kolambugan on the north to Maigo.

In Kulasihan, according to Barangay Captain Marlon Genobaten, at around 3:30 am, he received a textmessage informing him that the MILF is going to attack the area. At around 3:45 am, there was loudgunfires of different types of ammunitions that lasted for about 10 minutes. At 4:00 am, there washalt to the firing to give respect to the bang, Muslim prayer time at dawn. After the sambayang,

there were loud shouts of Allahu Akhbar! which manifested a call to war. The PNP detachmentlocated at the national highway was first attacked. Between 5:00 6:00 am, there was already anarmed confrontation between the MILF, whose number was estimated to reach 100, and thegovernment forces, composed of 18 armies from the 32nd Brigade and 8 from the PNP. At 6:00 am,military reinforcement from Maigo came. The armed confrontation lasted until 8:00 in the morning.People scampered anywhere and evacuated for safety to the riverside. Some proceeded to Sigapud, toOzamis, and to other places. The MILF withdrew towards the mountains taking with them the dead

An FGD was conducted among evacuees from Kulasihan and Palao, Kolambugan, and Maliwanag and

Kulasihan, Maigo at the DPWH bunkhouse/evacuation center in Kulasihan, Kolambugan.


19/35

19

bodies of their companions. It was believed they join forces with those who attacked Pantar and thePoblacion. There were firearms and live ammunitions recovered at the location where the MILFpositioned during the encounter. People added that when asked by the MILF where the ChristianBarangay Captain was, the Maranao residents answered that he has already left. The truth was, theBrgy. Captain was around and made to wear tutob so that he could be construed as a Maranao.Furthermore, the MILF asked for gasoline but the Maranao residents refused that prevented possibleburning of houses of the Christian residents.

There were 156 families, mostly from Purok 2, affected by the attack. The houses of a policeman andof his in-laws were ransacked. Their food, radio and cell phones were taken. According to theevacuees, during the encounter, there were 3 MILF members killed on the spot while 1 military waswounded. No casualty among the civilians was reported. There were also 4 persons just passing by thehighway who were killed by the MILF. Accordingly, the MILF stopped the victims vehicle and fired atthem.

Simultaneously, aroung 4:00 in the morning in Pantar, the MILF, under the Commander Bravo arrived atPurok 1. They were believed to come from Tangkal. Residents were awakened by the heavy footstepsof the armed men. They started firing aimlessly and took hostages from Purok 1. Doors of houses weredestroyed, all belongings (clothes, money, cell phones, etc.) were taken and residents were forced togo out of their houses. After that, houses were burned and properties were destroyed. The residentswere first gathered in front of the house of certain Rissa Sechoco and then made to walk down to thePoblacion. They were about to go down from the hilly portion of the road, when the MILF fired atthem. Two (2) persons survived the massacre.

According to the villagers, there were 3 groups of MILF who came. Allegedly, the first 2 groups weregood but the 3rd group was very cruel. Most of them wore bonnet masks. It was believed that the cruelones were members of the Tonda Force who joined and guided the MILF as the latter were notfamiliar with the place.

In Poblacion, at around 4:00 am, many vehicles werestranded because Kulasihan was attacked first. Around4:30 am, roughly 300 to 400 MILF members from Pantarhad reached the Poblacion. The first firing was

simultaneous with the Muslims bang at the mosque.They scattered themselves throughout the area. A CAFGUwas killed and his house burned. The people weresurprised because they did not expect that Kolambuganwould be attacked by the MILF. Although they werewearing masks, it was accordingly observed that the MILFforces were mostly young.

At 5:00 am, volume fires were heard for about 15minutes. The MILF continuously fired their weapons,burned houses and schools. In one of the interviews inKolambugan, the respondent disclosed that Nakita gyudnamo ang pag-ambush nila ni Col. Benetiz. Apan

nakasukol pa si Col. Benetiz uban sa duha (2) niya kakauban ug napatay nila ang upat (4) ka sakop sa MILF nganaka-plastar sa may kakahoyan duol sa Forestry. Apantungod sa kadaghan sa nibalos sa pagpabuto sa mga sakopsa MILF, napatay ra gihapon si Col. Benetiz ug usa niya kakauban. (We really saw them ambushed Col Benitez andhis two (2) men at the woody area near the Forestry. Butbecause of the number of MILF forces, Col Benitez andone (1) of his men were killed.)

Jeramil Maghanay, 20 years old from Brgy.Pantar, Kolambugan suffered gunshot wound

from an indiscriminate firing incident believed tobe from the members of MILF-BIAF. This

happened on August 18, 2008 at around 4:30 in

the morning.


20/35

20

Hostage taking also started that same morning. Forty (40) persons were held in the house of certainVeneranda Uy. They were ordered to cook food for the MILF and wash their clothes and shoes. Thehostages were not able to call for help because they were ordered to put all their cell phones off.Between 5:00 7:00 am, there were calls for military reinforcement but unheeded because accordinglythere was no order for them. At around 7:00 am, there were seventy-two (72) persons from thePoblacion who were also held hostage. Two (2) PNP asked for assistance from Col. Ibrahim of 913rdbattalion and Chief Roxas, but the military did not act for the reason that the safety of the hostagesmight be jeopardized. At about 9:00 am, succeeding calls to the military were made but still noreinforcement was sent. Accordingly, during the heist, the military only stood by in Mukas. At around11:00 am, the MILF withdrew from the area tracking their way to Tangkal and bringing along with themthe 72 hostages, including children. The hostages were tied and were forced to walk. Other wereasked to help carry looted properties/goods (cell phones, canned goods, etc.) placed in sacks. Intensehunger and thirst were felt by the victims while walking under the heat of the sun without taking anyneither breakfast nor lunch. Not all MILF members have weapons. Many were bringing bolos theywere assigned to tug the loot to the animals (cows, carabaos and goats). One MILF member spoke inTagalog dialect, pasensya na kayo pero hindi namin kayo papatayin, ang gobyerno ang may kasalanandahil hindi nila ibinigay ang hiling naming Bangsa Moro para sa Mindanao. (Were very sorry, we willnot kill you, it is the governments fault for they did not give what we are asking for the BangsamoroMindanao). Moreover, the respondents relayed that the MILF would only release the victims afterhaving achieved an agreement with Pres. Gloria Macapagal-Arroyo. If the Mindanao issue is notresolved, the war will go on. The hostages were then brought to Mayor Dante Darussalams house inTangkal at around 10:00 pm. They were entertained and served with food. At around 11:00 pm, theywere released by the MILF while others thanked the hostages for accompanying them to the mountains.

Meanwhile, at the height of the attack, the LGU was able to set up command centers and implementedprecautionary measures since the place was not yet fully occupied by the MILF. At around 6:30-7:00,the LGU called up the 32nd IB/PHQ. LGU of Kolambugan helped evacuate the people. At around 7:308:00 am, some LGU personnel met the military troop the along the highway. This made them wonderwhere the military came from.

There was no actual encounter between the military and the MILF in Pantar and Poblacion unlike othervillages. The incident was more on robbery and looting particularly in Puroks 4 and 9. Allegedly,

Commander Macaslang led the Tonda Force whose activities include robbery, theft and killingcivilians.

There were sixteen (16) casualties involving 11 civilians, 2 children and 3 military personnel, and four(4) persons were wounded. A total of 72 persons were hostaged and brought to Tangkal and werereleased on the midnight of the same day. Another forty (40) persons were held hostage inside thehouse of Veneranda Uy. More than 5,000 families evacuated. A total of fourteen (14) houses, 3 schoolbuildings, 12 establishments (grocery stores, water district and bakery), 1 patrol car and 1 public buswere burned. Livestock, money, jewelries, foodstuff and other properties were also looted. 12

After August 18, 2008

On August 25, 2008, about 20 units of shotgun were issued by DILG Sec. Puno and another 80 units were

expected to be released or Kolambugan. The firearms were turned over by the Mayor to the somebarangays for CVOs usage. Promised units were released sometime in September in time when Col.Capuyan called and informed the LGU that distribution was a violation because there was no trainingconducted among the CVOs including orientation on the rules of its use. Firearms are now in thecustody of the PNP.

12 Annex L - Incident report of LGU Kolambugan


21/35

21

The attack led to the revival of vigilante groups. There were five (5) groups identified in Kolambugannamely: 1) the Ilaga, 2) the Shepherd, 3) the Pulahan, 4) the Bakal, and 5) the Vigilante

At present, the community feels the situation in Kolambugan is yet to be normalized. Some evacueeshave not yet returned home for fear that MILF will attack again.

DimaraoandPagayawan,Bacolod,LanaodelNorteBarangay Dimarao has been populated with both Maranaos and Christian. Although there was no actualattack in the area, it was affected by the conflict. When information of a possible MILF attack fromLinamon to Maigo came, more than half of the population of Dimarao evacuated. The Maranaosevacuated to their relatives in Marawi, SND and Iligan because of fear. Until now, they have not yetreturned.

Most Christians evacuated at the coastal area. Those Christians who did not evacuate were tenants ofMuslims and instead prepared for the incident by holding prayer activities.

There were about 200 evacuees in Barangay Dimarao coming from neighboring areas of Maliwanag,Punod, Kauswagan, Munai, and Poona Piagapo.

During the celebration of Ramadhan, there were incidents of firearms forcibly taken from BarangayTanods. One in townsite, owed by certain Eddie Maura; and another .45 calibre pistol was taken fromcertain Eksan Apang, whose house was searched by the MILFs.

According to the respondents, after the attack in Lapayan and Tacub, people feared because there wasa group of military men who patrolled over the area accompanied by a person whose head was coveredwith a bonnet. Allegedly, this man points to the military, members of MILF in the area. Civilians fearthat the person might wrongly accuse innocent civilians.

One Sultan expressed that he is in favor of military presence in their area but feared of possiblecrossfires. According to the Barangay Chairwoman of Dimarao Uling Bulua-Ampaso, evacuees receivedfood and non-food assistance from MSWD, RDRRAC, and MERN.

Opinion of the Mayor on the incident of MILF attack was related to the failure of the government tosign the MOA-AD. The Mayor expressed that he is in favor of Law Enforcement Operation.

PantaoaRagat,LanaodelNorte13A Focus group Discussion (FGD) was conducted among Maranao women coming from Pantao Ragat whoevacuated to Baloi, Lano del Norte. According to these women, the Mayors of Poona Piagapo andPantao Ragat advised them to leave from their homes after hearing of a military operation. They onlyevacuated a week after the Lapayan incident when the military conducted bomb shelling operations inBarangay Pualas-Uragot towards their area. The reason they heard of military assault was the presenceof MILF in these areas. They were forced to leave bringing nothing with them. They abandoned theirfarms which were destroyed by military amphibian, sikatuna and samba tanks and tora-tora planes.The rice and corn crops were about to be harvested. They lost their livestock and other properties.Their houses were destroyed and the materials were used by the military to build their camps whileothers were used as firewoods. Some houses which were used by the military as their camp or clinic.Many of the houses were also burned to ashes.

13 Annex M Documentation of interviews and FGDs with evacuees in Pantao a Ragat, Lanao del Norte.


22/35


23/35

23

PoonaPiagapo,LanaodelNorte14According to the participants of the FGD, it was the 32nd IB, PA 1st Infantry Division, under 104 BrigadeCommander GX7Captain Alonto Maamo, who committed atrocities to the community and civilianconstituents of Poona Piagapo. These atrocities include rampant looting/divestment and destruction ofproperties and farms, burning, demolition and destruction of houses, killing of civilians, illegal arrest

and detention, and torture.

There were two (2) civilians who were killed during the military operations Poona Piagapo in pursuit ofthe MILF. One of whom was a 15-year old minor.

Nine (9) innocent people, five (5) of whom were minors, were arrested in Poblacion 1 Poona Piagapo,Lanao del Norte during the hot-pursuit operations of the 32 nd IB PA of 1st Inf. Tabak Division, lead byGx7 Captain Alonto Maamo. They were detained and allegedly tortured in 104th Brigade, Ditucalan,Iligan City. The arrested persons were deprived of food for four days since their arrest on August 19,2008 until August 22, 2008 and were subjected to regular interrogation and torture every three (3)hours. They were also forced to drink their urines.

Tangkal,Lanao

del

Norte

An interview with Camilo Batingolo, Administrative Officer of Tangkal, Lanao del Norte, Imam PingnoOtiin and other evacuees revealed that they had not heard about the attack in Kolambugan and theyhave not seen any MILF member roaming around their area. They said that the MILF members whoattacked Kolambugan had withdrawn in Tangkal but they did definitely come from the area.

Moreover, Mr. Batingolo and his companions said that there were no human rights violations committedby both the MILF and the AFP. There were no firing and harassment that happened in their area.There was no military operation in Tangkal in pursuit of the MILF. Evacuation took place because theresidents were just afraid. He said that the news of wounded people in the area is not true.

Situation of IDPs in Tangkal, Lanao del Norte

It was their Mayor who negotiated the release of the hostages from Kolambugan.

14 Annex N Documentation of interviews and FGDs with evacuees in Pantao a Ragat, Lanao del Norte.


24/35


25/35


26/35

26

Some parts of the houses were used as firewood. These houses were situated in Brgy. Talao, Piagapo, Lanao del Sur.

These houses were ripped off its roof when the military established camp in Brgy. Talao, Piagapo, Lanao del Sur. Some

parts of the houses were used as firewood while walls made of plywood were taken off to serve as mats.


27/35

27

T he Madrasah inBrgy.Talao,

Piagapo,L S was destroyedby

saidtobe members oftheAFP

A halfsa ckofnewlyharvested

palay was alsoburned

Rogongon,IliganCity16Sometime in 2006, some Higaonons joined the MILF for a promise that the latter would give them30,000 Ringgits. There were about thirty-one (31) of them, including a 15-year old, who joined a

military training in Poona Piagapo in the same year. The rest were Maranaos including children, asyoung as 7 years old, who were also trained to become combatants. They only used wooden rifleduring the training.

After the training, the Higaonons returned to the community as ordinary civilians and continued toperform their normal routine. These persons were working at the farm of Mr. Ora when, three daysafter the attack in Kolambugan and Kauswagan, someone identified as Alvin Cunto informed them thatthey have to report immediately to the army brigade to clear their names because they are in the listof suspected MILFs. Twenty-three of them were fetched by a government truck at Digkilaan. The otherwent to the military camp individually. They did not bring extra clothes with them expecting that theprocess would only be completed in one or two days. But they were told that they would undergo aprocess before they will be released. Said process involved reorientation by the AFP and PNP,orientation by the DILG, debriefing, etc. The process was already completed but they wondered why

the schedules of release were not materialized. There were no charges filed against them and theywere already cleared by the RTC Judge in Iligan following a resolution passed by Iligan City SangguniangPanlunsod. They were also called as defectors, not surrenderees. They stayed in the PNP compoundfor more than two months now.

When they were at the army brigade, Alvin suggested to them to surrender so that the governmentwould provide them reward and livelihood.

16Annex P Documentation of interviews and FGDs with evacuees in Rogongon, Iligan City and PNP Directors in Iligan City.

.

Talao , , .


28/35

28

At first, the City government provided them both rice and viand (noodles and dried fish). Later, thesupply dwindled into only rice. This forced them to do some chores inside the PNP compound to earnsomething for their viand. They slept inside the room near the guardhouse on plywood but when itrains, they were to stay awake as the water leaks through the ceiling and from the ground.

They cannot believe their situation and felt ashamed as the people and the media tagged them ascriminals instead of just ordinary farmers. They had abandoned their farms, which were their primarysource of living, and also were made to abandon their responsibilities to their families.

A week after the August 18, 2008 attack, about 80 government military forces were deployed inPoblacion Kalamalamahan, Rogongon. They ordered the residents to evacuate immediately. For thosewho refused, the military would not be responsible for them.

Many families evacuated to Sitio Binasan, Rogongon and to adjacent areas in Misamis Orientalparticularly in Tumpagon, Kauyunan, Mahayahay and Limunda. They fear the possible retaliation of theMILF to the Higaonons in Rogongon due to the surrender of Alvin Cunto and 29 other Higaonons, allresidents of Rogongon.

V. HUMANRIGHTSVIOLATIONSANDEFFECTSOFMILITARIZATIONTOTHECOMMUNITY Establishment of military bases in schools and in civilian communities in Mamasapano,

Maguindanao;

Loss of means of livelihood, homes and lives, and destruction of properties in all areasaffected;

Displacement of thousands (Muslims and Christians) families and communities;

Psycho-emotional trauma as manifested by trembling, fear of men in uniform, and lowperformance, inattentiveness and absent-mindedness among school children due to war;ongoing mortar shelling; presence of landmines and indiscriminate firing by both warringcamps in the villages;

Many children stopped their schooling both from Moro and Christian communities;

Changes in the relationship between Christians and Muslims particularly in Kauswagan andKolambugan, Lanao del Norte. Mistrust between people is destroying good relations;

Epidemics, sickness, malnutrition, spread of contagious diseases and death due to lack ofpotable water, relief goods and medical assistance. Congestion and filthy situation of theevacuation centers also add up to the deplorable situation of the IDPs especially the children;

Fear for possible attacks by the MILF and continuous military operations by the AFP;

Revival of vigilante groups in Christian areas;

Moral damages to victims of mutilation , torture and arrest and detention; and

Closure of many business establishments particularly in Kolambugan, among others.


29/35

29

VI. INTERVENTIONSBYDIFFERENTSERVICEPROVIDERSLapayan, Kauswagan, Lanao del Norte:

The military distributed food and P200.00 per person. Relief assistance from the LGUs and NGOs

Trauma healing sessions were also conducted. The Red Cross promised to give materials to build new houses but no material has yet arrived. There was also a promise for assistance for reconstruction and repair of houses; financial

assistance of P10,000.00 for the families of killed persons; P5,000.00 assistance for woundedvictims;

Tacub, Kauswagan, Lanao del Norte:

The DSWD distributed food items.

The Red Cross promised to provide materials to build new houses.

Kolambugan:

Complaints were already filed for the three commanders: Macaslang, Mercury and one

unidentified officer who were allegedly responsible for the attack. Victims are temporarily housed at the Riverside Elementary School. The LGU manages the

evacuation center. Distribution of relief assistance by the LGU of Kolambugan, DSWD, Catholic Diocese,

Evangelical Church, NGOs (LAFCCOD), La Salle, Red Cross and the Holy Cross. There was aproblem in the distribution process; non-victims were able to receive the assistance while realvictims in Pantar and Poblacion were not.

Kolambugan LGU conducted stress debriefing to the victims and their families. LGU also extended financial support to the family of those who were killed, food support to all

victims, and provided for evacuees temporary shelter. Mayor Dante of Tangkal gave P100,000.00 financial assistance addressed to the Vice Mayor of

Kolambugan.

Tambo, Munai, LDN

There was MEDCAP Mission in Tambo conducted by the military and the US Troops.

Piagapo

Relief assistance was distributed twice by the UN-World Food Program.

Mamasapano, Maguindanao

As of humanitarian response, Mamasapano had been assisted by the World Food Program, CFSI,Red Cross, Act for Peace, Save the Children, UNICEF and International Committee of the Red

Cross since the start of the conflict in September. Lately some of these organizations had beenadvised not to enter Mamasapano because of the worsening conflict and unstable situation inthe municipality leaving the area more prone to danger and risks caused by the ongoing war.

Datu Piang, Maguindanao

There were medical assistance provided by DOH-ARMM and medical missions conducted byvarious support groups

Humanitarian assistance were also received from LGU and other support groups


30/35

30

VII. NEEDS/PERCEPTIONS/REACTIONS/RECOMMENDATIONSOFTHECOMMUNITY Support to the evacuees while they have not yet returned to their farms.

The MILF troops that attack some Barangays in Kolambugan came from Tangkal municipalityand not from Lanao del Sur. Members of Tonda Force joined the MILF in the attack andserved as the latters guide. Members of Tonda Force are bandits. Their activities are non-Islamic.

Some are in favor of arming the civilians while others are not;

Divided reactions from the Christian settlers on the revival of vigilante groups;

Disgust and frustration by the communities for the inability of the military to respond to crisissituation. Should the military responded immediately to the Mayors call, the extent ofdamage would have not been much. The militarys negligence has greatly contributed toviolation of human rights;

Christian communities prefer for the permanent deployment of military in the villageshinterlands to ascertain encounters to take place far from the communities. Christian civiliansare calling on the MILF to stop committing human rights violations to the civilian populace;

Muslim communities call on the government to stop militarization in their respectivecommunities and to stop the rampant human rights violations committed by its militarypersonnel;

Muslim communities call for the immediate pull out of military from their areas; and that theywould be allowed to return to their homes and farms;

Government should take a serious effort in preserving peace and order;

Government should secure the means of livelihood of the people;

Justice for the innocent civilians, both Christians and Muslims.


31/35

31

VIII.ANNEXESAnnex A

MINDANAO PEOPLES PEACE MOVEMENT (MPPM)

TASK FORCE CIVILIAN PROTECTION (TFCP), ALYANSA NG MGAMAMAMAYAN para sa KARAPATANG PANTAO (AMKP)PHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATES (PAHRA)c/o Rm. 288, Iglupas Building, Quezon Avenue, Iligan CityTelephone No: +63 63 221 3769Email: [email protected], [email protected], [email protected]

Concept Paper:

Even before the abortive signing of the Memorandum of Agreement on Ancestral Domain (MoA-AD),there were already armed conflicts in North Cotabato when troops of the Moro Islamic Liberation Front(MILF) made their presence felt to drumbeat the snail pace of the peace process. The conflict in Central

Mindanao has risen to such proportions when the MOA signing was aborted last August 4, 2008 when theSupreme Court issued a Temporary Restraining Order. The conflict then spilled over to the Provinces inLanao del Norte, Saranggani and now in Maguindanao Province which caused more displacement ofcivilian populations- especially the women, children and the elderly, disruption of community lifeespecially the peoples economic activities as well as the education of the children. According to theNational Disaster Coordinating Council on its September 8, 2008 Report, the cumulative total affectednumber of persons in Mindanao is 88,243 families 423,772 individuals. Cases of death and woundingamong civilian population, women, men and children as they were caught in the cross fire, and those whogot sick and died in the evacuation centers are also increasing as the conflict continues.

Adding to the conflict situation is the policy adopted by the National Government to arm civilians inresponse to the violent attacks made by the MILF in Lanao del Norte and Saranggani Provinces. Thenational government through the Department of Interior and Local Government (DILG) justified this

response stating that it is the Local Governments request for arms so that their constituents can protectthemselves against the enemies. This action of the National Government is breaching upon its duty toprotect its citizens but instead exposing the latter to risks of attacks by other armed groups and themilitary.

Government operations against the MILF troops also went on despite calls for a ceasefire during theHoly Month of Ramadhan with the military still employing ground and air assaults which indiscriminatelyhit civilian communities as the case of a family of six (6) killed in Brgy. Butilen, Datu Piang, Maguindanao.Four (4) children, a pregnant woman and their father was killed in that incident as they together with theirneighbors tried to flee their village for safety.

Even before the Ramadhan have fully ended, government troops have intensified their military operationsin Maguindanao in pursuit of Commander Ameril Ombra Kato and Commander Bravo of the 105

thand

102nd Base Commands of the MILF respectively. Accordingly, these two commanders are responsible forthe attacks in North Cotabato and Lanao del Norte. As renewed armed fighting continues, violenceagainst the civilian population are committed by both side, however, neither would like to takeresponsibility. Cases of human rights violations abound when the conflict started in North Cotabato andlater on spilled over to Lanao del Norte, Sarangani and now in Maguindanao Province, such as killing ofcivilians, looting and destruction of their properties, food blockade and hamletting. The latter is especiallyexperienced in the interior areas in Lanao del Norte and Lanao del Sur. However, reports of theseincidents are very far and between and not accorded much response despite the victims pleas for justiceand reparation.


32/35


33/35


34/35

34

Annex C

Participating Organizations:

1. Alternative Center for Health and Development, Inc. (ACHDI)2. Alyansa ng Kabataang Mindanao para sa Kapayapaan (AKMK)

3. Alyansa ng Mamayan para Karapatang Pantao (AMKP)4. Baloi Muslim Christian Movement for Peace Inc. (BMCMPI)5. Bangsamoro Development and Resource Center (BDRC)6. Citizens Peace Watch/Stop the War Coalition7. Civil Society Organization Forum for Peace (CSO-FP)8. Conservative Baptists of Davao9. Episcopal Church- Social Ministry Unit10. Franciscan Movement for Justice, Peace and Integrity of Creation (FMJPIC)11. KAAGAPAY OFW Resource Center12. Kabnar Human Rights Advocates Marawi City13. Kagsabuwa Hu Kalinaw Daw Kalambuan (Kagsabuwa), Inc.14. Lanao Alliance of Human Rights Advocates (LAHRA), Inc.15. Lanao Aquatic and Marine Fisheries Center for Community Development (LAFCCOD), Inc.

16. Lanao Fisheries for Advocacy Network (LFAN)17. Lanao Media Practitioners (LAMP)18. Lig-ong Hiniusang Kusog sa Kabus (LIHUK), Inc.19. Lumad Development Center Inc. (LDCI)20. Mamalo Descendants Organization (MDO)21. Mindanao Peoples Peace Movement (MPPM)22. Mindanao Tri-People Youth Center (MTPYC), Inc.23. Mindanao Tri-People Women Forum (MTWF)24. Mindanao Tri-People Women Resource Center (MTWRC), Inc.25. Pigkawayan, Pikit, Alamada, Midsayap, Aleosan (PPALMA) Alliance26. Paglingkawas, Inc.27. Peacebuilders Community Mennonite Peace building Team28. Philippine Alliance of Human Rights Advocates (PAHRA), Inc.29. Ranaw Disaster Response and Rehabilitation Assistance Center (RDRRAC), Inc.30. Ranaw Women and Children Resource Center (RWCRC), Inc.31. Research, Communication, Justice and Peace (RCJP)32. SALIGAN33. Southern Christian College (SCC)-CEREA34. Sumpay Mindanao, Inc.35. Sustainable Alternatives for the Advancement of Mindanao (SALAM), Inc.36. Task Force Detainees of the Philippines (TFDP)37. Teduray-Lambangian Youth and Students Association (TLYSA)38. Tri-People Organization Against Disaster (TRIPOD) Foundation, Inc.39. United Church of the Philippines Iligan City (UCCP- Iligan)40. Women and Children Therapy Center (WATCH), Inc.41. Young Advocates for Peace and Solidarity (YAPS)


35/35

Annex D

HUMAN RIGHTS VIOLATIONS (HRVs) CONFIRMED BY THE FACT-FINDING

TEAM IN LANAO PROVINCES

Initial reports of the on-going Fact Finding Mission (FFM) on Human Rights Violations (HRVs) during and after the various recentarmed confrontations in Mindanao between the military and MILF armed forces unravel HRVs committed by both parties to thecivilian population. In the towns of Lanao del Norte, cases of abduction, destruction of houses, private and governmentproperties, looting, mutilation and murder committed by the MILF combatants are recorded. Victims of atrocities said that theMILF attackers were from the neighboring provinces since they spoke in Tagalog instead of their local dialect. Also, the victimssaid that the attackers used local residents to act as their guide in entering and withdrawing from the villages. The victims furthersaid that some of the attackers even ransacked food establishments along the highway before they withdrew at around 10:00 amto 11:00 am on August 18, 2008. The Military and the Police forces failed to protect the people. They did not respond during theattack as verified by the local residents despite the proximity of the 32nd Infantry Battalion in the barangays of Tacub andLapayan in Kauswagan. According to the victims, upon arrival of the military assigned in the nearest detachment, they evenpointed to the direction where the MILF forces were fleeing, but they were told by the military wala pang order (we have notreceived any order). Military reinforcements came in late.

In an interview with Major Benedicto Manquiquis, Civil Military Relations Officer of the 104th Brigade, 1st Infantry Division, he saidthat it is the discretion of the ground commanders to respond since civilians are already being murdered. He said that they arealready conducting interviews from the community to the allegations that their forces did not respond however the military wouldnot initiate filing of charges without formal complaints from the victims. Major Manquiquis stood firm that the military immediatelysent reinforcements but could not divulge the details since this is a matter of Military Secrecy and Tactics. He further said that thereinforcements were not allowed to use the highway for fear of being ambushed, instead the troops were told to take themountains to conceal themselves from the MILF fighters. Major Manquiquis said that the Army Tank stationed in PoblacionKauswagan, Lanao del Norte was not used to respond to the nearby attacked villages to protect the Municipal Hall, whichaccording to him is the seat of government and for fear that the tank would be destroyed by the rocket propelled grenade (RPG)of the MILF. Cases of torture and illegal detention committed by the military in Lanao del Norte were also confirmed by thetortured and detained victims themselves. According to the interviewed victim, he and nine (9) others were forcibly taken by theMilitary to the headquarters, and forced to admit their involvement and support to the MILF as well as the identities andwhereabouts of the MILF fighters. They were illegally detained for three (3) days, blind folded and beaten with sticks anddeprived of food and forced to drink urine and dirty water from canal.

In the town of Piagapo, Lanao del Sur, cases of murder, destruction and burning of houses, farm equipment, Masjid, MadrasaSchool and looting of farm animals were confirmed to have been perpetrated by the Military. The residents also claimed that theirvillages were occupied and used as camps of the military and that their food stocks such as rice grains, were either eaten,destroyed or burned. There was even a case of a 13-year-old boy who was killed and was thrown in a toilet hole (unused septictank). In various affected towns in Lanao del Norte and in Lanao del Sur, hundreds of residents are still displaced either in theevacuation centers or in the house of their relatives. These residents are forced to live somewhere else because their houseshave been burned during the attack or their villages are still occupied by the military. Some of these villages have become ghosttowns. In the evacuation centers, children are dying due to diseases.

Major Manquiquis, dispelled the claim that there is an on-going Military Operations, saying that what they are conducting are LawEnforcement Operations. In the communities, residents leave their villages because the military are patrolling the areas with acivilian, wearing bonnet and large sunglasses, who is supposed to identify the MILF members in the areas.

The on-going Fact Finding Mission (FFM) is conducted in order to verify the veracity of reports of HRVs and expose the same tothe public through the media and to other appropriate agencies and institutions. The Mission is being spearheaded by theMindanao Peoples Peace movement (MPPM), Task Force Civilian Protection, SALAM Inc., the Alyansa ng mga Mamamayanpara sa Karapatang Pantao (AKMP) and the Philippine Alliance of Human Rights Advocates (PAHRA); and, is participated in by52 organizations from Mindanao and Manila. The FFM covers the provinces of Lanao del Sur, Lanao del Norte, Maguindanao,Sharif Kabungsuan and North Cotabato. It started last October 13, 2008 and will end on October 18, 2008 with a pressconference.

mindanao ffm final result

Documents