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Martial law in Mindanao eyed

Details
17 June 2016
 

By Aaron B. Recuenco and Hannah L. Torregoza, Manila Bulletin

 

Senators, incoming AFP chief support move to stamp out Abu Sayyaf woes

 

Incoming President Rodrigo R. Duterte is inclined to declare martial law in the entire provinces of Sulu, Basilan, and Tawi-Tawi which are believed to be the last stronghold of the Abu Sayyaf Group (ASG).

 

During a five-hour meeting with his appointed Cabinet officials at the Philippine International Convention Center (PICC) Wednesday night, Duterte was reportedly spewing his favorite invective as he watched the video of the beheading of Canadian hostage Robert Hall, vowing to crush the Abu Sayyaf and the illegal drugs syndicates once he assumes office on June 30.

 

The incoming chief of staff of the Armed Forces of the Philippines (AFP) is open to the proposal of declaring martial law in the entire province of Sulu to finally stamp out the problem on the notorious Abu Sayyaf Group (ASG).

 

Incoming President Rodrigo R. Duterte had earlier vowed to crush the Abu Sayyaf as well as illegal drug syndicates, while senators called on the president-elect to strictly enforce the law against the Muslim bandits.

 

But Lt. Gen. Ricardo Visayas, who is expected to assume the top military leadership next month, stressed the need to conduct a thorough study and assessment among military commanders regarding the security concern.

 

“That is an option. We can study the declaration of martial law in Jolo (Sulu) and Basilan because as we can see, there is a failure of governance,” said Visaya.

 

“So perhaps that is one option that can be undertaken to establish order in Jolo and Basilan,” he added.

 

Sen. Vicente “Tito” Sotto III said he has no objections should the Duterte administration impose martial law on those areas controlled by the ASG.

 

“I have no objections. I will agree (to that),” Sotto said in an interview.

 

Senator Paolo “Bam” Aquino IV said he supports whatever method the incoming president would enforce to bring the rebel groups to face the law.

 

MORE HARM

 

But Gov. Mujiv Hataman of the Autonomous Region in Muslim Mindanao (ARMM) said putting the entire province of Sulu under martial law will do more harm than good.

 

Hataman said the plan was unpopular and could trigger massive human rights violations, similar to the 1970s when then President Marcos put the country under military rule.

 

He said there were other options the government might consider and could be effective in neutralizing the extremist Abu Sayyaf.

 

One of the options, he said, was a joint military, police, and navy offensives while the local government units took charge of the residents.

 

“Local officials down to the barangay level must participate, they will be held accountable and responsible if they do not act,” Hataman said, adding he could issue an executive order ordering civilians in areas where the military operation is taking place to temporarily relocate.

 

“The local government takes care of their needs,” he said.

 

Re-elected Davao Rep. Karlo Alexei Nograles, a lawyer, said he sees no legal obstacle should the incoming chief executive decides to place certain areas in Mindanao under martial law to effectively deal with terrorism.

 

Earlier, President Aquino admitted having thought of placing the entire province of Sulu under martial law in the past three weeks to save the remaining hostages and eventually address the ASG problem.

 

But Aquino eventually rejected the idea, saying it does not promise positive results and may even result in more sympathy for the Abu Sayyaf.

 

Visaya, however, said the modus operandi of turning Sulu and Basilan into a haven for victims kidnapped in other parts of Mindanao and even in Malaysia will be stopped once martial law is declared.

 

“(Kidnap victims) were being taken there in Jolo so perhaps martial law can also be an answer to prevent the Abu Sayyaf from continuing their kidnapping activities,” said Visaya.

 

4 MALAYSIANS KIDNAPPED

 

Yesterday, police were verifying reports that the Abu Sayyaf struck again, this time kidnapping four Malaysians in Sabah Wednesday night.

 

Senior Supt. Elizalde Quibuyen, director of the Tawi-Tawi provincial police, said they received reports about the arrival of the new kidnap victims and their captors in Sitangkai town Wednesday night but they have not confirmed the information yet.

 

The alleged kidnapping of four Malaysians came as the military and the police have intensified the operations against the Abu Sayyaf in Sulu.

 

The ASG problem has been the security headache of the government since its inception in the mid-1990s. While a lot of ASG commanders and members have already been killed or arrested, kidnapping of both locals and foreigners continue.

 

So far, at least 11 battalions of soldiers have already been deployed in Sulu alone but hunting down the ASG remains a problem.

 

“We have already enough troops but the problem is the terrain which makes it difficult to hunt them. With the Martial Law imposition, we can control their movements,” said Visaya.

 

ABU SAYYAF LIFELINE

 

The group currently has about 400 fighters split into at least four factions.

 

Aside from the support from an informal network of armed groups, the Abu Sayyaf also finds a lifeline among relatives and friends in rural communities who shelter them and provide food, logistics, and information when they are pressed by army offensives.

 

Some local officials have also been suspected of providing support, Western Mindanao Command spokesman Maj. Filemon Tan said, explaining why the militants have endured in the mountainous hinterlands despite on-and-off military offensives against them.

 

Visaya said that once there would be a general consensus among top military commanders, he would not hesitate to recommend the martial law declaration in Sulu and Basilan to incoming President Rodrigo R. Duterte.

 

Basilan and Sulu remain the favorite playground of the ASG. Isnilon Hapilon leads the Abu Sayyaf in Basilan while Radullan Sahiron remains the senior leader of those in Sulu.

 

Explaining why he opposed martial law, Hataman said the Moro people have suffered so much under martial law. The experience they had in the 70s remains traumatic to many Bangsamoro people.

 

He was particularly afraid of human rights abuses as in the past.

 

But Nograles said it is the President’s discretion to declare martial law, especially if public safety warrants such declaration.

 

“It is legally possible. That is the President’s prerogative. I think that was done in 2009,” he said, referring to action taken by then president Gloria Macapagal Arroyo when she issued Proclamation No. 1959 declaring a state of martial law and suspending the privilege of the writ of habeas corpus in Maguindanao following the massacre of 58 people in Maguindanao.

 

“As soon as the President assumes office, he will be officially given access to sensitive data and classified information that only he is exclusively entitled to. Yan ang magiging basis nya sa kanyang mga desisyon. Pero alam naman natin na last resort na ang Martial Law at meron na pong parameters yan for the declaration of martial law and how long,” he said.

 

He explained that Article VII, Section 18, of the Constitution empowers the President to declare Martial Law subject to review by Congress on three instances – rebellion, invasion, and when public safety requires it.

 

“The President has the discretion to declare martial law based on information or facts available or gathered by President’s Office. Abu Sayyaf problem may fall under the 3rd category: when public safety requires it,” Nograles said.

 

“With regard the issue of whether or not martial law can be declared in some areas of Mindanao to address lawless violence – it seems that the President can localize martial law,” he said citing the SC ruling dated March 30, 2012 on Fortun et. al. vs PGMA case.

 

Meanwhile, during Wednesday night’s meeting, Duterte’s newly appointed officials said they had focused group discussions preceding the actual Cabinet meeting that started at 9 p.m. and ended at 11 p.m. This was followed by a security cluster meeting that stretched up to 11:30 p.m. before Duterte rushed to the airport to catch a flight back to Davao City.

 

Duterte presented to his official family the newly designated secretaries of the departments of Health, Trade and Industry, and Tourism, and also announced the new designation of lawyer Salvador Panelo as Chief Presidential Legal Counsel. (With reports from Charissa M. Luci, Mar T. Supnad, and PNA)

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