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MinHRAC Civilian Protection MonitorsHelps Fill Data Gathering
Gaps
There is still a lot to be done to be able to provide areliable
and comprehensive data on the conflict, saidMinHRAC Executive
Director Attorney Zainudin Malangduring the Stakeholders Forum on
Mindanao ConflictMonitoring Processes organized by the World Bank
in
partnership with the Office of the Presidential Adviser onthe
Peace Process on October 11, 2010.
The forum engaged the key actors in conflict monitoring toshare
their experiences and to involve the civil society,academia, and
the government in the design andapplication of an appropriate the
conflict monitoringdatabase.
Atty. Malang read a paper he wrote on the experiences
andchallenges faced by the conflict monitors in Mindanao.World
Banks Coordinator for the State and PeacebuildingFund Program
Robert Wrobel shared the conflict
monitoring experience in Aceh. Rexall Kaalim ofMindanao Peoples
Caucus also gave his insights.
In his presentation, Atty. Malang stressed that the conflictin
the Bangsamoro areas is by far the most severe amongthe conflicts
in Mindanao in terms of the number of violentincidents and its
impact on civilians. Unfortunately, headded, reliable data on the
conflict is lacking
Data generation is difficult for a number of reasons.Among those
that he specified are physical access to theareas compounded by
lack of communication facilities in
the conflict affected villages; security concerns; definingthe
strategy of monitoring, and the dilemma ofdetermining whether the
incident is part of the conflictbetween the military and the
mainstream Moro LiberationMovements.
All these contribute to poor data generation resulting tothe
discrepancies in the conflict incident reports. Both thegovernment
and the MILF see the need for a reliable andimpartial monitoring
system. Thus, they created and
Jaga Kawagib3
Civilian Protection PAGE 4Inconsistent data generation also
affects the delivery of reliefservices to the evacuees.
MinHRAC works together with the 8 Regional ManagementCommittees
of one of its convenors the CBCS. Photoabove is with the RMC for
Zamboanga City.
mandated the International Monitoring Team (IMT) whichworks
closely with the Joint Ceasefire Committees of theGRP and the
MILF.
But the IMT only has around a total of 40 monitorscontributed by
the governments of Malaysia, Brunei,Libya, and Japan to monitor 13
conflict affected provinces.
Atty. Malang believes that the residents of the conflictaffected
areas is a huge yet untapped monitoring resourcethat can complement
the limited manpower of the IMT. Inany conflict incident in their
area they are the first toknow, in the best position to interpret
it and have thebiggest interest in reporting it, added Atty.
Malang.
With these in mind, the MinHRAC tapped into grassroots
non-governmental organizations (NGOs) and peoplesorganizations
(POs) to form the backbone or itsmonitoring. These NGOs and POs
have contributed theirgrassroots network to MinHRACs civilian
protectionmonitoring system. To more effectively and
efficientlycoordinate their activities throughout the entire
conflictaffected region, ten (10) Field Monitoring
CoordinatingCenters were established.
With this system in place, the MinHRAC is already able totimely
refer ceasefire violation reports to the IMT and the Joint CCCH
while non-security related needs of civiliansare immediately
referred to partner humanitarian
organizations. As a sitting member of the ad-hoccoordinating
bodies for the various humanitarian aidagencies operating in the
conflict affected areas (ProtectionWorking Group and Mindanao
Humanitarian Team), theMinHRAC is in a position to convey the
humanitarianneeds of the grassroots to the agencies concerned.
The key to sustaining the interest of the grassroots inconflict
monitoring is to show them that there issomething in it for them
and not just for those who obtainthe output of their monitoring.
Atty. Malang said.
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Civilian Protection from page 3
The MinHRAC believes that membership in the CivilianProtection
Component of the GRP-MILF Peace Process cangive these communities
an empowering tool by which theycan communicate their security,
human rights, andhumanitarian concerns to the groups most
responsible orhaving the most impact on such concerns.
This is probably where MinHRAC can offer something inreturn to
the communities it monitors. After all,MinHRACs traces its origin
to the grassroots and it is onlyappropriate that they be its first
and foremost clientele.
PNP Personnel preventing access to MinHRAC tosee the illegal
detainees.
MinHRAC ProvidesLegal Intervention Services
The MinHRAC has been engaged to provide emergency legalaid ever
since its inception. More recently, however, this aidhas been
systematized under the Humanitarian/Human
Rights Quick Response Department. Together with itsCivilian
Protection/Human Rights Department are the coreprograms of
MinHRAC.
Since the first quarter of this year, the MinHRAC providedlegal
counseling and legal assistance to victims of illegalarrests,
torture, rape, and recently, land disputes. Some ofthese cases are
the following (note: names have purposelybeen made fictitious):
In March, the family of brothers Abdul and Kader who
werearrested in Manila together with a person named Fahadsought the
help of MinHRAC in filing their counter-affidavit.
The parents of the brothers were afraid that their sons mayhave
been tortured. MinHRAC immediately contacted itsvolunteer lawyers
in Manila to conduct immediate prisonvisitation, together with the
Commission on Human Rights(CHR). The CHRs medico-legal report
confirmed signs ofserious physical abuse, some of which coincide
with thedetainees claims of electrocution.
On September 13, a certain Badruddin was arrested in DatuSalibo,
Maguindanao. Fearful of possible abuse of their son,the parents
immediately sought the help of MinHRAC which,together with the
father and a staff of the CHR, conducted animmediate visitation at
a detention facility in Cotabato City.
Bruises were seen on the Badruddins body. A few nightsafter his
arrest, he was brought to a military camp in Manilawhere he was
subjected to more serious physical abuse.MinHRAC coordinated with
the Metro Manila office of theCHR to provide on-site assistance. A
well-knowninternational NGO was also tapped to provide
medicalexamination as well as assisting the family of the
detaineevisit him.
Also on September, a certain Alvin was arrested in DavaoCity.
His family immediately sought the assistance ofMinHRAC which
promptly went to General Santos to follow
a lead that he was brought there. However, the teamlearned that
he is no longer there and is already at amilitary camp in Metro
Manila. In addition toMinHRAC, a lawyer from the Mindanao Peoples
Caucus,another member organization of the CPC, was also atGen.
Santos to offer its help to the family. One ofMinHRACs allied
organization that provides legal aid isnow handling this case.
Interviews by the lawyerrevealed the infliction of serious physical
abuse on the
detainee, including electrocution.
Another high profile case in which MinHRACs help wassought is
the recent rape case in Maguindanao of amedical personnel. Attorney
Anwar Malang, MinHRACChairman of the Board immediately provided
legalcounseling to the IPHO-ARMM health chief provided onwhat
recourse are available.
The month of October saw two cases being brought tothe attention
of MinHRAC is the arrest withoutwarrants of four men in Cotabato
City supposedly as
suspects for a bus bombing incident. Two of thosearrested were
released the same day but the other tworemained. Attempts by the
family, accompanied by astaff of the CHR and MinHRACs team of
lawyers,volunteer doctor, and HR volunteers to immediately seeand
confer with the two were repeatedly denied by thearresting officers
of the North Cotabato PNP who hadcustody. It was only when custody
of the two weretransferred that the two could finally be examined
andinterviewed. They complained of serious physicalinjuries
inflicted during the time that their family,lawyers, and doctor
were prevented from seeing them.
The other case in October involved a man on amotorcycle who was
stopped and arrested at acheckpoint in Sultan Mastura, Maguindanao
without awarrant being shown to him. Interview with
witnessesrevealed that no warrant was shown. MinHRAC,
incoordination with the CHR, immediately traced thewhereabouts of
the detainee since the captors did notsay where they are taking
him. The detainee waseventually traced at CIDG in Cotabato City. It
waslearned that he was taken for a warrant issued in thename of
another person. The person was released onthe same day that CHR and
MinHRAC intervened.
