Mindanao Civil Society Statement on the Ampatuan Massacre

November 27, 2009

(Read during the Ecumenical Gathering for Peace and Justice on November 27, 2009 held at Matina Town Square, Davao City)

 Representing the tri-people civil society of Mindanao – Lumad, Muslim and Settler – we reaffirm the strength of our mutual solidarity as diverse peoples and groups in this dark time.  As people unified in our belief that the human spirit cannot be extinguished, even by death, we acknowledge the centrality of our diverse spirituality in nurturing our spirits in this time of trauma. While this tragedy cuts across gender, social, religious, familial and cultural boundaries, we assert that this not be used as a pretext for violence, division or discrimination against any person or group by virtue of their religion, gender, family name or cultural heritage.  Though shocked and appalled by the events of this week, we state that our resolve is firm and our hope burns bright through our solidarity with each other and the creator.  As people who have been on the front lines finding alternative and non-violent ways to bring peace, justice and wholeness to our land, we know that it is critically important, now more than ever, that we make an explicit and concrete way forward through this tragedy.

 

We, the civil society organizations of Mindanao, stand in solidarity with the people of Maguindanao during this painful tragedy.  We deplore and condemn the senseless and brutal killing of innocent and unarmed people going about their daily lives and work and call for justice that meets the standards of both criminal law and global human rights.  Some were killed for exercising their right to participate in the democratic process or report the news, others were simply bystanders caught in the wrong place and time. But the searing pain and anger is the same for the relatives and friends of the victims, while in the back our mind is the nagging feeling that it could have been any one of on that road from Buluan to Sharriff Aguak on Monday, November 23.

 

And this is the reason for our horror as community workers, peace promoters, legal advocates and journalists. It reveals to us that the potential for violence that is already factored into our daily decisions to serve some of the most vulnerable communities is greater than we had feared.  In fact, the systems and society that we strive to improve are in much worse shape than we thought. Let us state emphatically, this is a stark and horrific reality check for our supposed democracy and social order.  As the National Union of journalists noted in their response this week, this could put the Philippines, “on the map as a candidate for a failed democracy.”  As democracy is a non-violent way of engaging competing power bases, an attack on democracy is an attack on the practice of non-violence.

 

We have learned that within every painful situation such as this lay seeds of peace and hope that will grow when watered by justice and truth.  While there is tragedy and danger in this reality, there is also an opportunity to transform this into something new and better.

 

We therefore make the following three (3) specific thematic recommendations to guide us through this tragedy in the hope of preventing further violence and bloodshed while bringing healing and hope to our land:

Healing Justice – A Path to Peace

Mindanao Civil Society Recommendations on the Ampatuan Massacre

 

Nonviolent Humanitarian Response:

1) We call for non-violent moral and spiritual leadership in our families and communities.  We mothers and fathers can no longer teach our children a culture of peace yet demonstrate a culture of violence.  This massacre simply makes obvious the reality that women, especially mothers, bear the brunt of violence throughout the world.  So we call women everywhere to step forward and take the place of those who have fallen in their service as peace builders. 

 

2) We affirm the right of relatives of victims and the public to express their grief, condemnation and demands for justice on this gruesome matter.  However, it does violence to demonize those responsible and generalize about their family members. That leads to the degradation and opens the door for further violence and violation of human rights.  While we denounce the brutality of the actions, we affirm the perpetrators rights to due process – no more, no less. No one is above the law, neither is anyone below it.

 

3) Promotion and dissemination of positive examples of non-violent cultural justice practices. It is too easy to for people to make negative assumptions about the socio-political culture of Maguindanao based on this incident.  For every one violent incident, how many are dealt with peacefully?  We therefore call on media to present a front page headline article of the many stories of Moro communities’ ways of non-retaliation, the peaceful ending of clan feuds and resolving of community conflicts without violence.

 

4) Speedy justice and sobriety and patience by those who are affected: We encourage the aggrieved families, friends and relatives to allow the impartial and rapid investigation into the killing to proceed.  Preliminary findings should be released by law enforcement officials at the end of 30 days in order to provide understanding into the incident and clarify further options for the victims.

 

Disarmament, de-escalation and prevention:

1) We call for the disarmament of the CVOs and the total disbandment of the private armies of all political clans and call on the government to uphold the constitutional provisions which bans private armed groups.  The Philippine police and army are already tasked to provide internal security.  We request the Philippine bar to petition the supreme court for a TRO on executive order 546 which allows local officials to convert their private armed group into legal entities as civilian volunteer organizations (CVO’s).

 

2) Coordinating all law enforcement with the Joint Coordinating Committee for Cessation of Hostilities (JCCCH). We note that the government might take this as an opportunity to go after suspects accused of human rights violations in the recent hostilities between the MILF and GRP, which might lead to displacement of civilians in other communities.  Great care should be maintained to prevent breakdown in the GRP-MILF ceasefire.

3) We recommend that local peace and order committees, peace groups, and other community based mediation groups activate crisis response teams to be on call to respond to potential conflicts. We ask community and government leaders to prevent spillover of communal violence into surrounding communities and the escalation of a cycle of retaliation between involved individuals, families or communities, or the settling of unrelated grudges by unrelated parties through violent means. We encourage the actions of municipal leaders in regulating the entry of armed groups, securing their areas from the proliferation of fire arms and the enforcement of the loose firearms law.

 

4) Demilitarization of Maguindanao: This cannot be used to justify the further militarization of Central Mindanao.  We call for withdrawal, within 45 days of the incident, of all supplemental police and military forces mobilized in the immediate aftermath.

 

Support for victims, justice for all:

1)  Preventive Suspension: We urge the government to issue a preventive suspension of the provincial governor of Maguindanao and ARMM regional governor while the case is ongoing to prevent the use of public office to protect their family interests.

 

2) Establishment of victims support fund: Funds will help pay for expenses to the victims, especially counseling and therapy services, along with a scholarship fund for their children

 

3) Formation of a mobile trauma healing team to assist victims in this tragedy.

 

4) Convening a civil society listening group on to make preliminary recommendations at the end of the 30 day period regarding the diverse justice practices that exist or could be manifested in Mindanao (i.e. legal, indigenous/cultural, Islamic, restorative and transitional).  Justice is not necessarily about going after the “bad guy,” as so many are calling for, or having just one legal option to pursue.  While we believe that the rule of law must be followed and perpetrators of this violent crime held accountable, we also believe in multi-faceted and deep justice that first of all listens to, and then helps bring healing, not just to direct victims, but to the wider community and society. 

 

5) We Invite the United Nations and other members of the international community to assist the CSO community to set up a Peoples Commission on Reconciliation and Truth-telling in Mindanao (Peoples CORT). The recommendations of the aforementioned civil society work group will provide basis for the establishment of a truly cultural process addressing the just needs of victims and the wider community. This would not supplant the current legal system, but we have found the Filipino system, as it is based on a conventional Euro-American model, to be ineffective in addressing the socio-cultural dynamics of this and other crimes and conflicts in Mindanao.

 

1. Mindanao Peoples Caucus (MPC)

2. Peacebuilders Community (PBC)

3. Mindanao Commission on Women (MCW)

4. Initiatives for International Dialogue (IID)

5. Akbayan

6. Alternate Forum for Research in Mindanao (Afrim)

7. Mindanao Farmers Development Cooeprative (MFDC)

8. United Youth for Peace and Development (UNYPAD)

9. A! Mindacom

10. Akbayan, Alliance of Progressive Labor (APL)

11. Managing Alternative Group, Inc. (MAGI)

12. Legal Rights Center-Kasama sa Kalikasan (LRC-Ksk)

13. Mindanao Comstrat and Policy Alternatives, Inc.  (ComStrat)

14. Tripeoples Concern for Peace, Progress and Development in Mindanao (TRICOM)

15. Holy Cross of Davao College

16. Pilipina

17. APL-Youth

18. SALIDA

19. Kinaiyahan Foundation, Inc.

20. Women Core

21. Hinabi

22. Women in White

23. Saligan

24. Technical Assistance for the Development of Rural and Urban Poor (TACDRUP)

25. Mindanao Peace Advocates Conference

26. CODE Foundation

27. Tambayan

28. Nagkahiusang Kababayen-an sa Barangay Tacunan

29. Akbayan-Davao

30. Oxfam

31. ALFI

32. Daughters of Zion

33. Boondocks

34. World March of Women

35. Sarilaya

36. ADDU

37. FARMCOOP-WomenCore

38. Jesus the Livign Spring Foundation

39. CPM