March 22, 2015

CHR 'concerned' over some conclusions in Senate report on Mamasapano - GMA News


A Senate report on a joint-committee investigation into the Mamasapano clash in January was overly emotional, made hasty conclusions, and used terminology that could adversely affect the peace process, Commission on Human Rights chairperson Loretta Ann Rosales said over the weekend.

“The Commission must voice its concern over some of the statements made in the Senate report, which give the appearance that emotion, rather than objectivity, prevailed in the articulation of its findings,” Rosales said in a statement posted Saturday said.


In particular, Rosales took issue with the use of the word ‘massacre’ to refer to the encounter. The CHR said the fact that both the Philippine National Police-Special Action Force and the members of the Moro Islamic Liberation Front and the Bangsamoro Islamic Freedom Fighters were armed meant it was no massacre.


“While the Commission commiserates with the families of the victims and acknowledges that the killing of the Fallen 44 was unjustified, categorizing the incident as a ‘massacre’ is excessive. This characterization also overlooks the fact that the SAF were armed, albeit outgunned. In other words, although their situation was dire, the SAF were not necessarily ‘helpless or unresisting,’” Rosales said.


The Jan. 25 incident ended in bloodshed after the SAF commandos attempted to serve a warrant against three terrorists in Mamasapano, Maguindanao.


The operation was done without coordination with the MILF, with which the government has an existing peace agreement, despite ceasefire protocols.


The SAF lost 44 troopers while the MILF has said 18 of its fighters in the clash. Five civilians, inlcuding a child, were also killed. The Senate report focused on the deaths of the 44 SAF men.


'Mamasapano not a trap'


But while the SAF suffered the most casualties, Rosales said the Senate was wrong in calling the encounter a “trap.”


“The Senate report describes the situation as akin to walking into a trap. This equates the incident to an ambush, which is not borne out by the records because the MILF itself, much less the BIFF, was unaware of the arrival of the SAF,” the statement said.


In the same statement, the CHR also cautioned the Senate committees against calling the MILF insincere in their desire to work with the government in the peace process, just because its leadership does not have full control of all members.


“The inability of the MILF leadership to control a few elements of the BIAF [Bangsamoro Islamic Armed Forces, the armed wing of the MILF] has nothing to do with its sincerity in entering into peace negotiations. The actions of a few rogue members cannot and should be interpreted as the actions of the whole,” Rosales said.


The CHR also pointed to the willingness of the MILF leadership to continue with the peace process just days after the attack, as proof of their commitment to peace.


“In spite of the incident of 25 January 2015, the MILF signed the protocol on implementing the decommissioning of MILF arms and forces only days later, on 29 January 2015. In effect, the Senate report trivializes the maturity with which the MILF has chosen to deal with the situation,” Rosales said.


The CHR conducted one of many parallel investigation into the clash, where more than 60 people were killed. Patricia Denise Chiu/JDS, GMA News





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