National Summit on International Humanitarian Law in the Philipppines 47 also buttress that claims that they are asserting in the peace and order council at the national from a party that has committed oneviolation. level. And the orientation is now towards developmentandthe inclusion ofvarious sectors “To give you one example, a tribal community other than government agencies into the in Abra has decided that no armed group shall committee of councils. enter withoutpermission within this community. improvementin that regard. So, there is an And whenthe NPA violated that they will engage the NPA in a meeting and the NPA actually pay ���Now, much towards states and shaggering P5,000.00 for that violation. The sameis true battles keep on going on in Mindanao and some when some soldiers are involved in some case. areas by cessesionists and insurgent groups. And In Kalinga for instance, a tribal community IHLis there to a sort oftemperthe conflict. Much managedto prevent the escalation of conflict as we want to put a stop andtarget for peace, because according to customary law sometimes the shorter end of the stick always fall on the the resolution is by retaliatory killing. But to a security forces of the state. certain extent that has also been adjusted through suggestion here by Lan Mercado on theforging otherforms of retribution.” ofacertain Memorandum ofUnderstanding. But And there is a these are all targeted between civilians, the CSOs Comm. Quisumbing and the military. Andlittle by little, the military “Whata wonderful example, Professor Ferrer. I findsitself in a tighter fix every time there is a think this is also in the light, because we are MOA orrestrictions ofactions ontheir part. And talking about how the indigenous people are there is no control on the otherpartyfrom going affected, to look at them as victims. Here, and to those MOAs,or controlling their actionsasfar partly thanks to the IPRA where weactually give as warfare is concerned. Thus, our military men title to the indigenous communities. They can are; put in a tight situation. It would be tighter enforce these resolutions and therefore be very to them if there are MOAs, the more MOAs, the active enforcers ofpeace and IHL.” more violations. So, how do we get out of that quandary?“ Question No.3 Mr. Enrique Garcia, DILG: Comm. Quisumbing: “First of all I would like to thank the presentors “Thank you very much, Mr. Garcia. Lan...? “ for their fine presentations. I hope we canall have a soft copy of your presentations. Ms. Lan Mercado: “T think we needto clarify our starting point. If “T would like to speak now as a private citizen you are referring to an experience in Central rather than in behalf of the bureaus of DILG. Mindanao, for example, the Memorandum of There was a suggestion earlier by Atty. Agreement, I am notsure if you are referring to Candelaria about making use of the Barangay for example, the phases of peace agreements Human Rights Action Center (BHRACs) in the which the communities themselves have with the peace and order council at the locallevel. I do conflict actors. That is something, I think, that not know whether a modification has been done should be lauded because in Central Mindanao,

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