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,