Mar 012015
 

The Moro Islamic Liberation Front’s refusal to surrender fighters involved in a clash with the police Special Action Force (SAF) troopers last January could derail the passage of the proposed Bangsamoro Basic Law (BBL), a lawmaker has warned.

Cagayan de Oro Rep. Rufus Rodriguez, chair of the ad hoc committee on the BBL at the House of Representatives, said the measure will face rough sailing if the MILF will not turn over its members involved in the Jan. 25 encounter in Mamasapano, Maguindanao since lawmakers are demanding for justice for the 44 SAF commandos killed in the incident.

However, he said the MILF should only be asked to surrender its members once the Department of Justice (DOJ) concludes its investigation and identifies fighters from the Moro group as among those liable for the death of the SAF troopers.

“If there is no finding yet and if the MILF is not going to surrender its people, there’s a big possibility that the BBL will lose in the House of Representatives,” Rodriguez told dzBB in an interview. 

Asked if the MILF’s refusal will be the deal breaker against the BBL’s passage, the lawmaker said: “Yes, that’s really the deal breaker if they (MILF) will not cooperate to achieve justice in the country.”

April 2 deadline

The MILF’s surrender of its members involved in the clash was one of the three conditions set by lawmakers to rebuild confidence in the group’s commitment to the peace process. However, the MILF has ruled out the gesture, saying its leadership will be responsible for meting out sanctions for its fighters. 

The Bangsamoro bill seeks to formalize the creation of the new political entity that will replace the existing Autonomous Region in Muslim Mindanao (ARMM). It is the product of the comprehensive peace agreement signed by the government and the MILF last year.

Justice Secretary Leila de Lima has given the DOJ until April 2 to finish its probe on the bloody clash and come out with recommendations on who should be held liable for the incident. 

Sought for comment on Rodriguez’s statement, MILF chief negotiator Mohagher Iqbal said the group is only operating on the basis of protocols of the  peace talks. 

“SAF violated the ceasefire and TOR (terms of reference) of the AHJAG (Ad Hoc Joint Action Group (AHJAG). SAF also viewed the MILF as the enemy. They were in full combat. Who’s the guilty party?” he asked. 

‘Lack of coordination’

Under the AHJAG’s terms of reference, the Tactical Operations Center or Tactical Command Post of government forces must coordinate with the AHJAG and MILF forces to avoid unnecessary confrontation.
The lack of coordination was cited as one of the reasons for the encounter between the MILF fighters and SAF troopers in Mamasapano. The police commandos were in the area to carry out a covert operation to nab high-profile terrorists Zulkifli bin Hir alias Marwan, Amin Baco alias Jihad, and Abdul Basit Usman.

Members of the Bangsamoro Islamic Freedom Fighters and private armed groups were also involved in the clash.

Asked if the MILF will remain firm in its refusal to turn over its fighters involved in the clash, Iqbal said: “Wag natin masyadong palalimin. It inflames [the] situation. Media should help cool down the situation.”

MILF vice chairman Ghadzali Jaafar told reporters in Camp Darapanan, the main MILF camp in Maguindanao, this week that turning over MILF fighters is “a political question” that the group will not answer yet.

Obligation to cooperate

But even as the MILF remains firm in its stand, Rodriguez believes it is not an exercise in futility to ask them to surrender its members should the DOJ find probable cause to indict them over the Mamasapano clash.

Citing how the group had agreed to return the slain SAF troopers’ firearms and help in the government’s pursuit of Usman, Rodriguez said he is hopeful the MILF will do its part in ensuring justice is served for the commandos who died in Mamasapano.

“[The MILF] can see the report and who the witnesses are and [what are] the evidence— they’d see also this is based on evidence and there’s probable cause. It’s therefore their obligation to cooperate with the DOJ to [ensure] the continuation of the peace process and success of the BBL,” he said.

The MILF said it lost 18 fighters in the clash. — JDS, GMA News

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