- Written by Benjamin B. Pulta
- Saturday, 16 March 2013 00:00
DoJ chief throws book at Kiram’s fighters
Sen. Miriam Defensor- Santiago yesterday said the Philippines and Malaysia should avoid further bloodshed in Sabah by agreeing to appoint a third-party to conduct, under international law, “inquiry and factfinding” on the recent spate of violence between Filipinos and Malaysian security forces.
At the same time, Justice Chief Leila de Lima threw the book at Sultan Jamalul Kiram III’s fighters, saying that more than three dozens suspected militiamen loyal to the Sultan are to be charged with illegal arms possession, “provoking war and giving motives for reprisals.”
The men who were nabbed fleeing war-torn Sabah are alleged supporters of Rajah Muda Agbimuddin Kiram, the crown prince and brother of Jamalul who had ordered a “homecoming” to lands which they claim to be Philippine property.
De Lima said cases would be filed before the Bongao, Tawi-Tawi Regional Trial Court after inquest proceedings and were completed to determine whether they should remain under custody and correspondingly be charged in court. The 38 will be detained in a naval facility in Panlima, Tawi-Tawi, De Lima said.
The Western Mindanao Command intercepted two boats carrying the men drifting in the Sulu Sea, fleeing the hot pursuit by Malaysian security forces.
Some were reportedly wounded and included at least one female.
At least 56 gunmen had reportedly been killed in the ongoing battles although not all the bodies had been recovered. The group is part of a contingent
of 250 armed volunteers who sought to uphold the Sulu sultan’s claim and are facing 10 battalions of Malaysian ground troops and air bombing.
Santiago said that in July, when Congress begins sessions, if necessary, she will file a resolution “expressing the sense of the Senate that the Philippine President should invite Malaysia to agree on a third-party who shall conduct an inquiry and fact-finding on the alleged violent acts during the recent Sabah event.”
She issued the statement during her keynote speech at the annual convention of the Association of Nursing Service Administrators of the Philippines, held Friday at the Manila Hotel Fiesta Pavilion, and attended by some 1,000 nurses from all over the country.
The senator said that under the 1907 Hague Convention for the Pacific Settlement of Disputes, the method of inquiry and fact-finding can be used “to facilitate a solution of disputes by elucidating the facts by means of an impartial and conscientious investigation.”
She said the method of inquiry and fact-finding does not involve the investigation or application of the rules of law.
Santiago said that a 1991 UN Resolution defines fact-finding as: “Any activity designed to obtain detailed knowledge of the relevant facts to any dispute or situation which competent UN organizations need in order to exercise effectively their functions in relation to the maintenance of international peace and order.”
“Under international law, impartial fact-finding facilitates peaceful settlement of disputes, particularly settlement by negotiation, mediation, good offices, or conciliation,” she said.
Santiago said the United Nations and other international organizations have availed of inquiry and fact-finding in such cases as the 1981 involvement of mercenaries in an invasion of the Seychelles; the 1987 use of chemical weapons in the Gulf War between Iran and Iraq; and the 1988 destruction of Korean Air Lines Boeing 447.
Even as she called for an inquiry and fact-finding, Santiago said that it is urgent for the Aquino administration to implement the principle of diplomatic protection over Filipino nationals.
“International law prohibits the use of force. But there is an unwritten exception which allows states to protect or rescue their nationals by means of armed forces in the territory of another state. However, this exception should not be invoked, unless the Philippines has to carry out rescue operations,” Santiago said.
The senator said that before the Philippines can undertake rescue operations in Sabah, the government should observe some preconditions.
These are that the life of Filipino nationals should be genuinely in danger; Malaysia is unwilling or unable to ensure the safety of the persons concerned; the Philippines does not pursue any other purpose at the occasion of the operation; and, the scale and effects of the military force used are adequately measured to the purpose and conditions of the operation.
Santiago cautioned that any rescue operation should observe the principle of necessity, as well as the principle of proportionality.
At the start of her speech, Santiago said that the disputed 1878 Deed over Sabah executed by the Sulu sultan in favor of two Europeans is described as a “deed of pajak,” meaning lease.
She said that since the Deed was merely a lease, the Sulu sultan never transferred sovereignty to the Europeans, who eventually formed the British North Borneo Co. (BNBC) which later transferred sovereignty to the British crown and then to Malaysia.
“Since no transfer of sovereignty was involved in the 1878 Deed, no transfer of sovereignty has ever been passed to Malaysia,” she said.
The senator even quoted several statements by the British foreign minister at that time, Lord Granville, that sovereignty remained in the Sulu sultan.
Santiago said the Philippines has never abandoned its Sabah claim because Sabah is rich in oil and gas reserves, and Sabah could be used by terrorists as a springboard of a pan-Islamic state, thus raising a security risk.
Meanwhile, with the escalation of the armed conflict in Sabah, candidates of the United Nationalist Alliance (UNA) yesterday expressed concern over a full-blown humanitarian crisis in Muslim Mindanao and its impact on the local peace and order and economic situation.
The UNA candidates said that as a result of the administration’s mishandling of the Sabah issue, the conflict “has already reached our shores” in the form of thousands of Filipino refugees requiring immediate government assistance. The impact will be on the peace and order, employment and economic situation in the area, they said.
They also expressed dismay over the political opportunism of some ranking administration officials who are using the tragedy that has befallen Filipinos for photo opportunities.
UNA cited media reports that the arrival of a boat filled with refugees, among them children and pregnant women, was deliberately delayed to allow a Cabinet official to welcome the refugees.
“This is callous and insensitive. Our kababayans are hungry, tired and fearful. All they want is to come home. But according to media, their boat had to stop in the middle of the sea for several hours so they can arrive in time for this Cabinet secretary to welcome them,” said UNA senatorial candidate Mitos Magsaysay.
“The government has been misleading the people by reporting that there has been a breakthrough with the Sultan of Sulu only to be disputed by the Sultan himself that he has not authorized the talks with (Interior) Secretary Mar Roxas,” Magsaysay added.
The three-term Zambales solon said that the actions of the Philippine government against its own people has exacerbated the situation.
“The situation has exacerbated with our Muslim brothers by threatening them with cases which only consolidates them more to fight for their rights to Sabah and get the sympathy of our countrymen,” said Magsaysay.
UNA senatorial bet JV Ejercito Estrada said the “flight of thousands of Filipinos to Tawi-Tawi and Sulu from Sabah shows the gravity of the situation. I’m bothered by reports of abuses allegedly committed by Malaysian police officers against evacuees of Tausug descent on suspicion that they are abetting the so-called Royal Army of Sulu.”
Ejercito Estrada added that the government should immediately investigate reports of abuses against Filipinos in Sabah.
“If the reports are proven true, the Aquino administration must condemn these human rights violations and act accordingly,” he said.
For her part, UNA senatorial candidate Nancy Binay said “government needs to pay particular attention to the needs of children and women, especially pregrant women who require special medical attention.”
“It is depressing to read stories about a pregrant woman dying. And this should prompt authorities to take the needed steps to respond to their needs. Children are particularly vulnerable and need greater attention in terms of medicine, food and trauma counseling,” Binay said.
Magsaysay likewise added that the wrong approach used by the government which is “pushing for Malaysian interest rather than our own alienates our countrymen to this administration.”
“They have failed to protect our own citizens and are allowing them to be casualties of violence in Sabah. The blood of the people is in this government’s hands as they have shown no concern whatsoever to what may be the consequence to our Muslim brothers which may spillover to Mindanao,” Magsaysay said.
“The foregoing confrontation and the consequent loss of lives on both sides will not help Malaysia and the Philippines. We appeal to the Malaysian government and the Sulu Sultanate to head calls to peacefully resolve the Sabah conflict,” Estrada appealed.
Charlie V. Manalo
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