MANILA - The Commission on Human Rights (CHR) slammed the
draft Senate report on the Mamasapano incident, saying emotions
prevailed over objectivity in the presentation of the findings.
CHR chairperson Loreta Ann Rosales said the findings, disclosed by the office of Senator Grace Poe last week, easily jumped to conclusions in saying that the incident was a “massacre” and not a mere “misencounter.”
"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," Rosales said in a statement released by the Office of the Presidential Adviser on the Peace Process (OPAPP).
"The mere use of high-powered firearms and mortars does not automatically equate to cruelty, inasmuch as it was not clearly established who, between the MILF (Moro Islamic Liberation Front) and BIFF (Bangsamoro Islamic Freedom Fighters), used what," she said.
Rosales noted that the Special Action Force (SAF) troopers were also armed. While their situation was dire then, they can’t be considered helpless, she added.
"Worse, 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,” she said.
Rosales also expressed dismay over the draft report’s accusation that the OPAPP failed to negotiate a fair agreement for the government because it “suffered an excess optimism” in the peace process.
"While the BBL may have its defects, a court of law has yet to rule on the legality of its provisions. That legal luminaries have weighed in on both sides of the argument is a clear indication that even experts are divided on the matter. In any case, the BBL is pending before Congress, precisely to give Senators and Members of the House of Representatives the opportunity to review its provisions," she said.
Rosales said the complex issues in Mindanao are not easy to resolve. She likened the Bangsamoro peace process to the situations in El Salvador and Northern Island, which took years to resolve their situations with rebels.
Rosales cautioned everyone not to make sweeping statements on the Mamasapano issue. She warned them against polarizing public opinion.
"(The) Senate Report trivializes the maturity with which the MILF has chosen to deal with the situation, i.e. by forging on ahead with the peace process and signing the protocol on the decommissioning of its weapons and forces,” she said.
She said the MILF’s failure to control ground troops should not be equated to its alleged insincerity in the peace process.
"The inability of the MILF leadership to control a few elements of the BIAF (Bangsamoro Islamic Armed Force) has nothing to do with its sincerity in entering into peace negotiations. The actions of a few rogue members cannot and should not be interpreted as the actions of the whole," she said.
CHR chairperson Loreta Ann Rosales said the findings, disclosed by the office of Senator Grace Poe last week, easily jumped to conclusions in saying that the incident was a “massacre” and not a mere “misencounter.”
"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," Rosales said in a statement released by the Office of the Presidential Adviser on the Peace Process (OPAPP).
"The mere use of high-powered firearms and mortars does not automatically equate to cruelty, inasmuch as it was not clearly established who, between the MILF (Moro Islamic Liberation Front) and BIFF (Bangsamoro Islamic Freedom Fighters), used what," she said.
Rosales noted that the Special Action Force (SAF) troopers were also armed. While their situation was dire then, they can’t be considered helpless, she added.
"Worse, 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,” she said.
Rosales also expressed dismay over the draft report’s accusation that the OPAPP failed to negotiate a fair agreement for the government because it “suffered an excess optimism” in the peace process.
"While the BBL may have its defects, a court of law has yet to rule on the legality of its provisions. That legal luminaries have weighed in on both sides of the argument is a clear indication that even experts are divided on the matter. In any case, the BBL is pending before Congress, precisely to give Senators and Members of the House of Representatives the opportunity to review its provisions," she said.
Rosales said the complex issues in Mindanao are not easy to resolve. She likened the Bangsamoro peace process to the situations in El Salvador and Northern Island, which took years to resolve their situations with rebels.
Rosales cautioned everyone not to make sweeping statements on the Mamasapano issue. She warned them against polarizing public opinion.
"(The) Senate Report trivializes the maturity with which the MILF has chosen to deal with the situation, i.e. by forging on ahead with the peace process and signing the protocol on the decommissioning of its weapons and forces,” she said.
She said the MILF’s failure to control ground troops should not be equated to its alleged insincerity in the peace process.
"The inability of the MILF leadership to control a few elements of the BIAF (Bangsamoro Islamic Armed Force) has nothing to do with its sincerity in entering into peace negotiations. The actions of a few rogue members cannot and should not be interpreted as the actions of the whole," she said.
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