We are now only a month away from when Duterte will inevitably ask Congress to extend martial law for another year. Between now and then various officials will come out saying why they are in favour of such an extension. Let's take a look at a few who have already voiced their opinion and pick them apart. Each person is basically saying the same thing so be warned this might get redundant.
Keep in mind what the constitution gives as reasons for declaring martial law:
The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
The phrase "when the public safety requires it" should equivocate with the phrase "to prevent or suppress lawless violence" in the previous sentence.
"If they ask the opinion of the PNP, if ever that they will ask for the agency's position, we will support the extension, especially with the incoming elections. Mas maganda 'yan (That's better)," Albayalde said in a press conference.
Defense Secretary Delfin Lorenzana earlier told reporters that the police and military have the entire November to monitor threats and ask Mindanaoans for their view on prolonging military rule.
It appears that the PNP had already completed its own probe into Mindanao. Aside from the upcoming elections as a reason, during the briefing, Albayalde said in Filipino, "We got information, not on an actual survey, but based on the public, they want martial law in Mindanao."
Lorenzana himself earlier flagged martial law as an "extreme measure" that should not be conditioned as necessary for the safety of Mindanaoans.
"It's because martial law is like the last, the extreme measure that the government uses. I think it should not be used lightly if we don't need to use it," Lorenzana said during a House of Representatives budget briefing of his department last August.
The Chief of the PNP gives as reasons for extending marital law the safety of the upcoming elections and the fact that Mindanaoans want martial law. Neither of those reasons are constitutional. If Albayalde thinks there is so much lawless violence which needs suppressing or preventing safeguard the elections and the people then he should have come out and said that. But he did not.
Lorenzana is more cautious about the matter and that is good. Martial law is an "extreme measure" which should not be touted as a safety measure for Mindanao when it is not required.
"We still would like to think that the extension of martial law should be on a last-resort basis.... It is an instrument for us that will be considered as a last resort, but if it is needed, as dictated by the situation and the desire of the people, then so be it. Susundin natin 'yun (We will follow that)," Esperon said.
Esperon has not yet recommended an extension, unlike Interior and Local Government Secretary Eduardo Año and Philippine National Police (PNP) chief Director General Oscar Albayalde. The national security adviser said he wants a comprehensive study on the sentiment of Mindanaoans on martial law extension and state of security to be completed first.
Esperon, who was also a presidential adviser on the peace process, disclosed that, from what he had been hearing, "majority of Mindanaoans" favor another extension.
Esperon, like Albayalde, thinks an extension of martial law must be based on the desire of the people. He also says he wants a comprehensive study on the "state of security" before he makes any recommendations. Most people are probably like Esperon in that they have been hearing that a majority of Mindananoans want martial law. In fact that is what the government keeps repeating again and again and again. But where are the surveys? Have there been any? Has the AFP or PNP gone door-to-door asking if people want another martial law extension? That scenario is highly doubtful.
The uneasy "state of security" is not an unwarranted reason to declare martial law. If there is lawless violence and the security of the state and people are at risk then that is a valid reason to declare marital law. The desire of the people is not a valid reason. And not all Mindanaoans are in favour of another extension.
Marawi civic leader and senatorial aspirant Samira Gutoc is opposing a 3rd extension of the martial law in Mindanao, saying martial rule in the southern island has not addressed basic human dignity issues in the southern island.
“Nakita natin (We can see that) after 17 months of Marawi that there is still not food accessible for the poorest, there’s still missing people, there [are] children who are still hospitalized. It doesn’t say that martial law has fully addressed basic human dignity issues,” said Gutoc.
“You don’t need martial law ruling. Hindi ka araw-araw may martial law (You don’t need martial law every day),” she added.
The Liberal Party’s senatorial bet believes people-centered movements, not another martial law extension, would help bring about peace in Mindanao.
“Peace movements are grassroots. Definitely we work with the church, we work with grassroots leaders and movements of masses across Mindanao… As LGUs (local government units), tayong mga mayors (as mayors), are we giving up power? As congressmen, are we giving up power to suppress rebellion within our communities?” asked Gutoc.
“Nasa atin ‘yon eh. Nasa ating karapatan (It’s in us. It is part of our rights) – the will to walk the streets and stop criminals, talk to emissaries and liaison people to stop terrorism, stop the kids who are thinking this way. Importante ‘yon eh (That’s important). You don’t give up power, because that’s what martial law says. You’re giving it up for national implementation,” she added.
“I would say that this administration has to recommit to the fundamental precepts of what Mindanao stands for, which is interfaith, solidarity and peace. Very important po 'yan (That’s important). You cannot escape from faith, from respecting human life,” said Gutoc.
Does this gobbledygook even require a response? Martial law is not supposed to address human dignity issues or put food on people's tables or find missing people. It is to stop an invasion, rebellion, or suppress or prevent lawless violence. This lady is opposing an extension for all the wrong reasons.
“Based on the feedback of the people of Mindanao, I would rather opt for another extension,” he told reporters in a chance interview.
Again what is this feedback? From LGU's? From business owners? From poor farmers and shanty dwellers? Who is giving the feedback and how did they give it? Still not a valid reason to extend martial law.
Now for the last recommendation. This one is from the AFP Chief.
"It’s still practical particularly that we will be having the plebiscite in January and also we have also the coming elections," Galvez said.
Are you surprised that the AFP Chief did not give a constitutionally valid reason for extending martial law?
None of these recommendations are formal. The AFP still has to assess the situation on the ground.
"We are still conducting assessment and consultation," said Lt. Gen. Benjamin Madrigal, commander of the Davao City-based Eastern Mindanao Command, adding results may be known before December.
What kind of assessment is the AFP in need of making? Do they not know the state of Mindanao? The underlying assumption, which no one has the guts to say out loud, is that Mindanao is in a perpetual state of lawless violence which threatens the security of the state and the people and marital law is a stop-gap measure holding back a river of blood. If such assessment is true why not just say that? Why not just tell the people about the numerous armed groups and petty and violent criminals causing terror in Mindanao?
But is it even true? Is Mindanao in a perpetual state of lawless violence? DND Sec. Lorenzana has said the NPA will be defeated by Q2 2019. The AFP says that Maute remnants have lost the will to fight. Huge numbers of terrorists are allegedly surrendering.
Duterte is even willing to give the NPA land!
“Do not confiscate or seize or occupy the lands that are already owned. Don’t do that. Don’t steal lands that already have tenants,” he said.
“Let’s talk. I’ll give you land. What will I do with those anyway? It’s not mine. I told Secretary [Castriciones] to distribute government-owned lands tomorrow...the lands that weren’t included as reservation for schools,” he said.
Every indication from the government is that Mindanao is safer than ever as a result of martial law and that there is no widespread lawless violence.
A second year of martial law in parts of the Philippines is squelching any comeback by violent Muslim insurgents after a civil war, despite earlier fears that the order would also curb common people’s freedoms, witnesses say.
A network of road checkpoints outside major cities, permission for authorities to frisk people without warrants and evening-to-morning curfews have helped troops throttle further violence by Muslim rebels without routine harassment of common people, said Eduardo Araral, a Mindanao native and associate professor at the National University of Singapore’s public policy school.
“That (law) could slow down the plans of the terrorists or even small wildcat operations,” he said. “They couldn’t just enter the cities without being frisked at the borders by the military, and they needed martial law for that,” he said. “So, I think it also calmed down the nerves of the city residents. My relatives who live in Mindanao are very happy with this.”
Martial law in Mindanao has restricted the movement of armed rebels, including possible Islamic State operatives, largely by keeping them out of the cities. Cities in turn empty after dark because of the curfews.
Rural military and police outposts established under martial law are freer now to track rebel movement by stopping and interrogating suspects.
Martial law is widely accepted for now as a tool for squelching rebels as well as the illegal drug trade, said Habib Macaayong, president of the Mindanao State University system based in Marawi.
“Martial law is very helpful because it is an instrument for controlling various elements, and it is very good for the meantime,” he said.
It's a catch-22 situation. Martial law has tamed the lawless violence in Mindanao to a large degree. There is still violence to be sure. Foreign fighters are still looking to join the jihad in Mindanao. Petty and violent
crimes have plummeted
. But if martial law were to be lifted the floodgates would
open up again and all the armed groups would be freer to move around and commit violence. Common criminals would be able to prowl the streets for prey once more. Murders and rape would sky rocket. Anyone with a bit of sense knows this is true. The Muslims in Mindanao cannot contain their violent lusts. That is simply a fact of life.
So why won't the government just come out and say that? Why can't they just be honest about the situation and tell is like it is? Why prevaricate and talk about safeguarding elections and the will of the people and not talk about the violence in Mindanao? Why not just come out and tell the truth?
But on the other hand before the Marawi siege there was no martial law despite the widespread lawless violence in Mindanao. The Marawi siege was the reason martial law was declared and now the siege is over. Mindanao is back to where it was before the siege which is a relatively violent place that is not so violent people can't attend school or shop at the mall or where a Canadian can't live and try to convince everyone that Mindanao is safe but is violent enough for countries to issue travel warnings for Mindanao.
What is the solution?
Duterte has already given the solution when in September 2016 he declared the entire nation in a
state of lawlessness. That means a heavy military presence and checkpoints without the suspension of habeas corpus. It's martial law lite one could say.
The President explained that it will not be martial law, but he emphasized that more military movements will be implemented.
Did everyone forget about that?
Of course even this
proclamation is open to abuse as seen in
the AFP's takeover of the BOC which was based on this declaration of lawless violence.
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