Martial Law: Lessons Learned Part 2

This is not only the last blog post of 2019 but it is the last blog post about martial law in Mindanao and the last post about lessons learned during martial law. The remaining categories to look at are Policy, Foreign Assistance, and Marawi and Mindanao.

3. Policy

Duterte's decision to extend martial law a third time for the whole of 2018 was the spark that caused certain Senators to bring a suit before the Supreme Court.  Those who supported martial law thought the suit was stupid and superfluous but they were wrong because the verdict set a stunning legal precedent.

http://newsinfo.inquirer.net/966785/sc-congress-may-indefinitely-prolong-martial-law

“The Constitution is silent on how many times Congress may extend a proclamation of martial law or the suspension of the privilege of the writ of habeas corpus,” the court said in a decision written for the majority by Associate Justice Noel Tijam. 

“The manner of Congress’ deliberation with respect to the President’s request for extension of martial law in Mindanao for one year is not subject to judicial review,” it added. 

The court said the 30-year-old Constitution “does not fix a period for the duration of any extension of a proclamation or suspension but expressly leaves the matter to Congress.” 

“Congress has the power to extend and determine the period of martial law and the suspension of the privilege of the writ of habeas corpus under Article VII, Section 18 of the 1987 Constitution,” the court said. 

“If the Constitutional Commission had intended to limit any extension to 60 days, it would have been expressly stated and would not have been left to Congress,” it ruled.

Like it or love it, indefinite martial law via extension is now 100% constitutional. Future presidents who decide to impose martial law can do so with impunity as long as Congress concurs with them. Surprisingly enough in the proposed federal constitution the statement about martial law is given word for word as in the current constitution with no change to reflect this ruling from the Supreme Court.

(b) In case of invasion, rebellion, or lawless violence, when the public safety requires it, he may, for a period not exceeding sixty (60) days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight (48) hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

https://pederalismo.org.ph/wp-content/uploads/2018/08/Concom-Final-Official-Copy-Proposed-Federal-Constitution.pdf

Maybe legal precedent precludes any need to change the wording in this part of the constitution.

Another policy change is the imposition of martial law itself which is to say the way it was carried out.  Last week I wrote that Mindanao was under the rigorous military rule of martial law but that is not exactly true. From the beginning we were told this would be a different kind of martial law.

https://www.gmanetwork.com/news/news/nation/615054/afp-on-duterte-s-marcos-type-martial-law-nationwide-but-sans-abuses/story/

Padilla said the military is making sure human rights are not violated during the current implementation of martial law in Mindanao, based on Duterte’s Proclamation No. 216. 

“You can see how the military is implementing martial law now, its complete regard for human rights and IHL [International humanitarian law] and the other protocols that have been established. So if there are any complaints, we are open to receiving those complaints and acting on it immediately,” Padilla said. 

“And that is also one of the instructions of the President previously that you also may have heard that he must ensure we are able to protect and save lives,” he added, referring to Duterte’s statement that law-abiding citizens need not worry about martial law.

Aside from vowing to implement an abuse-free martial law it seems the AFP put in place an invisible martial law.

https://www.voanews.com/east-asia-pacific/philippine-officials-consider-extending-martial-law-mindanao

Martial law lets troops and police work together without normal legal checks and balances. Authorities can also enforce curfews and randomly search vehicles. 

But in much of Mindanao, martial law is hardly noticeable. Around the port city Cagayan de Oro, for example, cars stop only between the domestic airport and downtown for routine checks. Police do not enforce curfews in the downtown mega-malls, upscale restaurants and major high-rise hotel. 

Road checkpoints turn up more often on highways around the Bangsamoro region, home to some 3.8 million mostly Muslim Filipinos. 

Just how was martial law implemented in Mindanao? LGU's and the PNP claimed the crime rate dropped during martial law but that may be due to the psychological effects of knowing martial law has been declared rather than the heavy presence of AFP troops and PNP officers. Attacks continued to happen even with martial law in place. These attacks include NPA, ISIS suicide bombings, and armed ridos or clan wars.  The AFP should look in depth at how martial law was implemented and at it's true effectiveness or ineffectiveness.

4. Foreign Assistance

When the Marawi siege ended Duterte thanked the Chinese for sending the gun that killed Abu Sayyaf leader Isnilon Hapilon. It was all a lie. 

https://www.reuters.com/article/us-philippines-militants-killing/doubts-about-smoking-gun-as-duterte-lauds-china-role-in-rebel-killing-idUSKBN1CP19W

Philippine President Rodrigo Duterte was eager to credit new ally Beijing in the death of militant leader Isnilon Hapilon, saying it was a Chinese rifle that fired the bullet that finished off Islamic State’s “emir” in Southeast Asia. 

The smoking gun that took out the region’s most feared insurgent on Monday was one of the 100 sniper rifles donated by China, Duterte said, although the ranger unit conducting the operation said the shot was fired from a heavier weapon mounted on an armored vehicle.  

“I would like to officially inform you, Ambassador Zhao, that the rifle that killed Hapilon was a sniper rifle made in China,” Duterte announced late on Thursday, to warm applause from the crowd.  

But the version of the final hours of the life of Hapilon and another rebel leader, Omarkhayam Maute, posted on the Facebook page of a member of the Army Scout Rangers, tells a different story.  

The blow-by-blow account on “Scout Ranger Books”, posted the day Hapilon was killed, tells of how the 8th Scout Ranger Company was engaging militants and was not aware the rebel commanders were among those they killed, until fleeing hostages told them.  

The soldiers operating at night used thermal imaging on an armored vehicle and the shot that killed Hapilon came from a gun mounted on top of it, according to the account. No mention was made of Chinese weapons or snipers.

A complete and total lie. The news about American involvement was also a lie. It started out by Duterte saying he was unaware the Americans were helping in Marawi.

http://davaotoday.com/main/politics/duterte-unaware-of-us-role-in-marawi-admits-philippine-army-is-pro-american/

President Rodrigo Duterte on Sunday said he is not aware of the role played by the US Special Forces in Marawi City. 

“I am not aware of that until they arrived,” Duterte said in an interview with the press inside the Camp Brig. General Edilberto Evangelista on Sunday afternoon. 

Duterte also added that he has not approached any country, not even from the members of the Association of Southeast Asian Nations which he heads, to ask for help in fighting terrorism in Marawi. He said the government forces is capable of fighting. 

“Wala, wala. I have not done that. I have not made an appeal. I said I did not even know that the American government has been providing technical… So we better see to our own… I never approached any American to say that, “Tumulong kayo.” (No, no, I have not done that. I have not made an appeal… I never approached any American to say “help us”)” Duterte said.

What a bold faced lie.  A lie of omission. Duterte does not need to ask the Americans for assistance because they are always providing assistance. Weapons, training, intelligence, the whole she-bang. It is also inconceivable that the commander-in-chief would not know if a foreign military was assisting his own.  DND Secretary let the cat out of the bag a few months later.

It has always been the US helping the Philippines. Not long after the Marawi siege Operation Enduring Freedom morphed into Operation Pacific Eagle. This operation is a collaboration between the US military and the AFP.  The US provides weapons, training, and intelligence assistance. While the Philippines has received weapons from China and Russia and even Israel the USA remains the primary partner of the Philippines regarding national security.

This partnership will remain intact for the foreseeable future no matter what bad things Dutere says about America. The AFP should take advantage of the Americans by learning all they can and applying it properly.

5. Marawi and Mindanao

We all know that martial was declared over the whole of Mindanao because of the Marawi siege. Martial was kept in place so the AFP could wipe out the rest of the terrorist forces.  While the AFP has not let up in the war against terrorism some of these groups have continued to wreck havoc in the region. Most recently is the attack in North Cotabato allegedly but the BIFF which is aligned with ISIS.

https://newsinfo.inquirer.net/1205167/afp-blames-biff-for-mindanao-blasts-that-wounded-23-people

The Armed Forces of the Philippines (AFP) on Monday blamed the Bangsamoro Islamic Freedom Fighters (BIFF) for the series of explosions that rocked central Mindanao on Sunday night, wounding 23 people, including nine soldiers.

But the Moro Islamic Liberation Front (MILF) splinter group denied it had a hand in the explosions, saying it does not attack civilians.

Why is the MILF apologising for the BIFF?  The point here is that despite martial law attacks have continued to happen. Under martial law suicide bombers became a reality for the first time. One of this bombers was a Filipino despite the fact that the public was repeatedly told that would never happen because Filipinos are not disposed to commit such an attack.

https://www.sunstar.com.ph/article/1813641

Lasuca was the first Filipino who was reported to have carried out a suicide bombing. He was responsible for the first blast on June 28 which also resulted in the killing of three soldiers.

Even though terrorism continued the PNP claimed that regular types of crime dropped substantially each year martial law was in effect.

Citing crime data, Corpus said that the region registered an eight percent reduction for 2017, 30.06 percent reduction in 2018 and 27.04 percent from January to October this year. 

The decrease covers the Eight Focus Crimes such as Murder, Homicide, Rape, Physical Injury, Robbery, Theft, carnapping and stealing of motorcycles and also on crimes covered by special laws and ordinances. 

https://news.mb.com.ph/2019/11/23/police-commanders-in-central-mindanao-favor-martial-law-extension/

The people claimed they felt safer and that they loved martial law.  "Martial law forever," said some Mindanaoans proving that Mindanao is such a wild place that martial law is necessary to tame it.

Marawi has not fared well at all since the end of the siege. After several false starts the rubble was cleared paving the way for rebuilding the city. However the rebuilding is going with no input from residents. Problems abounded with a lack of property permits so that demolition of buildings and compensation to owners was largely impossible.  The people of Marawi have rightly complained that they have been forgotten by the government. Eventually the city will be rebuilt but likely not by the target year of 2020.  

Mindanao has calmed down since the Marawi siege and the number of ISIS followers has decreased  but the island is basically right back where it was before martial law. It remains a land of lawless violence which foreign countries have warned their citizens not to visit. Islamic terror groups as well as clan warfare between private families with their large private armies continue to endanger the populace. It seems martial law has had little effect on Mindanao. Only a comprehensive study by the AFP would reveal the total effects martial law had on Mindanao.

So what can we learn from two and a half years of martial law in Mindanao? I think the biggest lesson is that the AFP is inconsistent in the way it has prosecuted the war on terrorism. They are eager for the fight but underestimate ISIS. They set deadlines and then they move the goalposts saying the previous deadline was impossible. They declare the terrorist groups to be irrelevant but each group is able to attract new members and wage campaign against the government. And this has been standard operating procedure for years for the AFP. In 50 years of fighting against communists and Muslims the AFP continues to make the same mistakes. Without a serious and thorough change in the way the AFP fights the war on terrorism will last another 50 years. It's not impossible that the AFP will change but it's not likely. Now after this fiasco with doctored photographs the AFP is not going to start 2020 off on a positive note.