Zamboanga moro-moro ends

FROM: THE SETTING SUN

Zamboanga Zarzuela Ends

The Zamboanga zarzuela or moro-moro (Philippine traditional stage plays) finally ends its 10-day run in Philippine media. Well, it’s not yet really finished, but what is left is just the epilogue.

On Sept. 9, 2013, the media reported that some 200 or 300 MNLF men loyal to Misuari attacked some villages in Zamboanga city and were holding hostage the residents there.

Really, why in the world would 200 or 300 MNLF rebels attack Muslim villages? With 200 or 300 men, they could easily attack the City Hall or the police or even the military garrisons.  Only the ignorant and the gullible would believe such a scenario. As the MNLF spokesman said, “If we attack a village, we pulverize them.”

Misuari’s spokesman Atty Fontanilla and the MNLF Facebook page insisted that they had nothing to do with whatever was going on in Zamboanga. As the MNLF stated, they were busy preparing for the Review of the Philippine-MNLF Final Peace Agreement scheduled on Sept. 16 in Jogjakarta, Indonesia.

Although the alleged MNLF rebels were supposedly holed up only in 3 villages, Zamboanga City was in stand still. All flights were cancelled, schools and offices were suspended, and a curfew was installed. For what?

The MNLF Facebook page posted this on Sept 9:

UPDATE: I made a few calls to inquire what is going on in Zamboanga City. The MNLF has to implement an effective civil defense plan to secure their lives and secure a high-level MNLF leader.

CAUSE: People sighted a GPH Police/Military large troop movement (LTM) that is tactical in nature (full battle gear). We have no information on why the GPH Police/Military launched a tactical LTM. I think the military should explain. If the GPH movement was a non-tactical movement, the 1995 MNLF-GPH Ceasefire Ground Rules Section 4 (on Movements) says “Non-tactical movements of GRP and MNLF forces outside their identified places shall be coordinated by concerned/affected GRP and MNLF commander(s).”

EFFECT: The military movement caused the MNLF to organize into an armed defensive formation (ADF) into a strategic convergence zone. During ADF, the public would see MNLF (from all point of origin) in groups of a squad or a platoon to move towards the direction of the ADF convergence zone.

NOTES: Media published it as an “ATTACK”. The truth is, there was no “ATTACK” because there are no shootings yet. The media should be careful next time, they could have just said that “there are sightings of large troops movement”.

 HOSTAGES: If you mean like a hold-up hostage situation that you see in movies, there is none. Everyone in Zamboanga City now is a hostage inside their houses or cars as a result of their own fear, especially those inside the convergence zone.OTHER GROUPS: Normally, when there is a “SCARE” as a result of irresponsible media, the people (MNLF, MILF, Fake MNLF, Fake MILF, Political Private Armies, Individual Gun Owners, etc etc) will naturally arm themselves in full battle gear. This is what you will see in Zamboanga now.

WHAT TO EXPECT: Zamboanga is in an armed-conflict vulnerable status right now.

 PROPOSED SOLUTION: To defuse the tension, make the GPH Police/Military explain the LTM they initiated and publish it on the news. Then allow sufficient TIME for the people to overcome their fears and they will gradually go back to their homes.

All throughout the so-called standoff and up to now, Misuari and his MNLF maintain that they have nothing to do with the Zamboanga affair.  And they insist on impartial investigation by international parties.

A few days later, MNLF Commander Jabir (Habier) Malik was said to be the leader of the MNLF rebels holed out in the villages. And the next day, he was reported to have been killed. A day later, he was interviewed via phone patch by an online news group.

On Thursday, Sept. 12, Rappler.com reported that 80 MNLF rebels, with 35 hostages, surrendered to the police in Barangay Sta. Barbara. But Mar Roxas, the Secretary of the Dept. of Interior and Local Governments, and head of the government task force in Zamboanga handling the alleged MNLF attack, denied that there any surrender. Rappler, however, stood by its story.

Around the 5th or 6th day of the Zamboanga play, President B.S. Aquino arrived in Zamboanga, declaring that “MNLF’s happy days are over.”

But the play dragged on. Thousands of troops were sent to Zamboanga. More tanks and ammunition arrived for the soldiers. Media hype continued.

But the biggest attraction in the land still remained the PDAF or Pork Barrel scam. The people’s attention refused to let go the pork barrel scam which involved senators, congressmen and government officials.

And then we saw this on TV:

Looks like the game was up! From the TV news clip, it was very clear that it was all staged. There were no MNLF men in the area.

On Sept 11, the MNLF Facebook page posted this:

GENERAL ORDER FOR THE MNLF: Stay at home or somewhere safe, maintain a low profile, and avoid any trouble. But be ready to protect your life and your family if your household is harassed. The genuine MNLF is not involved in that chaos in Zamboanga and nearby towns. Don’t get swayed by the bandwagon of media. If your senior officers in the unit would ask you to prepare for a combat mission, please report the name to me 0921-7172040 so I can warn you if that person is in the list of the over 200 Fake MNLFs that we intercepted. Allahuakbar!…The following are the major Counterfeit MNLF operators in Zamboanga and Basilan area. Please do not obey any kind of instructions (especially combat recruitment instructions) from these persons.George Sampang    Abdulsalim Laki Wahi   Bulleng Montong    Kiram Abdullah   Ocacc Mohammad Hj. Sahipa Walsa
Manalbang Tahil   Tuan Samili  Usman Powa   Degte Ibrahim    Akramin Menembanl   Nurmina Mahamud
Afdar Salik   Hj. Abbas Tangkian    Min Alam     Hb. Andang Hashim    Lacson Sawadjaan   Abdullajid HB. Hussein
Hj. Abdua Jakaria   Hatimil Hassan   Jan Jakilan   Mitsuara Hassan   Ustadz Abdulmuhmin Mujamid   Likhab Salahuddin
Aramel Amirin   Datu Bungsu Mursalun    Ustadz Hassan Jaiiani

According to the Media, military intelligence report has it that Misuari is ill.  Maybe because of his illness, the military and government took advantage and created this hullabaloo.Perhaps the producers/directors of the play sensed that it was time to wrap up, the military let loose its ammunition and bombed the villages, including the one where Dr. Marietta Galvez said in the video that there were no MNLF men there.After bombing the place, all Muslim residents there were tagged as MNLF, which was exactly what the MNLF was saying all along.

roxas

The MNLF FB page’s latest status update was posted yesterday:

MNLF GENERAL ORDER: ABORT THE EXTRACT OPERATION. ALL TROOPS WITHDRAW. THE STANDOFF DISAPPEARED LIKE BUBBLE DESPITE PRESIDENTIAL CORDON. MALIK PRESENCE IN ZAMBOANGA UNCONFIRMED. MALIK INTEGRITY INTACT IN MNLF. ALL HIGH-PROFILE MNLF ACCOUNTED SAFE. SURRENDEREEs ARE COUNTERFEIT MNLFs REWARDED WITH GPH LIVELIHOOD PROJECTS. PRESIDENT PORK BARREL PAMANA PROJECT USED AS REWARD FOR COUNTERFEIT MNLF TO DO VIOLENCE TO DESTROY REPUTATION OF MNLF. ZAMBOANGA CHAOS HAVE NO MNLF FOOTPRINT. 1996 FPA HOLDS IN EFFECT.

To add another twist to the moro-moro, on Sept 17, it was announced that the Zamboanga Police chief was kidnapped by the MNLF rebels. A day later, the police chief surfaced with 23 alleged MNLF rebels in tow. He said he and three of his men pursued a lead on a reported group of rebels. They then bumped into these 23 rebels. And lo and behold, he persuaded them to surrender because these alleged rebels needed the police’s help to go back to their hometown, neighboring island of Basilan.

Hmmm. Looks like the scriptwriters were running out of credible scenarios. Here’s a link to the video of the interview with the Police Chief:

And now for the pièce de resistance, the President announce a P 6.1 B fund for the rehabilitation of Zamboanga. I guess that’s the payback for all the producers, scriptwriters and actors of the Zamboanga zarzuela.

And so what does this all mean? For one thing, it means that the Philippine government is not sincere in the Peace Talks. For another, it means the government is now ready to treat Misuari as insignificant and throw away the government’s “Final Peace Agreement” with the MNLF.

But most importantly, this means that the Bangsa Moro people are left with NO PROTECTORS. The MILF apparently doesn’t care what happens to the Moros as long as the group gets its Bangsamoro substate. The MNLF, on the other hand, is divided into the Misuari faction, which is now shown to be impotent and others which are either in cahoots with the government or are afraid of the government.

I guess it’s about time for a new Bangsa Moro revolutionary movement.

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A look at the happy faces of the actors after curtain fall:

zambo

TV CHAR GEN: 15 MNLF MEMBERS FROM BASILAN SURRENDER TO THE AUTHORITIES

zambo 2

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Opinion: What Is Najib’s Quid For PeNoy’s Quo (Dropping Sabah Claim)?

FROM: the SETTING SUN

What Is PeNoy’s Quid For Najib’s Quo?

BY Datu Jamal Ashley Abbas

President B.S. Aquino and PM Najib Razak
President B.S. Aquino and PM Najib Razak

When Filipinos commit murder in foreign countries, the Philippine government go on bended knees asking foreign countries to spare the lives of these Filipinos.

When the Sultan’s relatives went to Sabah, which was the home of the Tausugs for centuries, they were immediately threatened and humiliated by the Philippine President. (The Sultan’s and Rajah Muda’s father lived for some time in Sabah)

PRESIDENT AQUINO’S ACTIONS

The sheer arrogance of the President, his utter disrespect to the Sulu royalty (and by extension to the Bangsa Moro people), his belittling of the Sabah claim and his humiliating subservience to the Malaysian Prime Minister are so mind-numbing.

I cannot understand how any self-respecting Moro could stomach the sheer arrogance of PeNoy and his people towards the Sultan, his people (and by extension the Bangsa Moro) and the claim to Sabah.

As to the government’s claim to Sabah, it is as clear as day that the President practically gave it up. First, he called it “a hopeless cause”. Second, he acknowledged Malaysia’s ownership of Sabah which is AGAINST THE PHILIPPINE CONSTITUTION (ARTICLE I, NATIONAL TERRITORY: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, AND ALL OTHER TERRITORIES OVER WHICH THE PHILIPPINE HAS SOVEREIGNTY OR JURISDICTION consisting ….); AGAINST PHILIPPINE LAWS like RA 5446 and AGAINST GOVT PROTOCOL (Memorandum Circular No. 162, s. 2008).

Why is this unheard of subservience to the Malaysians? Their part in the Framework Agreement is not enough justification. Is the Philippine government supposed to be ever grateful to the Malaysians because of their mediation in the Peace Talks between the Government and the MILF?

But why? People naturally infer that the Malaysians favor the MILF, their fellow Muslims. So the Lahad Datu crisis should have given the Philippine government the chance to exercise leverage over Malaysia and thus weaken the the ties between MILF and Malaysia.

MALAYSIAN ACTIONS

The even more arrogant actions and statements of the Malaysians, even when referring to the Philippine government is so mind-boggling as it has no precedence in the history of Malaysian-Philippine relations.

While I love Malaysia – the country and its people, I, like many right-thinking Filipinos, am shocked at the actions and statements of the Malaysian government. I believe they would not do that without the imprimatur of the Philippine government.

MAKES US WONDER

But the actions of the Philippine President now make many people wonder. Has the Philippine government agreed to drop the Sabah claim in exchange for a peace agreement with the MILF ?

But why would the Philippine government do that? A peace deal with the Moros is never to the interests of the government, at least to the minds of the Christian majority. Just remember the passionate hatred for the MOA-AD by the Filipino majority.

If a peace pact is important to the government, then we would have had a working peace agreement a long time ago. It looks like there is something else that the people do not know. Perhaps to sweeten the deal, Malaysia offered something else – like a few billion pesos in exchange for a peace deal AND the dropping of the claim?

The government’s announcement that the MILF has dropped the claim on Palawan becomes very telling. While the MILF agreed to limit the talks on the small ARMM, which excludes about half of the Moros in the Philippines, I don’t see anything on the Framework Agreement that says Palawan or any other parts of the Philippines shall never be able to join the ARMM. On the contrary, I think there is a proviso that allows for future entry of barangays, cities, municipalities or even provinces.

MILF’S ACTIONS

The MILF’s apparent anger over the Lahad Datu incident, their approval of the handling of the event by the PeNoy government, Eid Kabalu’s nomination for ARMM governor and his appointment as consultant to the Armed Forces of the Philippines make one doubtful of MILF.

The MILF’s arrogance in saying that the Moros should not do anything which would imperil the peace talks is sheer B.S. Are the peace talks only for the benefit of the MILF? Are all Moro concerns supposed to be put in the back burner until the Peace Talks are ended? When will that be? In 2016 when there will be another Philippine president?

So please tell us, what have the Philippine government and the MILF sold to the Malaysian government? The Bangsa Moro and the whole Filipino people deserve to know.

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Related post by the same author: SABAH IS PART OF BANGSA MORO HOMELAND

International Court of Justice on Sabah

To all misguided Filipinos and Malaysians who keep on blabbering that the ICJ had already ruled against Sulu/the Philippines re Sabah, here are two articles written by Joseph G. Lariosa that they should read:

map sabah palawan

Obiter Dictum in ICJ  On Sabah Case May Save The Day for PH

JGL Eye Column

By JOSEPH G. LARIOSA

(© 2013 Fil Am Extra Exchange)

CHICAGO (FAXX/jGLi) – If the 100 armed men holed up in the village in the eastern Malaysian state of Sabah are really members of the “royal army” of the Sultanate of Sulu to claim a promised land, the Philippine government may appeal to them to lay down their arms and leave peacefully.

But the Philippine government should take advantage of the opportunity by assuring them of its help by reviewing its Sabah claim before the International Court of Justice.

If the armed men are Filipinos, that is only the second time that a group of Filipinos were trying to forcibly re-take Sabah from Malaysia. In 1968, it was reported that President Marcos was training a team of saboteurs on Corregidor to infiltrate Sabah but the attempt was aborted.

First of all, if the Philippines has the wherewithal to invade Sabah, there is no assurance of success just like the failed Bay of Pigs Invasion of Cuba by the United States.

Secondly, when push comes to shove, in the dispute between the Philippines and Malaysia over Sabah, the United States has no option but to side with the Philippines because in 1906 and in 1920, and as late as July 10, 1946, less than a week after the Philippines was granted Independence by the U.S., the U.S. had reminded Great Britain, which had dominion over what would later become Malaysia that Sabah, earlier known as North Borneo, is not owned by Great Britain but by the Philippine Sultanate of Sulu.

And thirdly, when the International Court of Justice rejected the application of the Philippines to claim Sabah in 2001 to intervene in a dispute between Indonesia and Malaysia for possession of Sabah’s Pulau Sipadan and Pulau Ligitan, its ruling against the Philippines was a mere obiter dictum. In that dispute, the ICJ ruled in 2002 for Malaysia because of Malaysia’s effective occupation of Sabah. But Indonesia does not have a Sultanate of Sulu as its claimant, unlike the Philippines.

In legal parlance, an obiter dictum is merely a statement made by a judge in the course of his judgment, which may not precisely be a relevant issue before him. It has no binding authority. It is a by-product of the original judgment. It is merely a remark or opinion of the judge.

“RATIO DECIDENDI”

On the other hand, the same ruling is considered a “ratio decidendi” against Indonesia and for Malaysia as the ICJ applied the “rule of law” based on the facts of the case or applied the “rule, which the court regarded as governing the case.”

In other words, if the Philippines were to revive its case directly against Malaysia before the ICJ, if the ICJ will use “ratio decidendi,” not obiter dictum in its ruling, the Philippines can get a different ruling from Indonesia’s claim against Malaysia.

In “ratio decidendi,” the Philippines can invoke its own evidence and merits of its case, and if the court gives the Philippines its day in court, I believe, the heirs of the Sultanate of Sulu and its “royal army” will no longer disturb the ruling and the heirs of the Sultanate of Sulu will just cede peacfully Sabah to Malaysia if the Philippines gets an adverse ruling.

Without giving the Philippines its due process, the ICJ’s obiter dictum against the Philippines will not appease the heirs of Sultanate of Sulu and by extension the Philippine government.

That is why I agree with the stand taken by former University of the Philippines Professor Nur Misuari, head of the Moro National Liberation Front, urging the Philippine government to pursue its dormant claim to Sabah.

During negotiation before ICJ, it is going to be shown that the perpetual amount of lease now being paid by the Malaysian government to the heirs of the Sultanate of Sulu in the amount of 6,300 Malaysian ringgits (US$1,500 or 63,000 Philippine pesos) a year is really an insult, if not indolent. It is merely a drop in the bucket to the agreement signed in 2011 by Sabah government’s Petronas (Malaysian government oil and gas company) and Shell for a 30-year production sharing contract for enhanced oil recovery projects in offshore Sarawak and Sabah. According to a Petronas press release, “If (the deal is) realised, around 765 million barrels of oil reserves are expected to be recovered through the improvement to the recovery efficiency of the fields, translating into additional production of 90,000 to 100,000 barrels of oil per day.” It means a mouth-watering income of US$10-million to US$11.2-million a day at current oil price of US$112 per barrel.

Perhaps, the heirs of the Sultanate of Sulu could argue before the ICJ that they may not be able to effectively occupy the whole state of Sabah but they are entitled to royalty to any oil and gas exploration as a form of rental payment.

I spoke to one of the heirs of the Sultanate of Sulu, who just retired from her job from University of Wisconsin in Milwaukee, who told me her relatives want to have a piece of the pie of the income from Sabah’s oil and natural resources before they come into an agreement. She also introduced to me to two of her brothers, who are also employed in the Midwest, when I met them in Chicago,Illinois, last year.

NORTH BORNEO HIH COURT RULED FOR HEIRS OF SULTAN OF SULU

A ll the historical data point to the heirs of the Sultanate of Sulu as the owners of Sabah. Nobody disputes this.

Even the Chief Justice C.F.C. Macaskie of the High Court of North Borneo issued a ruling in 1939, saying the heirs of Sultan of Sulu are entitled to the “cession money,” following the death of Sultan of Sulu Jamalul Kiram II in June 1936, who was childless. The propriety claimants (Dayang Dayang Hadji Piandao and eight other heirs) were awarded the “cession money” as proof of Sultan of Sulu’s ownership of the said property. The ruling was the basis of the payment of annual rental of Sabah amounting to 6,300 Malaysian ringgits per year (U.S.$1,500 or 63,000 Philippine pesos).

But what I dispute was the dismissive demeanor of Malaysia towards the Philippine claim that the dispute is a “non-issue” as there is no desire from the actual people of Sabah to be part of thePhilippines or of the Sutanate of Sulu.

Really?

Did the Malaysian government ever allow the heirs of the Sultanate of Sulu to talk to their tenants in Sabah to find out their sentiments if they were really against the Sultanate by way of a referendum for the purpose? Did the Malaysian government allow the Sultanate air time in mass media in Sabah to explain to their tenants that because they are residing on a piece of land owned by a Filipino Sultanate of Sulu, they are supposed to pay rental directly to their landlord – the heirs to the Sultanate of Sulu – not to a third party or middleman such as the Malaysian government?

If I were the heirs to the Sultanate of Sulu while they are waiting for the ruling of the ICJ, I am not going to encash the 6,300 Malaysian ringgits to protest and humiliate the Malaysian government just as Fidel Castro refused and refuses to encash the US$2,000 annual rental payment of the U.S. to use the Guantanamo U.S. Base in order to humiliate the U.S. into giving up the perpetual rental under the Platt Amendment. By the way, even after the U.S. increased  the rental to the Guantanamo Naval Base to peg it to current inflation to US$14,000 annually, Cuba will still not encash the rental payment check.

Come to think of it, when the Philippines leased the Clark Air Base and Subic Base to the U.S., which account for 245 square miles land area, the U.S. was paying $200-M annual rental to the Philippine government. While Sabah, which has 28,430 square miles, or 116 times bigger than the U.S. Bases, the Malaysian government is only renting Sabah for a song! # # #

Editor’s Note: To contact the author, please e-mail him at: (lariosa_jos@sbcglobal.net)

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old map

Opinion  OP-ED  Joseph G. Lariosa 

ICJ Rules Out Malaysia’s Claim On Sabah

CHICAGO (FAXX/jGLi) – F.B. Harrison is one of the major streets in Metro Manila but I wondered why. I only learned lately from a fellow Filipino cyberfriend, Jose Sison Luzadas, that when the Philippines’ seventh civilian American Gov. Francis Burton Harrison died in Flemington, New Jersey in 1957, he left a will that his remains be repatriated to the Philippines and be buried at the Manila North Cemetery in La Loma.

When he was no longer the U.S. Governor General, Harrison became an advisor to Philippine Vice President and Foreign Affairs Secretary Elpidio Quirino. He presented to Quirino on Feb. 27, 1947 a copy of the Sabah Lease Treaty document in Malay language written on Arabic script translated by American anthropologist H. Otley Beyer of the University of the Philippines. Austrian Baron von Overbeck and British lawyer Alfred Dent told the Royal Colonial Institute on May 12, 1885 that the agreement they obtained from the Sultan of Sulu on Jan. 22, 1878 was for the lease of North Borneo and did not forfeit the Sultan’s sovereign rights.

 On June 26, 1946, the British North Borneo Company entered into an agreement with the British Government, transferring its interests, powers and rights over to the British Crown to become State of North Borneo. It became a British colony. Harrison called this arrogant and baseless move as British “political aggression.” He advised the soon to become young Philippine Republic to take the matter up before the United Nations.

It caught the U.S. off-guard to protest the British violation of the 1907 Exchange of Notes between the U.S. and Great Britain and the subsequent Jan. 2, 1930 Convention. According to the International Court of Justice in a 2002 ruling in the dispute between Malaysia and Indonesia over the islands of Ligitan and Sipadan, the 1907 Exchange of Notes was “a temporary arrangement between Great Britain and the U.S. that did not involve a transfer of territorial sovereignty (but) merely provided for a continuation of the administration by the British North Borneo Company of the islands situated more than three marine leagues from the coast of North Borneo.”

NO NEED FOR COBBOLD COMMISSION

In rejecting a conditional surrender of the Sultan of Sulu’s Royal Army, who want Malaysia to settle the Sabah dispute, Malaysian Prime Minister Najib Razak ruled out any negotiation on the dispute “that has been determined legally as far back as 1878 and subsequently by the referendum conducted by the Cobbold Commission ahead of the formation of Malaysia.”

The Prime Minister might not have been told by his advisers that referendum for self-determination as far as Philippines’ claim to Sabah is concerned is out of the question.

Based on the Indonesia-Malaysia dispute, the ICJ ruled that “effectivities” and sentiments of the people in the area for self-determination will only be at play if parties in the dispute do not have “treaty-based title” to support their claim. Both Indonesia and Malaysia did not have any documentary evidence to show in their claims. So the court turned to “effectivities” in coming up with the decision in favor of Malaysia.

If the Philippines comes to ICJ, it will only be armed with the copies of the Lease Agreement of the Sultan of Sulu with Overbeck and the 1907 Exchange of Notes and the Jan. 2, 1930 Convention that ICJ had already ruled did not cause the transfer of sovereign rights from Spain to Great Britain. Malaysia would have the burden of overturning these evidence.

In its case before the ICJ, Malaysia said “it was successor to the Sultan of Sulu, the original title-holder to the disputed (Sabah) islands, further to a series of alleged transfers of that title to Spain, the United States, Great Britain on behalf of the State of North Borneo.” But the ICJ said this argument cannot stand.

After obtaining a lease treaty from the Sultan of Sulu, Overbeck relinquished his rights and interest over to Dent’s British North Borneo Company (BNBC).  Dent applied for a Royal Charter with United Kingdom on Dec. 2, 1878 based on the lease treaty signed away by the Sultan of Sulu on Jan. 22, 1878.

But in an official letter of Jan. 7, 1882, Earl Granville, then, head of the United Kingdom  Foreign Office, stated, “The British crown assumed no dominion or sovereignty over the territories occupied by British North Borneo Company, did not grant the company any powers of government and (it) recognized the delegation of powers by the Sultan of Sulu in whom sovereignty remained vested.”

PROTOCOL OF MARCH 7, 1885 QUESTIONABLE

So, when BNBC transferred its rights over to the UK on June 26, 1946, UK merely acquired powers delegated by the Sultan of Sulu, who retained sovereignty over the Territory.

In the Capitulation of July 22, 1878, Art. I of the Protocol, it declared as “beyond discussion the sovereignty of Spain over all the Archipelago of Sulu and the dependence thereof,” following Sulu’s conquest by Spain in June 1878.

The Sultan of Sulu revoked the lease of Jan. 22, 1878 and in September 1878, a Spanish warship attempted but failed to take control of North Borneo. This caused Great Britain to protest and a treaty among Great Britain, Germany and Spain was forged.

In the Protocol of March 7, 1885, under Art. III, the Spanish government “renounces as far as regards the British government, all claims of sovereignty over the territory of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo) and which comprise the neighboring islands … from the coast, and which form part of the territories administered by the company styled the British North Borneo Company.”

There was no logic on this protocol for Spain to renounce the property and sovereignty of the Sultan of Sulu in favor of the British. Spain did not get any incentive or tradeoff to give up the property and sovereignty of Sultan of Sulu’s Archipelago and Dependencies. When Spain signed the 1898 Peace Treaty with the U.S., the FilipinoKatipuneros aided by the U.S. beat Spain and Spain got $20-Million dollar to give up the Philippine and Sulu Archipelago, including North Borneo.

When the Sultan of Sulu gave up its property to Spain, it was by conquest. But in the Protocol of March 7, 1885, there was no reason for Spain to give up the Sultan of Sulu’s property to Great Britain because Britain did not beat Spain in any battle by conquest nor gave Spain money or anything of value in exchange of Sultan of Sulu’s property, including North Borneo.

That’s why when Spain signed the 1898 Treaty, the U.S. was able to keep the Sultan of Sulu’s Archipelago, including North Borneo, intact.

When the U.S. pressed for the Sultan’s property under the 1898 Treaty with Spain, Great Britain did not object but rather sought an arrangement with the U.S. that would ensure continuity of BNBC’s administration of the Sultan of Sulu’s North Borneo that resulted in the Exchange of Notes of July 3 and 10, 1907 and the Jan. 2, 1930 Convention. The  convention did not involve any transfer of sovereignty, according to ICJ. (lariosa_jos@sbcglobal.net)

Fighting continues in Sabah

It’s been two weeks since the Malaysian police and army attacked the 200 or so men and women from the Sultanate of Sulu. The Malaysian and Philippine governments announced the “end of the standoff” and declared the surrender of ten of the Sulu Sultan’s men.

It’s been 10 days since the Malaysians carpet bombed Lahad Datu using fighter jets. The Malaysian police and military in Sabah were reinforced with seven battalions from Kuala Lumpur as they attacked the 200 0r so men and women accompanying the Rajah Muda of Sulu. The Malaysian government announced the “complete defeat” of the Sultan’s men.

Yet the Sultan’s men and women are still standing and fighting.

There is complete news blackout imposed by Malaysia. Foreign or local media are not allowed in Sabah.  And the Philippine government is totally submissive to the desires of the Malaysian government.

Sultan Jamal ul Kiram III
Sultan Jamal ul Kiram III

FROM THE DAILY TRIBUNE:

AS INTENSE FIGHTING IN SABAH RECURS

Noy aides rachet up damage control

As intense fighting erupted anew between followers of Sultan Jamalul Kiram III, led by his brother Radja Muda Agbimmudin Kiram, and Malaysian forces in Sabah yesterday, resulting in deaths from the opposing sides, Malacañang aides have gone full blast on their damage control to save President Aquino’s hide from the many criticisms over his mishandling the Sabah crisis and not protecting the Filipinos in Sabah.

A Tribune source, who has links to the group of Radja Muda, said fighting erupted anew in Sempurna and Tanjung Bato areas between followers of the Kirams and Malaysian forces.

“War is still on in Sempurna and Tanjung Bato…many Malaysian security forces were killed while five on the RSA (Royal Sultanate Army) and four were wounded,” the source said.

The same source earlier told The Tribune about the influx of Tausug fighters to Sabah to fight along their clansmen now the subjects of intensified police and military operations by Malaysia.

“Crackdown by Malaysian forces is continuing,” the source said.

The source also denied reports that at least 55 followers of Radja Muda had been killed since the intensified operations were launched last March 1.

The source also relayed the Radja Muda’s group’s concern over the plight of innocent Filipinos being subjected by the crackdown.

There were reported abuses by Malaysian forces against Filipinos suspected of having links to the Kirams in Sabah.

At least 79 individuals have been rounded up since the crackdown started two weeks ago.

On the homefront, Aquino and his aides are  in an all-out-media campaign and are into damage control, full steam as well as their justification of diverting the issue to a conspiracy theory leading to the NBI action against the Kiram clan along with other individuals and to dismiss negative feedbacks of mishandling on the Sabah conflict resulting to almost 70 deaths of Filipinos.

These efforts by Malacañang were evident as the Presidential Communication Office brought one Cabinet secretary after the other into the daily press briefing to explain the Sabah incident in the Malacanang Press Center.

Aquino spokesman Edwin Lacierda defended their actions, claiming that their presence during the briefings  was not due to the highly negative feedback being received in Aquino and his aides’  handling of the crisis.

Lacierda said several Cabinet secretaries have been conducting their press briefings as well.

Social Services Secretary Dinky Soliman went to the Malacañang Press Center Wednesday to explain the situation in Tawi-tawi on  the food distribution to the deportees wherein she also admitted she has not been able to see the actual  situation there.

Then Justice Secretary Leila de Lima followed, Thursday  explaining that a group of the alleged Royal Sultanate Army was intercepted on board a boat crossing the border in going to Tawi-tawi, Sulu.
Soliman, not contented with the Wednesday press briefing, still conducted a media interview at her DSWD office yesterday,  according to Lacierda.
Interior Secretary Mar Roxas who went to Sulu on Wednesday had his own media briefing, flooding the  media with the government’s campaign to justify that Aquino and his men are doing their jobs well in relation to the crisis.

“Secretary Mar Roxas also had a press briefing to also inform the public on the comprehensive efforts of government with respect to relief, with respect to protection, security, and also to the work of DSWD, as well as the offering sustainable livelihood to those who are displaced individuals who decide to remain here,” Lacierda said.

Lacierda explained the administration has not mishandled the situation even if some sectors such as the netizens showed disapproval by hacking the website of the office of the President.

“There is no reason to think that we have mishandled the situation. The online perception is that this has really no traction insofar as the greater social media is concerned,” Lacierda said.

Lacierda expressed confidence that the efforts made by the administration have been earning support from the public than with the Kiram clan.

“Sympathies of the people are clear: The Kiram family did an act. While they have a claim, the manner of doing it is wrong. The manner that they chose to pursue their claim is improper. And so that has always been our belief. The public sees the resolution. The sincerity of this government to pursue a peaceful resolution prior to March 1 when the violence started,” Lacierda said. “So we believe that we continue to inform the public. Now that the violence has erupted, what we would like to lay out is what the government is doing insofar as protecting our Filipinos is Sabah and those displaced individuals who have returned from Sabah; providing assistance to them and laying it all out for the public to know —that our main concern is for the 800,000 Filipinos in Sabah,” Lacierda said.

Lacierda admitted that the Philippine embassy officials in Kuala Lumpur have still to await word from the Malaysian authorities to grant requests of full access to the Filipinos being detained in the custody of Sabah police officials.

“For those also who are currently detained in Sabah under the custody of Malaysian authorities, we continue to ask for consular access and, also, the reason the Philippine Embassy in Malaysia has people on the ground in Lahad Datu also,” Lacierda said.

Secretary de Lima said yesterday confirmed reports of the interception of two groups of armed men at  the vicinity of Omapoy Island, Tawi-Tawi while the second batch was seen at the vicinity of Andulingan Island, Tawi-Tawi crossing the border from Sabah, Malaysia.”
“So, with that development, the processes are now being undertaken by a composite team with the end view of filing the appropriate charges against them as soon as possible,” De Lima said.

The Tribune asked De Lima as to whether she has received the spot report of the apprehending team on the seas. which is standard operating procedure.

“The spot report is still there because there is no good communications. But the men in the ground sent a brief report on email. I told them there is a presscon today, although I know the facts when they were reporting that to us yesterday. But I have not seen anything in writing, so I asked for something to be emailed to me,” de Lima said.

De Lima added that “this may not yet been the official spot report, but since NBI men are there, PNP men are there, that’s easy to validate by the composite team if there is truth to this and we have no reason to believe otherwise. This is practically an official report—initial official report.”

De Lima said she also has no list of the alleged confiscated assorted firearms from the group whom the police claimed are members of the Royal Sultanate Army.

“No, I don’t have the list. What I know of is assorted firearms and other deadly weapons. We will know.  I think that will be included, if charges have been filed by the arresting officer,” she said.

“Well, if you remember what the President said on the first presscon. His appeal was  ‘lay down your arms, come home peacefully’. But it could not be that the state or the government will look blindly on the violations of laws,” De Lima said.

“Now, of course on the diplomatic modes and on the  negotiations there may be discussions in principle, theoretically, hypothetically, and everyone adheres to possibly resolve, something an incident as serious as this, can be resolved peacefully.

“But since there is a violation, and we look at the consequences, the seriousness and the gravity of the consequences, unintended or otherwise, then  government must act,” De Lima said.

She added that according to the reports reaching her, one of the groups was even wounded and attended by the law enforcers than to bring into the hospital for security reasons.

De Lima said the group would have to remain on the island which is being guarded by the composite team pending the filing of appropriate charges and the conduct of a preliminary investigation by the DoJ prosecutors under by De Lima.

“Okay, I would want to avoid specifying the charges at this point. What I can confirm which is quite obvious to everyone is the illegal possession of firearms because they were caught with or they were found with assorted weapons.

“And that, definitely, is punishable under our laws; and in fact, we have a Comelec  gun ban existing. So, it’s not only under the Revised Penal Code but also, under appropriate election laws, they can be charged immediately with the illegal possession of firearms and other deadly weapons. That’s clear.

De Lima said that because there are no pieces of evidence on her possession she preferred to rely on his enforcers on the area.
“And another set of offenses will be those that will be subjected to the regular preliminary investigation. But, since I don’t have the evidence, I don’t have the specific facts, I cannot as yet give you those charges because that might also be misinterpreted or misconstrued as prejudging them. So that will be judgment call of those on the ground.

As I have said, it’s a composite team — PNP-CIDG, NBI  —so they are now assessing, evaluating, and preparing the appropriate charges,” De Lima said.

By Paul Atienza and Mario J. Mallari

Sabah is part of Bangsa Moro homeland

With the news all about Sultan Jamal ul Kiram III’s men in a stand-off with Malaysian authorities in Sabah, here is an essay on Sabah and the Bangsa Moro by Hadji Datu Jamal Ashley Yahya Abbas.

FROM: THE SETTING SUN  [(c) Hadji Datu Jamal Ashley Yahya Abbas]

Sabah And The Bangsa Moro

All these news on TV, newspapers and online about Sabah and the Sultanate of Sulu’s claim made me organize my thoughts on Sabah.The first time I heard about Sabah, I was about 8 or 9 years old. I have two sisters and one brother who were born in Jolo. The older sister was named Alnahar Mobina Fatima and her godmother was Dayang Dayang Putli (Princess) Tarhata Kiram, who at that time was the Pangyan (Sultana) of Sulu. My mother said that Princess Tarhata promised her that if they’d get back Sabah, she would give her goddaughter a big piece of it.

Princess Tarhata Kiram holding my sister, Alnahar Mobina Fatima during my sister’s baptism (paggunting). At the center is Sultan Zein ul Abidin II and on his right is my mother, Sitti Rahma Yahya-Abbas
Princess Tarhata Kiram holding my sister, Alnahar Mobina Fatima during my sister’s baptism (paggunting). At the center is Sultan Zein ul Abidin II and to his right is my mother, Sitti Rahma Yahya-Abbas

Not long after hearing this from my mother, the news on TV and the papers was all about Sabah and the young Moros who were massacred in Corregidor Island near Manila. The incident is now known as the Jabidah Massacre.

It was the first time that I saw my brothers, who were student/youth leaders, on TV denouncing the government. One time, my eldest brother, Macapanton, Jr. came to the house to be interviewed by a TV crew. (He was then staying at UP.) While he was being interviewed, the phone rang. There was something wrong with the phone such that when somebody called, it would ring but even if somebody answered it, it continued to ring. The maids covered the phone with pillows to muffle the sound. When we watched the newscast in the evening, we could hear the phone ringing.

From then on, I got used to seeing my brothers, especially the eldest, on TV or read about them in the papers. Because of his anti-government stance, Macapanton, Jr was ordered arrested when Marcos suspended the writ of habeas corpus and again when Marcos declared Martial Law.

During Martial Law, Marcos recognized Mahakutah Kiram as the Sultan of Sulu. I was aghast that a Philippine president got to “choose” the Sultan of Sulu. I asked my mother who was the rightful Sulu sultan. She said that she had just spoken to Dayang dayang Putli Tarhata who told her to tell Jun (my eldest brother), who was then the Moro head of the Presidential Task Force for the Reconstruction and Development of Mindanao, to tell the government that Jamalul was the rightful Sultan, not Mahakuta. I don’t remember if she was referring to Jamal ul Kiram III or Jamal ul Abidin although I think she was referring to Kiram not Abidin. (But, as a teenager, I remember being proud that I shared the same name (Jamal) as two contending Sultans of Sulu, although I found it strange that people called them Jamalul (one word) instead of Jamal ul-Kiram and Jamal ul- Abidin. At that time, the name Jamal was not common in the Philippines or in the US, unlike now where every other African-American is named Jamal.)

My sister Bai Alnahar and her godmother Dayang dayang Putli Tarhata are long dead, but Sabah is still with Malaysia and the prospects of it going to the Kirams is slim.

GAME-CHANGER

While the Makaskie decision in 1939 clearly gives ownership of Sabah to the Kirams, the granting of Independence to the Philippines and to the Malay states and the formation of the Malaysian federation changed the rules of the game.

Before World War II, the Sultanate of Sulu was recognized by both the US and the UK. The Philippines was a mere territory of the US while North Borneo was a possession of the Sultanate leased to a British company.

I remember the stories my mother told us about Princess Tarhata. She said that when the young princess graduated from a US university, the American authorities gave a party in her honor in Malacanang. Tarhata delighted in telling my mother how the young military officers were trying to make a pass at her. She referred to the military officers as “guardia civil“.

After world war II, the world was turned upside down for the Sulu royals. The Philippines became a newly minted state with Sulu as a mere province. And North Borneo became a British colony and then became part of the newly minted state called Malaysia.

The non-autonomous Sulu sultanate became almost a non-entity and the Sulu royals became relics of a bygone age.

NEW NATION-STATES

After World War II, the Western colonizers decided to grant their colonies “independence” and simply rule them indirectly by controlling their economies. The Philippines got its independence in 1946. Unbeknownst to the Sulu royals, or to anyone other than the English diplomats, England declared North Borneo a colony.  In his report to the Philippine Government, former Governor General Francis Burton Harrison (acting as Special Adviser on Foreign Affairs), recommended that the British  action “should be promptly repudiated by the Government,” as the British government did it “unilaterally and without special notice to the Sultanate of Sulu nor consideration of their legal rights.”

Meanwhile the sultanates in the Malay Peninsula got their independence in 1957 and formed the new state of Malaya. The Sulu royals promptly revoked the Lease Agreement of Sabah and demanded the return of Sabah.

In 1961, Datu/Sultan Ombra Amilbangsa, the husband of Pangyan Piandao, Sultana of Sulu, even filed a bill (House Bill No. 5682) in Congress (when he was a congressman) seeking the independence of Sulu. The Sama Datu realized the grim political reality Sulu was facing then.

In 1963, the British and peninsular Malaysians hastily formed Malaysia to be composed of Malaya, Sabah, Sarawak and Singapore.

In the era of newly-minted nation-states, the non-autonomous Sultanate of Sulu has become obsolete. In desperation, the Sulu royals acknowledged its diminished status and asked the Philippine government to act in its behalf. They gave President Diosdado Macapagal a “special power of attorney”, as it were.

Macapagal was a friend of the Moros, being a classmate and “barkada” of the first Moro lawyers Sinsuat, Alonto, Pendatun and Abbas.

Macapagal promptly announced the country’s objection to the creation of Malaysia and sent a delegation to London. Later, Macapagal met with President Sukarno of Indonesia, who also objected to the creation of the Malysian nation-state, and Tungku Abdul Rahman of Malaysia.

They called on the United Nations to help settle the issue. The UN created an investigation team that would determine the preferences of the natives of Sarawak and Sabah. And the UN Mission reported that the natives preferred to be with Malaysia. Later on, Indonesia and the Philippines refused to recognize the results of the UN Mission on Borneo.

When Malaysia was formed, it signaled the end of the Sulu sultanate’ hold on Sabah.

FATWA ON SABAH

According to my late brother Macapanton, Jr, the Grand Mufti of Al-Azhar University was asked to give a fatwa (religious “legal” opinion based on Islamic doctrines) on Sabah. The Grand Mufti’s fatwa states that Sabah, being a state with Muslim people, cannot be given to the Philippines, which is predominantly Christian.

Thus, the only way for Sabah to be regained by the Sultanate of Sulu would be for Sulu to be independent or part of an independent Moro state.

JABIDAH MASSACRE

President Ferdinand Marcos, unlike President Macapagal , believes in taking matters into his own hands. In 1967, Marcos hatched a plan to infiltrate Sabah with Army-trained Muslims from Sulu (including Tawi-Tawi and Basilan). It was called Operation Merdeka (Freedom). First part of the training was done in Simunul, Tawi-Tawi

For the second part of the training, the recruits were shipped off to Corregidor island, near Manila. When the young Moros learned what their mission was all about; i.e., to infiltrate Sabah and fight the Sabahans, they started having second thoughts about the mission.

Fighting their fellow Muslims did not seem to be palatable to the recruits. It seems like it came to a point where the leaders –  Project Leader Manuel Syquio  and Operations Officer Maj. Eduardo Abdul Latif Martelino were the ground leaders – decided that the case was hopeless. The young Moro recruits to the Jabidah Unit of the Armed Forces of the Philippines were massacred. It has never been determined how many died. Estimates range from 28 to 200.

Jibin Arula survived the massacre by pretending to be dead. He was wounded in the knee. He swam in the sea and held on to a piece of driftwood until some fishermen saw him and brought him to a nearby province, Cavite.

Naturally, Arula’s story hogged the headlines. What came to be known as the Jabidah Massacre has crystallized in the minds of the Moros, both young and old, that they have to do something if they still want to survive as a nation distinct from the Christian majority.

The seed of the Bangsa Moro revolution has been unwittingly planted by Marcos with the Jabidah Massacre.  And Sabah is part and parcel of that revolution because Sabah is the ultimate cause of the Jabidah Massacre and the Moros can take back Sabah if and only if there will be a Muslim Moro nation-state, in accordance with the fatwa and realpolitik.

BIRTH OF THE BANGSA MORO REVOLUTION

Perhaps because of the fiasco that was Jabidah, Marcos decided to take full control of Mindanao. For the 1969 elections, he talked with the Christian leaders in Mindanao. He told them to run for political office – mayor, governor, etc., thereby challenging the Moro datus. He secretly promised them the three Gs – guns, goons and gold. Up to that time, the Christian settlers were content to be political followers, not leaders.

Ironically, our family campaigned vigorously for Marcos and his team. My brother-in-law was a senatorial candidate.  My mother went with Marcos’s mother all over the country to campaign. She brought Dona Josefa Marcos all over Mindanao, including Jolo, Sulu. At that time, Sulu was already considered a dangerous place. Even Ferdinand and Imelda Marcos did not campaign there. As a child, I joined my mother in her campaign sorties to Davao and Lanao.

And after the elections, all hell broke loose in Mindanao. The Christian political leaders won.  Shortly thereafter, Christian vigilante groups, secretly aided by the military, started attacking Moro villages, killing scores of Moros including women and children. The  llaga (Rats) movement was founded in Cotabato City by the newly elected Mayors Wenceslao de la Cerna of Alamada, Nicolas Dequina of Midsayap, Pacifico de la Cerna of Libungan, Bonifacio Tejada of Mlang, Conrado Lemana of Tulunan, Jose Escribano of Tacurong, Esteban Doruelo of Pigkawayan and PC Capt. Manuel Tronco of Upi. They called themselves the “Magnificent Seven.” Later, Lt. Col. Carlos B. Cajelo, also an Ilonggo, joined the group. He became Governor of Cotabato and later the Deputy Defense Minister for Civil Relations. He was believed to be the actual leader of the Ilagas. ILAGA is supposed to be an acronym for Ilonggo Land Grabbers Association.

The Ilagas went on a rampage in Mindanao, covertly supported by the Armed Forces of the Philippines. The Moros had to defend themselves. Armed groups known as Black Shirts, Baracudas, etc erupted everywhere in Mindanao. The Maguindanaon political families formed the PUSA (Cat) to fight the ILAGAS (Rats).

In the 1971 elections, more Christians came into political power led by Col. Cajelo . Cajelo was a newcomer in Cotabato. He went up against a very popular governor (Datumanong) who was supported by a very powerful traditional politician (Pendatun). But Marcos made sure that Cajelo won. And the Moros realized that there were now more Christian Filipinos than Moros in Moroland.

While the fighting in Mindanao raged, my mother’s cousin Congressman Rashid Lucman of the older generation and my eldest brother Macapanton Abbas, Jr. of the younger generation laid down the foundation for letting the world know of what was happening in Mindanao.

Working hand in hand, Lucman and Abbas, Jr. created several militant organizations like the National Coordinating Council for Islamic Affairs (NACCIA) and the Union of Islamic Forces (UIFO). They formed the Bangsa Moro Liberation Front (BMLF) and arranged with Tun Mustapha of Sabah the training of Moro revolutionaries.

My brothers Firdausi and Macapanton, Jr. published and edited the Dawat-ul-Islam newsletter in Manila. It reported the massacres happening in Mindanao so people in Manila, especially people of foreign embassies, are made aware of them.

My brother Macapanton, Jr brought the Bangsa Moro issue to the Organization of Islamic Conference (OIC) when he submitted to then OIC head Tungku Abdul Rahman reports of Philippine atrocities against the Bangsa Moro people. The OIC took cognizance of the Bangsa Moro issue and Libya promised funding.

The training of the Moro revolutionaries was done in Sabah. The first batch of 90 trainees included Nur Misuari, Hashem Salamat and Abul Khayr Alonto.

But the Moro revolution was sabotaged from the beginning. The 90 trainees in Sabah, through the instigation of the Libyan Foreign Minister, proclaimed themselves the leaders of the Bangsa Moro revolution, calling their group, the Moro National Liberation Front (MNLF)

Fighting continued to rage in Mindanao. Arms came in from abroad, but only to those willing to support the MNLF. While not all fighters were MNLF, the Philippine media labeled all Moro groups fighting as MNLF.

Marcos sued for peace. The Tripoli Agreement was signed but never truly implemented.

In 1977,  Hashem Salamat and his clique wanted to form their own group and bolt out of the MNLF. Mohammad Natsir, former Prime Minister of Indonesia and Inamullah Khan of Pakistan tried to unite the Moro forces. A meeting was held in Mecca, Saudi Arabia. The Bangsa Moro Liberation Organization (BMLO) leaders Rashid Lucman, Salipada Pendatun and my brother Jun Abbas were there as well as Senator Domocao Alonto of the Ansar el Islam.  And so were Hashem Salamat and his lieutenants. The women sector delegation was led by Gov. Tarhata Alonto-Lucman and my sister Hadja Potri Zorayda Abbas-Tamano, the wife of Senator Tamano. Some of Misuari’s colleagues attended the meeting.

Fortunately for me, the Unity Meeting happened during school break (‘Id al Adha vacation) so I was able to attend it. Unfortunately, nothing came of that Unity meeting. In fact, a few months afterwards, Hashem Salamat bolted out of MNLF and formed his own group, the Moro Islamic Liberation Front. Our cousin Ustaz Jamil Yahya was one of the co-founders of MILF.

The rest, they say, is history.

END OF THE BANGSA MORO REVOLUTION

The end of the 20th-century Bangsa Moro revolution came with the death of the leaders. The father of the revolution, Rashid Lucman; the mentor of the revolution, C. Adib Majul; the spirit (spiritual head) of the revolution, Hashem Salamat and the brain of the revolution, Macapanton Abbas, Jr. are all dead. The internationally recognized “head” of the revolution, Nur Misuari is politically dead.

The Bangsa Moro revolution is over, for now. The Bangsa Moro territory has been reduced to a paltry size, with only 5 provinces, including one city – Marawi. The so called Autonomous Region in Muslim Mindanao (ARMM) has been declared by the Supreme Court as non-autonomous. The Supreme Court stated: “Only administrative powers over local affairs are delegated to political subdivisions.” And ARMM is a mere political subdivision.

And so there is a need for Paradigm Change – from revolution to peace talks.

BACK TO THE SULU ROYALS

Since the revolution has failed, the prospect of getting Sabah has returned to the hands of the Sulu royals.

In 1989, Sultan Jamal ul Kiram III revoked the “Special Power of Attorney” the sultanate gave to the Philippine government. But he reiterated the Sultanate’s request to the Philippine government to bring up the Sabah issue to the United Nations and other international fora. My brother, Sultan Firdausi Abbas acted as the legal counsel for the Sulu Sultan.

But the response from the Malaysian and Philippine governments was lukewarm.

UNITED ROYALTY

Sultan Jamal ul Kiram II
Sultan Jamal ul Kiram II

Ever since the death of Sultan Jamal ul Kiram II in the 1930s the Sulu royalty has been disunited.  Then, it was just divided between the so-called Maimbung and the Patikul factions.  Some people call the Maimbung faction as House of Kiram and the Patikul faction as House of Shakirullah. But that is a misnomer.  Dayang dayang Hadja Piandao of the Maimbung faction was the successor of Jamal-ul Kiram II but she was the daughter of Jamal ul Kiram’s brother Badr ud Din II while her rival Pangyan (Sultana) of the Patikul faction was Dayang Dayang Putli Tarhata who was the daughter of Ismail Kiram. Even the grandfather of Sultan Zein ul Abidin (aka Datu Tambuyong) of the Patikul faction was named Jamal ul Kiram. Sultan Jamal ul Kiram II died without issue, and therefore, technically speaking, there is no House of Kiram.

Today, there are at least a dozen pretenders to the throne, some of whom are fakes.  Most of the contenders claim descent from Jamal ul Azam, who leased Sabah to Baron von Overbeck.

It is important to remember that in the Sulu sultanate’s history, succession was never a matter of son inheriting from father. The 11th Sultan, Salah ud Din was followed by his son  Shahab ud Din, who was succeeded by Shahab ud Din’s brother Shafi ud Din, followed by another brother, Badr ud Din. Badr was succeeded by his nephew Nasr ud Din, son of Shahab. Nasr was succeeded by his cousin Azim ud Din I, son of Badr.

Azim ud Din I reigned in the 18th century. He is known in Philippine history as Alimuddin, the first Christian Sultan of Sulu, which is really an historical joke. Azim  ud Din I reigned from 1735-1748. He went to Manila to ask support from the Spaniards against the Taosug datus. Instead, the Spaniards held him hostage for 14 years at Intramuros. It was only when the British invaded Manila that he was able to return to Sulu. His nephew abdicated in his favor. He ruled Sulu for 10 more years.

All the succeeding sultans were descendants of Azim ud Din I. Naturally, most of the pretenders to the Sultanate descended from him.

MAKASKIE DECISION

In 1939, the heirs of Jamal ul Kiram II asked the High Court of North Borneo who were the heirs of the Sulu Sultan Jamal ul Kiram II, who died without issue. They wanted to know who the owners of Sabah were. Was it Great Britain or the Sulu Sultan’s heirs.  Chief Justice CFC Makaskie of the High Court of North Borneo ruled in favor of the petitioners led by the two celebrated Sulu princesses, Dayang dayang Hadja Piandao and Dayang Dayang Putli Tarhata.

And since in this day and age, the power of written “legal” documents is acknowledged by most of the world, the Makaskie decision is very important.  The claim of the Sultanate must therefore rely heavily on this, plus the Taosug version of the Deed of 1878 or the lease of Sabah to Baron von Overbeck.

Philippines believe in the rule of Force. Marcos tried the Jabidah route. Then he tried an all-out war against the Moros. President Joseph Estrada tried an all-out war against the MILF.  But Malaysia believes in the rule of law. It is much easier to negotiate with Malaysians.

UNITED ROYALS

It is imperative that the Sulu royals get their act together. They should have a united Ruma Bechara (Council of Elders). They don’t have to proclaim one Sultan. They can create a “Council of Rulers” or whatever. But it is important that they show a unified front to the Malaysians.

The Malaysians will never negotiate with just one person claiming to be Sultan. At the very least, they  will negotiate with a group representing ALL the descendants of the heirs named in the so-called Makaskie decision of 1939.

And this is the most important part. They should list down their negotiating points. It is important that they think not only of themselves but also of future generations; and not only of their own progeny, but the future of all Taosugs, of all Bangsa Moro. For this reason, they need the advice of Moro intellectuals and experts on various fields.

They must set up ways to insure that the history of Sulu Sultanate will not be forgotten and the dignity of the Sulu royals will not be trampled upon. There must be investment schemes to insure the prosperity of the Sulu royals and the whole Bangsa Moro for today’s as well as for future generations.

They will have to give up their claim of sovereignty to the Malaysian government but they should get due compensation – not just for themselves but for the whole Bangsa Moro as well. This way, the Bangsa Moro people, including the armed groups would support them.

The royals can then lobby through the OIC and through friends in KL.

It is best to leave the Philippine government alone. This should be between the Moros and the Malaysians.

With Malaysia brimming with wealth, this is the right time to negotiate. But Sabah is not just an issue concerning the Sulu royals. It has been part of the Bangsa Moro revolution. The Malaysians are astute enough to realize that any meaningful resolution to the Sabah issue should include the support of the Bangsa Moro people as a whole.

 

POSTSCRIPT (March 8, 2013):

After the events in Lahad Datu and the pronouncements of the Malaysian Prime Minister and Philippine President, it is obvious that a deal had already been made between them concerning Sabah with the probable collusion, wittingly or unwittingly, of the MILF. But the seemingly very brave Najib Razak must realize that Aquino cannot sell Sabah. The real owners of Sabah will, sooner or later, get it back because international laws are on their side.

It is thus imperative that the Sabah issue will be put back within the Bangsa Moro issue. If MNLF or MILF claim to be representatives of the Bangsa Moro, then they should include Sabah in whatever peace talks they make with the Philippine government. Otherwise, they would just be representing themselves and not the Bangsa Moro people.

Clearly, in the Sabah issue, the fault lies on USA when it gave Mindanao and Sulu to the Filipinos in 1946 when it gave the Philippine Archipelago its INDEPENDENCE, with Manila getting the centralized power.

From the 1600s, Sulu governed and OWNED Sabah until 1946. On July 4 , 1946 America included Sulu in the new Philippine Republic with Sulu relegated to being a mere province. Just 4 days after the grant of Philippine independence, England declared North Borneo or Sabah as its COLONY.

And in 1963, England maneuvered that Sabah be included in a new country to be called MALAYSIA.

Because Sulu is not an independent country, it cannot complain to the International Court of Justice. Thus, the Sultanate was forced to transfer its sovereign rights to Philippine Republic. Unfortunately, the republic could not get back Sabah because England refused to allow it and the UN could not move contrary to the wishes of England which was a huge power at that time.

Fortunately, the Sultanate revoked the transfer in 1989 because of the Philippines’ inaction and the attempt of President Cory Aquino to drop the Sabah claim.

All the troubles of the Bangsa Moro have its roots in the establishment of the Republic of the Philippines, which included Mindanao, Sulu and Palawan or Moroland..All of a sudden, with a mere stroke of the pen, the proud sultanates of Sulu and Maguindanao, the Rajahnate of Buayan and the Ranao Confederation became mere provinces in a nation-state called the Philippines with all the powers controlled by Imperial Manila.

The world had turned upside down for the Moros. The Indios or Naturales who were subjugated by the Spaniards for some 350 years had become, all of a sudden, the Masters of the Islands while the Moros, unconquered by the Spaniards for 350 years, became second-class citizens in a poor country ruled by the former subjects of the Spanish monarchs.

If the Moros want to have a decent life, their only choice is crystal-clear.

============

Related post:   WHO OWNS SABAH?

Struggle for Bangsamoro independence continues

FROM PHILIPPINE STAR:

 

BIFM: Struggle for Bangsamoro independence continues

By Alexis Romero Home Updated October 15, 2012 05:07 PM

 

MANILA, Philippines – The Bangsamoro Islamic Freedom Movement (BIFM) on Monday said that the Bangsamoro framework agreement will not bring peace in Mindanao and vowed to continue calling for the creation of an independent homeland.

Abu Misri Mama, spokesman of the BIFM, insisted that the real aspiration of Bangsamoros is to achieve independence.

“Tuloy pa rin ang independence para sa Bangsamoro (Our struggle for independence for Bangsamoros will continue). The Bangsamoro political entity is not the aspiration of Bangsamoros,” Mama told radio station dzBB.

“What they are aspiring for is independence, a constitution that is not under any other political constitution,” he added.

The BIFM broke away from the Moro Islamic Liberation Front (MILF) due to some differences in policy.

Founded by former MILF commander Umbra Kato, the BIFM has criticized the MILF leadership for its alleged revisionist policy in abandoning its original stance of independence.

The military said the BIFM has about 400 members.

Mama said they would not use violence to sabotage the signing of a peace agreement. He, however, said they could resort to force to achieve their aims.

“We will not use violence to oppose that (Bangsamoro framework agreement) because that will be pointless,” the BIFM spokesman said in Filipino. “Pero gagamit kami ng dahas sa aming minimithi (But we will use violence for our aim).”

Mama said they are still waiting for the government to negotiate with them.

He admitted though that he has not read the 13-page framework agreement.

“We have a copy here but I did not read. Wala namang kabuluhan yan (it is pointless),” Mama said.

“As I said earlier, we will not commit violent acts because of the signing (of the framework agreement). We resort to violence because of our jihad,” he added.

Jihad denotes a “holy war” fought for the Islamic faith.

The BIFM consists of former MILF members who attacked civilians in various parts of Mindanao in 2008 after the Supreme Court voided the memorandum of agreement on ancestral domain (MOA-AD).

Hundreds of people including women and children, died due to the atrocities.

The MOA-AD would have formed a Bangsamoro Juridical Entity, which would have expanded the scope of the Autonomous Region in Muslim Mindanao. The new entity would have covered areas presently in Palawan in Luzon, South Cotabato, Zamboanga City, Sultan Kudarat, North Cotabato, Lanao del Norte, and Zamboanga del Sur.

The MILF has been asking members of the BIFM to return to its fold, saying it “is not a joke or a picnic to start a revolutionary struggle.”

MILF-GPH FRAMEWORK AGREEMENT: ROAD MAP TO PEACE, WAR or NOWHERE?

FROM: PNOY’S ROAD MAP TO PEACE OR TO NOWHERE? 

by Datu Jamal Ashley Yahya Abbas

Tomorrow, October 15, 2012, a supposedly historic event will happen at Malacanang – the formal signing of a Framework Agreement between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) with no less than the Prime Minister of Malaysia Najib Razak,  Organization of Islamic Conference (OIC) secretary-general Ekmeleddin Ihsanoglu, and representatives of the International Contact Group and the International Monitoring Team as witnesses for the event.

Four years  ago, a Memorandum of Agreement on Ancestral Domain (MOA-AD) was pre-signed in Malaysia but was prevented from being formally signed and eventually declared unconstitutional by the Philippine Supreme Court.

Although the MOA-AD and the Framework Agreement are basically the same just as the Bangsamoro Juridical Entity is practically the same as the new Bangsamoro autonomous political entity, everybody seems to be happy with this one yet was seething with venomous anger against the other. Why?

WITH THE PRESIDENT’S BACKING

I understand why anti-Muslim autonomy politicians like Senator Drilon and Sec. Roxas are quiet. They are the stalwarts of the Liberal Party, the party of President Aquino III. I understand why even opposition politicians who are anti-Muslim autonomy advocates are quiet. They do not want to go against the dictates of Malacanang as they might lose their pork barrel. I understand why most of mainstream media are supportive of the Aquino- approved Framework Agreement. The Media Agenda is basically the same as the Malacanang agenda. I am not surprised why the Supreme Court who branded the MOA-AD as unconstitutional is silent about the new Framework Agreement. Their new Chief Justice was newly appointed by the President.

But I am surprised why so many ordinary Christian Filipinos, who appeared ready and raring to join the Crusades against the Moros during the height of the MOA-AD controversy, are now silent and are even said to be “pro-Peace”, whatever that means. Could it be that left on their own, the Filipino masses would actually be pro-Peace and that they are just looking for cues from their opinion leaders?

If that is so, then there is actually a possibility for peace in this country!

The question then is, will the ruling elite allow lasting peace in the country? The “No War – No Peace” condition has a lot of advantages for the powers that be.  It helps them maintain their position of dominance and power – both in Mindanao and in Metro Manila.

TIMELINE

This early, government functionaries have already said that the schedule for the finalization of the MILF-GPH peace talks will be in 2016. That would simply not work. In 2016, Aquino III will be a lameduck president. The opposition will not be afraid of him. His party-mates will be ready to abandon him. The Media will look for its own agenda.

Ms. Arroyo thought that in 2008, she could still make the MOA-AD palatable to the majority. But she underestimated her unpopularity. The obvious rigging of the elections in 2007 and her attempts to have Martial Law through Proclamation 1017 which called for a State of Emergency gave chills down the spines of many Filipinos. The opposition’s resistance to the MOA-AD gained overwhelming adherents.

In the same vein, Mr. Aquino should not over-estimate his popularity. The removal of Supreme Court Chief Justice Corona and his replacement wit a young law professor who was Aquino’s schoolmate in college does not go well with many critical-thinking Filipinos. As Senator Joker Arroyo remarked, by removing CJ Corona, Aquino effectively controlled the three branches of government thus having Martial Law powers without calling Martial Law.

Recently, this September, the ‘netizens of the country were up in arms against Aquino’s Anti-Cyber Crime Law, calling the imposition of the law as “e-Martial Law”. His advisers/retinue who keep on trumpeting Aquino’s alleged popularity must have been surprised at the people’s protest. With about a dozen petitions to the Supreme Court, the Court issued a Temporary Restraining Order on the government’s implementation of the law.

If Aquino and his party-mates are truly sincere in this peace process, they must start the ball rolling this early. They cannot presume that Aquino’s popularity will remain as high as they say it is. A plebiscite in one and a half year’s time must be scheduled. The plebiscite should not be done beyond 2014. If that happens, then maybe there would be some hope for peace.

As for the doubting Moros, it does not matter who represents the Bangsa Moro. What is important is what the representatives achieve for the Moros. The best thing we got so far, after struggling for more than 40 years, is the Tripoli Agreement. If the MILF can get something less than the Tripoli Agreement but can have it fully implemented favoring the Moros, then well and good. But for me, the Tripoli Agreement remains the basic autonomous agreement. Everything else is a part of the process towards its full implementation.

HOWEVER

However, and this is a big however, I’m afraid all this hullabaloo is just for show. The Aquino administration is simply imitating the Arroyo administration. Like Arroyo, who lured the MILF to the negotiating table by dangling a “Bangsamoro State” carrot, Aquino is dangling the Bangsamoro “autonomous political entity” carrot while taking control of ARMM by appointing his own people – Hataman et al – and letting them run for office in the coming elections. This is being done in spite of Aquino’s announcement that his team will be on a temporary capacity and will not run in 2013. (Remember when Arroyo said she wouldn’t run in 2004?). He will extend the talks until near the end of his presidential term when it will meet extreme opposition from the Christian majority.

On the other hand, the MILF will be glad to keep on talking and putting concepts on the table. The alternative is war in the battlefields. Any agreements will be bases for future agreements. The MILF can just bide its time while winning more local supporters as well as international supporters like the US and Malaysia. It probably also hopes that MNLF will somehow just disappear.

It is really a win-win situation for Aquino and the MILF but a lose-lose situation for the people.

At the end of Aquino’s reign when the s##t hits the fan, there’ll be disaster. And this time, it might not just involve two commands of MILF “rogue” fighters but might involve a whole lot more. By that time, so many Moros would have been made to believe that Aquino and the Philippine government are sincere, only to find out that they were just being had.

(And pray tell, whatever happened to the Jakarta Agreement – Ramos’s peace pact with the MNLF? It also had the US imprimatur as well as the OIC’s.)

Philippine government’s peace negotiator Marvic Leonen said, “The new autonomous political entity will be created through an organic act, drafted by a Transition Commission, enacted by Congress and effective upon ratification in a plebiscite.” These are all difficult political tasks, almost impossible to handle by any government. But as shown by the Christian Filipino people’s response to the Framework Agreement, they would support whatever their leaders say so.

If all these difficult tasks were to be done swiftly with the full support of the government, then we will be on the Road to Peace. But if they will be done willy nilly or and near the end of Aquino’s term or done with a hidden agenda (like putting Aquino’s Moro lackeys to govern the Bangsamoro) , then Aquino’s road map will lead to nowhere, or worse, bigger war.

Vengeance Killings in Marawi City

In an apparent retaliation to the deaths of three of their comrades and injury to 13 others, the military picked-up and allegedly tortured and killed Engr. Abdul Mohaimen Nur Biston, field engineer of Amai Pakpak General Hospital. Engr. Biston was unarmed, carrying only a hand-held radio and a cellphone.  He was picked up right after he performed his morning prayer on August 9, 2012. Members of the units of the 65th Infantry Brigade under the command of Lt.Col. Seigred Espina committed this heinous act.

Lt.Col. Espina claimed, in a statement he made on local news, that it was a case of “MISTAKEN IDENTITY” and that  the military authorities have surrendered to the Philippine National Police of Marawi City the persons responsible of the heinous act.

 

MILITARY ATTACKED

According to Col. Daniel Lucero, commander of the Army’s 103rd Infantry Brigade, at around 9:00 pm  Wednesday Aug 8, a truck of soldiers patrolling Mindanao State University (MSU) in Marawi City was ambushed by unidentified men, killing 3 soldiers and wounding at least ten more.

Another group of armed men attacked the military unit based at the Agus hydro dam in downtown Marawi. A ten-year old child was caught by, presumably, stray bullets. The child died.

 

MAYOR’S HOUSE RAIDED

The military suspected the attackers to be supporters of Marawi City Mayor Fahad Salic. The military then raided the house of the mayor and confiscated a gun and some ammunition, supposedly as evidence. The Mayor, on the other hand, threatened to sue the military for trespassing, warrant-less search and theft.

According to Philippine Star report:

“A female Marawi City official, however, said the soldiers were waylaid after conducting a failed raid for illegal drugs on one of the houses in the MSU compound.

The official, who requested anonymity, said the soldiers retaliated by raiding and searching houses, including the residence of Mayor Fahad Salik and his wife, Rasma, an assemblywoman of the Autonomous Region in Muslim Mindanao.

Salik decried (sic) the raid, saying the soldiers had no search warrant and alleging that cash, valuables and jewelry were missing in his house. He said the AK assault rifle seized by the troops is licensed.

The female city official said government troops have set up roadblocks in the city, compounding the tense situation there.

She said soldiers even disarmed two policemen on their way home yesterday morning.”

 

VENGEANCE KILLINGS

From other reports gathered, it appears that the unidentified attackers’ motive was to avenge the killing of a relative by soldiers of this particular military unit.

And it appears that the military is bent on avenging their fallen comrades.

 

DE FACTO MARTIAL LAW

While ARMM officials have announced that there is no Martial Law in Marawi, the military seems to be pretty much the law there. They, instead of the police, patrol the city. More troops are now “securing” MSU. They arrest people without warrants, just like what they did to Engr. Biston, whom they picked up and eventually allegedly killed. And they even raid the Mayor’s house without any search warrant and confiscate his gun and ammunition.

There are several reports of military abuses toward civilians in Marawi City that still need to be verified and documented.

Philippine Government agrees to create Bangsamoro state

The Philippine government and the Moro Islamic Liberation Front signed an agreement on some fundamental points with the total framework of a new “Bangsamoro political entity … that will replace the Autonomous Region in Muslim Mindanao” (or ARMM).

Mindanews photo by Carolyn O. Arguillas

 

FROM MANILA STANDARD TODAY:

Govt agrees to create Bangsamoro state

Tuesday, 24 April, 2012 Written by 

THE Aquino administration has finally agreed to create an autonomous Bangsamoro political entity for the separatist Moro Islamic Liberation Front that will replace the Autonomous Region in Muslim Mindanao.

In a deal signed by government chief negotiator Marvic Leonen and his MILF counterpart, Mohagher Iqbal, in Kuala Lumpur on Tuesday, both parties agreed that the new autonomous political entity will have a “ministerial form of government.

The powers to be reserved for the national government are as follows: defense and external security; foreign policy; common market and global trade; coinage and monetary policy; citizenship and naturalization; and postal service.

The power to enter into economic agreements, however, will be transferred to the new Bangsamoro entity.

The MILF had earlier asked for the powers to establish civil service, electoral, educational, legislative and legal institutions, police and internal security forces, and judicial and correctional systems.

Both sides also agreed that the future Bangsamoro entity must be given the power to “create its own sources of revenue and to have a just share in the revenues generated through the exploration, development or utilization of natural resources.”

The Bangsamoro entity will also have powers over the Shariah justice system.

“The autonomous political entity envisioned is a secular political unit, existing within the Republic of the Philippines, located within its territory, and subject to its sovereignty as a State,” Leonen said.

“The government of this autonomous political entity shall also ensure guarantees of human rights and liberties for its inhabitants, such as religious freedom, the right of women to meaningful political participation, and freedom from ethnic, religious or sectarian harassment, in addition to the rights already enjoyed.”

Leonen said the government and the MILF achieved a breakthrough with the signing of a document containing at least 10 consensus points.

He said the 10 common points were “commitments that can be properly accommodated by our current legal and political realities.”

The document signed was “not yet the final peace agreement,” but it will serve as a “framework for the eventual signing of a peace agreement,” Leonen said. The talks on disarmament, demobilization and reintegration will be tabled next for negotiations.

Leonen said that on issue of power sharing and autonomy, the government will be bringing “the collective words of the experts in our bureaucracy, including inputs coming from our consultations with the people.”

“Our panels and our principals know that this is only an initial set of agreements which must be contextualized later by the full final agreement,” he said.

The consensus points were “not unreasonably set in stone.” “Outstanding issues” such as the geographic scope of the autonomous political entity, power sharing, and wealth sharing between the entity and the national government will be “contextualized” in the final agreement.

(Published in the Manila Standard Today newspaper on /2012/April/25)

Moro fisherman dies in US-Philippine war games

FROM RAPPLER.COM

US troops in sea mishap, 1 fisherman dead

BY DAVID Y. SANTOS

Posted on 04/19/2012 6:23 PM  | Updated 04/19/2012 10:01 PM

MANILA, Philippines (UPDATED) – Tragedy marred the conduct of the Balikatan Exercises 2012 after a fisherman in Basilan died when his motorized pump boat collided with a sea vessel belonging to US troops Wednesday night, April 18.

Reports from Zamboanga City identified the victim as Ahbam Juhurin. He had come from Isabela City and was on his way home with his child to the island municipality of Hadji Muhtamad when the accident happened.

Tahira Ismael, former town mayor of Lantawan town and a relative of the victim, said the collision occurred on the coast of Baluk-Baluk near Hadji Muhtamad town around 7 p.m. Wednesday.

“One of the victim’s children, who was also in the pump boat, was injured and has been brought to a military hospital,” Ismael told reporters.

The US Embassy in Manila confirmed the incident. In a statement released to media, it said: “During routine maritime activity on April 18 involving Joint Special Operations Task Force-Philippines (JSOTF-P) and Philippine security forces, their boat collided with a local fishing vessel. Despite rescue efforts, one local fisherman was killed, and another injured in the accident.”

The statement added: “We offer our heartfelt condolences to the family and friends of the victim. We understand that appropriate authorities have begun an immediate investigation into the incident, and JSOTF-P is cooperating fully.”

Returning home

The victims were bringing along fish when their pump boat was hit by a speedboat supposedly belonging to the American soldiers, according to Ismael. She added the US troops assisted the victims and brought them to Basilan’s capital, Isabela City, to seek medical treatment.

However, after sustaining head injuries due to the impact of the crash, Juhurin reportedly died even before he could be transported to a local hospital.

Ismael said the family of the victims has agreed to accept compensation for the accident.

But Western Mindanao Command (WestMinCom) spokesman Lt Col Randy Cabangbang said the Basilan Provincial Police will still investigate it.

Cabangbang also pointed out that both the Joint Special Operations Task Force-Philippines (JSOTF-P) and the AFP have extended all forms of assistance to the victims’ family. The JSOTF-P is a team of American troops based in Zamboanga City but who receive orders from the US Pacific Command.

Juhurin’s body was brought to the WestMinCom mosque on Thursday morning, April 19, for the traditional Islamic ceremonies.

More than 600 US troops are stationed in different parts of Mindanao as part of their counter-terrorism campaign since 2001.

The PH-US Balikatan 2012 commenced last April 16, with close to 7,000 American and Filipino soldiers participating in different joint military exercises and humanitarian missions in Luzon, Palawan and parts of Western Mindanao.

The US Embassy and WestMinCom however pointed out that the US troops involved in the incident “were not part of Balikatan 2012”.

The sea mishap in Basilan happened as cause-oriented groups opposing the Balikatan conducted protest actions from Davao City to different parts of Mindanao, culminating in Zamboanga City where most of the US troops are based. – Rappler.com