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Security Council Distr.: General 21 January 2010

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Security Council Distr.: General 21 January 2010 United Nations S/2010/36 Security Council Distr.: General 21 January 2010 Original: English Report of the Secretary-General on children and armed conflict in the Philippines Summary The present report, the second country report of the Philippines prepared pursuant to the provisions of Security Council resolution 1612 (2005), covers the period from 1 December 2007 to 30 November 2009, and gives an account of the grave violations of child rights committed in armed conflict situations in the Philippines. Cases covered in the report include the significant developments involving the four major actors in the Philippines — the Armed Forces of the Philippines and the paramilitary Citizen Armed Force Geographical Unit; the Moro Islamic Liberation Front; the National Democratic Front of the Philippines — the New People’s Army; and the Abu Sayyaf Group. The report also presents the progress made since the first country report, including the development of an action plan with the Moro Islamic Liberation Front, and the challenges encountered. The report also presents a list of recommendations for the protection of children in conflict-affected areas, including the need for resources to be immediately mobilized for the implementation of the monitoring and reporting mechanism initiatives, with special focus on the development and implementation of action plans. 10-21624 (E) 170310 *1021624* S/2010/36 I. Military, social and political developments in the Philippines 1. With the recent emergency caused by tropical storm Ketsana and typhoon Parma in September and October 2009, the focus of military operations shifted from internal security to disaster response, according to Defence Secretary Gilberto Teodoro. Personnel from the Armed Forces of the Philippines and the Philippine National Police were tasked to assist in disaster operations, temporarily suspending their offensive operations in typhoon-affected areas. The New People’s Army (NPA) also halted their tactical offensives, particularly in Southern Tagalog and Central Luzon, to assist in community relief and rehabilitation efforts. 2. The national election scheduled for May 2010 is starting to affect the socio-political environment in the country, as political rivalries lead to increased violence, with armed clashes between political clans that are vying for political power erupting in Central Mindanao. The tension between political clans is a concern as many fear that collateral fighting in Mindanao and other areas may break out. This situation further complicates the existing displacement problem in the area. In September 2009, 400 more families in Pikit town of North Cotabato were displaced by fighting between political clans.1 Political violence reached its peak with the 23 November 2009 massacre in Maguindanao province, which claimed the lives of 57 people. The casualties were part of a convoy of journalists and lawyers, accompanying the women relatives of Buluan town Vice Mayor Esmael Mangudadatu, who were on their way to the provincial capitol in Shariff Aguak to file Mangudadatu’s certificate of candidacy for governor to challenge Datu Andal Ampatuan, Jr. Initial investigations reveal that, at approximately 10:30 in the morning, the convoy was blocked at a checkpoint manned by some 100 armed men allegedly led by Mr. Ampatuan. The remains of the 57 victims, many of whom were women, were later found that same afternoon in shallow graves, riddled with gunshot wounds. In response, the military heightened its operations to track down the suspects of the massacre. The massing of military troops particularly in the towns of Mamasapano, Shariff Aguak, and Datu Saudi Ampatuan, prompted the internally displaced persons who had recently settled in their homes to return back to evacuation centres. Moro Islamic Liberation Front 3. Developments in the peace process between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front (MILF) have been noted in the reporting period. The issue of ancestral domain2 came to the fore and triggered renewed fighting between the Government forces and rogue elements of the MILF in August 2008. The Government forces immediately retaliated to MILF attacks on civilian communities with large-scale military operations against the troops led by rogue MILF commanders Abdullah Macapaar, alias “Bravo”, Aleem Sulaiman Pangalian and Ameril Umbra Kato. Barely a month after the onset of that conflict, __________________ 1 National Disaster Coordinating Council Update dated 12 September 2009. 2 The formal signing of the memorandum of agreement on ancestral domain on 5 August 2008 was aborted because of a court injunction filed by those opposing the draft agreement. The memorandum of agreement would have started the creation of a Bangsamoro Juridical Entity, and an expansion of Bangsamoro homeland in parts of Mindanao and Palawan. Subsequently, on 14 October 2008, however, the Supreme Court ruled that the proposed agreement was unconstitutional. 2 10-21624 S/2010/36 the National Disaster Coordinating Council reported on 2 September 2008 that 88,378 families, or 432,772 persons, were displaced. That would include more than 300,000 displaced children in 11 provinces of southern Philippines. Despite the renewed conflict and the suspension of the peace talks, both sides reiterated their commitment to the peace process. 4. After a lull early in 2009, armed fighting between the Government and the MILF again erupted in the middle part of the year. Heightened military operations by the Armed Forces of the Philippines and seemingly coordinated grenade and improvised explosive device bombing attacks by suspected MILF elements in June and July 2009 further increased internal displacement, totalling more than 750,000 people in southern Philippines.3 However, there are indications that the number of internally displaced persons slowly reduced during the last months of 2009 following the separate declarations of ceasefire by the Government and the MILF and the drop in the number of armed encounters. 5. Despite the stalled negotiations following the aborted signing of the memorandum of agreement on ancestral domain, informal talks between the Government and MILF panels were gradually revived and the groundwork set for the resumption of formal peace negotiations. Talks between the negotiating panels in July 2009 resulted in the Government’s issuance of a Suspension of Military Operations, which was reciprocated by the MILF with its declaration of Suspension of Military Action. Although these suspensions are welcome, they have been unilaterally declared by both sides and have no defined duration or formal set of guidelines, as in the case of a ceasefire. The panels later met in Malaysia in August 2009 to plan the resumption of peace negotiations. They agreed to create an International Contact Group to mobilize international support for the peace process and to facilitate the stalled peace talks. In October 2009, Government and MILF panels also signed an Agreement on Civilian Protection Component of the International Monitoring Team, which reconfirms their obligations under international humanitarian law and human rights law, and includes provisions for the preservation of facilities vital for the survival of civilians, such as schools, hospitals and relief distribution sites. Abu Sayyaf Group 6. The Abu Sayyaf Group remains active, particularly in the provinces of Basilan and Sulu. They have been associated with numerous kidnappings that targeted humanitarian workers, journalists, teachers and businessmen. This included the abduction of three Red Cross workers on 15 January 2009 and of three public schoolteachers in Zamboanga City immediately thereafter. Intensive Armed Forces of the Philippines military search operations followed each incident. Only a month after a staff member of the International Committee of the Red Cross was released, on 12 August 2009, the military launched a major offensive upon a training camp of the Abu Sayyaf Group at Sitio Kurellem, Silangkum in Tipo-Tipo town of Basilan province. After overrunning the Abu Sayyaf Group camp commanded by Furuji Indama and Khair Mundos, the military declared that their troops recovered a significant number of explosive devices. Both parties sustained heavy casualties in close day-long combat. Another military operation was conducted on 20 September 2009 to seize the main camp of the Abu Sayyaf in the province of Sulu. Military __________________ 3 National Disaster Coordinating Council Sitrep No. 86 re IDPs in Mindanao dated 14 July 2009. 10-21624 3 S/2010/36 planes conducted air strikes over the area. In response, the Abu Sayyaf allegedly planted roadside bombs aimed at military troops stationed in Jolo, Sulu province. Although children have reportedly been associated with Abu Sayyaf units, no accurate estimate of numbers of children associated is currently available. New People’s Army 7. Prospects to resume negotiations with the National Democratic Front of the Philippines (NDFP), the political arm of the New People’s Army (NPA), brightened when the Government of the Republic of the Philippines renewed, in August 2009, the Joint Agreement on Safety and Immunity Guarantees4 for NDFP negotiators. But this soon dissipated as disagreements on the application of the Joint Agreement emerged leading to another impasse in the negotiations. Sporadic clashes between Armed Forces of the Philippines and New People’s Army forces persist in the countryside. According to Armed Forces of the Philippines
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