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No. 267 of Auxiliary Forces and Private Armies: Security Sector Governance (SSG) and Conflict Management in Maguindanao, Mindan

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No. 267 of Auxiliary Forces and Private Armies: Security Sector Governance (SSG) and Conflict Management in Maguindanao, Mindan The RSIS Working Paper series presents papers in a preliminary form and serves to stimulate comment and discussion. The views expressed in this publication are entirely those of the author(s), and do not represent the official position of RSIS. If you have any comments, please send them to [email protected]. Unsubscribing If you no longer want to receive RSIS Working Papers, please click on “Unsubscribe” to be removed from the list. No. 267 Of Auxiliary Forces and Private Armies: Security Sector Governance (SSG) and Conflict Management in Maguindanao, Mindanao Maria Anna Rowena Luz G. Layador S. Rajaratnam School of International Studies Singapore 16 January 2014 This working paper is an outcome of a research initiative on the theme ‘Responding to Internal Crises and Their Cross Border Effects’ led by the Centre for Non-Traditional Security (NTS) Studies, S. Rajaratnam School of International Studies (RSIS). The initiative was organised around related sub-themes, each of which was addressed by a research group comprising selected scholars from across Southeast Asia. This paper emerged from work by the research group focused on ‘Bridging Multilevel and Multilateral Approaches to Conflict Prevention and Resolution: Security Sector Governance and Conflict Management in Southeast Asia’. This project was supported by the MacArthur Foundation’s Asia Security Initiative (ASI). For more information on the ASI, please visit http://www.asicluster3.com. i About RSIS The S. Rajaratnam School of International Studies (RSIS) was established in January 2007 as an autonomous School within the Nanyang Technological University. Known earlier as the Institute of Defence and Strategic Studies when it was established in July 1996, RSIS‟ mission is to be a leading research and graduate teaching institution in strategic and international affairs in the Asia Pacific. To accomplish this mission, it will: Provide a rigorous professional graduate education with a strong practical emphasis, Conduct policy-relevant research in defence, national security, international relations, strategic studies and diplomacy, Foster a global network of like-minded professional schools. GRADUATE EDUCATION IN INTERNATIONAL AFFAIRS RSIS offers a challenging graduate education in international affairs, taught by an international faculty of leading thinkers and practitioners. The Master of Science (MSc) degree programmes in Strategic Studies, International Relations, Asian Studies, and International Political Economy are distinguished by their focus on the Asia Pacific, the professional practice of international affairs, and the cultivation of academic depth. Thus far, students from more than 50 countries have successfully completed one of these programmes. In 2010, a Double Masters Programme with Warwick University was also launched, with students required to spend the first year at Warwick and the second year at RSIS. A small but select PhD programme caters to advanced students who are supervised by faculty members with matching interests. RESEARCH Research takes place within RSIS‟ six components: the Institute of Defence and Strategic Studies (IDSS, 1996), the International Centre for Political Violence and Terrorism Research (ICPVTR, 2004), the Centre of Excellence for National Security (CENS, 2006), the Centre for Non-Traditional Security Studies (Centre for NTS Studies, 2008); the Temasek Foundation Centre for Trade & Negotiations (TFCTN, 2008); and the Centre for Multilateralism Studies (CMS, 2011). The focus of research is on issues relating to the security and stability of the Asia Pacific region and their implications for Singapore and other countries in the region. The school has four professorships that bring distinguished scholars and practitioners to teach and to conduct research at the school. They are the S. Rajaratnam Professorship in Strategic Studies, the Ngee Ann Kongsi Professorship in International Relations, the NTUC Professorship in International Economic Relations, and the Bakrie Professorship in Southeast Asia Policy. INTERNATIONAL COLLABORATION Collaboration with other professional schools of international affairs to form a global network of excellence is a RSIS priority. RSIS maintains links with other like-minded schools so as to enrich its research and teaching activities as well as adopt the best practices of successful schools. ii ABSTRACT This paper focuses on the governance of the security sector in situations of armed conflict and the role of effective governance in conflict management. Specifically, it seeks to examine whether the security sector has helped to advance conflict management objectives in Mindanao, or whether their activities have aggravated the situation. It critically examines the role of the core security sector, namely, the armed forces, the police and the auxiliary forces, the use of which was expanded during the Arroyo administration. Beyond that, it highlights the impact of those elected politicians with authority and oversight over the armed units. The paper uses Maguindanao, a province in Mindanao in the southern Philippines, as a case study. ******************************* Maria Anna Rowena Luz G. Layador is Assistant Professor in the Department of Political Science, University of the Philippines, Diliman, and a Fellow with the Institute for Strategic and Development Studies, Inc. (ISDS Philippines). She holds a master‟s in International Studies from the University of the Philippines and a master‟s in Regional Integration from the Asia–Europe Institute, University of Malaya, Malaysia. iii Contents 1. Introduction ....................................................................................................................................... 2 2. Overview of the conflicts in Mindanao and their management .................................................... 3 2.1 Armed conflicts in Mindanao and their root causes ...................................................................... 3 2.2 Evolution of conflict management approaches ............................................................................. 4 3. The security forces: A hindrance to conflict management? ........................................................ 8 4. The case of Maguindanao: Security to insecurity? ..................................................................... 10 4.1 The political context: Clans and violence ................................................................................... 10 4.2 The Maguindanao massacre ...................................................................................................... 12 5. Security sector reform (SSR) ......................................................................................................... 15 5.1 Early SSR efforts ........................................................................................................................ 15 5.2 Commission on Human Rights ................................................................................................... 15 5.3 Recent developments ................................................................................................................. 16 6. Implications for conflict management .......................................................................................... 17 7. Conclusion ....................................................................................................................................... 18 1 1. Introduction According to a report by the International Peace Academy (IPA), governance, seen as “a society‟s capacity to reconcile conflicting interests and manage change peacefully”, is central to conflict management.1 Specifically, the report notes that “strengthening state institutions and enhancing their capacity to provide security and development based on principles of good governance are essential for sound conflict management”.2 From this perspective, “strengthening [institutions such as] electoral and legislative systems, improving access to justice …, supporting decentralization, and developing greater capacity to deliver basic services” would contribute towards efforts to manage conflicts.3 This paper focuses on one area of governance: that of the security sector in situations of armed conflict. It proceeds on the basis, as advanced by Ball, that good security sector governance (SSG) is marked by the prevention of outbreaks of conflict and violence, or of their recurrence, and the provision of security for the state and its citizens, within the context of democratic governance.4 This suggests that good SSG is associated with security sector organisations operating in accordance with international law and domestic constitutional law.5 Scholars also note the importance of recognising that the security sector extends beyond core actors such as the armed forces, the police and their auxiliary forces, and that any discussion of SSG must also encompass the elected authorities and civilian institutions that hold responsibility for oversight over the core actors. Indeed, Cleary and McConville argue that democratic governance should be taken as the “subordination of the armed forces to democratically elected political authorities”.6 They further suggest that “politicians, military personnel and civil servants … [are] equally bound to operate within the constitutional framework and under the rule of law”.7 It follows from this that both the core security actors and the civilian institutions exercising oversight over them must be subject to scrutiny
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