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Southern Philippines, February 2011 Confirms CORI country of origin research and information CORI Country Report Southern Philippines, February 2011 Commissioned by the United Nations High Commissioner for Refugees, Division of International Protection. Any views expressed in this paper are those of the author and are not necessarily those of UNHCR. Preface Country of Origin Information (COI) is required within Refugee Status Determination (RSD) to provide objective evidence on conditions in refugee producing countries to support decision making. Quality information about human rights, legal provisions, politics, culture, society, religion and healthcare in countries of origin is essential in establishing whether or not a person’s fear of persecution is well founded. CORI Country Reports are designed to aid decision making within RSD. They are not intended to be general reports on human rights conditions. They serve a specific purpose, collating legally relevant information on conditions in countries of origin, pertinent to the assessment of claims for asylum. Categories of COI included within this report are based on the most common issues arising from asylum applications made by nationals from the southern Philippines, specifically Mindanao, Tawi Tawi, Basilan and Sulu. This report covers events up to 28 February 2011. COI is a specific discipline distinct from academic, journalistic or policy writing, with its own conventions and protocols of professional standards as outlined in international guidance such as The Common EU Guidelines on Processing Country of Origin Information, 2008 and UNHCR, Country of Origin Information: Towards Enhanced International Cooperation, 2004. CORI provides information impartially and objectively, the inclusion of source material in this report does not equate to CORI agreeing with its content or reflect CORI’s position on conditions in a country. It is acknowledged that all sources have a bias, it is for decision makers to place a weight on sources, assessing relevance to each individual application. CORI Country Reports are prepared on the basis of publicly available information, studies and commentaries within a specified time frame. All sources are cited and fully referenced. Every effort has been taken to ensure accuracy and comprehensive coverage of the research issues, however as COI is reliant on publicly available documentation there may be instances where the required information is not available. The reports are not, and do not purport to be, either exhaustive with regard to conditions in the country surveyed, or conclusive as to the merits of any particular claim to refugee status or asylum. Every effort has been made to compile information from reliable sources; users should assess the credibility, relevance and timeliness of source material with reference to the specific research concerns arising from individual applications. CORI is an independent centre providing specialist research resources to support Refugee Status Determination. CORI works internationally with all parties to RSD, including governments, legal representatives and NGOs, producing commissioned research reports and providing knowledge management services. CORI works to improve standards of COI production through capacity building and training. Country of Origin Research and Information (CORI) www.cori.org.uk [email protected] February 2011 2 Table of Contents PREFACE.......................................................................................................................................................... 2 A. BACKGROUND AND RECENT DEVELOPMENTS................................................................................ 4 1. POLITICAL ACTORS AND SYSTEM; SOUTHERN PHILIPPINES ....................................................................... 4 2. PEACE AGREEMENTS AND AUTONOMY .................................................................................................... 11 3. CLAN FEUDS ......................................................................................................................................... 20 a. Rido ................................................................................................................................................ 21 b. Ampatuan Family ........................................................................................................................... 26 4. PRIOR HISTORY OF CONFLICT AND VIOLENCE .......................................................................................... 30 5. ADMINISTRATION OF JUSTICE AND RULE OF LAW...................................................................................... 36 a. Judiciary and law enforcement....................................................................................................... 36 b. Corruption....................................................................................................................................... 46 c. Witness protection.......................................................................................................................... 48 B. SECURITY SITUATION IN SOUTHERN PHILIPPINES........................................................................ 53 1. VIOLENCE AND CLAN CONFLICT IN RECENT YEARS ................................................................................... 53 2. ROLE OF GOVERNMENT BACKED FORCES AND ACTORS............................................................................ 60 3. INSURGENT GROUPS ............................................................................................................................. 68 a. Moro National Liberation Front (MNLF) and Moro Islamic Liberation Front (MILF)....................... 73 b. Abu Sayyaf ..................................................................................................................................... 78 c. New People’s Army........................................................................................................................ 82 4. OTHER ARMED ACTORS ......................................................................................................................... 86 a. Private armies and Paramilitary forces .......................................................................................... 87 C. HUMAN RIGHTS SITUATION................................................................................................................ 93 1. TREATMENT OF POLITICAL OPPONENTS, CRITICS AND WITNESSES ............................................................ 93 2. TREATMENT OF WOMEN AND GIRLS ...................................................................................................... 114 a. Armed conflict............................................................................................................................... 114 b. Early marriage .............................................................................................................................. 117 c. Reproductive health ..................................................................................................................... 119 d. Trafficking..................................................................................................................................... 122 3. CONFISCATION OF LAND ...................................................................................................................... 134 4. BLOOD FEUDS..................................................................................................................................... 139 5. TARGETING OF RELIGIOUS GROUPS...................................................................................................... 144 D. INTERNAL DISPLACEMENT .............................................................................................................. 148 1. TRENDS IN DISPLACEMENT IN SOUTHERN PHILIPPINES........................................................................... 148 2. CURRENT IDP FIGURES....................................................................................................................... 152 3. RETURN CONDITIONS .......................................................................................................................... 155 3 A. Background and Recent Developments 1. Political Actors and System; Southern Philippines The official website of the Autonomous Regional Government states that President Aquino sought the establishment of the Autonomous Region in Muslim Mindanao (ARMM) by providing for it in the 1987 Consitution and that ARMM formally started to function in 1990.1 The official website of the Autonomous Regional Government describes the legal basis for ARMM as being established by, “The 1987 Philippine Constitution The Autonomous Region in Muslim Mindanao (ARMM) was established by virtue of Article X, Section 15 to 19 of the 1987 Philippine Constitution. Republic act 6734 (August 1, 1989) The Organic Act for the Autonomous Region in Muslim Mindanao was approved by then President Corazon C. Aquino last August 1, 1989 and ratified through a plebiscite last November 19, 1989 by the constituents of the region. Republic Act 9054 (Lapsed into law, Mar 31, 2001) An act to strengthen and expand the organic act for the Autonomouir region in Muslim Mindanao, amending the purpose Republic Act No. 6734, entitled “An act providing for the Autonomous Region in Muslim Mindanao” as amended.”2 The official website of the Autonomous Regional Government states that, “The Aquino government,
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