After Mamasapano, solons wary of coordination clause in Bangsamoro bill

The proposed coordination protocols for the movement of the Philippine National Police (PNP) in the proposed Bangsamoro region might make the police's work more difficult as they will have to pass through a certain “intergovernmental relations mechanism” first, lawmakers warned Thursday.

The PNP and the National Police Commission (Napolcom), however, do not see a problem with making coordination with the Bangsamoro government mandatory because they said they’re aware of the possible dangers of failing to do so.

Cagayan de Oro Rep. Rufus Rodriguez expressed concern that the PNP would be unable to carry out its law enforcement operations as quickly as it should if the Bangsamoro Basic Law (BBL), in its original form, is passed.

He noted that the proposed law's Section 1 of Article XI on public order and safety provides for the cooperation and coordination between the central government and the Bangsamoro government through the intergovernmental relations mechanism.

Stumbling block

“This puts up a stumbling block to immediate action [concerning] peace and order,” Rodriguez said of the provision, noting that the issue of public order and safety requires the prompt response of law enforcement agencies.

In response, Napolcom Vice Chairman Eduardo Escueta said coordination between the national government and the Bangsamoro government is necessary even on urgent matters because failure to do so might result in “unintended consequences.”

“So you mean to say we’ll continue the situation like in Mamasapano where the PNP Chief cannot direct the policemen to go into the area without coordinating with the Bangsamoro government?” Rodriguez asked.

“What happened there was the [coordinating] mechanism wasn’t observed,” Escueta replied.

Issue on coordination

Rodriguez, who heads the ad hoc panel discussing the BBL at the House of Representatives, said the situation in Mindanao following the BBL’s passage should be different from the status quo since peace should already reign in the area following the decommissioning of armed combatants.

“Why would we need that (intergovernmental relations mechanism) when in fact the BBL was precisely created to promote peace [in the Bangsamoro area]? Meaning, there should be no more firearms. Therefore, the PNP should be able to go directly without having the need to coordinate their actions,” he said.

The lack of coordination between the Special Action Force and the Moro Islamic Liberation Front, the government’s peace partner, had been cited as one of the reasons for the Mamasapano debacle that resulted in the deaths of over 60 people, including 44 SAF troopers.

The police commandos were in the area to carry out a covert operation to nab high-profile terrorists Zulkifli bin Hir alias Marwan and Abdul Basit Usman.

Under the Ad Hoc Joint Action Group’s (AHJAG) terms of reference, the Tactical Operations Center or Tactical Command Post of government forces must coordinate with the AHJAG and MILF forces to avoid unnecessary confrontation.

"Perpetual negotiations"

Magdalo party-list Rep. Gary Alejano said requiring the PNP to coordinate its actions through the intergovernmental relations mechanism would result in “perpetual negotiations” with the Bangsamoro government.

PNP officer-in-charge Deputy Director General Leonardo Espina, however, said the proposed coordination between the PNP and the Bangsamoro government will be no different with the coordination done by operational police units with their local counterparts when conducting law enforcement operations.

Citing his experience as director of the Highway Patrol Group, Espina said coordination is vital to avoid “misencounters” between law enforcement agents and ensure the mission’s success.

Institutionalized processes

But South Cotabato Rep. Ferdinand Hernandez said the proposed coordination protocol in the Bangsamoro bill will be different from the established mechanisms employed by the police force because the PNP will be required to inform leaders of the Bangsamoro region of their actions, as well as obtain their permission.

“The intergovernmental relations mechanism we’re talking about here has a different interface. Hindi pwedeng makapasok kaagad ang mga pulis,” he said.

“What we’re trying to avoid is having the PNP ask permission from the MILF for their actions. By the time the BBL is passed, they won’t be a rebel group, they’ll be just like us. They shouldn’t be treated differently,” Hernandez added.

Lawyer Mohammad Al-Amin Julkipli, member of the government peace panel’s legal team, assured the lawmakers that the work of the proposed intergovernmental relations mechanism won’t be limited to solving pressing problems regarding law enforcement in the Bangsamoro region.

“When we say intergovernmental relation mechanism, it is not envisioned to be an ad hoc mechanism that will only crop up when there are specific issues. In other words, it’s designed to set and institutionalize processes, rules and protocols to govern future situations. Precisely, it’s not supposed to address each and every conflict, but to make certain rules uniform and applicable  for similar and like scenarios," he said.

“It's never the intention of that provision to make it difficult for law enforcement agents to do their job,” he added. —KBK, GMA News