Bandits, Villains and Bosses – Kidnappers in the Southern Philippines Eric.gutierrez@live.com March 2012 1. Research Question and Thesis – Kidnappers as new predators? Kidnapping-for-ransom (KFR) is, officially, a relatively new criminal phenomenon in the Philippines. Until today, it is not even included in the Philippine National Police’s (PNP) list of ‘index crimes’ – those that are “significant and occur with sufficient regularity to be meaningful.”1 Yet it is considered serious enough to prompt the creation and funding of specialised inter-agency task forces by successive governments – from Fidel Ramos’s Presidential Anti-Crime Commission (PACC); Joseph Estrada’s Presidential Anti-Organised Crime Task Force (PAOCTF); Gloria Macapagal Arroyo’s Police Anti-Crime and Emergency Response (PACER) and National Anti-Kidnapping Task Force (NAKTAF);2 to now, the second Aquino government’s Anti-Kidnapping Group (AKG)3. KFR incidents appear to have sharply increased in the mid-1980s, following the political turmoil before and after the overthrow of the Marcos regime. As the first Aquino government struggled against successive coup attempts as well as the Moro and communist insurgencies, kidnapping activities stepped up. By 1997, the Philippines was tagged the “kidnap capital of Asia”4. In that year alone, kidnap groups were estimated to have raked in over PhP 310 million in ransom payments (Hau, 2000: p. 219). Spread over the last 25 years, the kidnap-for-ransom ‘industry’ effectively made billions of pesos, while causing considerable damage to the economy. Curiously, the majority of KFR incidents were concentrated in the troubled southern Philippine regions of central and western Mindanao5. In 1993, the PACC reported that there were 42 kidnap groups operating in the country, 23 in Mindanao and only 14 in Manila and five in the rest of the country (Philippines Free Press, 20 February 1993). Through the 1990’s and early 2000’s, a majority of suspects appearing in ‘wanted’ lists issued by the Department of Interior and Local Governments (DILG) were from Mindanao. Cases documented in Tulay, the magazine of the Filipino-Chinese community, reveal that there were more Filipino-Chinese victims kidnapped in Mindanao, 1 The official definition of ‘index crime’ is provided by the National Statistical and Coordination Board (see http://www.nscb.gov.ph/ru6/glossary_psj.htm). The crime rate and crime statistics are kept and monitored by the PNP’s Directorate for Investigation and Detective Management (DIDM). On the PNP website, however, the statistics are available in the web pages of the Criminal Investigation and Detection Group (CIDG). See for example see http://cidg.pnp.gov.ph/crime%20data%20statistics/Statistic%202010/Annual%20%202010all%20crimes.pdf. It is not clear from the PNP website how DIDM and CIDG are connected. 2 Source: History of PACER, as seen on www.pacer.org.ph. 3 See http://newsinfo.inquirer.net/149675/pnp-retires-pacer-unit-forms-new-anti-kidnap-group 4 The label “kidnap capital of Asia” was coined by Fortune Magazine. However, even the Supreme Court used the label in a December 1997 ruling that has become part of Philippine jurisprudence – see http://sc.judiciary.gov.ph/jurisprudence/1997/dec1997/117624.htm 5 Central Mindanao includes the Cotabato and Lanao regions. Western Mindanao covers the Zamboanga peninsula, Basila, Sulu and Tawi-Tawi. 1 particularly in Cotabato City, even when a great majority of the community resides in Metro Manila. The question that must be asked therefore is twofold. Firstly, why are there such high numbers of kidnappings in central and western Mindanao? Secondly, what factors determine the periods of heightened kidnappings incidents over the last 25 years in that particular region of the country? Answering these questions is quite difficult because the reporting and monitoring of kidnappings over the years have been patchy, inconsistent, even contradictory. The government itself has no firm guidelines on counting – if 50 bus passengers, for example, were stopped, taken to a hideout, and ransoms subsequently demanded for their release, should this be counted as 50 individual cases of KFR, or a single case of hostage-taking? It is not known if legal clarifications exist to distinguish between ‘kidnapping’, ‘abduction’, ‘hostage-taking’ or ‘serious illegal detention’ – terms commonly used in the filing of criminal cases. But most importantly, in many criminal cases filed, the police and prosecution services do not even know who they are after. Cases are lodged in various courts against “John, Jane, Richard and Peter Does” or “Kumanders” who are presumed to exist but whose real names are not even known nor whose identities can be firmly established. As such, it is necessary to first do some form of identification to describe the kidnappers. This paper argues that the instigators of kidnappings in the southern Philippines can be categorised into roughly three groups: The social bandits whose origins lie in non-state armed groups who have emerged as expressions of local resistance to state neglect and to various forms of predation, but remain incapable of sustaining a head-on confrontation with the military and are therefore in no position to mobilise society to a scale that can resolve the stalemate. As a result, some or parts of these non-state armed groups have become ‘lost commands’ and have resorted to using kidnappings, among others, as political weapons while raising money, or vice versa. The villains, or opportunistic criminal entrepreneurs out to make quick money by taking advantage of the disorder and instability created by the unresolved and protracted political crisis in the region. Villains include two sub-groups who are similar to each other in many ways: a) corrupt police and military elements who ‘ride’ and use their official functions to engage in crime; and b) crooked, gangster elements of non-state armed groups who use the mantle of a political cause as a cover for what is essentially a criminal enterprise. The bosses, predatory local politicians and strongmen who are retaliating or jostling against enemies, including the central state, or simply engaging in ‘primitive accumulation’. Local bosses have the most marked variations in motives for engaging in kidnappings – from raising money and engaging in ‘primitive’ accumulation; settling a score; demonstrating capacity for violence; gaining leverage in political competition; to attacking and embarrassing political enemies. They are unlike the villains who are mainly after money. Social bandits on the other 2 hand demonstrate a predisposition to get ‘proper’ victims – those who have money to pay ransoms, so that the kidnappings can be justified as a form of income redistribution. This paper further argues that these categories overlap and are not mutually exclusive. For example, some social bandits over time either become villains or bosses; bosses have turned into villains; and successful villains morph into more powerful bosses. Oftentimes, each will also need the others. Thus, the three sets of actors can be located in three points of a triangle, with each side representing a spectrum or a range of sub-categories between each point. This is presented in Figure 1 below. Bandits Villains Bosses Figure 1 – Three sets of kidnappers All three groups ‘benefit’ or thrive because of certain structural conditions. First is the weakness of the state to provide not only essential public services, but most importantly, justice and security. This makes it possible for each of the three to become private providers of justice and security, and thus gain de facto legitimacy that they will not normally have if state institutions had been more robust and effective. A second structural condition is the proliferation of firearms and the ubiquitous presence of armed groups, state and non-state. Central and western Mindanao has perhaps the most number of firearms per capita in the country. This creates huge pools of armed men who when idle or not a mission, are prone to get into some form of criminal mischief. Finally, a third structural condition is the widespread poverty and the absence of alternative means of income in the region. This not only induces more predation, it also makes political entrepreneurship more likely. These structural conditions enable the three actors to engage in kidnapping at practically any time they want. However, there are certain events or developments that appear to drive increased kidnapping activities at particular points in time. For example, the holding of elections may induce a spate of kidnappings as local bosses engage in ‘fund-raising’ for their campaigns. Local bosses ousted from their posts by the new Manila government can use kidnappings to embarrass or to demonstrate the relative weakness of the new local postholders. There have been times when military offensives – that tied down state forces and rebel movements in fighting – created opportunities for villains to strike. 3 It can also be that ceasefires – if too prolonged with no final political resolution in sight – can induce local armed groups to break away as ‘lost commands’ and start engaging in predatory activities, including kidnappings. Prolonged ceasefires with uncertain endings create pools of idle armed men with nothing to do and no mission to accomplish, who then drift into criminal activity. In the same vein, government campaigns to dismantle private armies that do not address the reasons for why they emerge in the first place may do inadvertent harm. When a local boss’s private army is disbanded, it also creates pools of unemployed armed men with deadly skills, who can then easily turn to banditry and kidnapping to support themselves. In a private army, these men are under some form of supervision and control. They receive some form of wages too, and can be more quickly located. Released from such control, and left to fend for themselves with no support to rely on for gaining alternative employment, they can become ‘wild cards’ with huge potential for more spontaneous, less predictable trouble. Kidnappings happen in many countries around the world and in other parts of the Philippines. But what explains kidnapping as the chosen method of extraction by the three groups of predators appears to be two reasons. First, pendulum swings in the central government response – from a focus on ‘neutralisation’ in one instance, to very public demonstrations of a policy to reintegrate kidnappers back into society, in another – ensures that negotiations are possible. Because the state has no consistent and predictable response, kidnappers can almost always offer a deal. When rebels stage an ambush, for example, it automatically triggers military retaliation. Kidnappings, on the other hand, automatically trigger negotiations. The possibility of negotiations means that kidnappers can have greater chances of controlling the outcome. As long as they have the hostages, they have strategic leverage. The government’s inconsistency not only strengthens the kidnappers’ hand; it also reveals a profound disregard for the welfare of the victims. When the government swings into ‘kill’ mode, it doesn’t matter to them if the hostages are harmed, as long as the kidnappers are harmed too. When the government swings into deal-making mode, the victims become the voiceless pawns. A second reason why kidnapping has become a favoured mechanism of extraction is that much of the state response is reactive and shaped by media influence. “Playing to gallery” takes on a whole new meaning here. Kidnappings almost always trigger some kind of media frenzy. Media mileage is an incentive to the kidnappers, as it improves their bargaining leverage. The pendulum swings in state response also reveal that government may be misunderstanding the social links of the three actors. The government seems to assume that it can easily isolate these actors from their immediate communities. It is quite clear that despite the resources at its disposal, state authorities are often unable to even recognise bandits and villains. Hence, prosecutors are left with no recourse but to file cases against ‘John, Jane, Richard and Peter Does’. Bosses are more recognisable and can be quickly identified if they instigate a kidnapping. But prosecutors are either hypocritical or simply unable to move against bosses who may be more well-connected to the state than they do. The bottom line is that the three sets of actors who instigate kidnappings are more firmly embedded in local communities than police, military, or prosecutorial authorities. The three sets of actors are the familiar, local guys. The agents of the central state are the alien strangers. 4 Against this backdrop, the distinguishing lines between state and criminal – particularly when viewed not just by the victims but by the wider, affected communities – become blurred and distorted6. Kidnapping is merely a mirror of the typical politics in the Philippines where power is derivative (derived from connections and personalistic ties) and predatory (meant for the private extraction and accumulation of human, natural and other resources)7. To summarise, this paper argues that the kidnappings in Mindanao constitute a new form of predation that has complex political origins, and that the explanation for both the overall high number and the waves of heightened activity can be found in the three groups of instigators and in their interaction with each other, central state institutions, and the structural conditions they find themselves in. In Figure 2, we revise our diagram to include the state with its uncertain role in dealing with the three actors. Bandits The State and Its Agents ? Villains Bosses Figure 2: The three sets of kidnappers and the state 2. Review of Literature – Social bandits, criminal entrepreneurs and predatory bosses In July 2001 after the leader of the Pentagon KFR group confirmed over Cotabato City radio station DXMS that they had taken a Chinese engineer hostage, they received an unusual offer from then Presidential Adviser for Mindanao Affairs Jesus Dureza. Rather than pay the ransom, Dureza said in a broadcast aired the next day by DXMS, the government will instead extend support to the kidnappers so they could “start life anew”. “Under the administration of President Gloria Arroyo,” Dureza assured the kidnappers that, “you don’t have to perpetrate kidnappings just to get the 6 I am grateful for this insight to Caroline Hau, who wrote in her 2000 essay about the difficulty of distinguishing “whether the state is behaving like a criminal or it is the criminals who have started to behave like the state” 7 The depiction of Philippine politics as characterised by power that is derivative and predatory comes from John Sidel’s Capital, Coercion and Crime: Bossism in the Philippines, 1999. 5 attention of government. Through my office, you can reach the President and discuss with her your plans of starting life all over again.” (Philippine Star, 13 July 2001). Dureza’s statement was both unusual and emblematic for at least three reasons. Firstly, it was a top political official and not a police or law enforcement officer making the statement. Police principally tasked to capture the kidnappers were sidelined – not trusted enough to ‘call the shots’ in the negotiations. Secondly, Dureza’s proposed solution – to support kidnappers to ‘start life anew’ – demonstrates a gross misunderstanding of the problem. It not only confuses villain with victim. It also opens up to a policy of ‘forgive and forget’ that obscures the real reasons for why kidnappers emerge in the first place, and which demonstrates a near complete disregard for the victims who have a far better claim to be supported in starting life anew. Thirdly and most importantly, the kidnappers were very publicly addressed by no less than a Palace official not as criminals who have broken the law and will therefore be prosecuted before a court of justice, but as aggrieved individuals with legitimate issues who have too often been ignored by government, and therefore deserved an audience with no less than the president. Dureza effectively endorsed the Pentagon group to be social bandits, engaged in some form of social protest ‘to get the government’s attention’. The notion of banditry as social protest is not new. It was first elaborated in 1959 by British historian Eric Hobsbawm. Using a case study of kidnappings by ‘shepherd-bandits’ in the Sardinian highlands, Hobsbawm explained that “in some way (the kidnappings) can be seen as part of the resistance of a traditional society against modernization, of lean and poor highlanders, bypassed by the great economic boom, against the new fat cats, local and foreign, of the coast” (2000: 177). Hence, Hobsbawm concluded that by imposing their will through extortion, robbery or otherwise on their victims, bandits “simultaneously challenge the economic, social and political order by challenging those who hold or lay claim to power, law and control of resources”. Hobsbawm’s thesis of social banditry makes kidnapping as much political as it is criminal. (ibid. 7-9). Yet this ‘politicised’ framework, as illustrated by Dureza’s response, has its limits too, especially when applied for analysing a context as complex as Mindanao. The Pentagon group’s kidnapping of Zhang Zhong Quiang, the Chinese engineer, could not be portrayed with any credibility simply as social protest. The motivation is arguably money. Hobsbawm himself acknowledged that the 'new' technique of extorting enormous ransom payments is a criminal act. This was, he describes, “banditry merged into Mafia; social protest disappeared behind criminal enterprise” (ibid. 188). Anton Blok extends the discussion and points that indeed “there is more to brigandage than just the fact that it may voice popular protest.” Bandits, Blok continues, do not seem to be the “appropriate agents to transform any organizational capacity among peasants into a politically effective force”. In fact, Blok points out that in many instances, banditry can be a tool against social protest. Rather than be actual champions of the poor and the weak, “bandits quite often terrorised those from whose very ranks they managed to rise, thus suppressing them. Rather than promoting the articulation of peasant interests, bandits tend to obstruct or to deviate concerted peasant action. Bandits have fulfilled pivotal roles in the demobilisation of peasants.” Furthermore, Blok 6 continues, brigandage indirectly impedes large-scale peasant mobilisation because it provides channels to move up the social hierarchy, thus weakening class solidarity. (1972: 494-6). Blok made another important contention in his analysis. “Given the specific conditions of outlawry,” he said, “bandits have to rely very strongly on other people. They require protection in order to operate as bandits and to survive as all. If they lack protection, they remain lonely wolves to be quickly dispatched.” Blok further explained that the protection can come not only from a narrow circle of kinsmen and affiliated friends, but also from powerful politicians including those who hold office. “Our task therefore,” he emphasizes, “is to discover people on whom the bandit relies.” (1972: 497-8) Blok made three further useful observations. He cites that the more successful the bandit is, the more extensive is the protection granted him. The more banditry becomes politically-oriented, the more likely it becomes anti-peasant. And finally, he points out that a bandit’s loyalty is not to the peasants. Blok’s analysis is particularly useful for explaining the main actor in this paper – the kidnappers in the southern Philippines. But it provides little for explaining the behaviour of the other actors who interact and behave in a particular way towards the kidnappers. Yes, indeed, kidnappers rely very strongly on other people – local communities, local politicians, the leadership of the mainstream rebel movements, and even corrupt police and military officials. But it must be asked, why do those ‘other people’ provide protection to the kidnappers? In the case of ordinary peasants, why have they given the kidnappers refuge, even when doing so puts their own lives and livelihoods at risk? What do local politicians stand to gain or lose if kidnappers start to operate within their jurisdictions? Where do rebel leaderships really stand when kidnappers ‘melt’ to invisibility in areas they control? And what’s in it for police and military elements who choose to look the other way when kidnappers with hostages in tow pass their way? Understanding the kidnappers’ relationships with other actors and the social networks they find themselves in may be the key to answering the question over the high incidence and waves of heightened activity in Mindanao. One way of explaining the web of relations is to appreciate kidnapping as an enterprise, with the kidnapper as the entrepreneur, and the other actors as collaborators or competitors in the enterprise 8. To begin with, kidnapping is more likely to be an enterprise because it is a more complex form of banditry. While robbery or extortion can be perpetrated by a lone, individual robber, KFR is, in a manner of speaking, more labour and capital intensive. Raiding and pillaging can be done within a few minutes with no regard for the physical safety of the victims. KFR on the other hand can stretch on for months and even years, with the prey kept unharmed, at least until the ransom is made or not made. Furthermore, kidnapping, particularly those with political aims, can be better exploited for holding media and public attention for the duration of the hostagetaking. 8 The notion of kidnapping as an enterprise is derived from an earlier analysis I developed in the article “From Ilaga to Abu Sayyaf: New Entrepreneurs in Violence and Their Impact on Local Politics in Mindanao” in Philippine Political Science Journal, Vol.24, No.47, 2003. Philippine Political Science Association: Quezon City”. 7 More importantly, enterprises need protection. Hence, kidnappers will build links and ties with local power structures, or with whoever can provide that protection. However, that protection will almost always come with strings attached. Hence, kidnappers are bound to return the favour. Or they may even be pro-active, and provide something beforehand so they can receive that protection in return. But then as men of violence who control labour and capital to get certain things done, kidnappers can provide protection themselves, or serve a useful political purpose. Thus, Blok’s statement – that “our task is to discover the people on whom the bandit relies” – needs to be extended. We need to discover as well when it is when other people themselves begin to rely on the bandit. The question should have two parts, “who protects the bandit?” and “who does the bandit protect?” A dilemma emerges when evidence of ‘community participation’ in kidnappings appear. When hostages are kept in a remote village for months – is that village a victim as well, or are they collaborators? Should that local community be considered an unwilling contributor or active participant? Are they unwitting accomplices or interested ‘sub-contractors’ to the enterprise? Philippine courts have provided an answer to such dilemma. In what is now jurisprudence, the Supreme Court threw out an appeal of three young women who maintained they were not accomplices to nine men convicted of kidnapping, since they claim to be victims too kidnapped earlier to be the sexual partners of those convicted. The three women were arrested with six men captured following a military operation in relation to the December 1988 kidnapping of eight Zamboanga City civil servants. The women claimed that their role in the bandit camps – where the hostages were kept for three months – was merely to cook food, tidy up and look after the welfare of the captives and captors. A lower court decision to convict them as accomplices was maintained by the Supreme Court, although the penalties were revised9. Relationships between bandit groups and local communities seem to be thoroughly misunderstood. Eduardo Ugarte has written much about the faulty assumptions on bandit groups, pointing out that it is a mistake to portray them as having the basic features of a conventional organisation. Ugarte argues that it might not even be appropriate to describe them as ‘organisations’ or coherent groups at all, but rather as networks, with no fixed memberships, no chains of commands nor hierarchies of authority, and with no binding group loyalty nor regular leadership. As Ugarte explained: “The groupings involved in illicit enterprises in the southern Philippines basically consist of individual units and coalitions whose compositions run the gamut from homogenous kith-andkin alliances, grounded in local or adjacent communities, to sometimes hybrid associations of seemingly irreconcilable political foes. Their sheer profusion, heterogeneity and temporality – 9 The three women are Jumatiya Amlani, Norma Sahiddan, and Jaliha Hussin, who were minors when, they claim, they were forcibly taken from their villages to be wives for MNLF commanders Carlos Falcasantos, Jailon Kulais, and Awalon Kamlon Hassan, respectively. Note as well that in her court testimony on this case, victim Jessica Calunod identified the captors who took care of her as her ‘foster parents’. The case of the three women accomplices and testimonies of some of the victims are discussed in http://sc.judiciary.gov.ph/jurisprudence/1998/jul1998/100901_08.htm 8 the fact that they coalesce for particular operations and disband on their conclusion – are some of the reasons why they avoid identification, especially by outside observers entirely dependent on government and media sources.” (Ugarte 2008) Ugarte rejects the categorisation of the group he studied – the Abu Sayyaf – as revolutionaries or political militants, arguing that popular media depiction of the group obscures the temporal nature of the alliances and agreements that they strike with other political actors, or how their multiple identities give them constantly shifting loyalties. Thus, he describes the illicit activities as a complex criminal enterprise, requiring a web of networks, in which political actors can take part as ultimate sponsors. Ugarte and Turner have instead applied the concept of 'dark or covert networks' to these bandit groups. They explain that attempts to transform these dark and covert networks into a formal organisation with clear boundaries or fixed membership, and which is discrete from the general population, eventually fail because of the nature of Philippine politics – where “interpersonal linkages possess an overriding importance that hinders the emergence of any cohesive group loyalty.” In other words, networks of interpersonal obligations are most decisive in shaping the behaviour of particular groups – more than declared causes, common goals or formal links. (Ugarte and Turner, 2011: 416-417). This explains the profusion of ‘commanders’ who have pre-existing ties and social networks to be successful kidnappers if they choose to. The tangled ties and networks of interpersonal obligation are persuasive explanations that enable a more thorough understanding of Mindanao’s kidnappers in their immediate social milieu. However, a wider context – the relationship of kidnappers with the Philippine state – needs to be considered and analysed as well. Over the past 26 years, it can be argued that Manila has not been a benign force or a ‘developmental state’ interested in any consistent way to sort out the political and economic problems of Mindanao. It has already been pointed out earlier that the majority of kidnapping incidents has been focused in Mindanao. Yet despite this, the central government, until today, is still struggling to develop a comprehensive strategy for dealing with kidnappings in Mindanao10. On 12 January 2011, after another spate of kidnappings hit Cotabato City, then PNP Director General Raul Bacalzo openly admitted blame, saying that PACER the special police task force to fight kidnapping was concentrated only in Metro Manila, and “lacked the capability to address the problem nationwide” (Manila Times, 13 January 2011)11. PACER was simply continuing the precedent established by the PACC created in 1992. Metro Manila enjoyed focused, inter-agency police protection, while the rest of the country, most especially Mindanao, did not. The central government’s predisposition has not been surprising, given that Manila is widely regarded in Mindanao as no more interested in the welfare of the region than a predator would have for the welfare of its prey. John Sidel’s depiction of the Philippine state as “a complex set of predatory mechanisms for the private exploitation and accumulation of the archipelago’s human, 10 There is mention of an “anti-kidnapping strategy” in the PACER website, but it consists only of a declaration of commitment to ‘neutralise kidnappers’ and to ‘educate the public’ by providing such advice as ensuring that househelpers are properly briefed so that they withhold information from inquisitive strangers. 11 A link to this news report is http://www.newsflash.org/2004/02/hl/hl110424.htm 9 natural and monetary resources” is a fitting description for Manila’s overall policy towards Mindanao (Sidel, 1999: p.146). Sidel’s list of ‘state-based predations’ seems like a summary of Mindanao’s history – discriminatory enforcement of laws and regulations; discretionary provision of monopoly franchises, concessions and contracts; diversionary collection of public revenues; or personalistic disbursement of public land, funds and employment. Sidel explains that while the central government appears relatively weak in its failings as a ‘developmental state’, is has shown stronger capacity as a ‘predatory state’. His damning conclusion is that the Philippine state remained essentially a ‘multitiered racket’. Though never wholly nor solely a racket, “the Philippine state’s racket-like dimensions decisively shaped electoral competition, capital accumulation and social relations in the archipelago over the course of the 20th century” (ibid., p.146-147). Thus, the kidnappings in Mindanao should therefore be analysed not as simple law and order problems that can be solved by improved investigation, prosecution and legal or technical fixes. Instead the kidnapping problem in Mindanao should be understood as another expression of the unresolved and protracted political crisis in the region created by the central state’s essentially predatory policies which are then met by sustained local resistance. In this protracted crisis, many boundaries get to be blurred. It becomes difficult to know, as Caroline Hau puts it, whether the state is behaving like a criminal, or it is criminals who are behaving like the state (Hau, 2000). In fact, it is predatory local bosses and strongmen who emerge as the first set of instigators of kidnappings in Mindanao. Kidnapping was used by local bosses as a political weapon to: a) embarrass ascendant competitors to power; b) heighten disorder and make it more difficult to govern; c) settle a score with those who have crossed them; and d) raise money to buy patronage and fund electoral campaigns. These local bosses involved in kidnappings are not unknown to Manila and law enforcement authorities. But getting them may prove tricky, especially if they are the current local allies of the incumbent in Manila. If they happen to be with the opposition, prosecution may prove difficult nevertheless because these bosses have better and much more powerful connections than the bandits (social or otherwise) and criminal entrepreneurs. In quite a few instances, these bosses despite their links to kidnap groups and bandit leaders are relied upon to be the government’s negotiator in kidnap crises, performing like a trustee of a large organisation who intervenes with that organisation’s chief executive (the kidnapper) to get hostages released, bring ransom costs down, and get immunity from prosecution. To summarise this section, this review of literature has presented frameworks of analysis that reveal three sets of instigators of kidnappings in Mindanao. First are those who can be categorised as social bandit in the way Hobsbawm described the concept. Second are the criminal entrepreneurs as defined by Blok and refined by Ugarte. And third are the predatory strongmen and local bosses, as explained by Sidel. 3. Methodology To answer the question of why there are such high numbers of kidnappings in central and western Mindanao, and what factors determine periods of heightened activity over the last 25 years (1986 10 to 2010), this paper will present three case studies that inform on the three sets of kidnapping instigators identified and provide the evidence for this paper’s thesis: Marawi City, 1986 to 1989 – Ali Dimaporo invents a new political weapon Cotabato City, 1989 to 2002 – The ‘corporate venture’ of the Pentagon group Basilan, 1992 to 2001 – Lost Commands and the Abu Sayyaf These three case studies have been selected because they had the heaviest concentration of kidnappings at particular points in time. Much of the news and press reports on kidnappings in Mindanao from 1986 to 1989 were coming from Marawi City. From 1990 to 1992, Cotabato City started to figure more prominently. Then in 1993 and 1994, the most widely reported kidnappings were those that took place on Basilan Island. Ideally, there should be a neat fit of case studies with the thesis presented in this paper – i.e. to have one case study focusing on each of the three actors – bandits, villains, and bosses. However, the case studies below do not represent a neat fit. The case study on Marawi City is about a local strongman; the case study on Cotabato City focuses on former Moro rebels who started as social bandits but increasingly became criminal entrepreneurs in the subsequent years; the case study on Basilan is most difficult to classify – they appear to be more criminal entrepreneurs who wanted to portray themselves social bandits. Below, we present how the case studies may be located within the framework of this paper. Case study on Cotabato City and the Pentagon group Bandits Case study on Marawi and Dimapooro Case study on Basilan and the Abu Sayyaf Villains Bosses 11 4. The Case Studies CASE STUDY 1: Marawi (1986-1989) – Ali Dimaporo invents a new political weapon In this case study, we present an example of a local strongman who, while vaguely denying involvement, used kidnapping as a political weapon to settle scores, embarrass his local and national political enemies, and gain leverage in a fast-changing milieu of political competition. On 4 June 1986, amidst the political turmoil that followed the overthrow of Ferdinand Marcos, a French priest, Fr. Michel de Gigord, was kidnapped right inside the Mindanao State University (MSU) campus in Marawi, where he served as chaplain. He was released 21 days later in Binidayan, Lanao del Sur, in a televised and widely reported handover, the first priest to be kidnapped under the new Aquino regime12. It became a harbinger of things to come. Just more than two weeks after De Gigord’s release, yet another dramatic kidnapping took place, in a convent perched atop a hill overlooking Lake Marawi. This time, 10 Carmelite nuns were abducted, put aboard two motorboats, and brought to a hideout in the Maranao hinterlands. On the following day, July 12, as the national government in Manila struggled to respond and military forces in Lanao scrambled to locate the nuns, a Protestant pastor, Brian Lawrence was added to the list of victims. The kidnappers demanded a $100,000 ransom for the nuns and the implementation of an autonomy agreement for Muslims (UPI, 15 July 1986)13. When the Manila government was finally able to issue an official statement three days after the abduction of the Carmelite nuns, no less than an angry President Corazon Aquino laid the policy. “The government cannot be blackmailed,” she said, “nor will it adopt a policy of appeasement toward kidnappers, who have abused the military’s attitude of tolerance.” Yet less than a week later, that policy had already been ignored. A much smaller ransom was paid ‘to cover accommodation costs’, and the nuns and the pastor were subsequently released unharmed14. Kidnappings were not unusual in Marawi in 1986. From 1979 to 1989, military authorities reported that nearly 300 kidnappings in the Lanao provinces have been staged, involving about 400 victims, including 35 foreigners. By late 1989, none have been convicted for these kidnappings. The kidnappings started in 1979, when construction of an 80-megawatt power plant started on the Agus River ( Associated Press, 10 November 1989; and Manila Standard, 2 November 1990). Also 12 Accounts of Fr. De Gigord’s 1986 kidnapping were first sourced through news clippings, but were confirmed by Fr. De Gigord himself in a February 2012 correspondence with this paper’s writer. 13 Source: http://articles.latimes.com/1986-07-15/news/mn-21009_1_muslim-population. Note that the 1986 Marawi incidents appear to have started a new kidnapping wave. More kidnappings took place later in July, elsewhere in Mindanao, such as the kidnapping of Swiss tourist Hans Kunzli on Santa Cruz Island in Zamboanga, where Japanese tourists have also been abducted. See http://articles.philly.com/1986-0720/news/26098570_1_tarhata-alonto-lucman-filipino-nuns-zamboanga 14 The ransom paid, according to an Associated Press report, was $5000 or about PhP 100,000 based on exchange rates in 1986. Associated Press, “Kidnappers free 10 nuns unharmed in the Philippines,” by Eileen Guerrero, 17 July 1986. The news reports do not mention a ransom being made for Lawrence’s release. 12 recorded in 1979 was the abduction of American missionary Lloyd Van Vactor, who was held for 20 days. (UPI, 14 July 1986) But what was unusual about the June-July kidnappings of 1986 was its symbolic significance. It happened amidst, or as a result of a local power stand-off and political crisis, sparked by the Aquino government’s replacement of Marcos ally Mohamad Ali Dimaporo as governor of Lanao del Sur province and president of the Mindanao State University (MSU). Dimaporo was the quintessential warlord, who had on call several hundred armed supporters made up of an estimated 450 MSU armed guards, 300 special action forces, 200 provincial guards, 250 security guards in his different business interests, over 1500 paramilitary Civilian Home Defence Forces scattered across the 32 municipalities of Lanao del Sur, and including Philippine Constabulary units that were disposed to and sometimes ordered to cooperate with him (Bentley, 1995). Dimaporo had put up an armed challenge. But as he became increasingly routed politically especially because a fractious opposition tenuously united, the chaplain of the MSU was snatched. According to G. Carter Bentley, the kidnapping of Fr. De Gigord “was revealing of Maranao politics and of Ali Dimaporo’s mastery of them.” It not only captured maximum publicity; the choice of victim, place, and timing of the kidnapping, continued Bentley, were calculated for maximum political effect. De Gigord was a vocal critic of Dimaporo and an advocate of reform in the university. He was also a citizen of France, the first country to recognise the Aquino government. The kidnapping also demonstrated the vulnerability of an MSU without Dimaporo. Most tellingly, De Gigord was kidnapped on the day President Aquino appointed Dimaporo’s replacement as president of the MSU (Bentley, 1995: p.270). The kidnapping of the 10 nuns was even more symbolic. Corazon Aquino was not only widely known in predominantly Catholic Philippines as a Carmelite devotee. In the dying days of the Marcos regime, she who also was given refuge by the Carmelites and secretly kept in a monastery in Cebu to protect her from a likely assassination attempt. Those who kidnapped the nuns aired some political demands too, such as guarantees for autonomy in the Muslim regions. But they appeared to have simply wanted to settle a score with the nuns – who were Corazon Aquino’s most visible allies and local symbols in Marawi. Thus, these kidnappings appear to have been Dimaporo’s way of lashing out against the Aquino regime and her local allies. He was not to go down without fighting, but he could not afford a confrontation with the military. Kidnapping the symbols of the new regime was a way to strike back, without inviting the full force of the military. Even if Dimaporo did not mastermind the abduction, he has effectively turned kidnapping into a potent political weapon. Dimaporo formally denied any involvement in the kidnapping. However, he was quick to control the negotiations. First, he let it be known that he probably would have to be personally involved to guarantee the safety of the victims. Then, he made sure that his political rivals – Saidamen Pangarungan and Princess Tarhata Lucman – are not able to get credit or political mileage from the crisis. As noted by Bentley, the ageing warlord first announced that Fr. De Gigord would be released on June 21. However, because Lucman prepared a public relations plan -- welcoming ceremonies for the priest at the MSU campus – Dimaporo announced a delay for the release, at the 13 last minute. Dimaporo then moved the press conference to his residence in Binidayan on the evening of the 24th, but delayed it anew for the next morning to wait for more media to arrive. Fr. de Gigord was formally handed over by his kidnappers to Dimaporo on the 25th. The next day, Dimaporo’s photos were all over the newspapers, hailed as the hero who saved the priest (ibid., p.272). Bentley documented a revealing quote from Dimaporo when asked by the media about his suspected involvement: “I asked the military to investigate. Now that the military believes I have nothing to do with it, it could be some of my men, it could be rebels, it could be anybody. But I cannot deny that it could be some of my men for reasons I do not know.” (ibid., p.272) Dimaporo, the quintessential warlord when he was in control, turned into the quintessential kidnapping negotiator when he was ousted. Dimaporo’s power was also projected, as he was able to force the kidnappers – who initially demanded a ransom of PhP 300,000 ($15,000) – to back down on their demands. It appeared that no ransom was paid. Princess Tarhata Lucman, though sidelined and outsmarted by Dimaporo on the de Gigord kidnapping, played a much more prominent role in the negotiations for the release of the 10 Carmelite nuns and Protestant missionary Brian Lawrence less than a week after they were abducted. Other suspects were named for possible involvement in the kidnappings. Journalist Ceres P. Doyo attributes the kidnapping of the nuns to a ‘lost command’ of the Moro National Liberation Front15. But an Associated Press news report quoted military officials as saying that the kidnappers were led by a disgruntled former government employee, who just wanted his job back16. The warring Maranao political clans eventually fought each other in the May 1987 elections. Dimaporo was elected representative in Lanao del Sur’s second district, and Princess Tarhata Lucman elected as provincial governor. But this did little to settle the volatile and murky politics of the region. Just before the elections, on 5 May 1987, five local and two Swiss Red Cross workers were kidnapped in Marawi. All were released by May 26.17On 8 July 1987, two female employees of the Department of Social Services were kidnapped, and released unharmed five days later. On 22 July, two MSU High School teachers were snatched in a daring raid during a flag-raising ceremony right in the middle of the campus – a clear challenge to the authority of MSU President Jun Alonto, whose office was overlooking the plaza. (Bentley, 1995) On 7 August, 16 people – 13 students, 2 teachers and one university staff – riding on public transport on their way to Iligan City were kidnapped right after they left the campus. The kidnappers and victims were eventually located on Balt Island, near the home of Dimaporo. The 15 See Doyo’s reflections posted on the blog http://bangortobobbio.blogspot.com/2009/11/reflections-onkidnappings-past-and.html 16 See http://www.apnewsarchive.com/1986/American-Missionary-Released-Unharmed-After-Six-Days-InCaptivity/id-175e095407c071d6fe9f7357d52863d4 . It should be noted that the Mindanao State University is the largest employer in the Lanao provinces, and is therefore the most important source of patronage for politicians. A change in its leadership structure often means substantial changes too in its staffing, particularly of administrative workers, as new officials bring with them new staff and fire old ones loyal to the previous officials. 17 See the ICRC report on http://www.loc.gov/rr/frd/Military_Law/pdf/RC_Jul-Aug-1987.pdf pp. 27-28 14 initial ransom demanded was PhP 500,000 – this was raised to PhP 62.5 million along with a political demand and direct challenge to Jun Alonto – his removal from office at the MSU. Dimaporo was asked by the victim’s relatives to negotiate, and especially because one of the kidnappers was identified as a leader of the ‘Barracudas’, Dimaporo’s de facto private army. Dimaporo reportedly refused to help, unless the governor Princess Tarhata Lucman appealed to him directly. The princess categorically refused to make the appeal, and her son eventually led the negotiations, securing the release of the captives on 17 August. Almost immediately, another student was kidnapped at Dansalan Junior College. The wife of the manager of the National Power Corporation in Iligan City was also kidnapped. (Bentley, 1995b: p.51) Bentley provides another important observation on these kidnappings: “Payment of ransom is never publicly acknowledged in Lanao kidnappings, though the amount paid in each case is usually known. That amount can be viewed as a rough measure of the effective political power of the officials forced to pay (as well as the value of the hostages), for in the case of the kidnapped students, professors, social service workers and so forth, it is usually the responsible office holders who pay the price of maintaining peace and order. The greater the official’s power, the lower the ransom paid.” The Alonto family is believed to have paid PhP150,000 to PhP300,000 for the release of the MSU captives, a sum regarded as high. This means that the Alonto-Lucman clan came to be perceived as weak, in contrast to Dimaporo who negotiated the release of Fr. De Gigord without a ransom being paid. Dimaporo was widely regarded as a corrupt and despotic warlord, yet he commanded widespread respect as a supremely efficient leader. The political uncertainty brought by his ouster appears to have created unintended consequences – a spate of kidnappings that demonstrated its value as a tool for raising money and embarrassing political opponents. Dimaporo died in 2003, but not before leaving his children and other relatives control over his vast resources, arsenal and political influence. The combination of an on-going Moro rebellion and continued fighting between the Maranao elite has created what appears as a low-intensity, protracted political crisis that opened up the space for kidnappers to do their trade. After his release 25 June 1986 after 21 days in captivity, Fr. Michel de Gigord took a three week rest in France, and went back straight to the MSU. Recalling those events, he said, “there was no question for me to stop my work there (at the MSU), all the more so because I had continuously told the Christians not to be led by fear, and to stand up for their rights, notwithstanding the danger of doing so.” The priest was also convinced that “the work of reconciliation between Christians and Muslims was all the more important considering that there was still so much violence in the air.” Fr Michel de Gigord was kidnapped for a second time on 30 December 1989, along with his niece who was visiting him. Again, the reason, as he explained it himself, was mainly political. “It was election time,” he wrote, “and to discredit the incumbent mayor, his opponent (name withheld), had me kidnapped in full day time right in the centre of Marawi City.” “To prove he was an efficient 15 man,” this opponent thereafter, “had me released together with my niece the following day.” It appears that other aspiring politicos learned a lesson or two from Dimaporo18. Twenty-five years after these incidents in Marawi, the central government is still struggling to develop a comprehensive strategy for dealing with kidnappings. The lack of a consistent and systematic government approach is just one of the many problems that make it difficult to analyse the kidnapping phenomenon in Mindanao. The reporting and monitoring of kidnapping incidents have been patchy, and the overall policy response fragmented, based mainly it seems on shortterm political expediency rather than on any long-term and comprehensive analysis of the problem. In a sense, the 1986 Marawi incidents set the precedents that explain why a methodical strategy versus kidnappings never developed. To begin with, no systematic debriefings of the victims were ever made. There was confusion on who were actually involved – their exact numbers were never established; neither did the identities of individual perpetrators become definite. There was even greater uncertainty on their loyalties and allegiances. Some were reported as relatives of ousted politicos, while others were tagged as elements of ‘lost commands’ of the rebel Moro National Liberation Front (MNLF). Still, others were described simply as ‘disgruntled former government employees’ who just wanted their jobs back. Hence, investigations were never completed, and the obvious masterminds were never pursued. As soon as media interest waned, so did the official action on the matter. In other words, it is predatory local bosses and strongmen who emerge as the first set of instigators of kidnappings in Mindanao. Yet whether deliberately or not, the government then as it is now does not see the scheming and manuevering local bosses as part of the problem, and even almost always rely on them as part of the solution as appointed negotiators for kidnap crises. Summary of Marawi and Dimaporo Case Study Case study: Marawi City – Ali Dimaporo invents a political weapon Category of kidnapper A classic example of a boss whose power is derivative and predatory. Motive(s) Mainly political, i.e. to challenge the new central government and its local allies. Description of victim Priests, nuns, teachers and students. It should be noted though that the priests and nuns were taken not because they were Christian but because they were visible symbols Violence used No victims physically harmed; most were released after less than a month in captivity 18 The MSU chaplain became on of the main promoters of a Christian-Muslim dialogue for the whole of Mindanao, and remained for two years more in Marawi “to show that I was not afraid because with the Maranao people, courage is a top value.” However, he was forced to move to Iligan because of attempts on his life. He remained in Iligan, also as university chaplain for another nine years. In June 2001, by personal choice, he returned to France. He is now his bishop’s representative for the dialogue with Muslims. “It seems,” he says, “that I will be in this field until the end of my life.” 16 Links and alliances Triggers of heightened kidnapping activity Approach to negotiation Allied to police and military who cannot attack, arrest or prosecute because of these links. Military is a major supplier of firearms. Has own private army, whose members have nominal or active links with the MNLF. Elections; power transitions Manuevered to be the response manager himself. CASE STUDY 2: Cotabato City (1989 to 2002) – The ‘corporate venture’ of the Pentagon group This case study looks at a group who as Moro secessionist rebels had active roles in the frontlines of battle, and were therefore specialists in violence rather than political activists. As they became increasingly idled by a changing political climate where their specialisation was less needed and where they had to increasingly fend for themselves, they drifted into criminal activity. They soon discovered ‘proper’ targets for extraction – the Filipino-Chinese community—that for them mitigated their criminal acts. They set off to be the ‘social bandits’ engaged in the ‘ancient politics of Robin Hood’. As already alluded to, most of the incidents of the first wave of kidnappings during the Aquino regime were in Mindanao, not in Manila. Even the kidnapping of Filipino-Chinese businessmen, a particularly significant trend, “were reported not in Manila, but in Central Mindanao, specifically in Cotabato City”. (Hau, 2000: p.225, quoting Teresita Ang See in the Manila Chronicle, 19 November 1995). By late 1989, the Filipino-Chinese community newspaper Tulay started reporting systematically on kidnapping cases, providing a ‘kidnap watch’, a count of cases and progress of investigations, and occasional reports on cases not reported to the police. It was Abogado Bago19, the Moro rebel known as Kumander Mubarak, who is blamed by the police and intelligence community for starting the kidnapping trend in Central Mindanao that started in 1989. Mubarak is associated with a combat unit of the Moro National Liberation Front (MNLF) called the National Security Command (NASCOM), which operated in Central Mindanao. The Army commander of the 35th Infantry Battalion in 1989, writing later in a blog of his memoirs, said that the NASCOM had a force of about 300 men and maintained a camp in the vicinity of Mt. Vitan and Igabay, near Buldon20. One of Bago’s key assets was good communications with local politicians and the security services. In January 1990 after a local peace negotiating committee was ambushed in Buldon, Bago was the first to inform the Army commander that his men were not involved, and that he had already 19 In some news reports, his name is given as Abogado Gado Salilaguia (Manila Standard, 8 December 1992). From “Memories of Buldon” in Ang Sisidlan, a blog by Dodong Pagantihon in http://yuehmegami.multiply.com/journal/item/21?&show_interstitial=1&u=%2Fjournal%2Fitem 20 17 retreated to Calanogas in Lanao del Sur to avoid a confrontation with Army forces sent to capture the ambushers. He further assured the Army commander that no rebel troops from the Lanao areas will be sent to reinforce other rebel groups in Buldon. Bago’s messages, said the Army commander, were brought to him by Sampiano Ogka, then the mayor of Balabagan in Lanao del Sur. (Pagantihon blog) Bago appears to have been avoiding a confrontation with government troops as he was already consolidating the infrastructure for his kidnapping operations. He needed to be able to move quickly around the area, and be constantly informed of how military and police forces were moving. Hence, the connections he built with local officials proved particularly indispensable. For the next three years, Bago was to prey on mostly Filipino-Chinese businessmen in central Mindanao. His goal was solely the collection of ransom money – there is no evidence of Bago making political demands – such as the release of captured comrades or the pull out of Army troops – in any of his kidnapping operations. By the time he was killed in Marine-led raid on his hideout in Pantukan, Davao del Norte on December 7, 1992, Bago is believed to have organised 89 cases of kidnappings of wealthy ChineseFilipinos – or roughly more than two kidnapping operations each month. For these cases, he is thought to have raked in over P130 million in ransom payments, or an average of P1.46 million for each kidnapping case (Philippine Star, 16 November 2001).21 The fact that the operation to get Bago needed fresh troops of Philippine Marines is a story in itself. In March 1991, then Armed Forces Chief of Staff Rodolfo Biazon, who was in the post for only three months, confirmed widespread suspicions that some soldiers and policemen were actively colluding with a “Commander Mubarak” and his group in kidnapping Filipino-Chinese businessmen in Cotabato City. The kidnappings prompted Senator Mamintal Tamano to call for a Senate investigation because it has already seriously affected trade and economic life in the city. (Manila Standard, 22 March 1991) At that time, the military still did not know Mubarak’s real name. Biazon disclosed that at least one Army captain and three policemen have been placed under ‘preventive custody’, and that charges will be filed against them based on evidence collected from intelligence gathering. Biazon further said that other soldiers and policemen were suspected of involvement. However, because evidence against them was weak, they have just been reassigned to other jurisdictions to ‘neutralise them’. The intelligence reports, continued Biazon, identified at least 30 more members of Bago’s group who were based in the outskirts of Cotabato City, and in Matanog and Kabuntalan. (Manila Standard, 22 March 1991) The reassignment of suspected soldiers and policemen simply seems to have simply spread the rot. In November 1992, nine officers of the Army’s Intelligence Security Group (ISG) based in Fort Bonifacio were arrested for kidnapping of the wife of a Filipino-Chinese businessman in Sariaya, 21 Journalist John Unson of the Philippine Star is based in Cotabato City and has tracked the career of the Pentagon group members. He filed various reports on Abogado Bago over the years, revising and updating his information as he was able to gather and consolidate more. His 16 November 2001 report quoted here is the latest of these reports. http://www.philstar.com/Article.aspx?articleId=140277&publicationSubCategoryId=67 18 Quezon, who paid a ransom of PhP 7 million (Manila Standard,17 November 1992) 22. Earlier in October 1992, members of the Galicia group lead by an ex-Air Force sergeant, an active duty Parañaque policeman, and an ex-Navy man were similarly arrested in Tanauan, Batangas. (Manila Standard, 13 October 1992). The momentum of the operation to get Bago quickened towards the end of 1992. With the redeployment of Marine battalions in Central Mindanao, a manhunt codenamed ‘Operation Barefoot’ was launched by the military on 25 September (Manila Standard, 5 December 1992). On November 28, the 29th Military Intelligence Company engaged a group of Bago’s men in a firefight in a raid in Kabuntalan, Bago’s birthplace (Manila Standard, 1 December 1992). But Bago was hiding elsewhere – in the house of one his wives in Barangay Matiao, Pantukan, Davao del Norte. He was 29 when he was killed. (Manila Standard, 8 December 1992). In a May 17, 1991 interview by Carolyn Arguillas, then Maguindanao representative Michael Mastura sarcastically called the spate of kidnappings as a “corporate venture, requiring no application with the Securities and Exchange Commission” that, he continued, “is even tax-free”23. He alluded that various actors – including politicians, policemen, and the military – can be ‘incorporators’ in this venture. Powerful individuals who see the profitability of the venture, he continues, can easily muscle in to ‘buy stocks’ or try to be part of the enterprise, for example as ‘negosyo-tors’ (mediators or negotiators) who would jack up a P500,000 ransom demand from kidnappers to P5 million, and then pocket the difference24. (Arguillas, 1991) But most importantly, Mastura in the same interview warned that while the ‘chief operators’ of these ‘ventures’, such as Abogado Bago, would come out to be known and identified, most of the ‘incorporators’ and ‘stock owners’ behind the scenes would remain unknown – a problem more difficult to deal with. Mastura’s view was supported by both Norodin Matalam, then the governor of Maguindanao province, and by Colonel Herminio Limon, head of an inter-agency anti-kidnapping task force formed to respond to the spate of kidnappings. Matalam said that Bago was wellconnected with politicians. He told reporters, for example, that Bago was the chief security of an assemblyman in the defunct autonomous regional assembly. Limon provided more specific details of police and military involvement in the kidnappings, saying that they acted as lookouts and provided security during abductions25. Limon’s superior, then Major General Gumersindo Yap of the Southern Command, provided subsequent information that 19 elements from the police and five from the Army were taken under protective custody for their involvement in kidnappings26. 22 The nine Army men were identified by Task Force Habagat chief Panfilo Lacson as Master Sgt. Danilo More, Technical Sgt. Fernando Bengusta Jr., and Staff Sgts. Guillermo Umbao, Danilo Cerdeña, Oscar Crisostomo, Ernesto Bileta, Baltazar Ranoa, Camilo Dana and Romeo Dionson. 23 Source: http://news.google.com/newspapers?nid=1370&dat=19910517&id=c6AVAAAAIBAJ&sjid=AgsEAAAAIBAJ&pg=61 51,2576663 24 The term ‘negosyo-tors’ is a play on the words negosyo (business) and negotiator, and implies a negotiator who is actually out to make money or earn a commission, rather than facilitate the speedy release of hostages. 25 The military is strategically positioned in high ground around Cotabato City, and therefore hold numerous vantage points from which they can observe traffic flow on the highways. 26 Note that Arguillas further reported that Yap and Limon were however bawled out by then Armed Forces Chief Rodolfo Biazon for disclosing police and military involvement to the press ‘prematurely’ and not clearing it with 19 Limon further added that both the MNLF and MILF supported Mubarak, a charge which the two groups subsequently denied. (ibid.) Limon disclosed further details about Bago. Bago was said to be in Kota Kinabalu in Malaysia in 1982 as a contract worker, but then fled as the only survivor in a shootout following a bank robbery that his group perpetrated. He became a member of NASCOM, which Limon described as an elite combat unit that took orders directly from MNLF chair Nur Misuari. In 1988-89, Bago was linked to the group of MNLF commander George Awal, and then later on with the group of MILF commander Sammy Tilaka. (ibid.). More details about Bago emerged after his death. A report said that he started his kidnapping activities after his group killed a young army officer and seven of his men in an encounter. Now armed with high-powered armalite rifles he seized from the slain army men, Bago launched his first kidnapping -- victimising Lu Ela, a Filipino-Chinese trader in Cotabato City, whose family paid PhP 2 million for his release. (Manila Standard, 8 December 1992). Mastura’s metaphor of kidnappings as a ‘corporate venture’ with unseen ‘incorporators and stock owners’ was prescient, in the sense that the arrest or killing of the ‘chief operator’ Kumander Mubarak in December 1992 did little to stem the tide of kidnappings. It appears that Bago had by then already laid down the infrastructure and social networks that would enable his ‘corporate venture’ to thrive. A handful of his associates and followers – Faisal Marohombsar, Alonto Tahir, Mayangkang Saguile, Musa Ali and Samad Pandita (all former MNLF men) – soon came up to continue the venture. They broke up into different groups that would later come to be collectively known as the Pentagon group, and wreak havoc for the next decade. This time though, the key group leader who emerged, Faisal Marohombsar, went further to rebrand the ‘corporate venture’. In radio interviews and according to a former mayor in central Mindanao, Marohombsar explicitly wanted to be known as a new Robin Hood, and took pains to make sure the media gets the message that he was not anti-poor and that government neglect was to blame for his emergence and continued predation as a kidnapper. Marohombsar’s entry into the scene demonstrated that the kidnapping problem was as much political as it was criminal. Marohombsar called himself ‘Mubarak II (the second)’, clearly indicating from where he drew inspiration. His mother was from Kabuntalan in Maguindanao, the same town where Abogado Bago came from, and to whom he is believed to be related. His father is from the Marohombsar clan, one of the noble families settled around Lake Lanao. His father was born in Ganasi, a hinterland town in the second district of Lanao del Sur. (Philippine Star, 26 August 2002) Marohombsar left the MNLF in the early 1980s and surrendered to the government to avail of the benefits of the rebel-returnee programme. But he soon became frustrated by broken promises of government support and unimplemented livelihood projects to rehabilitate ex-combatants back into the economic mainstream. He further claimed that some of his followers continued to be hunted by government forces, or forced to be informants for government operations (Santos, et him. Biazon then ordered a separate investigation into the Army and policemen mentioned by Yap. However, Biazon retired even before he can get the investigations going. 20 al., 2000: p. 394). He consequently drifted back to the MNLF, this time to the NASCOM under Abogado Bago. When Bago started his kidnapping spree, Marohombsar acted as the group’s chief strategist, plotting the kidnappings from 1990 to 1992 (Philippine Star, 26 August 2002). When Bago was killed in 1992, it was easy for Marohombsar to claim the throne, and name himself successor to the original Mubarak. Marohombsar quickly became known as the new ‘Robin Hood’ in southern Lanao where he gave away big parts of his loot. Muslim preachers in Malabang, for example, confirmed that he paid for the repair of mosques, and provided food and other forms of support to the poor communities surrounding his hideouts. According to one of his followers, this was one of the reasons why it became difficult for authorities to catch him. “None other than the civilians themselves around him gave him refuge and protection,” observed Moctar, once a follower of Marohombsar, in an interview by John Unson. (Philippine Star, 26 August 2002) This role as a modern day Robin Hood proved critical. The ransom money he collected easily made Marohombsar better resourced than most local governments in the region. His ‘contributions’ – like the livestock he gave to people for raising – went a long way to reinvigorate economic activity in small, neglected and nearly invisible villages. Abusive landlords or traders were given warnings. Furthermore, his presence alone provided security to these villages – other bandits, predatory politicians or abusive government forces will think twice before preying on a village known to be protected by a powerful and notorious figure. Villagers bringing their harvests to sell in the town and city centres, for example, gained leverage in negotiating their way through checkpoints. The petty crooks who manned those checkpoints to extort from common folk avoided having to mess up with the dreaded Pentagon group and set themselves up as open targets. Marohombsar was described “a witty and ambitious man, who always looked forward to becoming popular”. (Philippine Star, 26 August 2002, and information supplied by a former Maguindanao mayor) Through the 1990s, the government filed charges in court against Marohombsar and his men and put up substantial rewards for their capture. Below are some of his men identified in ‘wanted’ lists published by the DILG from 1993 to 1998, along with the rewards offered: Ibrahim Cabugatan, aka Brix – P350,000 reward offered Saydale Caya, aka Saydie – P350,000 reward offered Dimasira Dimnatang, aka Kumander Dimas – P350,000 reward offered Macalubi Pendatun, aka Piping – P350,000 reward offered Omar Marohombsar, aka Rolly – P350,000 reward offered Gani Saligan – P350,000 reward offered Marohombsar was to continue his kidnapping career much longer than Bago. He survived the various Task Forces set up under the Ramos administration to hunt him down27. By 2001, he has 27 Ramos’ PACC operated mainly in Metro Manila. In Mindanao, anti-kidnapping operations were still handled by the military and the police, through task forces with names such as Task Force Kutawato or Task Force Tugis. Some of these task forces faced serious problems of coordination, especially from civilian authorities given the 21 expanded his operations to Manila. He was arrested in Quiapo in February 2002, and identified himself as a police asset with safe conduct passes given by then PNP Chief Leandro Mendoza and Interior Secretary Jose Lina. Both Lina and Mendoza had a difficult time disproving Marohombsar’s claim. Four months later, he escaped by walking out of his cell and taking a commercial flight back to Mindanao28. In August 2002, he was back in Manila and killed in Cavite by a small army of three anti-crime units from the police and the military. (Rimban, 2003) Another important kidnap group leader to emerge was Alonto Tahir. It should be noted that ‘Alonto’ is his first name, not his surname. Alonto Tahir is often mistaken to be a member of the Alonto clan of Lanao, an upper class Maranao family. He is actually a Maguindanao surnamed Tahir, and was born in Barangay Cudal in Pagalungan, the strategic town in the Liguasan Marsh where various rivers converge, which is also the birthplace of former MILF chief Hashim Salamat. Tahir is believed to be a member of the Salamat clan (a nephew of the MILF chief). (Philippine Star, 16 August 2004). Tahir, who also goes by the name of Tigre, is a battle-tested guerrilla, and is easily identifiable from the numerous scars he suffered from fighting. The role he played for the Pentagon group is said to be indispensable, as he controlled a big force of men home grown in the Liguasan Marsh, a strategic sanctuary to both the MILF and kidnap groups. Tahir was the lord of the marsh who provided safe haven to escaping rebels and bandits, as well as hideouts for keeping hostages. He appears to have led in kidnapping operations himself in the Koronadal Valley and the areas south of the Liguasan Marsh, and was identified as responsible for kidnappings in the General Santos City and Davao del Sur areas29. (Philippine Star, 29 November 2000) The former Central Mindanao Police Director Bartolome Baluyut described Tahir as an indispensable asset to the MILF, because he generates the much-needed financial support through kidnap-for-ransom and other criminal activities. Tahir is thought to have organised at least 10 kidnappings himself in the mid-90s. In 1999 however, his kidnapping of Vicente Cavalida, Eduardo Cavalida, Cheryl Pagales, Rose Suares and Richard Cerelles in Digos City led to his arrest, after his location was tipped off to pursuing army troops (ibid.). During the rescue, hostages Suares and Cerelles were killed by Tahir and his men. Charges were eventually filed by the surviving victims through state prosecutor Stewart Mariano. Mariano won his case at the Quezon City Regional Trial Court, where the case was transferred due to prevailing atmosphere of mistrust. Some local officials, including a former central Mindanao mayor, hesitated to join these task forces for fear of being linked to who could be the real kidnapping masterminds. 28 The PCIJ reported in 2003 that the best time for ‘big-time’ criminals to ‘escape’ from jail is during shake-ups within the PNP (see http://pcij.org/imag/PublicEye/jailbreaks.html). Marohombsar casually walked out of the National Anti-Kidnapping Task Force's maximum security detention cell in Camp Crame on June 19, 2002, a few days before Hermogenes Ebdane was to leave his post as deputy PNP director and NAKTAF chief and take over from PNP Director General Leandro Mendoza, who had been named secretary of transportation. Apparently, said other sources in Camp Crame, there had been tensions between Mendoza and Ebdane, and Marohombsar’s escape was ‘allowed’ as a way of embarrassing the incoming PNP chief. 29 Information on this was also gathered from Supreme Court resolution G.R. 177139. See http://www.chanrobles.com/scresolutions/2011marchresolutions.php?id=101 22 security conditions in Cotabato City. In 2003, the court meted the death penalty on Tahir and his co-accused30. The penalty, however, could not be imposed as Tahir had by then already bolted the Sarangani provincial jail where he was detained, along with 65 other inmates, including 20 of his men. Police say that rebel guerrillas from the MILF, reportedly led by Tahir’s wife, used rocket propelled grenades to destroy prison walls to spring the prisoners from jail on 7 November 2000. Guards as well as inmates were killed in the daring rescue. Tahir is thought to have retreated back to his hideouts in the Liguasan Marsh, and was quickly back in business. On 28 November 2000, Jesse Santiago, the high school son of bank executive Florante Santiago, was kidnapped on his way to school at the Notre Dame Marbel for boys. A ransom note written by Tigre was delivered to the elder Santiago. The boy was however abandoned, after Army troops closed in on the group’s hideout in Polomolok. (Philippine Star, 29 Nov 2000). Among those who escaped with Tahir from the Sarangani provincial jail was Abdul Basit Usman, a wanted militant said to have with the Abu Sofia and Al-Khobar groups31. The military describes Usman as having trained the MILF and other groups in bomb-making. In a press report, MILF spokesman Eid Kabalu said Usman was a Maguindanao born in Ampatuan town. Usman, however, was never a member of the MILF but had a brother, Ustadz Mohiden, who belonged to the religious committee of the MILF. (The Muslim Observer, quoting Philippine Daily Inquirer Reports, 28 Jan 2010). The celebrated escape and association with Usman, who appears on international terrorists lists, brought Tahir himself in the wanted lists of the US government. Usman indeed had international connections. In January 2010, he was reported killed in a US drone attack in Waziristan, the mountainous tribal region in Pakistan. (ibid.) Like Marohombsar, Tahir played the role of Robin Hood. “He has that tradition of sharing with the community where he hides whatever he earns from his kidnapping activities. That practice made him difficult to find in areas where he has supporters,” said an unnamed mayor in Maguindanao in a 2004 interview. (Unson, Philippine Star, 16 Aug 2004). The Pentagon group appears to have regrouped in April 2001, when Tahir, Marohombsar, Raul Ingad, Ibrahim Sagandal alias Jun Sarat, and Datu Udasan met in Digos City to discuss higher profile operations, such as the kidnapping of Italian priest Guiseppe Pierantone in Zamboanga, and including an expansion into Manila. Marohombsar and the other men were captured one after the other in Manila in early 2002. Marohombsar would escape, but was dead by August 2002. Tahir is thought to have taken over the Pentagon group from thereon. In 2004, after his conviction and because of a $1-million bounty put on his head by the US government, the military launched an operation to capture Tahir. His lair was pinpointed and an aerial bombardment followed. The military initially claimed he was killed, along with 17 followers. 30 The source of this information is the blog Spotlight on a Fellow Atenean by Jose Angelo Delos Trinos. According to Santos, et.al (2000), Abu Sofia and Al-Khobar are separate and distinct groups operating in central Mindanao. Abu Sofia has links with both MILF and Abu Sayyaf. Al-Khobar is into extortion, with the bombing of passenger buses as its ‘signature’ armed action. See p. 400-401 of Primed and Purposeful. http://www.humansecuritygateway.com/documents/SAS_ArmedGroups_HumanSecurityEfforts_Philippines.pdf 31 23 In 2005, three policemen who were said to be negotiating for the surrender of Tahir were killed. The authorities were never able to lay their hands on Tahir again. In September 2011, his relatives informed the military that he had passed away, due to complications brought by diabetes. He was said to have been buried in Sultan sa Barongis, protected to the very end by the community he embedded himself in. (source) Aside from Tahir, Samad Pandita was another key kidnapping figure in Central Mindanao. Pandita was also known as Sammy Tilaka, a notorious figure who moved along the fringes of the MILF to take advantage of money-making opportunities. For example in March 2003 as serious fighting raged between the Army and MILF troops in the Buliok complex around Pikit and Pagalungan towns, resulting in what the Army claimed of up to 200 rebel casualties, Pandita was busy distributing extortion letters to businessmen in General Santos City, demanding P15,000 each32. The extortion letters came from the “Pentagon Allied Group Top-40 Special Bombing Operations”, and signed by ‘Commander Sammy Tilaka’. It assured the businessmen of their firms’ safety if they paid the amount, which Tilaka said they needed urgently. Another group that Pandita created was called the “Dangerous 8”. Pandita carried a P1 million bounty on his head. (Manila Bulletin, 13 March 2003) A key associate of Pandita is Mayangkang Saguile, who also carried a P1-million bounty. Also known as Borongos, Saguile operated in Cotabato City and in areas west of the Liguasan Marsh, where his kidnapping activities brought him into conflict with local warlords such as the Sinsuats of Upi who wanted to protect business in their turf. Saguile is known to have cultivated ties with the MILF, providing cover to some MILF operations, such as the takeover of Talayan municipality in January 2000. Saguile has also been reported by the intelligence community to have ties with Muslimin Sema, a Maguindanao politician who is head of the MNLF Executive Committee of 15, and mayor of Cotabato City from 1998 to 2007. Both Pandita and Saguile remain at large. In May 2002, because of the increasing embarrassment of being associated with KFR groups, the MILF agreed to the creation of the Ad Hoc Joint Action Group or AHJAG, a mechanism for joint operation or coordination of the MILF and the military and police “to help isolate or interdict KFR gangs” (Manila Bulletin, 30 April 2011). Dismissing the KFR groups as ‘lost commands’ who were no longer under MILF control became insufficient, in light of the numerous links group members have with the MILF mass base. However, both sides remain wary of the arrangement. The MILF does not want AHJAG as a tool to weaken their presence in areas they claim to control. On the other hand, government peace negotiators are wary about the MILF starting to have policing functions and increasingly become de facto state authorities. The government emphasizes coordination, and has asked the MILF not to do police work unilaterally. Summary Case study: Cotabato City (1989 to 2002) – The Pentagon group and their corporate venture 32 The heavy fighting in Buliok resulted from an attempt of the MILF to take control of the two-storey house of Hashim Salamat, which was taken over by the 7th Marine Battalion Landing Team in fighting the previous month. 24 Category of kidnapper Motive(s) Description of victim Violence used Links and alliances Triggers of heightened kidnapping activity Approach to negotiation Social bandit when they started, but arguably became more criminal as they became successful. Mainly financial. Main victims were Filipino-Chinese businessmen. Later in their careers, they started targeting upper class settlers in Mindanao. Most victims were not physically harmed, although some died in the crossfire or were executed as government forces attempted a rescue. Active collusion with police, military and local officials. Disowned by rebel leaderships, although ‘allowed’ to melt in rebel-held areas and not betrayed by rebel forces. Military or rebel offensives. Prolonged ceasefires. Media savvy negotiators. CASE STUDY 3: Basilan Island (1993 to 2001) - Lost Commands and the Abu Sayyaf Gang In this case study, we argue that the Abu Sayyaf needs to be distinguished from ‘lost commands’, and could be more appropriately referred to, not as a rebel or terrorist grouping, but as a ‘gang’ primarily engaged in a complex criminal enterprise rather than a political project. To differentiate lost commands from gangs, we present here a comparison of the group of Julhani Jillang, a lost command, with the Abu Sayyaf gang. ‘Lost command’ and ‘gang’ are two concepts invariably applied to kidnap groups that need to be clarified. In the Philippines, writes Ugarte, “a ‘lost command’ is commonly understood to be a grouping within the AFP, MNLF or MILF that unties itself from its parent organisation and, bereft of an institutional mooring and ideological compass, drifts into criminal activities such as extortion and kidnapping” (Ugarte, 2009b: p.306). A ‘gang’, on the other hand, is less properly defined, even though the term is widely used in the media, the intelligence industry, and academia, as it is widely acknowledged that there is a proliferation of gangs in the country. The broadest definition that seems implicit in common use is that a ‘gang’ is a group involved in some illicit activity. It is not known, however, when a group, like a lost command, becomes a gang. Most of the reports and references used in this paper, for example, refer to Marohombsar’s group as the Pentagon Gang, but then refers to a Basilan-based group as the ASG or Abu Sayyaf Group33. What explains the difference – isn’t the Pentagon an armed group too, while the Abu Sayyaf can be referred to as a gang instead in its broad sense? What makes an armed group a group and a gang a gang? Does a 33 Even in the book Primed and Purposeful, for example, Pentagon is consistently referred to as a ‘gang’, and Abu Sayyaf as a ‘group’. No explanation is provided on what ‘gang’ means or why it is not applied to the Abu Sayyaf. 25 lost command increasingly become a gang the further it is untied to its parent organisation and the more it engages in criminal activity? The idea of a ‘lost command’ seems to have been invented so that the ‘parent organisations’ can distance themselves away from, or ‘wash their hands’ of the criminal activity undertaken by the ‘splinter’, ‘breakaway’, or ‘lawless’ group that they do not anymore ‘control’. But then could it be that ‘lost commands’ were actually ‘gangs’ in the first place, incorporated into the parent organisation ‘to give them a purpose’, who then just naturally broke away and went back to their usual trade when achieving that purpose became doubtful? For the purposes of this paper, we provide some preliminary definitions and differentiation. Firstly, we will categorise ‘lost commands’ as primarily (not totally) social bandits because: a) they have been involved, as previous components of parent organisations, in the promotion and articulation of Moro and peasant interests; b) they will tend not to obstruct or deviate concerted Moro and peasant actions; c) they can still perform roles in transforming any organisational capacity among Moros and peasants into a politically effective force. Secondly, we make the case that gangs are mainly about and for themselves. They are not part of larger movements; they consistently differentiate themselves from these movements; and are mainly located in the interstices of these movements. Gangs will not promote or articulate wider interests, they will promote their own. They will obstruct or deviate concerted action, unless they can capture the leadership. They are more interested in building their own capacity, not transforming anyone else into a politicallyeffective force. In this sense, therefore, gangs constitute the instigators of kidnappings that we have earlier called the villains or criminal entrepreneurs. In 1992 and early 1993, before the Abu Sayyaf Gang consolidated in Basilan Island34, a group of about 30 MNLF rebels led by Julhani Jillang staged a series of kidnappings that captured wide media attention. Jillang was at this time unknown and not named in the news report. These kidnappings appear to have been timed during politically-charged and tense periods before and after elections. Filipino-Chinese businessman Ramon Sua Jr was kidnapped on 15 May 1992, four days after the national and local elections. Dr Nilo Barandino and his family were kidnapped on 27 November 1992, just as the campaign for the elections to the Autonomous Region of Muslim Mindanao went underway35. Spanish priest Fr. Bernardo Blanco was kidnapped on 18 March 1993, a week before the ARMM elections. (Ugarte, 2009b: p.304). There were other kidnappings at around these dates, but as of this writing, it hasn’t been confirmed if Jillang’s group was responsible. On 22 October 1992, and American Franciscan missionary, Brother Gerald Fraszczak, 55, was kidnapped and was threatened to be killed unless a ransom of PhP 5 million is paid (Manila Standard, 28 December 1992). On March 10, 1993, a week before Fr. Blanco’s kidnapped, Luis Biel Sr, his grandson 4-year old Luis Anthony Biel, and their driver were kidnapped. The elder Biel and the driver was released after the elections, after paying a 34 The Abu Sayyaf, according to various sources (including Ugarte and Torres Jr.) were already present in Basilan but appears only as one of many armed groups, and has not yet projected itself. 35 Isabela City, which is the capital of Basilan, is not part of the ARMM. But so is Cotabato City, the main population centre in Maguindanao, but ironically hosts the ARMM offices. 26 ransom of PhP 1 million, while the boy was held for two more months in return for a ransom of PhP 4 million. (Manila Standard, 12 May 1993). Because of the ransoms involved, the abductions were ostensibly for the purpose of raising money, but victim Dr. Nilo Barandino believes it was also about settling a score – he suspects that a mayor at that time contracted the abduction after Barandino refused to sell his farm to that mayor36. The Suas are also known to have been involved in land disputes in Lamitan. These incidents were the predecessors to the mass kidnapping on June 8, 1994, when Jillang’s gang who were by then lumped together and called ‘Abu Sayyaf’ by the military, abducted 73 civilians including Fr. Cirilo Nacorda, then a newly-ordained Catholic priest. It is important to attribute these 1992 to 1994 Basilan kidnappings not to the ‘Abu Sayyaf’ but to Jillang’s group. Jillang and his men were considered a ‘lost command’ of the MNLF, composed of active and semi-active guerrillas, not the young Muslim students from Basilan who called themselves the al-Harakatul Islamia. But even the tag of ‘lost command’ can be challenged. Ugarte, who interviewed Barandino and Blanco, noted that during those kidnappings, Jillang’s group “did not seem ‘lost’ at all”. It was clearly in touch “and working in tandem with senior MNLF commanders”. Furthermore, Barandino “was contacted by phone and in person at the Jillang band’s hideout by a succession of MNLF commanders and their armed retainers for a variety of reasons”37. (Ugarte, 2009b: p.306). What is now known as the ‘Abu Sayyaf’ was at that time still a fledgling group whose original members included the founder and ideologue Abdurajak Janjalani; his brother Hector; Edwin Angeles or Yusuf Ibrahim (later discovered to be a military asset); and Wahab Akbar, who later broke away ostensibly because he was not chosen as leader of the group and was then elected as governor of Basilan province in 1998. The lack of knowledge and confusion over this group is manifested in no less than the tag that stuck to it – ‘Abu Sayyaf’. The name of the group was AlHarakatul Islamia, and ‘Abu Sayyaf’ was actually the nom de guerre of Abdurajak Janjalani, the group’s founded and chief ideologue (Torres, 2001: p.33)38. Jillang and his men came to be allied with and at the same time heavily influenced by the group that came to be known as ‘Abu Sayyaf’; but to call Jillang’s group simply as ‘Abu Sayyaf’ is to confuse the genealogy of these groups. Ugarte presented a most important argument that is necessary to understand, not only why ‘lost commands’ emerge, but more importantly, how they project their power. His key argument is that the links and alliances of these ‘lost commands’ are their sources of strength. In other words, the tangled web of connections that they build and develop is the key to understanding their resilience and the logic of their actions. 36 See an account on Barandino in the report: http://www.atimes.com/atimes/Southeast_Asia/GA12Ae02.html The reasons were documented in detail. A Commander Abugao requested Barandino to provide an M-14 and a baby armalite. A Commander Bolon came to discuss and secure Barandino’s release. An Ustadz Munie B. Jamili said Barandino and his family would be freed if he could show proof of having contributed financially to the MNLF. 38 This account is taken mainly from the interview Ahmad Sampang (a nom de guerre), an original member of the al-Harakatul Islamia who was interviewed by Jose Torres Jr for his book Into the Mountain: Hostaged by the Abu Sayyaf, Claretian Publications, 2001. 37 27 Jillang’s group, in this sense, are not ‘lonely wolves’ that can be quickly dispatched. Firstly, even if they are considered a ‘lost command’, they maintain nominal links with the MNLF at the same time that they nurtured links with the radical students of al-Harakatul Islamia. They may all squabble with each other over turf and control of sources of support, but the bottom line is that they all unite, come together, and fight as one should any one of them come under attack from their common enemy - government troops. Jillang’s group is not only linked to the other rebel groups, they are also well-connected with local politicians. Nilo Barandino is convinced that the mayor whose displeasure he had incurred contracted Jillang to abduct Barandino and family. Another kidnap victim, Cirilo Nacorda, is convinced that a local politician who has since retired was responsible for selling firearms to these groups, in exchange for the protection of his logging interests in Basilan. Furthermore, Nacorda believes that the business of illegal logging forged a partnership between the Marines and the various ‘lost commands’ including the young firebrands that by 1994 started to be called in the media as the ‘Abu Sayyaf’. This led local Church leaders to demand the pull-out of the Marine contingent in Basilan in 1994 (Vitug and Gloria, 2000: 218). Ugarte observes that the alliances and connections that Jillang and his group has built are not surprising – they reflect and are similar to the alliances and networks that are the building blocks of political power in the Philippine archipelago and elsewhere in insular Southeast Asia. Such alliances are, historically, the distinguishing characteristic of political formations. Power is built and preserved by having such links and connections. In this regard, kidnap and other bandit groups should not be seen as ‘lonely wolves’ preying on communities. Rather, they are better understood as well-connected political entrepreneurs in tangled webs of inter-relations that have so far received little scrutiny. This pattern of inter-connectedness can be seen as well with the other kidnap groups. The core of the Abu Sayyaf, despite its militant rhetoric and connections with global terrorist networks, have not escaped being regarded as a ‘special projects’ infiltrated by military spies (source). Some relatives of Faisal Marohombsar suspect him of being a government agent too, because of vital information being passed on to the police and military, leading to the deaths of his followers in alleged shootouts, including seven of his Maranaw hatchet men. There are stories too of how Marohombsar allowed himself to be used by other relatives to terrorise voters during elections. One such story is about a relative who gave him a customised .45 caliber pistol as a gift, after helping deliver the much-needed votes in the 1998 local elections that brought that relative to power. A report to police headquarters prepared in February 2002 by then Central Mindanao Police Director Bartolome Baluyut claimed that the kidnap groups were supposed to operate in obscurity and appear detached from the MILF, but were in fact created by the rebel organisation for fundraising and tactical reasons. Baluyut alleged that the Pentagon group was created as the military and then President Joseph Estrada prepared an all out war against the MILF in 1998. He said it was initially called Al Hassad, and had about 100 men recruited mainly from Mubarak’s original kidnap 28 group. He further claimed that some Pentagon leaders received training from the MILF. (Philippine Star, 18 February 2002) Jillang was eventually captured, largely due to Barandino’s personal campaign to exact revenge. Nilo Barandino paid a huge personal price. Aside from the abduction of his family and the rape of his wife, a son was murdered in 1999. Barandino doggedly tracked his abductors, carefully keeping files on the individuals he hunted. Eight of his abductors have since went missing. In September 2000, Zamboanga City Regional Trial Court judge Carlito Eisma sentenced Julhani Jillang and two of his followers who were captured to life imprisonment. In Barandino’s files, he recorded a total of 183 victims kidnapped by the ‘Abu Sayyaf’ from 1992 to 200139. Perhaps the most critical reason why a comprehensive policy and strategy against kidnapping has not emerged in the Philippines, despite it being the ‘kidnap capital of Asia’, is that the government is muddled and inconsistent in its understanding of the problem. This is best illustrated by its description and statements towards the Abu Sayyaf over the years which contradict each other. Ugarte calls this “the wilderness of mirrors’. Ugarte has painstakingly showed what is wrong with the government’s understanding of the Abu Sayyaf. For example, he points out that from June 2007 to June 2008, government and media reports portrayed the ‘Abu Sayyaf’ as a loose assortment of two-bit bandit gangs, whose command and control structure have been destroyed by the arrest and killing of its top leaders. Their numbers were down, they have been pushed back deeper into the jungles of Sulu and Basilan, were not connected to international terrorist organisations, and were at their weakest in terms of funding and support. Back in 2001, Presidential Spokesman Rigoberto Tiglao, citing intelligence reports, said that while Al-Qaeda may have funded the Abu Sayyaf in the early 1990s, there had been “no bin Laden links since 1995” because the “bin Laden people thought the Abu Sayyaf were too ignorant or too mercenary to join a terrorist organisation”. The Abu Sayyaf therefore, predicted Palace and security officials, was on its way to being destroyed permanently. (Ugarte, 2009a: p.383 and 395) Yet from June 2008 to January 2009, this assessment of the Abu Sayyaf made a 180-degree turn in government assessments. Government intelligence and media reports depicted the Abu Sayyaf as a powerful and sophisticated Islamist terrorist group. It had a radical agenda, maintained ties to international terrorist organisations, and had substantial funds of over PhP1.4 billion accumulated from illicit activities from 1992 to 2007. It was largely portrayed as a single organisation with a harmonised and large membership base capable of planning, funding, coordinating and executing a wide array or criminal plots across the length of the Philippines, including Metro Manila. It was flagged as a menace to society. (ibid., p.384) Ugarte wonders about the sheer scale and recurrence of these “contradictions, inaccurate forecasts, and meaningless reassurances which has happened for at least 15 years”. He also asked why none of the official sources who predicted the impending demise of the Abu Sayyaf were never questioned or ever held to account for their false predictions. And most importantly, among 39 Source: http://www.atimes.com/atimes/Southeast_Asia/GA12Ae02.html 29 others, he asked why there was general silence among government officials and security agencies over the involvement of regional and local powerbrokers in the kinds of illicit activities habitually ascribed to the Abu Sayyaf. As already stated earlier in this paper, the 1992 to 1994 kidnappings in Basilan should not be attributed to the radical students of the al-Harakatul Islamia (the core of what has come to be known as the ‘Abu Sayyaf’) but to the lost command of Julhani Jillang. The kidnappings that can be fully attributed to this inner core of militants appear to be those that started in 2000-2001. But then, even some of these kidnappings could not be described as a single and organised operation put up by an organisation with a distinct command structure. It was more like a mob coming together in a riot, a hybrid association of different groups who coalesced for that particular operation, and then disbanded on its conclusion. The case of 17 convicted men over the June 2, 2001 kidnapping in Lamitan, as discussed in a Supreme Court decision GR 186523, gives us this insight40. Court records show that in the early morning of June 2, 2001, a group 30 of armed men led Abu Sabaya and Khadafy Janjalani arrived in Lamitan, along with the hostages they have taken from the Dos Palmas Resort in Palawan six days earlier on May 27. They headed towards the Jose Torres Memorial Hospital, apparently to link up with the group of 60 armed men led by Abu Umran who arrived earlier in Lamitan. But the two groups were not able to meet, as fighting soon erupted. Fighting ensued between Sabaya’s group and the military in the vicinity of the hospital. A group of civilian volunteers led by a retired Colonel Baet, who was killed in the encounter, also engaged the groups of kidnappers in a firefight. By the evening of June 2, however, Sabaya’s group slipped through the hospital despite heavy firing, taking with them more hostages – at least three nurses and hospital’s accountant. By June 3, Sabaya and Janjalani’s group arrived in Sinagkapan, Tuburan and linked up with another armed group identified as led by Abu Ben. The next day, they were joined by Hamsiraji Sali with 60 other men. On June 12, Abu Sabaya told the hostages that American captive Guillermo Sobero had been beheaded. Up to 10 more captives were beheaded. By the third week of July, the various bandit groups that had ‘coalesced’ were able to get in contact again with Abu Umran (known real name is Sattar Yacup). New hostages were added, taken from the Golden Harvest plantation by Hamsiraji Sali and Isnilun Hapilon. One of the nurses who was taken was 23-year old Reina Malonzo. She was separated from the other hostages on October 1, and taken by Abu Arabi to Zamboanga City. By this time, she had undergone a transformation, and had become the lover of Khadafy Janjalani41. On October 13, after a firefight between his captors and government troops, Joel Guillo (the hospital accountant) and three other hostages would escape. Later, nurse Sheila Tabuñag and two other hostages from Dos 40 See http://sc.judiciary.gov.ph/jurisprudence/2011/june2011/186523.htm . Note not all that the names of the 17 as listed in the DoJ Annual Report for 2006, is consistent with the 17 names listed in the Supreme Court decision. 41 Reina Malonzo becoming a lover of Khadafy Jajalani was not mentioned in the Supreme Court account but was reported here - http://www.nytimes.com/2002/01/13/world/nation-challenged-philippines-muslim-separatiststerrorize-filipinos-with.html?pagewanted=all&src=pm 30 Palmas were released after paying a ransom. On November 1, Malonzo herself was released, on orders of Khadafy Janjalani. The third nurse taken hostage, Edilborah Yap, died at the hands of her captors months later, on 7 June 2002, in Siraway, Zamboanga del Norte, after a shootout between her captors and the military. Subsequently, 17 men identified as ‘Abu Sayyaf bandits’ were captured42. They were charged, eventually convicted and meted the death penalty. They appealed their convictions. Some of the 17 told the court that they were forced to become ‘Abu Sayyaf’ members out of fear for their lives and their relatives. The defence also argued that four of the seventeen were minors when the kidnapping took place. Two of those who claimed they were minors at the time of the abduction, also told the court that they were deep penetration agents of the military. The Supreme Court, however, upheld the convictions, saying that the testimonies of the victims were superior evidence, and that the defence of alibi put up by most of them was weak and unavailing. Indeed, the 17 men were participants in the kidnapping, as they were positively identified by the hostages as their guards during captivity. However, what remains doubtful is if they were Abu Sayyaf militants, or just plain bandits taking part to earn their keep. Note that before they were arrested, the government did not even know these men. The original criminal cases filed in court were against “Khadaffy Janjalani, Aldam Tilao alias ‘Abu Sabaya’, et.al., and many other John Does, Peter Does,” as stated in the title of the case. The 17 men have not been linked before to either Janjalani or Tilao, or any of the group leaders identified as participants in the June 2 kidnapping – i.e. Abu Umran, Abu Ben, Hamsiraji Sali and Isnilon Hapilon. The point being made here is that the Abu Sayyaf needs to be demystified. The first step is for the government, especially the various security agencies tasked to hunt kidnappers, to make up its mind on how to regard the ‘Abu Sayyaf’. What is now known as the Abu Sayyaf should be differentiated from the various armed groups and lost commands in Basilan, Sulu and the Zamboanga peninsula. Once that is done, the Abu Sayyaf, despite its fiery rhetoric, emerges mainly as a gang of dangerous criminal entrepreneurs. Summary Case study: Basilan Island (1993 to 2001) - Lost Commands and the Abu Sayyaf Gang Category of kidnapper Jillang’s group fits more as social bandit; the Abu Sayyaf gang are more criminal entrepreneurs. Motive(s) Mainly financial for Jillang. Initially political for Abu Sayyaf, but later become financial. Description of victim Mostly ordinary and middle class folk – teachers, nurses, students, priests. Violence used Extremely violent. Many victims executed, some through 42 It is not clear from the court decision if the 17 were captured all in one place – Siraway, or if they were captured in different locations. This point needs further research. 31 Links and alliances Triggers of heightened kidnapping activity Approach to negotiation beheadings – ostensibly to deliver a message of toughness. Active collusion with police, military and local officials. Disowned by rebel leaderships, although ‘allowed’ to melt in rebel-held areas and not betrayed by rebel forces. Elections. Military or rebel offensives. Prolonged ceasefires. Media savvy negotiators. Conclusion: Predatory bandits, villains and bosses in a predatory state Why has there been a particularly high concentration of KFR incidents in central and western Mindanao, and what explains its seeming ebb and flow kidnapping in the southern Philippines since 1986? Based on our case studies, we can say that there has been a high concentration of cases in western and central Mindanao because there are three groups of kidnappers that are more firmly embedded in this region. These are: local political bosses and strongmen who are retaliating or jostling against enemies, including the central state, or simply engaging in ‘primitive accumulation’; non-state armed groups using kidnappings as political weapons while raising money, or vice versa, and then often going on to take the mantle of ‘social bandit’; and, opportunistic criminal entrepreneurs, including corrupt police and security officials, out to make quick money given the example of the first two groups, and to take advantage of the disorder and instability created by the unresolved and protracted political crisis in the region. The periods of heightened activity, on the other hand, can be explained by prevailing local conditions of contest and violence. 32 References: Books and Journals Amaral, A.E. (2007). On the Palms of My Hands: Ghosts of the Forgotten, Echoes of the Crusades in the Philippines. AuthorHouse UK Ltd.: Milton Keynes. 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The Road to Peace and Reconciliation: Muslim Perspective on the Mindanao Conflict. AIM Policy Center: Makati, Philippines. Santos, Soliman M. Jr, et.al. (2000). Primed and Purposeful: Armed Groups and Human Security Efforts in the Philippines. South-South Network for Non-State Armed Group Engagement, Quezon City, and Small Arms Survey, Geneva. http://www.smallarmssurvey.org/fileadmin/docs/DBook-series/book-12-Philippines/SAS-Armed-Groups-Human-Security-Efforts-Philippines.pdf 33 Shaw, Brent D. (1984). “Bandits in the Roman Empire” in Past and Present, No. 105, pp. 3-52. Oxford University Press. Sidel, John T. (1999). Capital, Coercion and Crime: Bossism in the Philippines. Stanford University Press: California. Torres, Jose Jr. (2001). Into the Mountain: Hostaged by the Abu Sayyaf. Claretian Publications: Quezon City. Ugarte, Eduardo F. and Mark MacDonald Turner (September 2011). “What is the ‘Abu Sayyaf’? How Labels Shape Reality in The Pacific Review, Vol. 24, No. 4. London: Routledge Ugarte, Eduardo F. (November 2008). “The Phenomenon of Kidnapping in the Southern Philippines: An Overview”. South East Asia Research, Vol. 16, No. 3. IP Publishing Ugarte, Eduardo F. (2009a). “In a wilderness of mirrors: the use and abuse of the ‘Abu Sayyaf’ label in the Philippines” in South East Asia Research, Vol. 18, No. 3. IP Publishing Ugarte, Eduardo F. (2009b). “The ‘Lost Command’ of Julhani Jillang: An Alliance from the Southwestern Philippines” in Studies of Conflict and Terrorism, No. 32: 303-321. Routledge: London Warren, James Francis (2007). The Sulu Zone, 1768-1898: The Dynamics of External Trade, Slavery, and Ethnicity in the Transformation of a Southeast Asian Maritime State. Second edition (First edition published 1981). National University of Singapore Press: Singapore. Online news clippings (chronologically listed – links to websites are in the text of this paper) United Press International, “Church seeks release of missionary, nuns”, 14 July 1986 United Press International, “Aquino won’t pay Muslims to release missionary, nuns”, 15 July 1986 Associated Press, “Kidnappers free 10 nuns unharmed in the Philippines,” by Eileen Guerrero, 17 July 1986. Associated Press, “American missionary released unharmed after six days in captivity,” by Miguel Suarez, 18 July 1986 Manila Standard, “Aquino orders to go after Marawi hostage killers,” by Marichu A Villanueva and the Associated Press, 2 November 1989 Associated Press, “Mindanao power construction halted,” by Eileen Guerrero, 10 November 1989 Manila Standard, “Two Muslim bandits slain,” 9 December 1990 Manila Standard, “Lawmen linked to kidnap-for-ransom gang” by Fel V. Maragay, 22 March 1991 34 Manila Standard, “Strong evidence against Galicia gang – PACC” by Fel V. Maragay and Marichu Villanueva, 13 October 1992. Manila Standard, “Nine Army spy men nabbed for kidnap” by Fel V. Maragay, 17 November 1992. Manila Standard, “12 members of Mubarak gang wounded in heavy firefight,” by Romie Evangelista, 1 December 1992 Manila Standard, “Military closing in on Mubarak”, by Fel V. Maragay, 5 December 1992 Manila Standard, “Mubarak shot dead” by Romie Evangelista and Merlinda Manalo, 8 December 1992. Manila Standard, “Military vows to free kidnapped US missionary,” 28 December 1992. Manila Standard, “Muslim kidnappers free boy”, by Robert G. Burgos, 12 May 1993. Philippine Star, “Unconfirmed reports say: P5-million wanted for Pelaez son” by Roel Pareno, 29 November 2000. Philippine Star, 13 July 2001. “Dureza offers government aid to Sino exec’s abductors,” by John Unson and Edith Regalado. (accessed online 16 Sept 2011). Philippine Star, 8 November 2001. “Key leader of Pentagon kidnap-for-ransom gang captured,” by John Unson. (accessed online 16 Sept 2011). Philippine Star, 16 November 2001. “MNLF leader started kidnaps in Mindanao,” by John Unson (Accessed online, 16 Sept 2011) Philippine Star, 14 January 2002. “Mindanao kidnap ring bosses named,” by Edith Regalado (Accessed online 16 Sept 2011). Philippine Star, 15 February 2002 Philippine Star, 26 August 2002. “Marohombsar: Robin Hood, Government Agent?” by John Unson. (accessed 13 Sept 2009). Philippine Star, 2 September 2002. “Pentagon active despite Faisal slay,” by John Unson (accessed online 13 Sept 2009). Today, 30 January 2003. “Soldiers foil bus robbery, arson,” by Bong Garcia (accessed online 13 September 2011). Manila Bulletion. “Buliok fighting,” 23 March 2003 Philippine Star, 21 March 2004. “4 Sayyaf men fall” by Roel Pareño. (access online 13 September 2011). Asia Times Online, 12 January 2005. “The Doctor’s Album (Part 1 of series ‘Tribulation Islands’),” by Marco Z. Garrido. (accessed online 12 Dec 2011) 35 Manila Times, 13 January 2010. “Kidnap rise in Mindanao Police fault” by William B. Depasupil (accessed 20 February 2012). Philippine News Agency, 22 July 2010. “PNP releases update of 20 most wanted kidnappers.” (accessed online 14 September 2011). Philippine Star, 17 October 2010. “Cotabato City Tsinoys hit lack of protection from kidnap gangs,” by John Unson. (accessed online 16 Sept 2011). Philippine News Agency, 30 April 2011. “Anti-Crime Group Back,” by Ali G. Macabalang. (accessed 16 September 2011). Journal Online, 5 June 2011. “Right hand man nabbed,” by Alfredo Dalizon. (accessed 23 September 2011). GMA News Online, 28 October 2011. “Banditry may undo 2001 ceasefire with MILF – AFP” by Kimberly Jane Tan. (accessed 28 October 2011). Online reports Arguillas, Carolyn (17 May 1991). “Kidnapping as CorporateVenture,” (second of four parts) in Philippine Center for Investigative Journalism. Coronel, Sheila S. (Jan-Mar 2003). “Criminals, Inc.” in Public Eye, Vol. IX, No.1. Philippine Center for Investigative Journalism: Quezon City. (http://pcij.org/imag/PublicEye/criminals.html ) Torres, Jose Jr. (Jan-Mar 2003). “The Making of a Mindanao Mafia” in Public Eye, Vol. IX, No.1. Philippine Center for Investigative Journalism: Quezon City. (http://pcij.org/imag/PublicEye/kuratong2.html) Development Consultants Inc (2009). “Kidnapping: Its Effect on Local Politics and Economy, ” discussion held on 28 February 2009, with guest speakers Mayor Muslimin Sema of Cotabato City and Lt. Colonel Taharudin Ampatuan, Spokesperson of the 603rd Brigade, 6th Infantry Division, Armed Forces of the Philippines. http://www.devconngo.org/index2.php?option=com_content&do_pdf=1&id=55 Government documents including court decisions Department of Justice (2002). Accomplishment for the First 18 Months of the Arroyo Administration. PDF file, 37 pages, downloaded from http://www.doj.gov.ph/?page=3&ID2=5&ID3=0 _____ (2003). Year 2003 Accomplishment Report. PDF File, 11 pages. _____ (2004). 2004 Accomplishment Report. PDF File, 19 pages. 36 _____ (2005). 2005 Annual Report. PDF File, 16 pages. _____ (2006). 2006 Annual Report. PDF File, 25 pages. _____ (2007). Annual Report – CY 2007. PDF File, 35 pages. _____ (2008). Annual Report – CY 2008. PDF File, 30 pages. _____ (2009). 2009 Department of Justice Annual Report. PDF File, 32 pages. Regional Trial Court of Zamboanga Sibugay, Criminal Case 3265, 11 January 2006 – Warrant of Arrest Issued for Awalon Kamlon, et. al, by Judge Reubin Lo. Maraon. PDF File, 1 page. Supreme Court (First Division), G.R. Nos. 100901-08, July 16, 1998 – People vs. Kulais, Falcasantos, Kamlon, et. al. This case covers the criminal cases in connection with the 12 December 1988 kidnapping of eight employees of the Zamboanga City government who were kidnapped while out inspecting projects of the city government. The victims were Felix Rosario, Monico Saavedra, Virginia San Agustin-Gara, Calixto Francisco, Jessica Calunod, Armando Bacarro, Edilberto Perez and Allan Basa. Supreme Court (Second Division), G.R. No. 186523, June 22, 2011 – Automatic review of lower court decision on charges filed versus involving 17 named Abu Sayyaf members, including Aldam Tilao and Khadafy Janjalani, and “many other John Does, Peter Does, and Richard Does”, relating to the kidnapping and killing of some hostages taken from the Jose Torres Memorial Hospital in Lamitan, Basilan on 2 June 2001. Letters/ correspondences and personal blogs Correspondence with Fr. Michel de Gigord (kidnap victim in 1986 and 1989 in Marawi City) – personal email to Eric Gutierrez, 17 February 2012. Correspondence with a former central Mindanao mayor (anonymity requested) Correspondence with a former PNP official based in Camp Crame (anonymity requested) Dodong Pagantihon (commander of the Army 35th Infantry Battalion in 1989, based in Maguindanao) – “Memories of Buldon” in Ang Sisidlan. http://yuehmegami.multiply.com/journal/item/21 Spotlight on a fellow Atenean – Atty. Stewart Allan Mariano – blog by Angelo delos Trinos 37