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Saturday, March 9, 2013

United Nations' Ban meets Malaysian envoy on Sabah; HRW urges acccess to humanitarian aid, respect for rights

 (UPDATE - 10:41 a.m.) United Nations Secretary-General Ban Ki-moon met with Malaysia's representative to the world body as he continued his bid to resolve the ongoing crisis in Sabah.

This developed as Human Rights Watch urged Malaysia to "provide clear and accurate information" on the situation in Sabah and to "ensure the protection of all civilians in the area and allow humanitarian access for the provision of emergency assistance to those affected by the violence."

A statement on Ban's UN page said he told Hussein Haniff, Malaysia's permanent representative, that "efforts should be made to ensure that human rights will be respected and loss of life will be prevented" as Malaysian forces continue operations to flush out followers of the sultanate of Sulu who landed in Sabah early last month to press their claim to the territory.

"The Secretary-General noted the efforts that were made by the governments of Malaysia and Philippines to find a peaceful resolution to the situation," the statement said.

"He reiterated his hope that the situation will be resolved as soon as possible, and that efforts will continue to be made to ensure respect for human rights and to avoid further loss of life," it added.

HRW deputy director for Asia Phil Robertson also joined calls for "all parties to the conflict" to "heed the call of UN Secretary-General Ban Ki-Moon to 'act in full respect of international human rights norms and standards'."  

On Thursday, Sulu Sultan Jamalul Kiram III announced that he was ordering his followers in Sabah to observe a unilateral ceasefire.

However, Malaysian officials, led by Prime Minister Najib Abdul Razak, rejected the truce and said the only way to end to crisis was for the sultan's followers to surrender without conditions.

"We're concerned about the Malaysian government's use of the Security Offenses Special Measures Act to detain reportedly more than 50 individuals, and call on the government to either charge them with a recognizable criminal offense or release them," Robertson also said.

The operations, which have centered around Lahad Datu town, have so far claimed the lives of 52 Filipinos and eight Malaysian policemen, according to Malaysian security officials, although the sultanate has owned to only losing 10 dead, four wounded and 10 captured from the more than 200 of its followers led by the crown prince, Raja Muda Agbimuddin Kiram.

On Friday, Malaysian Armed Forces chief Gen Zulkifeli Mohd Zin said they believe Agbimuddin's group has gone into hiding to evade continuing operations to flush them out, which have included air strikes by fighter jets.

Interaksyon

Thursday, March 7, 2013

Philippines should charge Malaysia with Genocide, says” International Law expert”

Reuters/Reuters - Malaysian soldiers move into Kampung Tanduo, where troops stormed the camp of an armed Filipino group, in Lahad Datu, Sabah state, in this handout photo taken March 5, 2013. REUTERS/Malaysia's Ministry of Defence/Handout

Genocide

This is the crime that the Malaysian government has been committing when it launched an all-out attack to end the standoff in Lahud Datu in Sabah, claims an expert.

Constitutional expert Marwil Llasos said Philippines should hold Malaysia liable for the death of Tausugs, a small ethnic group from Mindanao, in their attempt to drive away Kiram's followers from Sabah.

Llasos, who is running an independent campaign for Senate under Ang Kapatiran Party, was an understudy and protégé of University of the Philippines College of Law Dean Merlin Magallona.

Llasos, also an expert on international law, issued the statement as he expressed disappointment with the way the Philippine government is handling the fluid situation in Lahud Datu.

 "If Malaysian authorities are attacking a particular tribe or a particular group like the Tausug and they do it indiscriminately, affecting those who are not part of the alleged outlaws from the members of the Royal Army of the Sultanate of Sulu, that is an international crime," Llasos said.

"They are committing genocide, which can make the Malaysian authorities liable under the international humanitarian laws," the practicing lawyer added.

The Tausugs are a minority of people living in Mindanao and Malaysia who originally came from the Sulu archipelago.

Llasos noted the Aquino administration should prioritize holding Malaysian government liable instead of looking for violations that Sulu Sultan Jamalul Kiram III's followers may have committed in sailing overseas to press their claim over the disputed territory, even without the authority from the Philippine government.

He clarified Malaysian Prime Minister Najib Razak's declaration of all-out attacks to defend its "honour and sovereignty against Sulu intruders" does not justify Malaysia's disregard against 600,000 Filipino non-combatants already living in Sabah before the security threat occurred.

Llasos criticized Malaysia for not considering the unarmed civilians who went with Kiram's brother, Raja Muda Agbimuddin, when its police launched mopping operations against at least 200 followers.

In an interview with Yahoo! Southeast Asia, Llasos also took a swipe at the Aquino government for the way it is taking care of Philippine interest at the height of Sabah issue.

Llasos expressed frustration at President Benigno "Noynoy" Aquino III's insensitivity to the cultural sentiments of Kiram's followers, which he said may blow out of proportion.

"The cue came from no less than the president when he called those people (Tausug) as outlaws. So if they are outlaws, the Malaysian authorities will consider them as criminals and will shoot them on site," he explained.

"There is no sensitivity to the Tausug psyche and culture. The way the government is handling the Sabah issue really shows the ineptness and incompetence of this administration," he noted.

The international law expert highlighted President Aquino's "ignorance" about the country's long-standing historical and legal claims on Sabah.

Related story: What ex-President Fidel Ramos thinks

Last week, President Aquino ordered the Department of Justice (DOJ) to study the Philippines' claim over the oil-rich territory in North Borneo.

The chief executive also ordered Justice Secretary Leila de Lima to probe if Kiram's followers committed violations.

"The president is clueless on most of these issues. My God! He doesn't know that as early as 1962 there was already legal study that was already conducted," Llasos said.

During the time of former President Diosdado Macapagal, recognized international law experts – former Senators Arturo Tolentino and Jovito Salonga – have studied and documented the nation's claims on Sabah.

He is also blaming the Armed Forces of the Philippines (AFP) for its failure to gather intelligence report about the planned movement from Kiram's followers, which could have prevented the Sabah standoff.

Llasos is baffled as to why the military failed to do its job in spite of gargantuan funds that go the AFP commands in Mindanao.

"That (Sabah standoff) should not have happened if there is a military intelligence from the very beginning, if the president or the government was able to detect their (Kiram's followers) move to go to sabah," he said.

"This government is clueless and who is the commander in chief of the Armed Forces. Second, there was no backdoor negotiation asking (the Malaysian government) to spare their lives," he added.

On Tuesday, a Malaysian government spokesperson said at least 27 people were killed after Malaysian soldiers launched violent operations against Kiram's followers.

Malaysia's "drastic steps" began a few hours after the ultimatum for Kiram's followers to leave Sabah expired last week.

While working as an editorial assistant at the Institute of International Legal Studies, Llasos helped publish a book entitled "The Philippines Claim over a Portion of North Borneo: Documents, Materials, and Cases" in 2003.

Yahoo News

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