Philippine Government and Muslim Secessionist Group Make a Deal
On the day celebrated each year by Christians as the feast of La Naval commemorating the Battle of Lepanto in October 7th 1571, when a Christian Armada supposedly stopped the spread of Islam, a Joint Communiqué by the sovereign government of predominantly Christian Philippines and the secessionist Moro Islamic Liberation Front was signed in Malaysia saying to all who cared to know that they will now cease fighting at last.
More than a quarter of a million people had perished in the land-sea-and-air war between the two sides the past two decades and millions more had been dislocated from farm and schools and towns with hectares of land gone fallow from neglect, and overall insecurity and fear the atmosphere governing ordinary life.
The October 7th Communiqué was a great announcement: the Philippines would remain sovereign and intact while Bangsa Moro would be allowed to flourish in autonomy within the territorial limits of the Philippines.
Unlike in 1571, this time on October 7th 2012 both sides felt all had won. Sovereignty and Secession now hoped to achieve Peace and Prosperity with the prospects of an expanded and probably more authentic Bangsamoro autonomy. Hope does spring eternal.
The hopeful included not only the Philippine government and the MILF but also ASEAN and the trilateral powers of North America, Europe and Japan, who could now justify to their stockholders why they should invest billions of dollars in energy at the Liguasan Marsh, say, and in off shore oil.
“Peace dividends” are sometimes what they call such prospective investments. And in secular language, without a Peace Pact, there is no Peace. Not even when there has been no heavy fighting for quite awhile. But with a piece of paper called an Agreement, even without real peace as yet investors get bullish on mineral-rich territory. And to most of them there is no question as to how rich Muslim Mindanao is and how important to the Sea Lanes of Communication that carry trillions of dollars worth of freight yearly.
Should the hoopla turn out to be a dud three years from now the Bangsamoro people would be quite ready to do holy war all over again – for sure – and their new group already has a name: the Bangsamoro Islamic Freedom Fighters (BIFF). So it has been for hundreds of years past. Will real change come about now?
Framework Signing
The last three-year lap of this long march to an institutionalized peace starts on 15th October with ceremonies at Malacanan. For the first time in his life, MILF Chairman Al Hadj Murad will enter the presidential palace. The Framework Agreement that he will sign with President Benigno S. Aquino III in the presence of Malaysian Prime Minister Datuk Seri Najib Tun Razak is actually merely the foundation for a more detailed implementation of the peace agreement.
Under this Framework Agreement, a new political entity will ultimately replace the current Autonomous Region in Muslim Mindanao (ARMM) and will be named “Bangsamoro,” a word close to the heart of the MILF and the earlier MNLF (the Nur Misuari-led Moro National Liberation Front).
Following this Framework Agreement, the President will issue an Executive Order (EO) creating the Transition Commission whose main task will be to recommend a draft bill to Congress creating the Bangsamoro. It is accepted that to be lasting, these changes should not be made by mere presidential fiat but only by legislative action. Congress will then deliberate on the Bangsamoro Basic law, and who knows how fast or how long that will take – depending, most say, on the same presidential will that could do the unthinkable like impeaching the highest magistrate of the judicial branch. Nowadays one underestimates that will at great risk to his or her judgment.
Needless to say but important to underscore in any case: until the Congress has passed the basic law or – which is the same thing – a new version of the organic act, the present ARMM (the very limited Autonomous Region in Muslim Mindanao) will continue to exist and operate. The Transition Commission will best spend time on the ground feeling the pulse and understanding the minds of the people in the proposed Bangsamoro Territory.
Meantime the President of this predominantly Christian country has shown more good will to the Islamic element of society by declaring October 26 as a regular holiday all over the country in observance of Eidul Adha or Feast of Sacrifice, one of the two greatest feasts of Islam.
Some Significant Sentences in the Framework Agreement
The Parties define Bangsamoro identity. [1]
Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro. Indigenous peoples can freely choose to embrace or reject the identity of Bangsamoro. Either way their choice shall be respected. [Does this look like racial identification? Would not mere current permanent residency status in the territorial limits of the new nation within suffice for Bangsamoro identity?]
The Core Territory of the Bangsamoro shall include:[2]
(a)The present geographical area of the ARMM; (b) twelve new municipalities – the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.
Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite
Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain and the atmospheric space above it. Governance shall be as agreed upon by the parties in this agreement and in the sections on wealth and power sharing.
Vested Property Rights[3]
Vested property rights shall be recognized and respected. [N.B. The predecessor MOA-AD had this too but many Mindanao politicians chose to defy Malacanan then. Now they cannot afford not to follow PNoy.] With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually.
Revenue Generation and Wealth Sharing[4]
Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy.
The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.
The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives.
The government of the Bangsamoro shall have a ministerial form [within the current presidential form of government, the new federal state shall be parliamentary in form].[5]
The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws.
The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes:[6]
a) The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts; b) Measures to improve the workings of local civil courts, when necessary; and c) Alternative dispute resolution systems.
The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.
Decommissioning Program:
The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.
In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro. And erstwhile MILF fighters may now become members of the Bangsamoro police force – a civilian security force. http://opapp.gov.ph/sites/default/files/GPH-MILF%20Framework%20Agreement.pdf finis