Mindanao! Bansang Moro of Bangsamoros

By: Arjay L. Balinbin

Many innocent civilians die due to the continuous counterattacks between the Philippine government armed forces and Moro Islamic Liberation Front (MILF). Many are asking why must have to kill lives and destroy millions of properties in pursuing the peace process.

Mindanao, the land of promise is now subject for partition in response to the MILF’s claim for their ancestral land in the name of peace with the Philippine government.

Many are asking these questions:

What is really the MOA all about and many of the lives of our
Mindanaoan brothers are being sacrificed?
Why should we say “yes” or a big “no” for the plebiscite on this MOA?
Is it all about peace process or war?
Is it all about Charter Change?
Is it a sign for Marshall Law?
Is it constitutional?
What is all the FUSS?

MOA- the flaring issue

In a summary of the Philippine government and the Moro Islamic Liberation Front (MILF) Memorandum of Agreement (MOA) on ancestral domain taken from abs-cbnNEWS.com/Newsbreak, the Philippine government agrees to recognize the Bangsamoro people as distinct from the rest of the national communities with distinct territory and government and is to be conceded with an international recognition.

The Bangsamoro people refer to "those who are natives of Mindanao and its adjacent islands including Palawan and Sulu archipelago at the time of colonization and their descendants whether mixed or full native blood. Spouses and descendants, including the Lumads are also classified as Bangsamoros.

"They are the ‘First Nation’ with defined territory and with a system of government having entered into treaties of amity and commerce with foreign nations,” said Camilo Miguel Montesa, policy adviser of the Institute for Autonomy and Governance (IAG).

Under the MOA, the Bangsamoro territory comprises of present Autonomous Region of Muslim Mindanao (ARMM); municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan, and Tangkal in the province of Lanao del Norte; and additional geographic areas in the provinces of Sultan Kudarat, Lanao del Norte, and North Cotabato-subject to plebiscite.

The Bangsamoro lands will encompass ancestral communal and customary lands, maritime, fluvial and alluvial domains and all the natural resources therein that have vested ancestral right which will be governed by the Bangsamoro Juridical Entity (BJE).

Montesa said the "relationship between the Philippine government and the BJE shall be associative characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions."

The BJE’s purpose is to "establish a system of governance suitable and acceptable to them as a distinct dominant people." (abs-cbnNEWS.com/Newsbreak)
Constitutional or NOT?

“Nothing was proven to be unconstitutional. We were compliant with the instructions of the President to follow the constitution,” said Hermogenes Esperon, PGMA’s peace adviser.

According to the Primer on GRP-MILF Memorandum of Agreement (MOA) on the Ancestral Domain (AD), the 1987 Philippine Constitution was not discussed, reserved, or even mentioned in the said document.

It is said that the GRP-MILF MOA is unconstitutional, non-transparent, and treacherous as it seeks to give away portions of the country’s territory through a flawed process.

The GRP-MILF MOA does not have a definite recognition of the constitutionally provided process. It is seen to create a new state- “a state within a state” as former Congressman Hilario De Pedro III emphasized during his talk in a symposium held at the Notre Dame of Marbel University last August 22.

“It’s just a piece of paper. There’s nothing to worry about,” Fr. Joaquin Bernas S.J., dean emeritus of the Ateneo Law School. Bernas said the MOA “doesn’t mean anything” until the Congress acted on it and a plebiscite was held. “Any change in the ARMM (Autonomous Region in Muslim Mindanao) or territory has to go through Congress and a plebiscite,” he further added.

It is also mentioned in the primer of GRP-MILF MOA AD that “it was created with treachery and without proper consultation with affected persons and entities, especially the local government officials.”

“…the MOA has deprived the people of its right to information and to participate in the decision-making process. This is a blatant violation of the constitutional rights of the people,” Erico Fabian, Zamboanga representative and company stated during their protest against the signing of GRP-MILF deal.

Makati Rep. states that the agreement will take effect only after it becomes legal, meaning after the constitution is amended. If the constitution will not be amended, the agreement will just be a useless piece of paper,” Gonzales said.

Teodoro Locsin Jr. affirmed that the signing of the MOA would be a “voluntary dismemberment of the republic.”

“…constitutional amendments and remedial legislation are not required for the agreement to take effect,” Locsin added. But Senior Deputy Majority Leader Neptali Gonzalez III of Mandaluyong disagreed.

“As I understand it, there is a clause in the agreement which On the issue that the GRP-MILF MOA surrenders the country’s exclusive right to exploit and control the lands of the public domain and natural resources in favor of the MILF, through the Bangsamoro Juridical Entity (BJE), Press Secretary Jesus Dureza explained that while the MOA sought to grant the proposed BJE the powers to exploit all natural resources in its area, the deal called for a 75-25 percent sharing of the proceeds, with the government getting the lesser share.

Dureza denied that the BJE would become an independent Islamic state with the right to raise a security force ostensibly led by the 12,000 MILF fighters.

“We will see there is no cause to be threatened. It’s not only for MILF, it’s for whole communities in Mindanao,” Secretary Dureza said.(Philippine Daily Inquirer)

“There is nothing to fear about the GRP-MILF Memorandum of Agreement on Ancestal Domain (MOA- AD),” said MILF Chairman Murad during his press conference last August 26.

“Apparently, there is some kind of fear among the people. But this unfounded and should be eradicated. If we take close look to the Autonomous Region in Muslim Mindanao (ARMM), despite the fact that it is not the genuine and JUST REALIZATION of the Bangsamoro’s freedom and right to self-determination, there are so many non-Muslim areas included in its territory but none of them have had any complaint of maltreatment and injustices committed by the autonomous government by any way,” Murad further added.

Chairman Murad asserted that “the BJE is not an MILF entity. It’s not only for the MILF but for all the people. But certainly the MILF shall play a lead role in shaping the structures, organizations, and instrumentalities of the BJE during its formation stage. We shall establish the political structure/ set-up and the system of governance that is well-founded, fair, transparent, accountable, just and sustainable.” (www.luwaran.com)

At the same day, Press Sec. Jesus Dureza confirmed the government’s plan to institute federalism.

“An opportunity should be given to the whole country to avail of the reform effects of federalism. The sentiment of many people there is to give local officials more authority in order to perform better. And the federal set-up is the way forward to this,” Dureza said.

Cha-Cha- the hidden agenda?

There was a presumption that the issue on GRP-MILF MOA AD will lead to Charter Change since it is a requirement for the said deal for its implementation. The state within a state is only applicable in federal government. Thus, there is a need for constitutional change.

“We advocate federalism as a way to ensure long-lasting peace in Mindanao,” Pres Gloria Macapagal Arroyo told visiting Swiss Pres. Pascal Couchepin last August 11.

“Recent political developments and Palace maneuvers demonstrate that Pres. Arroyo is still bent on pushing the Charter Change to remain in power beyond 2010,” said Anakpawis Rep. Rafael Mariano.

A House resolution for convening a Con-ass for a federal shift has been filed by Cebu Rep. Antonio Cuenco. “There is no term extension here,” he said.

House Speaker Prospero Nograles denied that the House was trying to extend Pres. Arroyo’s term. “(Term extension is) not in our radar.”

More than 80 lawmakers crossed party lines to sign a resolution condemning the MOA. The resolution said that a document “as important as the MOA… could only be drafted and agreed (upon) if the terms of the same are negotiated under the democratic requirements of absolute transparency and full consultation involving all stakeholders.”

“The planned revision of the Constitution should be stopped by any means if it was meant to accommodate the MOA,” said Makati Rep. Teodoro Locsin. “No amount of Charter change, however large the scale of public approval will make it right,” he added.

Locsin also stated that “Heck, if all but one Filipino were to vote to give away a part of our country so that it becomes a separate country…God damn the bastards who want to give away part of our country just to keep a grip on what remains.” (Philippine Daily Inquirer)

Deal or No Deal?
The Arroyo administration says that amending the Constitution is needed to make it possible to set up the Bangsamoro Juridical Entity (BJE) which is touted as a solution to the problem with the Moro Islamic Liberation Front (MILF).

Where should we place ourselves? Does it give us an assurance for positive change and peace in Mindanao? Is the government not being fooled by the rebel group for the realization of their demand? Or, is the government not fooling us with their treacherous way of changing the constitution for their personal interest?

To whom should we lend our trust, to the rebel group or to the Arroyo government?
Will you say “DEAL” for MOA and so with the Charter change?
What is your stand? Is it a deal or no deal?