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| ON THE OTHER HAND |
| Renegotiate
By Antonio C. Abaya Written on Aug. 20, 2008 For the Standard Today, August 21 issue There seems to be only one way out of the impasse created by the Memorandum of Agreement on Ancestral Domain (MOA-AD), between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), and that is, to renegotiate it. But it has to be assumed that some in the MILF would object to any renegotiation. These are the hardliners who believe that the MOA is a done deal and is already binding on the GRP, even if it has to be approved in a plebiscite, has to be backed by an enabling law from Congress, and has to wait for charter change to accommodate a federal state � which the MILF are demanding � within a larger federal union. The MILF panel contends that these legal and constitutional details are of no concern to them because, as rebels, they are not bound by the Philippine Constitution, which they specifically insisted should not be mentioned at all in the MOA, to which the GRP panel sheepishly agreed. Assuming there are still moderates among the MILF leadership who will agree to renegotiate, some basic ground rules should be agreed upon from the start. One. The venue for future "peace talks" should be in Indonesia, not in Malaysia. Malaysia is not an honest broker in these negotiations. The Malaysians do not and will never forget that President Ferdinand Marcos tried in the 1970s to organize an invasion force that was meant to invade Sabah (or North Borneo) and claim it as part of Philippine territory on behalf of the heirs of the Sultan of Sulu, who had merely leased it to the British North Borneo Co., but which in turn ceded it to the Federation of Malaysia. A Bangsamoro federal state controlled by the MILF, if it were to become a reality, would most likely declare independence from the Philippine Republic � the MILF has always been separatist � and even federate itself with Malaysia, since Malaysia has always been a much better managed country than the Philippines. It can be argued that the separatist struggle that has percolated among the Moros in the region since the 1970s was stoked by Malaysia, with the help of British intelligence, as their payback to us for Marcos' failed grab for Sabah.. Indonesia, at least, has no reason to harbor ill will against the Philippines. Furthermore it has had its own share of separatist movements and would be sympathetic to Philippine efforts to discourage the dismemberment of the Republic. Two. The GRP should negotiate only with groups that seek only greater autonomy. Groups that declare themselves separatist are really beyond negotiations because their minds are already made up and there is no point in talking to them. The GRP should talk to present separatists only if and when they are ready to scale down their demands to greater autonomy, rather than outright separatism. The GRP should also insist that all negotiations should be held within the ambit of the Philippine Constitution. If groups wish to negotiate without acknowledging the over-arching jurisdiction of the Constitution � as the GRP panel foolishly caved in to the MILF - then forget it. For once, I agree with former president Joseph Estrada: "We have only one flag, one armed forces and one nation. It is treason if you give away part of the country to the MILF." For his part, Nur Misuari, chair of the rival Moro National Liberation Front or MNLF, says that "the MOA-AD is infringing, not only on the Philippine Constitution, but also on the GRP-MNLF final peace agreement," referring to the accord signed in 1996. Misuari also said that until now he could not understand why the government negotiated with the MILF when it had already struck a deal with the MNLF, describing his group as "the official representative of the Bangsamoro People in the powerful Organization of Islamic Conference." (Philippine Daily Inquirer, Aug. 20, 2008) This is an aspect of the problem that has been overlooked. Why is the GRP negotiating with two separate (and rival) groups over the same territory. Isn't that a guarantee of future problems as the two rivals squabble and fight over concessions given to one but not to the other, or over concessions given to both at the same time? It is like a property developer leasing out or selling one and the same condo to two separate tenant-buyers. I think it is called estafa or swindle. The speed with which the GRP made concessions to the MILF, after years of stalled negotiations, and the secrecy with which these concessions were hidden from Congress, from the local government officials and from the general public, strengthen suspicions that these were lutong makaw concoctions in the Panciteria Gloria.. Add to this the uncanny coincidence of "presidential peace adviser" Hermogenes Esperon's admission that the MOA needed a charter change to federalism, and Sen. Nene Pimentel's Senate Resolution no. 10 to make that shift to federalism before the end of President Arroyo's term removes all doubts that this MOA was/is really meant to keep President Arroyo in power beyond 2010. Keep in mind that simultaneous with Sen Pimentel's push for federalism is Gov. Joey Salceda's push for parliamentarism. One does not have to be a nuclear physicist to conclude that once Pimentel's constituent assembly is convened � where the Lakas/Kampi have an overwhelming majority over other parties � there will be a motion to table discussion of parliamentary also, even if Sen. Pimentel assures us that only federalism will be discussed. Come on, Nene, you are only the designated carpenter of this Trojan Horse. You do not decide who will hide inside it. When asked by media why his resolution specifically seeks to make the ChaCha to federalism before the end of President Arroyo's term, Sen. Pimentel replied that he is afraid that if the shift to federalism were discussed after 2010, he would no longer be in the Senate � his term ends in 2010 - to push for it (and presumably to claim credit for it). I suppose even carpenters experience bouts of megalomania. .But why should the fate of the Republic hang by the thread of one woman's inordinate lust for power, and a man's drive to build a monument to himself for an idea whose soundness has no basis at all in empirical evidence. (To sell the idea that federalism will be good for the Philippines, the federalists cite the USA, Germany and Malaysia. This is false advertising. The USA has been federal since independence in 1776. Germany has been federal since unification in1871. Malaysia has been federal since independence in 1957. These countries did not shift from unitary to federal, which is what Pimentel wants us to do. (Since this debate over federalism started, I have asked Sen. Pimentel what country or countries he knows that shifted from unitary to federal and thereby improved their economies, since it is his contention that federalism "will spur economic growth." (Sen. Trojan Horse Pimentel does not deign to reply to me. But his people did. The only countries they can cite that shifted from unitary to federal, and presumably improved their economies, are: Ethiopia which did so in 1993 (now having its umpteenth famine in 15 years), and Nepal which did so in 2007 (now controlled by Maoists). All those who think that Ethiopia and Nepal are inspiring role models for the Philippines, please check your genius IQ with the Pimentel Pollyanna Psycho-Clinic. I say, renegotiate the MOA under terms and conditions more appropriate to a sovereign country with a modicum of self-respect. And postpone all discussions about ChaCha to after June 2010 � which is less than 24 months away - and only through an elected constitutional convention. Doing it through a constituent assembly, as Sen. Pimentel insists, guarantees that the trapos and political dynasts who now control Congress will wind up controlling Congress after 2010. By all standards, that would be a fate worse than death. ***** Reactions to [email protected]. More articles in www.tapatt.org and in acabaya.blogspot.com. . To subscribe, send as blank email with the subject heading Subscribe. To unsubscribe, send a blank email with the subject heading Unsubscribe. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Reactions to "Renegotiate" 'Decentralize Now!' 'MOA � a Trojan Horse' Hi Tony: Excellent analysis and proposal to renegotiate. I think there is the additional problem of the representativity of the MILF. Do they actually enjoy the support of the approximately 4.5 million Filipino Muslims, or do they only represent a small minority of them? It is not clear. The ARMM elections have not resulted in leaders that are openly close to the MILF. It would be interesting to conduct a plebiscite, or a serious independent survey, asking Filipino Muslims if they agree that the MILF represents them in the (re)negotiations with the GRP. Regards, Christian Perez, (by email), Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, Renegotiating? If ever, then after MILF is out of the game. They will never be honest in any negotiating. The more now, after they found out how easy GRP is to overthrow since GRP has also some hidden reasons for such a deal. And how anyone can give away hundred-thousands people, Muslim or Christians, to an "administration / government which negotiates with killings? Pimentel should honestly declare his reasons to push for changing the system and the Charter. Was he offered something by GMA that attracts him so much? Or is he thinking back to Cory's first times as president, when he was the real power behind her? It will never happen with GMA because she wants to be the ultimate power, not a "grey eminence" behind her. It is a fact, not an imagination, that GMA is obsessed to stay in power and even declaring that it was God's will and advice to be the President of the Philippines since no other one can do it better. So, there is no doubt that she will try to be and to remain the boss, no matter it is called President, Prime Minister, Secretary General or how ever. Even if she see that her regime did not bring the promised improvements, rather contrary, she will always believe that another leader would have done worse than she did. Which thinking is very understandable for a God-sent leader as she believes to be. Hard times to come for RP. [email protected], Germany, Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Let's renegotiate. Whatever is the decision of the Supreme Court, abrogate the questionable MOA on Ancestral Domain (MOA AD) and renegotiate in-country to forestall foreign intervention and not to internationalize the local problem The cessation of hostilities agreement should be forcefully implemented. To renegotiate a comprehensive agreement, the following aspects should be considered: 1. To respect the Constitution and the Rule of Law. (This was proposed by RP negotiator Rodolfo Garcia in the previous draft but was not accepted by the MILF being a rebel group. Only when incoming Peace Process Chief Esperon relented to the MILF contention that a revised MOA AD was initialed for ceremonial signing in Kuala Lumpur.) 2. To renounce violence as an instrument in the settlement of grievances. (The RP-MNLF Agreement and the MOA AD did not advert to this.) 3. To autonomize within their respective domains the three major Islamic groups of Tausugs in Sulu and outlying islands, the Maranaos in the Lanaos, and the Maguindanaoans in Maguindanao and adjoining Muslim barangays. (The RP-MNLF and the MOA AD AD adverted to the Muslims as one community occupying domains that extended to non-moslem areas.) 4. To dissolve the armed elements of the secessionist groups and give amnesty to the members. (This was not provided in both MNLF and MILF documents, that's why we witness up to now the intransigence of both armed groups in the peace and order situation in Mindanao.) The Moros rose in rebellion not because they wanted independence but because they wanted substantial response from Manila for their perceived grievances. The interest of the common Moro is recognition of its homeland, better opportunities for education, development and management of its internal political, economic, and social affairs within the context of its culture, and improvement in the quality of life their people. Fortunato U. Abat, (by email), Aug. 21, 2008 Former Secretary of National Defense wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Tony -- Right on! But shouldn't you also call for the complete revamp of the GRP. peace panel, which was willing to give so much away without consultation, in an ambience of stealth and deceit? Benito Legarda, Jr., (by email), Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww. You are pointing out that the MNLF and the MILF are each claiming to be the official representative of the Bangsamoro. Therefore, why should the GRP renegotiate with only one? If the prior agreement with the MNLF still stands, should it be the one implemented? Should not the two contenders work it out first between themselves and come up with a unified choice--or is that impossible? At least the GRP will not be criticized for neglecting the MNLF--perhaps? Lourdes Ceballos, (by email), Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww MINDANAO CONFLICT its roots The conflict in Mindanao started with the Sultanate of Sulu asking President Marcos to help them recover Sabah, North Borneo. The Malaysians secretly countered and used Muslim sentiment to separate Mindanao, later led by Nur Misuari. During the RP negotiation with MNLF, FVR supported a breakaway group the MILF to conter force the MNLF. When the MILF became a big force, FVR organized again a conter force the ABU SAYAF. Today the three merges and are asking for a Bangsa Moro State separation it from the Philippines as they do not recognize the Philippine Constitution. When Erap stoped the MILF, GMA allowed them to grow back and bigger. Rex Rivera, (by email), Gen. Santos City, Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Why renegotiate? Nobody is asking for it. Neither the MILF nor the MNLF! Ancestral Domain is tribal and economic, not religious. It is best approached at the local rather than regional level. It is bad enough that we have an ARRM. It would be worse if we have more such regions. AD is under RA 8370. It covers all indigenous peoples throughout the country, not just tribes the Maranaos, Tausogs, T'bolis, Badjaos and other tribes found in Mindanao. Sincere and aggressive implementation at barangay, town or provincial level would be enough to quell unrest and promote the welfare of those less privileged people. Sen. Pimentel wants a date with destiny. He can't do it through federalism because cha-cha is dead for now. But he can do it through decentralization. Instead of going around the country campaigning for federalism, he should incite local government officials to lead a revolt for Congress to amend the Local Government Code which incorporates his 20/80 formula. Without such pressure, Congress would not grant such powers. What makes the good Senator think that it will have a change of heart if convened as a con-ass? I search for materials which would explain why the good Senator opted for federalism rather than local autonomy, and was able to get the following material from reytrillana's blog. I wish I can find something worth discussing. The rest of the blog enumerates the benefits of federalism, something which are common with plain and simple local autonomy. x-x-x-x-x-x-x-x Federalism "aims to constitutionally redistribute powers from the center to the periphery (that is the difference between autonomy and federalism, autonomous local units get their powers from the center thereby subject to its whims; federalism enshrines such power arrangements in the constitution). In short, the principal effect of federalism is that it will make the central government irrelevant. This is also the reason why some opponents of federalism are those who are afraid of this power shift. Here lies the radicalism of federalism�the arena for democratic struggles in a federal arrangement is smaller hence more effective. x-x-x-x-x-x-x-x-x While the autonomous local unit get their powers from the center it does not follow that it is subject to its whims. Local governments are enshrined in our Constitution. The Local Government Code of 1991 authored by Senator Pimentel himself is based on it. If Gloria was able to withhold internal revenue allocation (IRA) intended for local governments, it is not the fault of the Constitution or of the Code. Automatic release of such allocations is mandated by law. We do not change a Constitution simply because we cannot enforce a law! We should instead change the officials who chose to lick the abusive heel instead of crushing it. Eustaquio Joven, (by email), Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya I thoroughly agree with your latest column since really, it is the logical thing to do. But logical only under a legitimate government. The present regime has no legitimacy due to 'hello garci' and I surmise that the regime itself knows it is illegitimate. How else can you explain their actions or lack thereof? How else do your explain theirlack of even a modicum of self-esteem as manifested in that "piece of paper" I suppose that it is actually both parties to the MOA who do not recognize the Constitution.Both parties are illegitimate. It is a thief negotiating with a rebel. I hope you can come up with a column along the lines of: "Mrs. Arroyo, what have you done to our country?" She is taking all of us down with her. Regards, Enrico D. Hidalgo, (by email), Aug. 21, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, You are right Cha-Cha through a Constituent Assembly - a fate more than death. If Sen. Pimentel really wants to leave his legacy and be a statesman, I dare him to file a law or even a resolution banning dynasties, before thinking of federalism. Dynasty is embodied in our constitution but I still have to see or hear a Congressman or Senator filing a law or even a resolution on this. Does he not realize it, if the country is federal with all these dynasties. More corruption and more killings as there will be no more opposition. So, how could you attain economic progress. Yes, progress for those in power. Just look and examine those poor provinces, fellas! Thanks and more power. Bert Celera, (by email), Aug. 22, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Yes. I have mentioned it before. The MILF is no different from the NPA, bukas kotse gang, Bahala na gang, sige sige and sputnik gang and other KFR groups. It boggles me why the government will even talk to them. Mind you, MILF does not represent all Muslims.They represent killer Muslims, not traditional and educated Muslims. As for me, just transfer the capital from Manila to anywhere in Mindanao so that people there would now feel the government is actually with them. There is no room na for seccesionist thinking�.. They don't promote Islam, they promote evil. How can one believe that they have the ability to run a federal state eh sila sila mismo, they can't even check their ranks, if we were to believe their spokesman, whom I really doubt. Madaming Muslim na mabubuting tao and I had pleasant experiences with them. Pwera lang mga MILF at mga hinde nag aral. Mike Delgado, (by email), Aug. 22, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww GMA is well advised to simply trash the MOA . GMA's negotiators have underestimated the temper of the people by their exceedingly generous proposals to give away nearly half of the archipelago. (Actually, not even half of Mindanao. ACA) I hope she has learned some lessons from the angry reactions to their follies, particularly on the issue of making freebies out of Mindanao, Sulu and Palawan. Constitutional or not, an expanded ancestral domain as featured in the MOA will never pass the plebiscite. No self-respecting Filipino will be blackmailed in giving away even an inch of the territory to this separatist movement. From the start I had questioned the wisdom of creating another Bangsamoro for the MILF for the sake of peace when there already exists the ARMM that was initiated by the Organization of Islamic Conference no less which guarantees absolute freedom to Muslim Mindanao to govern themselves. It would be much simpler if some ARMM provisions were amended to accommodate the MILF which can be done by legislation without going through a plebiscite or amending the Constitution. There is no justification that the MILF deserve a separate independent state because, being a break-away group from the MNLF, they cannot assimilate with the MNLF in the ARMM. If the MILF cannot assimilate and co-exist with the MNLF, how can anyone expect them to assimilate with the rest of the country? Cesar M. de los Reyes, (by email), Aug. 22, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Thank you Mr. Abaya! Renegotiation under the principle of one flag, one country is a good component of a Filipino Agenda. I am discussing to you long before this MILF-MOA situation of a Philippine vision or a platform of unity come 2010 for a genuine united opposition that many politician even the younger ones failed to articulate. Your framework on renegoatiation only with those autonomist, I think is viable idea since it is coming from the Philippine interest and may this kind of ideas blossom together with the end of the political dynasty within our political system. Patriots must come together to work on a viable platform of action that will correct the socio-political and economic conditions with the broadest concensus and not from an already established agenda of some vested interest circulating along the cha-cha prophets of doom. 2010 must be a new beginning for the country and not a continuing curse for the nation. A clean and onest must be witness by our people. But it will only happen if some presidentiables will sacrifice to build a united genuine opposition coming together with a platform of unity that will cover for at least a span of 10 years. Albert Banico, (by email), Aug. 22, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Mr. Abaya, I cannot say enough regarding your article about the breakdown of the MOA. It is really frustrating to note that some people will do everything to remain in power and to mask what is the real score behind this. If we may recall, two years ago Malaca�ang gave another reason for charter change. All I can add to what you have written is this, why fix something that is not broken? The only broken things in the government are majority of those in power right now. Is it the constitutions fault that we are enduring what's been happening to the country in general? Or is it that we have too many laws that not even our enforcers know which law is for what? As far as a "common tao" like me believes, the real culprit are those people in the government itself, starting with culprit number one. They who are lawmakers yet the biggest law breakers. I don't understand why the honorable Pimentel would make us all be sacrificial lambs for just having the prestige of instigating a shift to the federal system. We barely even had the grip of the real strength of the freedom constitution and now they want to trample on it and for what? And can the honorable senator please explain how this sudden change in the form of government equate to a "spur in economic growth" when the same players will remain at play? Well, minus him, of course. Now they say it is for the lasting peace in Mindanao. Ayayay. My gulay, the results of the computerized elections done there is not even over yet. What machines are they using there anyways? Even the ENIAC I would put them all to shame. Or is it they haven't figured out how to cheat the results so they can use it "for future reference?" I don't know with you, but suddenly I have a pang to munch on some Hahm Boor-Jer [sic] from Wack-Wack. Please, there might be other reasons besides this. The real reason please. And let no one dare tell us to back off. I too don't want a segmented Philippines. My father was from Lamitan, Basilan. I'd hate to think that I would be considered an illegal alien in Luzon. Best regards, Noi Ramirez, (by email), Aug. 22, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww This is what Mr. Abaya is well known for. Discussing a very serious issue and giving deep insights to it, making good mirrored analogy but still keeping his sense of humor. Can we clone Mr. Abaya? Ernie Dellosa, (by email), Aug. 23, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The MOA has brought the country to the brink of war. To think that it was supposed to have been signed last August 5, without adequate consultation with the affected people in Mindanao, nor with the elected representatives of the people! The signing was halted only at the last minute by a TRO from the Supreme Court! Why did the government want to go in so hastily into this deal? Two possibilities: 1) Deception---The government intentionally offered the MILF something which it cannot deliver, in order to provoke either Charter change or military conflict. This was a devilish deception, playing with the lives of thousands of people for selfish ends. 2) Gross ineptitude---The government negotiators did not foresee the effects of what they were doing. If it was ineptitude, then GMA should dump chief negotiator Rodolfo Garcia and Presidential Peace Adviser Hermogenes Esperon. They have caused the loss of lives and of millions worth of properties because of their stupidity, and shouldn't be trusted to represent the government in any other negotiation of any sort. If it was deception, then the blame falls squarely on the President's shoulders, since the negotiators wouldn't have been so daring without "Ma'm's" backing. To prove that she is not behind this treasonous and satanic deception, she should punish principal negotiator Garcia and adviser Esperon. Either way---DUMP ESPERON AND GARCIA! [email protected], Aug. 23, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The GRP must first hold consultations before embarking on negotiation talks with the MILF and be transparent on what it intends to offer. While doing so, the AFP should continue on its punitive operations to neutralize the different MILF brigades because it has been the MO (Modus Operandi) of the Muslim rebels to start asking for a truce and peace talks when they think that the military offensive could decimate its ranks. Narciso Limsiaco Ner, (by email), Davao City, Aug. 25, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, You can't read the mind of a Very Wise lady who is the 41st most powerful all over the World! What make her that way, are you and I and some guys in the Media and Senate- the dirty politicians all around us. Protecting herself and her government, she armed herself and became almost invulnerable! She sees no one is capable of running this government except her! This will go beyond 2010! Even a thousand men is no match with a single Wise and Very Powerful lady winning the hearts and mind of people around the World! What I can say, with the BJE is that the MILF has fallen into a deep trap, to a street of no return. Now the MILF will be wiped out and their doom is near. Like a "Pull and Push" technique in a Judo. The government pulled MILF into the peace negotiating table, then commit what can not be done, because it is unconstitutional; and when the MILF made a false move, they are crushed to the ground. This is an old but effective Americans style in warfare. First, they make peace with their enemy, forged a peace or ceasefire agreement, forced the enemy to make a false move, then make the final strike and wiped them all. Mao is his Red Book also said, "there is no lasting peace but, to wipe out your enemy". The double bladed Americans are simply there, acting as a "buffer" to the situation. One way or another if the BJE pushed thru ( but of course it will not because it was designed not to), the MILF will see them as friend, an economic ally, but with recent developments that the MILF is nearing its end, the visiting forces have no options, but help government, in whatever is contained in the VFA.. Managing change and Conflict management is two but related things. If the government managed well how to address the conflict at the grassroot level (bottom to top approach, then vice versa), change as expected will evolve naturally, thus managing change will be a lot easier. Stakeholders will actively participate in a peaceful manner since the people of Mindanao is a part of it. The MILF is just a minority. Not because they have guns, they have a louder and forceful voice that their fellow Muslims and Christians and has the monopoly of running their lives! What we need is a Consultative body composed of all Stakeholders Christians and Moslem alike, (those groups/sectors that have no guns) not the MILF nor the Army, and the politicians. When the Senate inquiry on BJE begins, make their collective discussion public! After all, nowadays it is real hard to hide, specially things that doesn't smell good! Everyone must come out into the open. If they are honest, their true colors will become obvious as they speak in public. But if the person is true enough, you can not put a good product down. 'DAANAN MAN IKAW NG PISON KUNG TOTOO KA TATAYO KA PARIN"! Bakit kaya nakatayo parin si GMA? Totoo kaya siya? Rodolfo Cada, (by email), Aug. 29, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Is Arroyo finished under UNCAC? Dear Tony, Whether Arroyo is finished or not, some people who should be finished off right now before they ever will go again into peace negotiations with the MILF, are 'US war broker' Esperon and anti communist 'pimp' Norberto Gonzales. They are principally responsible for this whole mess and should be fired for that. Then, of course, GMA who maintained these people as her security advisors, should be fired also. But that remains wishful thinking for the moment, I agree. Arnold van Vugt, (by email), Cagayan de Oro City wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Decentralize Now! Ninoy Aquino begat hope and courage. Hope and courage begat EDSA 1. EDSA 1 begat Cory, FVR, ERAP and EDSA 2. EDSA 2 begat Gloria. Gloria begat unprecedented corruption and poverty, then a MOA that led to war: Filipinos against Filipinos. The combination of these events begat the loss of Ninoy's legacy. The absence of his legacy begat poverty in mind and spirit as well. We dare not move against Gloria because of fear, not for life and limb, but for the uncertain scenario of an early PGMA exit. Even 2010 is viewed with much skepticism. Embedded in our hearts are the lessons of experience: no change in leadership ever brought any relief. Senator Nene Pimentel correctly diagnosed the problem: too much wealth and power in the Presidency or Imperial Manila. Unfortunately the prescription he gave is seriously flawed. Federalism won't solve the problem. It will only aggravate it. He is just complicating a simple solution: decentralization through legislation. This is allowed by the present Constitution. Clip the powers of the presidency; distribute it to the local government units. This is the good Senator's forte. He must have overlooked it in his haste to post another date in history: from the father of local autonomy to the champion of federalism! Unfortunately, it promises to be his undoing. Cha-cha is dead for now. And even if it reaches a plebiscite, a provision adding more people to the unpopular bodies would spell its doom. People would rather vote for the abolition of one of the two Chambers, or both! Fortunately, it is not too late for Mr. Local Autonomy to be true to his calling. Instead of gunning for federalism, he may rally the local government officials to persuade Congress to approve a legislation that incorporates his 20/80 formula in an invigorated Local Government Code. Who knows that, under intense pressure, its members might even come to their senses, get real and go for impeachment instead? Decentralize Now! Local autonomy is better understood when ranged against federalism. The following is my response to Rey Trillana's post, "The Dilemma of Federalists": "First, federalism is an excellent idea." Based on what? "� that is the difference between autonomy and federalism, autonomous local units get their powers from the center thereby subject to its whims; federalism enshrines such power arrangements in the constitution." This is deceptive. Local autonomy is already enshrined in the Constitution. It is mandated. It did not limit local autonomy to what is contained in the Local Government Code. Congress did. That it was subjected to somebody's whim was not the Constitution's or LGC's fault. It was an enforcement issue, something that is beyond the realm of legislation or of any Constitution. ",,, In short, the principal effect of federalism is that it will make the central government irrelevant." Federalism makes central government irrelevant by replacing it with more of the same! They call it States. So, what's the use? On the other hand, legislated local autonomy can effectively release LGU's from the stranglehold of Imperial Manila. Period. "Here lies the radicalism of federalism�the arena for democratic struggles in a federal arrangement is smaller hence more effective." Which is smaller a State or a province? "The theory is this: Access to politicians in a federal set-up is likely to be easier and information about the state government's�as well as politicians'�activities more readily available when government is small. With lower costs to participation, participation should increase." Isn't this statement more applicable to cities and provinces than States? Decentralization is doable NOW. No need for a cha-cha. It will free us not just from one rapacious President but also from her successors. Of course this cannot be done without a revolution! A peaceful one. Eustaquio Joven, (by email), Aug. 25, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww MOA � a Trojan Horse Hi Tony, Another great article from you. Congratulations. We had the Dean of University of the East College of Law speak before the Rotary Club of Manila (as you did before), and he spoke about the same subject. Subsequently, he passed around the attached article which might be of interest to you. Best regards, Glicerio Sicat, (by email), Aug. 22, 2008 MOA � TROJAN HORSE?* Amado D. Valdez Dean, UE College of Law I Recognition of the Bangsamoro State To the keen eye, the proposed Memorandum of Agreement between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) on Ancestral Domain will not miss the statements of acknowledgement and recognition of the Bangsamoro Juridical Entity as having the status of a state. So, when the MILF leadership claimed that the agreement is a "done deal", it is more a reference to their being recognized as a Bangsa Moro State, never mind the provisions on ancestral domain which is yet to be approved in a plebiscite. The government lately argued that the MOA is a preliminary step to a Final Peace Agreement, wrongly assuming that the former is not binding until the latter has been reached by the parties. The truth of the matter is that the admissions and acceptance made on the status of the Bangsa Moro will no longer be reversed by any subsequent accord or denials. Such agreement standing alone, witnessed by the powerful and influential United States, Malaysia and other Islamic states, will have irreversible impact on the status of the MILF in case of resumption of armed hostilities in the area. These are consequences thoughtfully avoided by the Philippine government when it inked the Tripoli Agreement in the seventies with the MNLF. In that accord, it was made clear in writing that the "establishment of Autonomy in Southern Philippines" must be "within the realm of the sovereignty and territorial integrity of the Philippines," and to be implemented in accordance with "constitutional processes". This was the cornerstone of all subsequent talks. Thus, in a statement delivered by the Libya Foreign Minister Ali Treki in the UN General Assembly on 12 October 1977, he categorically and definitely declared that the MNLF issue is a "domestic problem" of the Filipino people. Presently, the MILF prematurely revealed its hidden agenda by claiming that the agreement having been initialled has binding effect under international law. I I How the Philippine panel was deceived The Agreement is a model in grand deception. In the segment entitled Concepts and Principles, the Philippine government "agreed and acknowledged" the attributes of a Bangsamoro State such as people, territory, government, and sovereignty. Of course, it was not a simple textbook enumeration of the elements of a state as taught in political science or law schools. Nonetheless, the statement of concepts and principles clearly recognized the "birthright of the Moros and Indigenous peoples of Mindanao who identify themselves as 'Bangsamoros' ". Who ever crafted the part on "Concepts and Principles" had successfully steered the Philippine government panel to commit as it "agreed and acknowledged" the following elements of a state: 1. a people considered as "FIRST NATION", a domestic community distinct from the rest of the national communities (No. 4), or distinct and dominant people (No. 5); 2. a territory or the Bangsamoro Homeland, ownership of which is vested exclusively in them, by virtue of prior rights of occupation (No.2). An ancestral domain and ancestral land claimed, owned, occupied or possessed by themselves or through ancestors of the Bangsamoro people, communally or individually (No. 3), and that the ancestral domain does not form part of the public domain (No. 3), a definite historic homeland (No. 4); 3. a First Nation with a SYSTEM OF GOVERNMENT entered into treaties of comity and commerce with foreign nations (No. 4), thereby recognizing a Bangsa Moro Juridical Entity (BJE) which shall have authority and jurisdiction over the ancestral domain and ancestral lands ( No. 6); and 4. sovereignty by acknowledging the "right to self-governance" which "is rooted on ancestral territoriality exercised originally under suzerain authority of their sultanates and the Pat a Pongampon Ku Ranaw (No. 4), Moro Sultanates resembling a body politic endowed with all the elements of nation-state in the modern sense (No.4). III Violations of the Constitution If only to be informative, without commenting on the matter because of its sub judice nature, the following provisions of the constitution are adversely affected by the MOA, viz: 1. Section 22, Article II which requires that the promotion of the rights of indigenous cultural communities be within the framework of national unity and development. The MOA instead of promoting national unity, allows the creation of a new state. 2. Section 10, Art. 10 - On creation of provinces, cities, municipalities and change of boundaries. 3. Section 15, Art. 10 � On the creation of autonomous regions within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. Please note that the constitution may be amended to adopt federalism but not to derogate on national sovereignty and territorial integrity of the Republic. 4. Section 16, Art. 10 � On the President's power being limited to general supervision of autonomous regions. 5. Section 2, Art. 12 � On ownership, development, utilization and exploitation of natural resources. IV Status of the MOA under International Law Unlike the Tripoli Agreement, the MOA did not only fail to mention the Philippine constitution, it clearly avoided recognition of Philippine sovereignty and commitment to comply with constitutional processes. Instead, the panels agreed to treat the agreement as a treaty setting out "understandings, obligations, and benefits for both parties" and provides for a framework that elaborates the principles declared in the Agreement. The Philippine government can not reneged in follow-up agreements on the principles and concepts it had acknowledged in the MOA, particularly the recognition of a Bangsa Moro State. Assuming that after the signing of the MOA the talks are stalled and there is a resumption of hostilities, the MILF has already acquired the status of belligerency under customary rules of international law. A status of belligerency is conferred on communities not on individuals or group of individuals engaged in a political movement aiming at independence and secession. The MOA has treated the MILF as the Bangsa moro community, or the natives or regional inhabitants of Mindanao. Furthermore, to confer the status of belligerency, the hostilities must be of general character. This explains why despite reaching an accord on the ancestral domain, MILF troops are still waging war in so many areas as possible. V The US Ambassador to the Philippines, Kirstey Kenny publicly stated that her country will not allow Mindanao to be separated from the Philippines. This is partially true if she meant that the agreement does not separate Mindanao but this is different from the fact that only a portion in Mindanao referred to in the agreement is recognized as a separate Bangsamoro State. With the acceptance and acknowledgement of concepts and principles, particularly the existence of Bangsamoro State made in the MOA, being the framework of all subsequent agreements, then the Philippine government panel had been had. We want peace in Mindanao. The recognition of a Bangsamoro State in the MOA is definitely not the right step to peace.***** * Speech delivered at the Rotary Club of Manila meeting on August 14, 2008 at the Manila Polo Club. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Reactions to [email protected]. Tony on YouTube in www.tapatt.org. To subscribe, send a blank email with the subject heading Subscribe. To unsubscribe, send a blank email with the subject heading Unsubscribe. |