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| ON THE OTHER HAND |
| Thank you, Nene
By Antonio C. Abaya Written on Aug. 13, 2008 For the Standard Today, August 14 issue In my article Staring into the Abyss (Aug. 07), I had mentioned my talk before Irene Santiago's Mindanao Commission on Women in Davao City last June 24, to which I had been asked to describe "What the Country Faces in 2010." In that talk, I painted a worst case scenario and a best case scenario. In the worst case scenario, I posited a continued escalation in the prices of oil and food; a new war in the Middle East as Israel and the neo-cons in Washington DC attack Iran's nuclear facilities; which war would force the return home of hundreds of thousands of Filipino overseas workers; an increase in the inflation rate and a corresponding rise in criminality; and "a resumption of the war in Mindanao and Sulu as radical elements in the Moro Islamic Liberation Front (MILF) and the Abu Sayyaf raise the ante by making demands on the Manila government that they know the Manila government cannot accede to�.." These developments "would stretch the resources of the Philippine government and would encourage calls for either martial law or a military takeover�President Arroyo would respond positively to a call for martial law, whether the causes are real or manufactured. It would be in keeping with her desire to remain in power beyond 2010." And I concluded that, whether it will be martial law or military takeover, "Congress would be abolished, civil and political rights would be suspended, and there would be no presidential elections in 2010�" In my best case scenario, there is no wider war in the Middle East, the prices of oil and food stabilize, there is no resumption of hostilities in Mindanao and Sulu, no forced repatriation of Filipino overseas workers, no rise in criminality, ergo no credible reason to declare martial law.. "But President Arroyo would continue her maneuvers to remain in power beyond 2010, either as prime minister, if we switch to the parliamentary system, or as president without term limits, if we retain the presidential system�." I said this because of the unabated efforts of Gov. Joey Saleda (since Feb. 11) to push for parliamentarianism, and of Sen. Pimentel (since mid-June) to push for federalism. Pimentel's federalism is specifically programmed to take effect before the end of President Arroyo's term and specifically designed to be brought about through a constituent assembly (ConAss), where the Kampi/Lakas juggernsaut in the Lower House would easily overwhelm any opposition from the Senate. "So even under my best case scenario, I do not think there will be presidential elections in 2010�.It will be GMA all the way�." That was what I told my Davao audience last June 24. The other day (Aug. 12), I was asked to give a talk to the Management Association of the Philippines - ABCD Foundation, on a similar topic: "the likely scenario from now to July 2010" especially in the countryside. In the 49 days since my Davao talk, the situation has deteriorated significantly because the resumption of hostilities in Mindanao � one of the ingredients in my worst case scenario � has become a palpable reality. Alleged lost commands of the MILF occupied villages beyond the boundaries of the present Autonomous Region of Muslim Mindanao (ARMM) into territories claimed for the Bangsamoro Juridical Entity (BJE) and promised by the memorandum of agreement on ancestral domain (MOA-AD), even before that MOA could be signed and formally ratified in a plebiscite. Forcing the Philippine military to hit back at the MILF with artillery, APCs, infantry, OV-10 Broncos and attack helicopters in what possibly could be a precursor of things to come. It is becoming obvious that the panel negotiating for the Government of the Republic of the Philippines (GRP) with the MILF was not being na�ve and stupid when it initialed that MOA, knowing fully well that some of its provisos violated the Constitution and would likely trigger a backlash from the largely Christian majority in the general population as well as in Congress. I distinctly recall that the "peace talks" in Kuala Lumpur were stalled more than a year ago because of two major issues: the issue of ancestral domain and the issue of the Constitution. The MILF objected to any reference to the Philippine Constitution since, according to them, they were rebels and therefore did not recognize that document. The GRP panel, apparently with malice aforethought, gave in to the MILF demands. It initialed the MOA last July 27, without telling Congress, the general public or the residents of the affected areas, that it was ceding 712 barangays to the BJE, which would now become about 30 to 35 percent larger than the existing ARMM. The GRP also gave in to the MILF demand that the Philippine Constitution is not to be mentioned at all in the MOA, although the MOA acknowledges that the central government (the GRP) needs to formalize the MOA with a plebiscite as well as with a constitutional change to the federal form of government. before the BJE can become a federal state in a federal union. For its part, the MILF sniffs that all these legal and constitutional details are an internal problem for the GRP and are of no concern to them, and that the MOA is a done deal and is legally binding on the GRP. The implied threat is that if the MOA is not signed, war would resume. During my talk to the MAP-ABCDF, a member asked what I would prefer instead of the flawed MOA. I said what I have been proposing in this space since 2004, namely that senators should be elected by region, instead of by nationwide vote. This way, Muslims would always have a representative/s in the Senate, the highest policy-making body in the government. Moderate Muslims could thus be kept within the mainstream. Radical Muslims, on the other hand, would always opt for separatism and independence, no matter what. I will dwell on this in a future article. Another member of the MAP audience asked which constitutional reforms I would favor. I replied: parliamentary and unitary, under certain conditions. One, the ChaCha should be done after 2010. And the Westminster model of parliamentary may have to be amended to allow for direct vote for the prime minister, because Filipinos are culturally used to voting directly for their head of state. This is not unheard of. As far as I know, Binyamin Netanyahu was elected prime minister of Israel by direct vote. It should be looked into. It did not surprise me or anyone else that on Aug. 11 President Arroyo came out openly in favor of what everyone and his Muslim grandmother have known along that she would push, namely that we need charter change and a switch to the federal form of government to solve the peace and order problem in Mindanao.. (Thank you, Nene.) The GRP is being blackmailed, and willingly so, since the end result (federalism through charter change) coincides with the strategic goal of keeping President Arroyo in power beyond 2010. Senator Pimentel protests that his Senate Resolution no. 10 deals only with a switch to federal and does not concern itself with extending anyone's term or switching to parliamentary. But Pimentel is only the chief carpenter for the Trojan Horse. He has no say whatsoever on who will hide inside it. That is strictly for Gloria, Big Mike and Ronnie to decide. (Thank you, Nene.). . That the GRP has been negotiating at all with a bunch of outlaws, as the MILF admit they are, who have been allowed to control vast territories in Mindanao-Sulu-Basilan-Tawi Tawi which the Philippine military and police cannot enter, is a de facto recognition that the MILF is a separate government. The MOA � even if only initialed � is the GRP's de jure acknowledgement and guarantee (to the MILF) that the expanded Bangsamoro Juridical Entity will soon become the Bangsamoro Federal State. Since the MILF has always been separatist, it is only logical that it will separate itself from the Philippine Republic, at the Zero Hour that it will choose.. (Thank you, Nene.) ***** 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. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Reactions to "Thank you, Nene" More Reactions to "Staring into the Abyss" 'Arroyo is Finished under UNCAC' 'Senators are deceiving themselves' 'Surrender and Betrayal' 'The Big Mistakes by the MILF' Very correct, Tony. These MILF people would always the MUSLIM ako flag and tell the world that they have the every right to do what is pleasing to them, like burning buses, kidnapping, killing innocent people, robberies and others. Mind you, I have great admiration for other Muslim Pinoys na hinde corny tulad ng MILF. Pero mukhang bomalabs matuloy yang MOA na yan. Yun lang, just expect a " WAG THE DOG" actions by this government. Mike Delgado, (by email), Aug.14, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, Don't you think she will not self-destruct before 2010? Hector Tarrazona, (by email), Aug. 14, 2008 (You have a double negative there. If you mean, don't you think she will self-destruct before 2010? I would reply: Never underestimate Gloria. She is very resourceful, resilient and wily. She [and Big Mike and Ronnie] will always think of something. ACA) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Tony, Bravo Zulu. Some Pampanguenos are wistfully thinking that as a unique group, with our own language, culture and even cuisine, etc.with ancestral claims to the Pampanga region (includes parts of Tarlac, Nueva Ecija, Bataan, Buluacan), we dare to dream of a Pampanga Autonomous Region (PAR), just as our brothers in the South do. If there will be balkanization, we may as well get organized , lay the ground work and ride the momentum. I am sure the Ilocanos, Pangasinenses, Bicolanos, Ifugaos, Ilongos, etc.will have ideas of their own. What do you think? Ben Lim, (by email), Makati City, Aug. 15, 2008 (I will support any group that will declare Merville a separate federal state. ACA) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Since Nene is open on the number of states that would compose his United States of the Philippines, I suggest as many states as there are provinces and cities. Anything his states can do, our cities and provinces can do better. I dare Nene to refute this. Let the cities and provinces take the place of his proposed states. This way, we will have no need for a cha-cha. We need not increase our senators and congressmen. We need not create states to attain the goals of federalism. All this boils down to the need for him to do his homework: a law that would defang Gloria and empower LGU's to do their jobs better. Come to think of it. Indeed we can thank Nene for giving us the idea. We need people power, not to oust Gloria but to awaken the LGU's. Let them lead a revolt. Let them persuade Congress to adopt the 20/80 formula promised by Nene under federalism. Why go through the cha-cha when it can be done NOW? Instead of giving 30% of its share of the national collection, why not allot it to an equalization fund of which even the Central Government may take a slice if situation so warrants? Whatever. The point is this: the promised glory under federalism can be attained NOW, through an appropriate legislation. I am quite sure that Nene knows this very well. But he knows too that any attempt to introduce the 20/80 formula in Congress won't get even to first base. Now, what made him think that a ConAss would act differently? Our dilemma: we see the formula as a way out yet there's no way by which it will pass Congress, ConAss or ConCon. So what are we to do? Here is where people power must come in, but it will be an entirely different kind. It will be lead by entirely new faces. For once, the traditional stars of people power - civil society, students, militant groups, military, the Church - will just take on supporting roles. The new stars will come from all over the country. Surely, their voices will be heard because they are proven leaders of their territories. They are the provincial, city, municipal and barangay officials. For once, they will act as one to fight for the welfare of their constituents and for the country. No to a bloody revolution. Yes to a revolution by the people, lead by their elected officials. Why not? It is time for Nene to regain his stature as a giant in the Senate when he successfully sponsored the Local Government Code and other vital laws. The country needs the Senator Nene Pimentel of old, not the old Nene. He can still do it. He cannot allow the country to go down with him in his twilight years. It is time for him to initiate this kind of revolution. The benefits of this movement will go beyond 2010, not Gloria. Eustaquio Joven, (by email), Aug. 15, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, Your column yesterday in Manila Standard Today is right on the spot again. The moves to spring a fait acompli on the Filipino people are on track. Thanks for pointing this out way ahead of the others. Question now is: what can we do to counter these insidious moves? By the way, I used to receive your articles thru this email address but the people upset with you have finally managed to sabotage your delivery system. Hope you can put me back into your distribution list again. Thanks, Lope Yuvienco, (by email), Aug. 15, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Dear Kuya Tony C. Abaya, If the GRP with the MOA does not conform with the present Constitution and it allows land areas to be given to the MILF group, definitely such MOA is unconstitutional. Further, to give away territorial areas to the MILF without abiding with the Constitution and the people's approval or consultations, is without DUE PROCESS OF LAW, and becomes null and void. Leona Guera, (by email), Australia, Aug. 15, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Hi Tony, Your theory or theories sounds perfect and logical. These are the things that even our experts and constitutionalist do not realize. Even Fr. Joaguin Bernas suggested not to worry as this is only a piece of paper (MOA-AD). They do not think of the other side. To the MILF it is not. Suggest to the opposition and other groups to organize and go to the provinces for an information campaign about the effects of the agreed MOA-AD and Cha-Cha. Thanks and more power. Bert Celera, (by email), Aug. 15, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Federalism if applied in the Philippines may lead to abuse by the President unless we have a stronger constitution and a willing court capable to impeach a leader if the need arises. Traditionally, our nation leader will never leave office even all evidence of illegalities and corruptions are on the table. Obviously we were never able to hang ex-Presdient Joseph Estrada. I am worried we may instead produce another dictator than achieving the aims of federalism. Federalism favors a stronger federal government and weaker provincial government but such is suitable if we have a morally, ethically and professional guided national leader however current we do not have such being unless God runs for a seat in the government. Every leader favors his hometown. Makati has all the businesses while many provincial cities are depress, backward with inadequate financing. Mindanao will always be at the disadantage. Under Federalism I guess Mindanao will continue to pursue their aim of having their own sovereign nation. None of them trust the politicians in Metro-Manila. If I am not in favor of federalism, would I be called a confederate ? Nonoy Ramos, (by email), Pennsylvania, Aug. 19, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww The Christian Filipinos did not recognize the American government when it won against and bought the Philippines from Spain, so what makes it right for the Christian Filipinos to use force to impose its government upon a people who have resisted and fought conquerors and refused to recognize Filipino sovereignty over their lands and people? If it is true that the Moros have never been subjugated by the Spaniards and the Americans or any other foreign power, if it is true that the Moros have, for centuries, fought their conquerors to the death to secure their independence from foreigners, if it is true that the Moros were sold by the Spaniards and handed by the Americans to the Christian Filipinos of the north against the Moro people's wishes and without their consent, then I see their struggle for independence as a part of their long and continuing bloody revolution to become the free and independent nation that they were before the coming of their conquerors. "When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. � That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, � That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." - US Declaration of Independence The Christian Filipinos can justify their presence in the Morolands by showing the Torrens titles to the lands they occupy. If it worked for the American immigrants who stole the sacred Black Hills of South Dakota from the American Indians, I don't see why it would not work for the Filipino immigrants who stole the ancestral Moro lands. Filipinos have their own military who are more than willing to exterminate the Moros. Bobby Manasan, (by email), Burke, Virginia, Aug. 19, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww More Reactions to "Staring into the Abyss" (Aug. 07, 2008) Hi Tony, The "Reactions" and suggestions of concerned Filipinos to what is happening to our Nation could be-- that people are beginning to unite and this is good. Use them to bring about "The New Nation" that everyone feel they are a part, without the Carbuncles, of course! What the Moros are doing in central Mindanao and elsewhere are what we who live here knew would happen. No matter what they say, they will always think "only for their own ends", nothing else. For anyone to understand how this people think you have to live with them. Remember how General Bautista and his group of "Trusting soldiers" were killed when they thought they were invited to talk peace in Sulu in the '70s? There were other incidents similar to it. Why can't people from Luzon learn this lesson? Of the past leaders, only President Estrada understood how Moros think. And "High Society People" thought, and still think, he is stupid. I think it's the reversed as proved by all incidents that point to what we from Mindanao see it. If Arroyo wants to sell Luzon to the Moros, we won't mind it at all. She and her cohorts can sell even their kitchen zink. From time immemorial Moros never felt that they are part of the Republic. Today, you see and hear them on TV and their reactions, their remarks, show what we mean! Think backward in history and you will understand what we who live with them here in Mindanao, are talking about. Their utterances, body-language and nuances will reveal what's inside their hearts and minds. This is nothing new. I hope General Yano, who was then the head of the Zamboanga Internal Security Command, in November, 2001, when residents of Fairview Village (my family included) were taken hostage by Moros under Missuari, will not forget what happened to us. I lost not only material things, but the most important thing I value -- my dgnity! Gen. Yano must use this lesson well now that he is the Chief of Staff in the Arroyo government. As a lesson in dealing with situations today, maybe recent events in other Islamic States will also remind us how the Moros think? This is not idle talk! Leaders and pseudo leaders of this nation must learn from these past "incidents" in our history (and other nations too). Don't ever be caught with your pants down! This reminds me-- if Arroyo, Esperon and that newly appointed press secretary Dureza, wants to sell their pants to the Moros, we won't stop them. Go ahead! But don't include us and the other ethnic inhabitants who live here in Mindanao. Jose Regino, (by email), Zamboanga City, Aug. 20, 2008 A victim of recent Moro abuses! wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww (Forwarded to Tapatt by Cayo Marschner) Arroyo is Finished under UNCAC Although I'm not a lawyer I read with great interest ex-Chief Justice Artemio Panganiban's column on Inquirer.net. His recent piece concerning US jurisprudence affecting Filipinos confirms a Pamusa volunteer counsel's opinion that the UN Convention Against Corruption (UNCAC) enforced by US laws pursuant to President Bush's International Initiative to Combat Kleptocracy has made American jurisprudence more applicable to Filipinos. Excerpts from the UNCAC international cooperation provisions are effective tools to fight corruption in the Philippines, to wit: "Countries agreed to cooperate with one another in every aspect of the fight against corruption, including prevention, investigation, and the prosecution of offenders. Countries are bound by the Convention to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court, to extradite offenders. Countries are also required to undertake measures which will support the tracing, freezing, seizure and confiscation of the proceeds of corruption. "In a major breakthrough, countries agreed on asset-recovery, which is stated explicitly as a fundamental principle of the Convention. This is a particularly important issue for many developing countries where high-level corruption has plundered the national wealth, and where resources are badly needed for reconstruction and the rehabilitation of societies under new governments. Reaching agreement on this chapter has involved intensive negotiations, as the needs of countries seeking the illicit assets had to be reconciled with the legal and procedural safeguards of the countries whose assistance is sought. "Several provisions specify how cooperation and assistance will be rendered. In particular, in the case of embezzlement of public funds, the confiscated property would be returned to the state requesting it; in the case of proceeds of any other offence covered by the Convention, the property would be returned providing the proof of ownership or recognition of the damage caused to a requesting state; in all other cases, priority consideration would be given to the return of confiscated property to the requesting state, to the return of such property to the prior legitimate owners or to compensation of the victims." Under UNCAC, corrupt current and former government and political officials, their immediate family members and close associates, or private individuals and businessmen that colluded with them may be charged for violation of US laws such as the Racketeering Influenced and Corrupt Organizations (RICO) Act. That is why Gloria Macapagal Arroyo is finished. Expect her to resort to every means to attain Charter-change to remain in power and enjoy immunity from suit in order not to be indicted for corruption under US laws and human rights violation for over 800 extrajudicial killings perpetrated by the military making her culpable as Commander in Chief possibly to be tried at the International Criminal Court in The Hague. It's undeniable that on top of the most corrupt administration putting Filipinos to shame, Arroyo has probably committed treason in at least three (3) instances, to wit: 1. The Memorandum of Agreement (MOA) signed by the Philippine National Oil Co. with its Chinese Government counterpart for joint petroleum exploration of South China Sea islands so detrimental to the Philippines to obtain an $8-billion loan from the Chinese Government for corruption-tainted projects such as Northrail, Southrail, ZTE-NBN, Education Department Cyberspace and others. The ZTE-NBN deal has emerged to be hugely overpriced and would unduly benefit Benjamin Abalos so the Commission on Elections would go along to establish the framework for Cha-cha through people's initiative and the shift to parliamentary system, thus Arroyo would be prime minister and head of government. Clearly, Filipinos would be bought to approve Cha-cha with the loan they would eventually repay in years to come to keep Arroyo in power maybe longer than Marcos. In retrospect, Jose de Venecia was booted out as Speaker because Arroyo didn't want him as competitor for PM. 2. In order that Arroyo would be removed from a list of kleptocrats banned entry to the US under Bush's "No Safe Haven" policy denying them to enjoy fruits of corruption, she conspired with US Ambassador Kristie Kenney and offered a new military base in Mindanao. This is reportedly a "secret" agreement Arroyo had with Bush during her last US visit. 3. The military base is prohibited by the Constitution. Hence, peace in Mindanao by way of the MOA with MILF was resorted to for the creation of Bangsamoro, a state within a state that would conduct its own foreign relations and enter into treaties with foreign countries. However, Bangsamoro would first require Cha-cha. Arroyo is expected to resort to other schemes like federalism to push Cha-cha announced by Malaca�ang. Our leaders should know better; Cha-cha should be put off after 2010. God forbid, Arroyo would simulate a crisis for the military to "protect the state" and suspend the 2010 elections to allow her to continue as acting President. That's why our political leaders and all Filipinos at home and abroad should unite to press Arroyo to step down sooner rather than later. She's like a caged tiger now and up to no good each day she remains in power. Or else, Arroyo would face these consequences, to wit: (a) Be impeached by the House and removed by the Senate. Hopefully, members of Congress see the clear and present danger to the nation if Arroyo were allowed to continue in office any longer. Besides, Arroyo cannot undo the damage she has inflicted on the nation the past seven years in the months she's left in office. In fact, like a fast spreading cancer, Arroyo's presidency should be terminated forthwith; or (b) Pamusa would initiate legal actions in the US with the help of all patriotic Filipinos at home and abroad for the full force and effect of the UNCAC and Bush initiative to befall Arroyo, her immediate family members and close associates including politically well-connected individuals and businessmen that colluded with them. Perhaps, Vice President Noli de Castro would assure Arroyo full pardon if she steps down immediately on condition she'd negotiate settlement and turn over part of her family's ill-gotten wealth to the government that in effect would also amicably settle the charges of public corruption Pamusa is ready to file under US laws. Frank C. Wencelaso, [email protected] (Unless and until Gloria M. Arroyo and family are bundled off to exile in China or Morocco or Portugal or wherever, all talk about Arroyo being finished is just a lot of wishful thinking. ACA) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww (Forwarded to Tapatt by Narciso Ner) 'It will be rape and the senators cannot say they were not warned.' Sen. Nene Pimentel is fuming mad at the use of his pet advocacy, federalism, as a Trojan Horse in Gloria Arroyo's attempt to prolong her stay in power, With his long experience in politics, Nene ought not have expected otherwise. Gloria will ride any issue to promote her self-interest. At the moment it is federalism. Nene can gnash his teeth and tear his hair, but nothing he does can prevent Gloria from hijacking the cause of federalism. The immediate hurdle to Gloria's overweening ambition is the constitutional bar on her running for another term. She needs to have the 1997 Constitution amended. The first attempt, the people's initiative to shift to a parliamentary system, was a bust. She is left with the two remaining modes of amending the Constitution. There is no time for the first, a constitutional convention. It requires the election of convention delegates. After the convention is convened -even assuming Arroyo can pack it with her allies - it is likely to turn into an interminable talkfest. Then follows a plebiscite. Amendments cannot simply be done within the two years remaining. The second, a constituent assembly, is now being primed and readied. Gloria can always depend on the House to do her bidding. It is only the Senate which stands in the way of turning Congress into an assembly. The Gloria game plan is to use a Senate resolution sponsored by Pimentel calling for a shift to a federal form of government. The sense we get is that the senators are agreeable to an assembly, provided that the latter's scope be limited to the proposed adoption of federalism. There lies folly, fed by the senators' misplaced sense of self-importance and a gross underestimation of Gloria's trickery and machination. After an assembly is convened, nothing can stop the body from entertaining other proposed amendments, certainly not a shift to the parliamentary system. The senators believe they can block the latter because of their chamber's stand that voting must be done separately by both chambers. But that's only the senators' own interpretation of the provisions of the Constitution. While the weight of precedent may stand in their favor, what can they do if the members of the much bigger House insists that the assembly should vote as one body? Go to the Supreme Court? The Supreme Court is now dominated by justices who hold a judicial philosophy congruent with Gloria's (that, by the way, is rather delicately phrased, if we may say so ourselves; we did not call them Palace toadies). The senators are being led down the garden path. While they may indeed have the moral strength to fight temptation, Gloria holds the power. It will be rape and the senators cannot say they were not warned. ***** Malaya editorial, Aug. 14, 2008 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww (Forwarded to Tapatt by Fil Juntereal) Surrender and Betrayal By Rene B. Azurin BusinessWorld, Aug. 14, 2008 Just so it's in context: Mrs. Arroyo's deal for "peace" in Southern Mindanao is analogous to the Americans giving the descendants of Geronimo and his Apaches exclusive ownership of Arizona and New Mexico and the descendants of Sitting Bull and his Sioux exclusive ownership of Montana and parts of Wyoming and Dakota. Everyone should thus congratulate the MILF rebels for a great victory over the Philippine government and its armed forces. The deal is nothing less than a surrender. While no one will dispute the great need to finally bring peace to conflict-troubled areas in Mindanao, the soldiers who've fought and bled and died there because they were told that this served the interest of their government surely have a right � or their families do � to now feel betrayed. After all, they sacrificed much � as much as the MILF fighters did � but they are not to be rewarded with the kind of settlement for which the word generous would be an understatement. The Filipino people, who are only now learning about what was to be given away in their names because Mrs. Arroyo and her panel of negotiators tried to seal this agreement behind their backs, also have a right to feel betrayed. Presidential spokesmen and other apologists for the deal are being disingenuous when they call the agreement a mere "discussion document" and quibble that it will still require enabling laws, plebiscites, and an amendment of the Constitution before it can be called an agreement. They ask us to believe that recognizing the MILF as the sole representatives of a separatist group and treating them as equals in "a piece of paper" signed in a foreign country by authorized representatives of the Philippine government (including its Secretary of Foreign Affairs) and witnessed by representatives of other foreign governments (including superpower mediator America) has no effect on the MILF's standing in the international community and on our own actions regarding their separatist movement. They should try telling that to the marines in Mindanao. Reading the wordy document, one cannot shake the feeling that the MILF leadership drafted it exactly the way they wanted � they even managed to delete all mention of our Constitution or of a National Government � and the Philippine panel just meekly agreed to it. That, of course, is a tribute to the MILF negotiators and their foreign supporters. Mrs. Arroyo and her panel should, however, consider this a sad reflection on their own negotiating abilities, assuming of course that their goal was actually the national welfare and not just their own personal interests or the interests of some foreign power. Consider just a few of the things the Philippine negotiators agreed to. For one thing, the panel agreed to define the "Bangsamoro" people as "those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization of its descendants" and agreed that "ownership of the [Bangsamoro] homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants." Note that if it is the Spanish conquest referred to, the definition excludes all those who moved to Mindanao only after 1565. Note also that the so-defined Bangsamoro people own what is designated as their homeland "exclusively", with no apparent qualifications for who might own particular areas now. Additionally, the panel agreed to acknowledge "any unjust dispossession" or "marginalization" of the Bangsamoros' "territorial and proprietary rights (and) customary land tenures" and make restitution. This could be taken to mean that land that had been appropriated by Spanish and American colonial authorities or land that had been awarded to homesteaders and settlers for farming or land on which structures like roads and dams and buildings had already been constructed must now be given back. Moreover, "whenever restoration is no longer possible, the GRP [Philippine government] shall take effective measures of adequate reparation collectively beneficial to the Bangsamoro people." That would mean that the Bangsamoro people will have to be paid, presumably by the rest of us. Then, the panel agreed that "the Bangsamoro Juridical Entity (BJE) shall have jurisdiction over the management, conservation, development, protection, utilization and disposition of all natural resources, living and non-living, within its internal waters extending fifteen (15) kilometers from the coastline of the BJE area� (and that) the territorial of the BJE shall stretch beyond the BJE internal waters up to the Republic of the Philippines (RP) baselines�." This is significant because the panel agreed that "all potential sources of energy, petroleum in situ, hydrocarbon, natural gas and other minerals, including deposits or fields found in territorial waters, shall be shared between the Central Government and the BJE in favor of the latter through production sharing agreement or economic cooperative agreement." And this sharing? "All royalties, bonuses, taxes, charges, custom duties or imposts on natural resources and mineral resources shall be shared by the Parties on a percentage ratio of 75% / 25% in favor of the Bangsamoro Juridical Entity." Wow. Now who heads the BJE? Well, it can only be whoever is designated by the MILF signatories of the agreement. The agreement itself gives implicit recognition to the MILF leader as the representative of the entire Bangsamoro people. Note that it is not the MNLF leader. Nor the ARMM governor. Nor the governor of any province. Nor anyone else. With respect to the nature of the relationship between the BJE and the Philippine government, the panel agreed that this "shall be associative characterized by shared authority and responsibility�." That's deliberately vague, but the word "associative" implies a relationship between equals. Other parts of the text shed some light on the intentions: "the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions� (and) is free to enter into economic cooperation and trade relations with foreign countries� (and) open Bangsamoro trade missions in foreign countries." Furthermore, the Philippine government is required to "take necessary steps to ensure the Bangsamoro Juridical Entity's participation in international meetings and events, e.g. ASEAN meetings and other specialized agencies of the United Nations." What is one to make of such munificent provisions other than that the Philippine government has agreed to surrender part of its territory and allow the establishment of an independent state by the MILF? There really seems to be no way of interpreting the proposed agreement except as a deal intended solely to benefit the MILF and its foreign sponsors and Mrs. Arroyo and her factotums personally. What the MILF and its backers get from the deal is abundantly clear. The question before us is, what does Mrs. Arroyo get from this that is so important to her that she is willing to betray her soldiers and the Filipino people for it? Let's guess. (This article may be viewed online at <www.bworldonline.com >. You may address reactions to it to the BW editor at <[email protected]> .) wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww Forwarded to Tapatt by Balita USA) The big mistakes the MILF must not commit AS I WRECK THIS CHAIR By William M. Esposo Thursday, August 14, 2008 The MILF did not win the war in Mindanao. Where they won was in the peace negotiations and with a great deal of thanks to foreign parties at interest who stood to gain once the MILF attains their Ancestral Domain or now called the BJE (Bangsamoro Juridical Entity). But the MILF struggle is far from over. The BJE deal has to pass the scrutiny and approval of the Filipinos who are forever wary of anything the Gloria Macapagal Arroyo (GMA) regime attempts to fasttrack into a done deal. The biggest issue of the BJE deal is that the GRP committed to so many things that violate the Constitution. Even a Supreme Court (SC) that has recently displayed a favorable heart towards the GMA regime will find it hard to justify this issue: How can an officer of the Constitution (like GMA and her negotiators) commit the country to so many features of a deal that violates the Constitution? If the SC TRO that stopped the signing of the BJE deal is any indication, the SC will most likely also junk the BJE deal on the grounds that it violates the Constitution. And that will bring the MILF back to square one. If the MILF will learn the lesson of the founding of the State of Israel, it must note that taking over territory is one aspect of victory but winning and securing the peace is the more crucial aspect of the task. The recent action in North Cotabato is a major setback to the image the MILF should be projecting. What that action projected was an MILF who could not wait for a deal that is properly done. It also projected the MILF as an entity that will grab territory through negotiation or through sheer brute force. Rather than win the confidence of the rest of the country, the North Cotabato action merely reinforced age-old biases and fears about the Muslims. The MILF will do well to keep these in mind: 1. They must allay � not reinforce � Christian mindsets like "Muslims are not trustworthy," "Islamic governance is severe and prejudicial against non-Muslims" and "Muslims are easily inclined to use brute force." 2. Reinforcing Christian fears can lead to a revival of the days of fighting with the Ilagas before martial law. A BJE under a war zone will never develop. 3. The MILF cannot rely on the "total" and "unlimited" support of its main sponsor, the US. The US can easily switch to the opposite side if that suited their interests. US history of the last 70 years will demonstrate that. 4. The worst promoter of the BJE is Madame Gloria Macapagal Arroyo because she does not have the trust of the majority of Filipinos. GMA is so distrusted that something as controversial as the BJE deal can only be rejected out of sheer spite for the local sponsor. 5. Should the MILF succeed in getting public approval, the next big task is to attract development partners in the BJE. The MILF behavior now should confine itself to projecting what will be attractive to potential development partners. 6. The MILF should also be concerned that the other superpower � China � against whom the BJE plan was promoted by the US may decide to play its hand. Neither the BJE nor the rest of the country will want to become pawns in a US-China Cold War. The MILF should bear in mind that in the confrontations with China since the Korean Peninsula War of the 1950s, the US has never won. China helped kick the US out in North Korea, Vietnam and Cambodia. China will easily absorb 100,000 casualties. The US has suffered a little more than 4,000 casualties in Iraq and Americans are already crying to go home. The worst manner by which the MILF can secure the BJE is if it is done by declaring martial law with the help of course of the US. Marcos could not have declared martial law if the US did not support it. An expert in geopolitics who was present in the Vladivostok Accord that ended the Cold War � Prof. Manoling Yap � believes that it was the US that provided Marcos the blueprint for martial law. It certainly coincided with that period when the US was creating dictatorships all over the world because of the US fear of the spread of Communism. Assuming that GMA is able to impose martial law (a big IF considering that she does not have the total support of the AFP unlike Marcos in 1972) and to ram down the throat of the Filipinos the creation of the BJE � that will only provide the legal basis in the future for Filipinos to claim it back and scrap the BJE deal. The MILF can never feel comfortable with a BJE deal that has been secured under those highly questionable means. The MILF cannot also delude itself that a GMA martial law is secured with US support. A mighty China can easily support any group that will attempt to topple the US-backed GMA martial law regime. * * * Chair Wrecker e-mail and website: [email protected] and www.chairwrecker.com OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO To subscribe, send a blank email with the subject heading Subscribe. To unsubscribe, send a blank email with the subject heading Unsubscribe. |