Mohagher Iqbal, chair of the MILF peace panel and concurrently of the Bangsamoro Transition Commission, meandered awhile emotionally in his welcome remarks at the launching of the Transcom in Pasig City last April 3 then settled down to business: “[L]et me … address the imperatives of the Bangsamoro Transition Commission and outline the MILF view of the Transition Commission.”
The “MILF view”
together with the “imperatives” of the Commission gives a preview
of the Bangsamoro Basic Law the Commission will draft. The guidelines are set
in the Framework Agreement on Bangsamoro and in Executive Order No. 120. These
may have identified and defined the imperatives but the views of the Transcom
members will shape the specific provisions.
Not New
Iqbal has given
notice that he as Transcom chair and the seven MILF members will assert
the MILF view of the imperatives and other concerns. This is consistent with
his final point in his opening statement at the 37th Exploratory
Talks last April 9 restating not a new position but one in continuum from
January 7, 1997.
Last April 9, Iqbal
recalled: “Finally, let me remind ourselves that our peace negotiation has
only one agenda: ‘How to solve the Bangsamoro Problem or more correctly,
Bangsamoro Question.’This agenda was decided by the parties at
the beginning of the current peace talks in January 1997 and it has guided the
parties since then. Therefore, all our efforts and agreements, though sometimes
very incremental, are designed to address this problem especially the root
causes.” (Emphasis ours)
He stressed the
Bangsamoro interest at the core of the solution: “Therefore, to say that the
solution that we envision to address this question ‘must be
acceptable to all’ must be taken in the context of acceptability by
the people that such formula suits a particular group, in this case the
Bangsamoro.” (Emphasis ours) “Parties” in the above paragraph
means “Government and MILF panels”; “we” means the same.
He clarified what “acceptability”
is not and stated the MILF view of the FAB with unmistakable special
reference to BBL: “Acceptability does not in any way mean the right
of veto power of the majority because the formula does not suit their taste or
redound to their direct benefit. A special problem requires special
prescription; hence, the asymmetrical arrangement that the Framework
Agreement on the Bangsamoro (FAB) has envisioned.” (Emphasis ours)
MILF Views with Imperatives
Iqbal discussed ten views
with imperatives concerning the TC and the drafting of the BBL.
The discussion is vital to the proper understanding of the direction of the
peace process at this stage. There are these MILF views tied to
the talking point agreed on the first day of the GRP-MILF negotiation in
January 1997. How do they relate now to the views of Government
and of the stakeholders?
After Iqbal’s
discussion, media should have asked him to elucidate the MILF views.
Unfortunately, the Manila media reporters at the press conference immediately
after the TC ceremonial program, more interested in the Sabah
question than in the Bangsamoro Problem, did not dwell much on Iqbal’s
discussion. Whatever might have been asked never saw print.
Iqbal’s discussion:
“First and
foremost, the MILF views the Commission
as its first initial partnership with the GPH. As such, it shall endeavour to
reach consensus with representatives of the government on major decisions in
the course of its work. We shall not work against each other but instead work
with each other.”
The imperative
is working in partnership. “Representatives of the government” are the seven
Transcom members nominated by Government; they are Moros. Will the partnership
hold if MILF view of Bangsamoro interest conflicts with Government’s?
“Second, the work of the Commission shall be devoted principally
into transforming the Agreements of Parties, the Framework Agreement on the
Bangsamoro (FAB), and its Annexes as well as other Agreements of the Parties,
into a legislation envisioned to establish a new Bangsamoro Political Entity
that embodies the political, economic, social and cultural aspirations of the
Bangsamoro.”
The imperative
is to draft BBL to establish Bangsamoro as the fulfillment of the “political,
economic, social and cultural aspirations” of the Moros. In principle,
Government agrees. Will it fully agree with all the specific provisions?
“Third, the TC shall be open, transparent and participative in its approach. While the MILF acknowledges the fact that the major principles has been agreed by the parties in the negotiation, the specific translation of these into mechanisms, institutions shall be open to public participation.”
“Third, the TC shall be open, transparent and participative in its approach. While the MILF acknowledges the fact that the major principles has been agreed by the parties in the negotiation, the specific translation of these into mechanisms, institutions shall be open to public participation.”
The imperative
is the openness of the TC to public consultation and participation. How much of
the inputs from public consultations is TC willing to consider? This can either
sweeten or sour public esteem.
“After all what we
envision to build are institutions for our people and never solely for the
MILF. Beyond this, as an organization, we are open to adopting new and
innovative practices born out of principles that we all share, such as cutting
edge and innovative ways in government service delivery that uses the latest
information technology.”
The imperative:
Bangsamoro is not for MILF alone. MILF is receptive to change and innovative. How do other Moro leaders understand this vision?
Double-edged, it can either unite or divide.
“Fourth, the institutions we envision to create under the Basic
Law shall feature mechanisms for inclusivity and public participation to ensure
a dynamic and robust government able to engage with all stakeholders and
address the concerns of its constituency. It shall further entrench appropriate
measures of transparency and accountability to its people.”
The imperative:
Bangsamoro is inclusive, dynamic, robust democracy. The vision is not
self-operative. Its fulfillment will depend on how the Moro leaders rule and
how the Moro people respond. Are the Moros prepared for the challenge?
“Fifth, the Basic Law shall entrench the new relations between
the Bangsamoro and the Philippine government founded on the principles of
parity of esteem, mutual respect, self-sufficiency and cooperation and
continuing dialogue to further enhance this unique and special relations that
both respects and recognizes our unique history but brave enough to face all
possibilities in the future.”
The imperative:
The BBL will embody principles defining the partnership (new relations) of
Philippine Government and Bangsamoro. MILF will specifically define. Will
Government fully abide?
“Sixth, The TC, as the first formal engagement of the MILF with
the government, shall mirror some of the features we envision for the new
Bangsamoro government such as:
- A lean but competent bureaucracy;
- Features
of transparency such as an interactive website where people can send their
suggestions and recommendations;
- Constant
public consultations to build consensus and embrace divergent views to
build a common and shared vision;
- Consciousness
on the need to apply resources where it is most needed; and
- And more importantly able to partner with other institutions to move forward.”
The imperative:
These five features of Bangsamoro the TC will adhere to.
“Seventh, the TC shall envision a government guided by the Quranic
principles on religious freedom. Allah says: “Let there be no compulsion in
religion. Truth has been made clear from error. Whoever rejects false worship
and believes in Allah has grasped the most trustworthy, handhold that never
breaks. And Allah hears and knows all things.” [Sûrah al-Baqarah: 256]”
The imperative:
Religious freedom in Bangsamoro is according to Quranic principles. How can the
Quranic passage quoted be reconciled with “worship and belief” in Christianity
and other religions?
“Eighth, the TC shall be open for partnership both with local and
international actors/organizations. As we commence several transitions, from
rebels to governance, from organization to government, from combatants to
community builders, we recognize the imperative to see best practices,
universal standards, other peoples’ experiences so that we need not
continuously reinvent the wheels. However, we shall always keep in mind the
principle that “context is king”.”
The imperative:
In drafting the BBL, the TC will consult local and international “actors and
organizations” and welcome inputs from them. How much of the inputs will TC
consider?
“Ninth, The Basic Law must entrench the Bangsamoro not because
it is supreme over the others but because it is an essential and indispensable
heritage of this country, nay even of the world.”
In this “view”,
Iqbal explains that the “uniqueness of the Bangsamoro is the only meaningful
contribution” of the Moros “to the richness of this country or even of
the world” and it should “not be a source of conflict but an important
piece in our quest for harmony”.
The imperative:
Bangsamoro is “an essential and indispensable heritage” of the Philippines
“Tenth, the Transition Commission can only begin its substantial
work when the Annexes are completed. The acts of completion must be undertaken
immediately. It is therefore urgent that we complete the Annexes by taking the
hard political decisions. The issues remaining in the negotiations have been
simplified and the positions of the parties clarified. We must seize the moment
now.”
The imperative:
Complete the Annexes so the TC can begin drafting the BBL. Will this be done in
the May post-election 38th Exploratory Talks after missing the five
monthly target dates starting December 2012?
Relating to Annexes?
The Annexes are
viewed by MILF as essential and imperative to the drafting of the BBL by the
TC. They are at the core of the MILF’s quest for political settlement that has
not changed fundamentally in 16 years. But they must be posing policy, legal
and other problems that restrict Government’s commitment to satisfy that quest
as can be seen in the length of time it is taking Government to study them. The
Aquino government can commit only what it can give. Which of the annexes can it
commit and give?
MILF will accept only
a political settlement that will solve the Bangsamoro Problem. This solution
was agreed in the Memorandum of Agreement on Ancestral Domain which was only a
framework of a Comprehensive Compact. In declaring it unconstitutional, the
Supreme Court did not nullify it but ruled it could be reframed as a peace
agreement between Government and MILF. That MILF did and presented it complete
with annexes in an organic law format to the Aquino peace panel as its proposed
draft agreement.
The government panel
rejected the draft in its format but after months of negotiation signed the FAB
which if closely examined is basically the reframe of the MILF
peace draft minus the annexes – the reframe of the reframed MOA-AD.
This Government can commit and has given; this MILF has accepted. While MILF is
ready to sign the Annexes, Government is not – still deciding what to commit
and give.
Fr. Eliseo “Jun”
Mercado, OMI, last April 12, posed critical questions in Kusogmindanaw
online discussion loop: “What is happening in the GPH-MILF Peace Talks?”
– noting the postponements of the signing of the “Annexes and the Comprehensive
Peace Compact” since December 31, 2012 “when they should have been
completed” by that date. Then, “What is the real score beyond the
motherhood statements that they keep repeating for the nth time? Those
statements insult the intelligence of people.”
We sent to GPH Panel
Chair Miriam Coronel-Ferrer a copy of our article, “Annexes Shrinking the
Time Line” (MindaNews, April 14) where we quoted in part Fr.
Mercado. Her response: “We understand the anxiety and share the desire to
complete the annexes asap. But at this stage we believe prudence and
flexibility will get us faster to our ultimate goal of solving the complex
‘Bangsamoro problem’ irreversibly.”
GPH Chair Ferrer
speaks in paradox. MILF and TC Chair Iqbal seen in both his April 3 Welcome
Remarks and April 9 37th ET Opening Statement enunciates
the MILF views and imperatives. In response to Father Mercado’s question, the “real
score” can be in the conflict of Government and MILF views and
imperatives.
http://www.mindanews.com/mindaviews/2013/04/18/comment-milf-view-of-the-transcom/
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