Wednesday, August 6, 2014

MINDANAO PEACE IN JEOPARDY? | Palace bares more delays in BBL passage as MILF cries foul

From InterAksyon (Aug 6): MINDANAO PEACE IN JEOPARDY? | Palace bares more delays in BBL passage as MILF cries foul

The historic peace settlement for Mindanao could be in danger of unraveling after Malacanang on Wednesday admitted the draft Bangsamoro Basic Law may be passed in the first quarter of 2015 instead of December and the Moro Islamic Liberation Front accused the government of going back on its word.

Even with the delay, Palace spokesman Edwin Lacierda said there would still be enough time to conduct a plebiscite on the creation of the new homeland and put in place the Bangsamoro Transition Authority next year, ahead of the 2016 elections.

"We are certainly still hoping for the best ... We hope we can expedite the process," Lacierda said in a briefing aired over state-run Radyo ng Bayan.

He said the leaderships of the Senate and House of Representatives were just being "practical" in extending the target period for the passage of the draft BBL.

'Time running out' - Speaker

On Monday, Speaker Feliciano Belmonte Jr. said the continued delay in Malacanang’s submission of the draft BBL to Congress made it impossible to commit to the passage of the measure by year’s end.

"Time is running out. Moreover there are many congressmen from Mindanao who would be more concerned,” Belmonte said.

The government and the Moro Islamic Liberation Front peace panels are currently in Davao City working to break an impasse over the draft law, which is the result of the Comprehensive Agreement on the Bangsamoro signed by both parties in March to end decades of fighting in Mindanao.

A breakdown would risk a return to violence and a blow to hopes for an economic revival for resource-rich Mindanao as potential investors in sectors such as agriculture and mining wait on the sidelines for the peace deal to be implemented.

Large companies such as food processor Del Monte Pacific Limited, which has a pineapple plantation in Mindanao, had said they were considering expanding operations after the deal.

But most major foreign companies have held back pending evidence of a lasting settlement.

Under the pact, the MILF agreed to disband its guerrilla force and rebuild communities in exchange for wider powers to control the region's economy and society.

The joint Bangsamoro Transition Commission agreed details of the region's powers and relations with the central government this year, submitting a draft law for approval by Congress.

'Unacceptable'

But the hitherto smooth progress has stalled after Aquino's legal team made surprise, sweeping changes to the draft law which the MILF says contravene the earlier agreement and would place unacceptable limits on their autonomy.

"We cannot accept this proposed law as it is," Mohagher Iqbal, the MILF's chief negotiator, told Reuters.

"We will lose face if we agree to this. Their version clearly departed from the letter and spirit of the peace agreement, which was the basis in crafting the proposed law."

Iqbal's comments to Reuters are the first public indication that the agreement is close to collapse.

He said about 70 percent of the nearly 100-page draft BBL was either deleted or revised by Aquino's lawyers, who reviewed the document for two months after it was submitted in late April for vetting.

A copy of the revised legislation seen by Reuters showed entire sections of articles on territory, resources, and government structure had been deleted or revised.

Aquino’s capital fades

The peace deal -- including provisions on revenue sharing between the new region and the national government -- was the product of more than 17 years of negotiations, brokered by Malaysia since 2001.

Analysts say the law appears to have fallen victim to recent legal and political setbacks suffered by Aquino, whose approval ratings have dropped after his flagship Disbursement Acceleration Program was declared illegal by the Supreme Court last month. He faces three impeachment complaints in Congress.

That has made Aquino, whose presidency has two years to run, wary of a new battle with the high court that could arise if the BBL contravenes the Constitution.

"The President could have easily persuaded Congress to approve the Bangsamoro law if he still enjoyed a high popular rating. But he is facing a serious credibility problem because of his economic stimulus package," said Julkipli Wadi, a professor at the University of the Philippines.

The government's chief negotiator, Miriam Coronel Ferrer, denied the government had reneged on key pledges but said the proposed law had to be in line with the constitution.

"Let's not point fingers at each other," she said. "There were difficulties in the drafting of the law but the president is not afraid to gamble his political capital for this issue."

The revisions by Aquino's team seek to bring crucial elements such as resource sharing and taxation in line with the Constitution, making the proposed new autonomous region more dependent on the central government for economic policy and law making.

A higher degree of autonomy for the region could require Aquino to push for Charter change, which he is unwilling to do despite having large enough majorities in Congress.

Aquino has promised the autonomous region would be in place by January 2015. Following that, a referendum on whether to accept the new law will be held in Muslim Mindanao.

"The president should agree to amend the constitution and grant full fiscal autonomy, otherwise the rebels will reject this arrangement," said an independent lawyer who is involved in discussions to resolve the problem.

"The talks are getting harder. I am afraid the rebels will go back to war if this process fails."

Investments on hold

There have been no clashes between the MILF and the army since 2011, but tension remains high in a region that is rife with poverty, guns and extremist Muslim splinter groups that have resisted joining the peace settlement.

"Challenges on the ground are very real," Rommel Banlaoi, director at the Center for Intelligence and National Security Studies, told Reuters, saying some MILF commanders are getting impatient and unhappy with the delay.

More than 120,000 people have been killed and two million displaced by the conflict in western Mindanao, a Muslim majority area.

Renewed violence would wipe out the goodwill and increased business confidence since the March peace deal, said Ishak Mastura, head of the regional board of investments.

About P2.5 billion (£33.8 million) in investments were registered in Muslim Mindanao in the first half of 2014, the highest in its history, Mastura said. Investments rose to nearly 1.5 billion pesos in 2013 from 569 million pesos in 2012.

http://www.interaksyon.com/article/92743/mindanao-peace-in-jeopardy--palace-bares-more-delays-in-bbl-passage-as-milf-cries-foul

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