Public discussions on the proposed Bangsamoro Basic Law must be about people, not semantics, the surviving members of the 1986 Constitutional Commission say
Surviving members of the commission that drafted the post- Edsa Revolution 1987 Philippine Constitution have come out to declare their support for the establishment of a new autonomous region in
In their
statement, the original members of the 1986 Constitutional Commission (ConCom)
stressed that public discussions on the proposed law must be about the welfare
of the people, not semantics.
The signatories
to the statement are:
Felicitas
Aquino-Arroyo
Adolfo S. Azcuna
Teodoro C. Bacani
Joaquin G. Bernas
Florangel Rosario
Braid
Hilario G. Davide
Jr.
Edmundo G. Garcia
Jose Luis Martin
C. Gascon
Christian S.
Monsod
Ricardo J. Romulo
Rene V. Sarmiento
Jaime S.L. Tadeo
Wilfrido V.
Villacorta
Bernardo M.
Villegas
The rest of the
surviving ConCom members – Ponciano Bennagen, Teresa Nieva, Florenz Regalado,
and Napoleon Rama – are "bedridden or could not be reached," the
statement said.
In their
statement, the original framers of the Constitution did not scrutinize the
specifics of the law nor categorically state that the entirety of the proposed
law is constitutional.
Instead, they
underscored the "vision, spirit and the core principles" behind the
Constitution, which they said "constitute the essential constitutionality
of the proposed Bangsamoro Basic Law."
"We fully
support the creation of the Bangsamoro Autonomous Region," they said.
They added:
"We believe that a new organic law is necessary to fulfill the vision and
spirit that guided the constitutional provisions on autonomous regions since
Republic Act 6734 and Republic Act 9054 have clearly not gone far enough to
give life to the concept of autonomy for Muslim Mindanao as envisioned by the
Constitution."
Congress is presently deliberating the proposed law that
seeks to create a parliamentary form of autonomous government in Mindanao , with greater fiscal and political powers than
the current Autonomous Region in Muslim Mindanao. It will be called the
"Bangsamoro" or land of the Moros. (DOCUMENT: Bangsamoro Basic Law Primer)
This marks the
second phase of the peace process in Mindanao after the government and the
largest organized armed group in the Philippines
At the top of
concerns is whether the proposed Bangsamoro Basic Law is constitutional as it
creates a parliamentary form of government, a departure from the presidential
form that the central government now has.
In Congress
hearings, questions on how power will be shared between the central government
and the Bangsamoro on various aspects, including auditing and electricity, have
been raised repeatedly. (READ: Authority over Lake Lanao: Bangsamoro bill has to be clear)
Senator Miriam
Defensor Santiago has called the proposed law unconstitutional for creating
what she said was a substate instead of an autonomous region.
In the House of
Representatives, Isabela 1st district Representative Rodolfo Albano recently
issued a statement appealing to his colleagues not to "cave in to
political pressure" or "fears on the resumption of armed conflicts in
Mindanao" to pass the Bangsamoro Basic Law without scrutinizing its
questionable provisions.
Albano also
warned against passing a law that was based on a peace agreement signed with
only one rebel group in Mindanao .
The MILF broke
away from the Moro National Liberation Front (MNLF) in the 1970s at the height
of the conflict between rebels and government forces.
In 1996, the MNLF
signed a peace deal with the government. Close to two decades later, the group
maintains that the government has yet to fully implement the pact. With the
government pushing for the peace accord with the MILF, a faction of the MNLF
led by its founding chairman Nur Misuari staged a siege
of Zamboanga in November 2013 to dramatize its exclusion from the peace
process.
Change in
perspective
The original
framers of the Constitution called for a change in perspective in public
discussions on the law – stressing that deliberations should be about people
rather than semantics.
"Social
justice that calls for genuine social change is the central theme of the 1987
Constitution; and here, it is broader in scope and intent than in the 1973 and
the 1935 Constitutions. An interpretation of any relevant provision of the
Constitution that results in war and abject poverty would be contrary to its
intention," they said.
They reminded
lawmakers that the ultimate decision on the Bangsamoro lies in the people –
during the plebiscite to be held once the law is passed in Congress.
To get to this
point, "courageous statesmanship from our leaders and the generosity of
spirit of a united nation" is needed, the ConCom members said.
"The
challenge of the BBL presents to us another chance at national incandescence.
It is within our reach. Let us set aside partisan politics and stop the urge to
exhibit our ability to find nuances of legalism that can delay, or worse,
derail the process, feeding on the cynicism and playing on the fears in the
national psyche that are more reflex action than reasoned response," the
statement said.
Before signing an
initial peace framework with the government, the MILF was a separatist group
that has been engaged in a decades-long struggle for independence.
During the peace
negotiations, the MILF was adamant in its position that the Constitution needs
to be revised in order to give Muslim Mindanao full autonomy.
But the Aquino
administration also stood firm in its position to negotiate a workable peace
deal that is within the confines of the Constitution.
Both sides were
able to keep talks going after the MILF decided to drop its demand for
independence in exchange for full autonomy as the government peace panel agreed
to explore the flexibilities of the Constitution.
Since the final
draft of the bill was submitted to Congress, consultations not only in the core
territories but also in nearby Mindanao provinces, and key provinces in Luzon and Visayas, have been conducted.
Congress aims to
pass the basic law by March, with the plebiscite targeted to come soon after to
give the MILF at least one year to lead the transition towards the Bangsamoro.
The ad-hoc
committee on the Bangsamoro in the House is expected to wrap up discussions on
the proposed law in January.
The Senate,
meanwhile, is set to conduct two more hearings on January 26 and February 2 on
the constitutional issues surrounding the law.
http://www.rappler.com/nation/80618-constitution-framers-support-bangsamoro
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