Former Chief Justice Hilario Davide has ruled out the
possibility of the Moro Islamic Liberation Front (MILF) turning away from the
peace agreement to seek an independent state.
Davide made the stance in light of the lawmakers’ lingering
concern that the MILF could just go back to their rebellious ways at any given
time because the proposed Bangsamoro Basic Law (BBL)—the fruit of the peace
agreement between the government and the MILF inked in March 2014—does not ban
the MILF from seceding from Philippine territory at any given time.
By signing agreements with the government, the MILF has
bound itself to the process, Davide said.
“The reason the peace process could proceed in the first
place is because the MILF had already given up its claim for secession. From
its original call for an independent Islamic state, the MILF has indeed made a
lot of compromises in negotiating for greater autonomy.
After signing the Comprehensive Agreement on the Bangsamoro
(CAB), the MILF also signed the annexes on the CAB which include: transitional
mode, power-sharing, wealth-sharing and the decommissioning of MILF combatants,
as well as the Framework Agreement on the Bangsamoro.
“By engaging in a peace process, it will become difficult
for the MILF to gain international recognition—a necessary requirement to gain
full sovereignty, if they attempt to secede. Rather than facilitating
secession, the participation of nation-states and other international actors
and entities in the peace process makes them witness to the fact that secession
is outside the intent or scope of the BBL, and that the Constitution prevails
in all matters,” Davide argued.
Davide said that even if the BBL would expressly provide the
ban on secessionism, such would still be non-binding or effective since a group
that wants to secede would not be under the peace process anymore and as such,
would not enjoy its benefits.
“Those who would claim secession are those who inherently
refuse to recognize the power of government over them and therefore outside of
the reach of the BBL. Any illegal acts that may stem from the demand to secede
can be dealt with by the Constitution, including a creation of a state, which
is prohibited,” Davide pointed out.
“The best protection against secessionism is the passage of
the BBL and its effective implementation to provide a national environment that
allows Muslim Mindanao to develop as part of a diverse Philippines
Likewise, Davide countered the repeated claims of Zamboanga
City Rep. Celso Lobregat that there should be a national referendum on which
provinces will comprise the Bangsamoro Region.
Lobregat insisted by quoting one of the framers of the 1987
Constitution, Fr. Joaquin Bernas, that a plebiscite should be conducted
nationwide to have a constituent effect.
“The Constitution has provided how the plebiscite should be
conducted: that it is to be done in areas that will be affected [by the
measure]. Unless the Constitution is amended, that is how it should be done,”
Davide said.
Under the peace agreement, the plebiscite will be held after
the BBL is passed into law. The plebiscite will include the areas in the
existing Autonomous Region in Muslim Mindanao or ARMM (which will be replaced
by the Bangsamoro Region), as well as the other areas that voted for their
inclusion in the ARMM 2001 plebiscite, namely: the municipalities of Baloi,
Munai, Nunungan, Pantar, Tagoloan and Tangkal in Lanao del Norte, as well as
municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap and
other contiguous areas wherein 10 percent of the total population would want to
join the Bangsamoro.
The former Chief Justice, however, agreed with Cagayan de
Oro Rep. and House Ad Hoc panel on the BBL head Rufus Rodriguez that the BBL
should not be an expanding territory and that the Sharia High Court cannot be
above the Supreme Court.
http://www.manilatimes.net/davide-rules-out-milf-return-to-separatism/179001/
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