bangsamoro con chacha

12 October 2012

it does seem like the anticipated bangsamoro deal with the MILF would have the same problematic provisions as the arroyo admin’s MOA-AD that was struck down by the supreme court back in 2008.

the only significant difference is that the mo-ad was presented as a finished product — requiring only a constitutional amendment to allow a kind of federalist substate and then congress saying yes to the whole deal — samantalang this bangsamoro framework is presented as a work in progress — nothing’s final, but here are the points that the government panel and the MILF panel have come to agree on — and from now on govt is engaging the public, esp the concerned mindanaoans, in a process of transition toward the desired bangsamoro substate-sort-of, how nice.  except that, apart for some tweaking here and there, the roadmap is clearly headed in the same direction as the failed moa-ad.

senator miriam has warned us, it would take two constitutional amendments to legalize the abolition of ARMM and the founding of bangsamoro, and i believe her more than i believe dean leonen who is saying that it would not need charter change, but who himself, In one of the early presscons, brought up the possibility of “people’s initiative” (RA 6735) as a way of amending the charter.  surely he knows that the people’s initiative, enshrined in the 1987 constitution, still lacks implementing rules and regulations.  but who knows, they might be sneaking that in right now while they distract us with cyberlibel atbp.?

there is no doubt that the charter change dance is in progress.  last tuesday, just two days after president aquino’s sunday announcement of a peace accord achieved, malou tiquia attended an afternoon forum on federalism in the house of representatives and tweeted about it.  i jumped in upon the mention of pimentel and abueva,  both ardent federalists.

Malou Tiquia ‏@maltiq
On deck at HOR is Forum on Citizen’s Participation on Consti Reform. forum covers federalism. M one of reactors. #Federalism

Malou Tiquia ‏@maltiq
Bangsamoro, Bangsabicol, Bangsavisaya, BangsaIlocos…n the forum starts on federalism…

Malou Tiquia ‏@maltiq
Nene Pimentel presented a complete n very comprehensive plan on federalism. Pepe Abueva on deck.

Malou Tiquia ‏@maltiq
“What is good for Moro ppl is good for all ppl”- Dr. Jose Abueva

angela ‏@stuartsantiago
@maltiq parang we’ve heard that all before. sana someone presents too the negative side.

Malou Tiquia ‏@maltiq
@stuartsantiago which is?

angela‏@stuartsantiago
@maltiq ay, mahabang usapin, let me find links from last time’s debates

Malou Tiquia ‏@maltiq
@stuartsantiago ur own views? What do u fear frm federalism

angela ‏@stuartsantiago
@maltiq not going to change status quo. the powerful ones now will still be the powerful ones in a federal system.

angela ‏@stuartsantiago
@maltiq and the costs of setting up federal govt for every region will be huge. and okay for rich regions with money. what abt poor regions

Malou Tiquia ‏@maltiq
@stuartsantiago that can be dealt with by revising present regional set up where rich n poor can form one fed state

angela ‏@stuartsantiago
@maltiq sounds good on paper, but when did rich ever really share equitably with poor

Malou Tiquia ‏@maltiq
@stuartsantiago valid point!

angela ‏@stuartsantiago
@maltiq Federalism: Issues, Risks and Disadvantages

Malou Tiquia ‏@maltiq
@stuartsantiago thanks! Will raise agam agam

if that’s happening in the house of reps, can the senate be far behind?  what was that wednesday dinner hosted by the president and attended by all but 3 senators really all about kaya.  so it wasn’t about an enrile ouster, obviously, or he wouldn’t have been invited, too.  still it’s hard to believe senator drilon when he says it was just a thank you dinner for their votes to oust corona all of 4 months ago.  we weren’t born yesterday.

senator enrile of course is already a part of the dance, stepping up to contradict senator miriam (who else would dare?) re constitutional amendments.  charter change won’t be needed, he says, while evincing great interest in this experiment in parliamentary govt.

this should remind us that not too long ago, post-corona, pre-brady, pre-memoir, when he was smelling so good and wise, enrile and speaker belmonte joined forces and tried to convince the president about amending the constitution and making national defense a higher priority than education and — the ruling elite’s holy grail – setting the economy free from protectionist provisions.

it’s too bad that the bangsamoro dream keeps getting hijacked to serve the chacha dream of the powers-that-be.  the bangsamoro people deserve autonomy, but only as much autonomy as every other local government unit deserves and isn’t getting either in luzon, the visayas, and other parts of mindanao.  poverty, along with landlessness and joblessness,  is a nationwide affliction, and it is the fault not of the moros and other rural and urban poor who make up, what, maybe 70 %, maybe 80? of the population, rather it is the fault of imperial manila, of a central government that is loathe to share its considerable powers and resources with local governments, despite the Local Government Code of 1991 that mandates decentralization, devolution, and autonomy, complete with implementing rules and regulations.

ARMM is a failure not simply because muslim leaders are corrupt and crooked (hindi lang naman sila), but because aside from “having negligible powers, it was also hostage to the power-brokers in Malacanang.”

Since it was created, the ARMM has been led by local politicians who had been “anointed” by whoever sits in the presidential palace. The first regional governor was the local stalwart of Pres. Aquino’s Laban ng Demokratikong Pilipino (LDP). The second one was a Maranaw protégé of Pres. Fidel V. Ramos. During the third ARMM elections, the FPA with the MNLF has just been signed. MNLF Chairman Nur Misuari was persuaded by Pres. Ramos to run for ARMM governor. Misuari ran virtually unopposed in the 1998 ARMM elections. By that time, a new president had replaced Ramos – Joseph Estrada. Estrada’s term was cut short by another “People Power” mass action at EDSA in 2001 because of a popular perception of his alleged plunder and other crimes against the Filipino nation. The Vice President then, Gloria Macapagal-Arroyo took oath as the new president. Like her predecessors, Arroyo lost no time in directing who will become the new ARMM governor. Along with her power-brokers, she made possible the (in)famous break-up of the MNLF Central Committee, easing out Misuari as its chairman. A so-called “Council of 15” was organized, with Dr. Parouk Hussin as its leader. Eventually, Malacanang also anointed Hussin to be the new ARMM governor. In last year’s elections, a new face in regional politics surfaced as the winner in the contest for the ARMM governor’s post – Gov. Datu Zaldy “Puti” Ampatuan. Despite the declaration of the ARMM as a “free zone” in terms of the most likely to be elected regional governor, there are persistent views that the new ARMM governor is also Malacanang’s bet – he is the son of Maguindanao governor Andal Ampatuan, widely known as Pres. GMA’s favorite local political ally. http://iag.org.ph/index.php?option=com_content&view=article&id=43&Itemid=44

would it be any different for a bangsamoro substate-sort-of?  there is no reason to believe so.  nothing has changed.  let us see this bangsamoro framework for what it is: just another attempt to justify, make it all right for congress to shift to constituent-assembly mode for the sake of the muslims kuno, and while they’re at it, have a go at the economic provisions, and who knows what else.

after what we’ve learned from the cybercime case about how laws are made, how objectionable amendments can be sneaked in, and how some, if not most, senators and reps can themselves be clueless as to what’s really going on, and after how we’ve seen them sit on, literally, the RH and FOI bills, never mind the interests of the majority, t’s obvious that it would be a big mistake to go on trusting our lawmakers to look out for our interests.  what they look out for, administration after administration, congress after congress, are the interests of the few, the ruling elite, of which they are a fundamental part.

NO to chacha.   call me paranoid.

21 Responses to bangsamoro con chacha

  1. October 13, 2012 at 10:55 pm

    I am glad this “Framework Agreement for Bangsamoro Entity” was not sponsored by “USA State Dept or Embassy” which has ramped thru the throat of an illegal govt. the previous MOAD, but brokered by a brotherly Muslim neighbor,a progressive Malaysia, who understands the intricacies of an “Islamic shariah self-ruled govt.” It is easy to be paranoid on the need to accomodate an Islamic substate within a Western style of democracy without touching the very fundamental political structure of the land. For me, it is a welcome beginning but not without a idealogical struggle. If we extend our Muslim brothers our respect and economic opportunities, there will be no religous nor political obstacles.

  2. October 14, 2012 at 4:27 pm

    Peace is a journey by Dean Tony La Vina http://manilastandardtoday.com/2012/10/13/peace-is-a-journey/

  3. October 14, 2012 at 4:41 pm
  4. October 15, 2012 at 2:14 am
    • October 15, 2012 at 7:22 pm

      @AMP: at the stage of confidence-building level where our govt is sincere in forging a lasting peace by extending the hand of cooperation and alliance for a limited self rule without breaking the territorial integrity of our country as a republic state, spoilers like Misuari and his collegues should be sidelined as a factor to derail its implementation since they already had golden chance to prove their critical collaboration in all the previous agreements. The press establishment should try to create an environment where religious tolerance, demilitarization and political peaceful coexistence should be the prevailing consideration.

  5. October 15, 2012 at 5:06 pm
    manuelbuencamino

    Angela,

    Let’s wait for the annexes. Specially the transition commission and the law it will recommend to congress.

    It’s important to see this agreement as a framework for peace willingly and sincerely entered into by both parties. If at all, the mere act of entering into this agreement has already lessened the tension between the GRP and the MILF. Less tension could lead to less violence. If the agreement fails to produce lasting peace then it’s back to a war to the finish because I doubt if either side will be willing to talk peace again, after so many failed peace agreements. So for now let’s enjoy this breathing space and let’s see if we can help make it lasting.

    As to the self-proclaimed constitutional expert Miriam’s unsolicited opinion, she should point out exactly what constitutional provisions were violated by the agreement. Leonen pointed to specific provisions in the constitution. Art 10 sec 15 to 21. She should do likewise and prove exactly which provision is being violated. She should also take it to the SC for a ruling instead of just making epal as usual.

    The MILF is not asking for cha-cha. Their chairman said he believes the framework can be implemented without charter change. He and his peace negotiator have said explicitly that they are willing to work with congress on the basic law and will submit to the results of a plebiscite.
    PNoy is not for cha-cha. I have yet to see any indication otherwise. He thumbed down the joint call of belmonte and enrile.
    Only the usual suspects are for cha-cha. Let’s see they can muster up arguments or a justification convincing enough for the president to change his mind.

    • October 15, 2012 at 5:57 pm

      yes, manuel, benefit of the doubt muna.

  6. October 16, 2012 at 3:31 am
    jonas

    Part of the success of the peace agreement coming to fruition would be the continuity factor which I think would be hard to realize unless an amendment on the constitution with regard to term extension is made. Art. VIII, Sec. 4 read as follows:

    [quote]
    Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time.
    [/quote]

    It might look like an off topic issue in relation to the MILF-GRP agreement but given the past frustrations and disappointments that hobbled and pestered the what is now autonomous region, I think take we should take a serious look on ways of havin the just minted peace accord be preserved and perfected up to the very end to achieve its desired result.

    I’m sure a lot of people will see this as a political ploy to make P-Noy stay in office for another six years and I agree it is a thorny issue. Unfortunately, we can’t help it. The political implication cannot be avoided and some people will resist it. It is what it is. But if we really intend to see this peace process achieve its purpose we really have to give those people in-charge and those who made it possible enough and proper time to allow the connection or integration process between the parties to fully developed. To enable both sides enough time to get accustomed or adapt with each other by providing opportunity to get acquainted and experienced the rebuilding process. Part of that process is the continuing reconciliation effort towards smooth transition to the objectives of the peace agreement.

    If we can do that, it would mean that the new peace pact will not be just a carbon copy of the previous pacts we had in the past.

    • October 17, 2012 at 12:59 am
      jojie-die hard Pinoy

      @Jonas :-) If you believe in the power of prayer, I am sure it maybe off-tangent to say that I my gut feelings or my “cat-like” intuition tells me the Bangsamoro leaders and the Muslim constituents are as ardent believers that they are praying hard for the success of this Framework agreement as their last ace to claim peacefully for their historical right for self-rule which Western govts have stole from them since the coming of the Spaniards. Postulations for a cha-cha speculations are valid but not necessary/urgent in the present political environment. I have worked in Saudi Arabia for more than 20 years and had met some of the supporters and families of this militant organization in the Middle East and have observed that politically they are not for a dis-integration of our people as Filipinos. Some Islamic deviants who are called jihadists maybe violent prone but they are just “rebels with a cause” as our Katipuneros were. With the backing of rich countries like Saudi Arabia, Kuwait, Libya they power for self-assertion was awaken with arms and covert support from these Islamic countries. Let us be reminded we are surrounded by islamic fundamentalist brotherly countries and to ignore them is not to learn and repeat the same mistakes committed by our previous Christian leaders.

  7. October 16, 2012 at 5:32 am
    baycas

    Promise 51: Review and assess the Organic Act on Muslim Mindanao

    Mindanao
    Posted at 07/25/2010 12:51 AM | Updated as of 07/20/2012 1:33 AM

    Status:

    The Promise

    I will immediately convene the Oversight Committee on the Organic Act on Muslim Mindanao (RA 9054) and complete a review and assessment of the implementation of the law. I will issue an Executive Order reviving/extending the function of the Oversight Committee, which was last convened before 2004 and which never completed its task, and impose a deadline for the completion of its work.

    Quote/s
    None

    Source/s
    The Aquino campaign platform: Action plans on Mindanao

    http://www.abs-cbnnews.com/aquino-promises/51

  8. October 16, 2012 at 4:03 pm

    Will the peace accord bring peace? by Francisco Tatad http://manilastandardtoday.com/2012/10/15/will-the-peace-accord-bring-peace/

    • October 18, 2012 at 2:31 am
      manuelbuencamino

      Tatad ????Arrrrggggghhhhh…Hindi ba nagumpisa yan secessionist movement na yan dahil sa katarantaduhan ng dati niyang amo? Read Bobby Tiglao’s latest in PDI, parang hindi siya kakosa nung babaeng gumawa ng MOA-AD. Inatake niya yun Framework Agreement. Sana kinumpara na lang niya sa MOA-AD. Kawawa naman yan si Tiglao, he started out as an idealist and he ended up becoming like Tatad. At least Tatad stayed true, nagumpisang baluktot at magtatapos ng baliko.

  9. October 19, 2012 at 11:02 am

    ‘A Framework with missing Agreements’ by Raul Pangalangan http://opinion.inquirer.net/39014/a-framework-with-missing-agreements

  10. October 19, 2012 at 11:10 am

    A fundamental question re the framework agreement on Bangsamoro by Estelito Mendoza http://opinion.inquirer.net/38870/a-fundamental-question-re-the-framework-agreement-on-bangsamoro

  11. October 19, 2012 at 5:27 pm
    manuelbuencamino

    Raul Pangalan and Lucio Tan’s lawyer raise valid points. However, “How can we consent in advance to terms that do not exist and retroactively write them into the Framework?”. My understanding of the framework agreement is that it is the annexes that brings it to life so to speak. Thus there is no final agreement until the annexes are signed. There is no retroactivity here because the document is live, still in the process of being completed.

    On the question of audits for foreign funds to Bangsamoro. Foreign funders are not going to continue giving funds if they are misspent. It is up to Bangsamoro to prove to their funders that their donations are well spent. As an autonomous body they have to account for their own actions.

    “The Bangsamoro rulers may “block grants and subsidies from the Central Government.” …Why not, if the manna from abroad is more bountiful, and along the way, the better to strengthen the Bangsamoro government’s hand versus its component units, and weaken Manila’s hold.” There could be other reasons, legitimate ones other than the ill motives ascribed, for the Bangsamoro not to accept funding from Manila. Besides, what it does not accept, Manila can spend on other programs. So why not?

    As to recognition of the Constitution by the Bangsamoro. The fact that it submitted itself to constitutional processes – submitting a new law to Congress and allowing Congress to follow its procedures regarding legislation and then subjecting the finished product to a plebiscite – shows that the MILF recognizes the supremacy of the Constitution.

    “But an overplayed agreement referring to nonexistent annexes is a shaky foundation for peace.” It is being played up as a roadmap for lasting peace not as a finished peace agreement.

    “Carving out a regional auditing body defies the historical record and is akin to setting the fox to guard the chicken coop.” The fact is the COA will still audit funds coming from Manila. It is foreign donations that the fox will guard. But that is a problem between foreign donors and Bangsamoro, it really does not concern us. It’s foreign money to an autonomous body, not a cent of the nation’s money is involved in it.

    “Let us instead be sure that all our vows for peace to Muslim and Christian alike are made crystal-clear before we place them alongside our Constitution.” Agree. And that’s why the writing of the annexes and the submission of the new organic act to congress and a plebiscite will be undertaken before a final peace agreement is concluded.

    • October 22, 2012 at 11:39 pm

      As Pnoy has said: “the devil is in the details”.I am keeping my fingers crossed so that the stakeholders will not renegade from their “commitment of peace” as well as that the petro-dollars from the OIC will be allowed to compete with non-Islamic foreign investments and multilateral “aid”, the economic and political determinant in the future negotiations.

  12. November 8, 2012 at 3:17 pm

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