With an 8-7 vote, the Supreme Court earlier today declares the Memorandum of Agreement on Ancestral Domain (MOA-AD) unconstitutional. The seven justices who dissented only stated that the issue is moot as the government has pledged not to sign the agreement anymore.
While this seals the coffin of the MOA-AD and the legal issues surrounding it, it fails to accomplish what is really needed: that is, the end of the Mindanao conflict. Unfortunately, with elements in both the MILF and the Philippine government determined at having their way or the highway, it is unclear where or when the journey to peace in Mindanao will end.
Certainly, the question becomes: quo vadis? Where to? Now what?
It does not appear if anyone has a real plan whilst innocent civilians and valiant soldiers from both sides continue to suffer and die. This issue is too important to merely be forgotten in the midst of our political charades.
All of this must end, somehow.
Popularity: 1% [?]
the problem with the constitution is that it prevents us from being creative in formulating solutions, even if that creativity leads to better ends..
Liam,
But that’s precisely what it is for. Remember just how “creative” Marcos was in using the weaknesses of the 1935 Constitution.
This is also where constitutional amendments should come in.
Besides, I sincerely believe that few or none of world’s 170+ countries have provisions in their constitution for giving away land to secessionists to end conflict. If they did, then secessionist movements will become the norm.
In fact, what’s so scary about the MOA-AD is that if it were allowed it will set a precedent wherein secessionist movements will be encouraged to claim “ancestral domains” as bases for forming their own nation-states.
if it is only through that way that human race can experience total and lasting peace, will you still fear for it?
“It is better to build two states and be friends, than build one and become enemies for the rest of our lives” – Simon Perez
The traditional “one-state” approach has become obsolete and ineffective in global conflict resolution, thus prolonging wars instead. International anti-war advocates and peace workers are in consistent pursuit of the “nations-within-state” approach to address secessionist concerns.
declaring the issue moot doesn’t necessarily mean disagreement. i would go so far as to assume that the seven justices would have declared the MOA-AD unconstitutional if the government did not declare its intention not to sign it.
kudos to the olympians of padre faura.
Danilo,
The question becomes: In what way did ARMM fail that can be improved/changed/mitigated so that the MOA-AD would’ve succeeded? It appears to me that there was already a framework for the nations-within-state inherent to the ARMM approach, but it appears that it just doesn’t cut it.
Was it a simple case of the ARMM not covering all the land that the Islamists claim?
Was it a case of enroachment upon the ARMM of clanish warlords who are not supposed to be leading the Bangsamoro?
Was it a case of the toothlessness of the ARMM, per se?
If the BJE does not work, does that mean another faction will demand for yet-more-land and yet-more-amenable-terms or their-own-country-for-real-this-time-and-they-don’t-care-if-it means-more-war?
What will it really take to change the way things are going?
Jester,
Precisely.
glad you brought up the ARMM. we should do a retrospective on what it was, what was its goals, and why it failed to attain the goals.
off the top of my head, i consider the MILF breakaway and resulting conflict the primary answer to the third question.
I hope we could have someone who also has intimate knowledge on CAR. Why did the Cagayan Autonomous Region work, and why did the ARMM fail? Are there fundamental differences in their implementations? Is the earlier better than the latter? Do note that CAR is also an issue over Ancestral Domain, so it would be interesting to look at it both ways.
Danilo,
I would be more receptive to your proposed “two-state solution” if there were more assurances against a three-, four-, or five-state solution, considering the history of the MNLF, the MILF, and the indicative behavior of lost commanders like Bravo, Kato et al. The alleged unity of the Bangsa Moro people is itself a kind of legal and literary fiction.
I don’t see why BJE is the only way to lasting peace. What about ARMM?
CAR = cordillera administrative region.
autonomy was rejected.
good questions, though.
This settles the question that our Ilocoslovakia can’t be our homeland. Our homeland is the Philippines.
Viva la republica unidad de Filipinas!
BTW, The CAR was approved only by one province. Please correct me if I am wrong, I think it was Ifugao.
The Supremes ruled (common sensically) that a single province can’t constitute a region.
ah, djb, you may have missed kato’s assertion that his group is not a “lost command” — or didn’t you? :D
completely agree on the multi-state thinking. MNLF agrees, MILF splits; MILF agrees, kato et al splits; ad nauseam.
i think it sad how the ARMM was not supported by these “splitters”, and they got in the way of peace and development in mindanao.
The choice epithets are reserved for none other than JESS DUREZA, currently Press Secretary, but throughout this whole fiasco, its very architect!
The email from Public Info Office of SCoRP quotes the Majority decision: “In sum, the Presidential Adviser on the Peace Process committed grave abuse of discretion when he failed to carry out the pertinent consultation process, as mandated by EO No. 3, RA 7160, and RA 8371. The furtive process by which the MOA-AD was designed and crafted runs contrary to and in excess of the legal authority, and amounts to a whimsical, capricious, oppressive, arbitrary and despotic exercise thereof. It illustrates a gross evasion of positive duty and a virtual refusal to perform the duty enjoined,”
Wow, DJB. That’s some pretty strong language.
Jon,
Yeah, that was the Good News. But here’s the Bad News. I think they are keeping GMA, their patron saint and goddess, safe and somewhat above the fray. Maybe just a lil slap on a dainty wrist. After all, this is just a purely academic exercise on a moot point. So, after much Sturm und Drang I believe the Court will leave her enough plausible deniability in the very instruments of Jess Dureza’s hanging! Hahaha. Dureza and Garcia become the Scape Goats as she goes trippingly along. Just think. Before she steps down from office (IF, she steps down!) she gets to appoint six or seven to replace that many retiring Justices on the High Court. That’s real power over the legal and judicial professions.
So you believe that ARMM is that perfect model? That ARMM can do a miracle? You should have studied its entirety before saying so. That way, you will know from the very start that ARMM is structurally handicapped, that it has no capacity to sustain its own, that it is not and can never be a model for a real autonomy, a federal state, district, for self-governance, or for whatever; that it is no more than an extension office of the president, that governors are selected by the malacanang in the crafty guise of election, that no governors are elected without the blessing of the malacanang; that ever since, its allotted budget has not yet received 1% of the national budget, that 70-75% of such budget goes to personnel services, that 15% goes to operation and maintenance, that the remaining percentage goes to development efforts around the ARMM, excluding the part that goes to the pocket from malacanang officials down to those corrupt ARMM officials. So what can you expect from it?
Besides, it has no capacity, let alone efforts, to call for an end of war, let alone cessation of hostilities. This is the very important role expected of the ARMM, to be an instrument in solving the Mindanao conflict, to be a safety haven for the Bangsamoro people finally – freed from the age-old war, let alone as agent of social progress and economic development.
And who made this defective structure? Who crafted R.A. 6734? Who made R.A. 9054? If the ARMM is that inutile to fail from its supposed mandate to the Moro people, it is because of the “rigorous thought,” let alone malice, of those legislators in the Congress so that these laws came to their present forms.
R.A. 6734 was supposed to include the Corillera Region, i.e. one autonomy for the Moro people and one for the Cordillera. Fortunately, the cordillerans were keen enough to suspect the malice inherent in the law so that only one province voted for it. It is provided for that a single province can not be an autonomous region so there is only CAR in there.
But not in the case here in Mindanao because the process was facilitated by dirty politicians who have selfish political stakes in the establishment of ARMM. On the other hand, when that Organic Act was amended by R.A. 9054, also known as the “strengthened and expanded” ARMM, aside from detaching away from the letters and spirit of the 1996 GRP-MNLF Final Peace Agreement, it even constricted, let alone castrated, its autonomous power.
Had the ARMM solved the Mindanao problem which is supposed to be the prime purpose of the GRP-MNLF peace talks in 1996, had the Philippine government been sincere in its implementation (i.e. the Philippine government implemented the 1996 Agreement unilaterally, though it is a bilateral agreement) perhaps there shall be no more wars today.
Danilo,
No, we did not believe the ARMM is the perfect model. But we do believe that there should only be one Bangsamoro state, not an ARMM of 1996, a BJE of 2008, a Sarangganistan of 2012, an Islamic Republic of Maguindanao of 2026 ad infinitum.
My questions are precisely to ask what went wrong with the ARMM so that it could be somehow reimplemented to suit the tempers of Islamists like you.
Do you not understand that none of us want this conflict to continue either? We’re as sick and tired of it as you are!
Jon
perhaps what we really need then is a federal state
or a confederacy of states like the ancient greek cities
because honestly, theres no such thing as a ‘national filipino identity’
Jon, Dan, DJB,
what we need is a federalist republic without Mindanao. Mindanao should be turned into an Islamic jahaba.
Pat,
By Mindanao I hope you mean “Western Mindanao”, because Camiguin and Davao del Sur (the places that I’ve been to last month and last week respectively) and the rest of the northern, central and eastern parts are too darn beautiful (and Filipinized?) to give up :P
Liam,
Agreed. I am aware of Cebuanos who would put up a Republic of Cebu with the official language as Cebuano if they had it their way.
The Supreme Court Website has just posted G.R. No. 183591
Jon, You said: “My questions are precisely to ask what went wrong with the ARMM so that it could be somehow reimplemented to suit the tempers of Islamists like you.”
Answer: I think you have to direct that question to the Philippine government, not to me. You know, signing of a peace agreement is one thing while implementing it is different. Usually, it is in the implementation where malice comes in. When you renege from the peace agreement you signed with another; when you fail to comply with your tasks required upon you in the agreement, then you are prolonging the war, in a sophisticated form. The GRP implemented the 1996 Final Peace Agreemnt UNILATERALLY. Did you know that? How I wish you have the track record of it, let alone an extensive research.
If you want that there should be at least one Bangsamoro state, then advice the government to do the same. The realization of your “golden idea” lies in the behavior of your government. If it only shows just a little good behavior in dealing with the Mindanao issue, then it must reaffirm its political will, if it has at least one or even just a half of it.
Now, if the Philippine government, I mean its administration, can not have the face to behave, let alone conscience, it must save its face from forcing the Moro people to join in its mainstream.
jon was trying to ask for your opinion, danilo. it would do well if you enlightened us on it.
asking the government will not give us your opinion on the matter, it will give us their opinion.
Danilo,
You obviously don’t read much of FV beyond the MOA-AD articles. If you did, you would see that we don’t even trust “our government” (as if you’re not covered by it) and its opinion most of the time.
from justice carpio’s concurrence:
Violation of Constitutional Rights of Lumads
Under the MOA-AD, the Executive branch also commits to incorporate all the Lumads in Mindanao, who are non-Muslims, into the Bangsamoro people who are Muslims. There are 18 distinct Lumad groups in Mindanao with their own ancestral domains and their own indigenous customs, traditions and beliefs. The Lumads have lived in Mindanao long before the arrival of Islam and Christianity. For centuries, the Lumads have resisted Islam, a foreign religion like Christianity. To this day, the Lumads proudly continue to practice their own indigenous customs, traditions and beliefs.
Suddenly, without the knowledge and consent of the Lumads, the Executive branch has erased their identity as separate and distinct indigenous peoples. The MOA-AD, in paragraph 1 on Concepts and Principles, provides:
The declaration that it is the “birthright of x x x all Indigenous peoples of Mindanao to identify themselves and be accepted as ‘Bangsamoros’” is cultural genocide. It erases by a mere declaration the identities, culture, customs, traditions and beliefs of 18 separate and distinct indigenous groups in Mindanao. The “freedom of choice” given to the Lumads is an empty formality because officially from birth they are already identified as Bangsamoros. The Lumads may freely practice their indigenous customs, traditions and beliefs, but they are still identified and known as Bangsamoros under the authority of the BJE.
======
“We are the Borg. Your culture will adapt to service ours. Resistance is futile.” – MILF in MOA-AD to lumad communities?
jon, do read carpio’s dissent. you’d find even stronger points why the MOA-AD is no more than used toilet paper.
Quoting: “It is the birthright of all Moros and all Indigenous peoples of Mindanao to identify themselves and be accepted as “Bangsamoros”.” you try to miss the real point here Jester-in-exile when you said, “The declaration that it is the “birthright of x x x all Indigenous peoples of Mindanao to identify themselves and be accepted as ‘Bangsamoros’” is cultural genocide.”
Try to have a basic and objective analysis of the line Jester: if it has been declared, let alone assumed, that “identifying” oneself as Bangsamoro in this respect is a birthright, then rejecting oneself as so is also a birth right. This point is clarified to be so as it is corroborated by the succeeding lines: “The freedom of choice of the indigenous people shall be respected,” which you irresponsibly brushed aside as nothing but “an empty formality.” The declaration you quoted is definite, do not add your own words in it, let alone your skeptical apprehension.
By the way, “lumad” is unindigenous term applied to the IPs. It did not even emanate from the IPs themselves. If I’m not mistaken, it is but a recent state concoction contemporary to the crafting of the 1987 Philippine Constitution. It is a Visayan term.
When looked at the proper context, the BJE tries to tell that the Bangsamoro and the IPs have the equal footing with respect to claim over ancestral domain in Mindanao. The MILF do not deny that, as such it is incorporated in the BJE.
It is just but a tragedy that the IPs had not organized a front to rally and clamor for this right; the same tragedy employed by the Philippine government to mislead them, condition their mind, exploit them and sow discord between them and the Moro people. And as long as the effort dealing with their rightful claim emanates from the government, the IPs can never enjoy real enjoyment of such right. Let them clamor for their rights themselves.
But to make complex, let alone pervert, the issue and say that there had been IPs right before the coming of Islam, or Christianity so as to establish the fallacy about who is the original inhabitants from whom, is maliciously misleading. The Bangsamoro today are also the native inhabitants of Mindanao who embraced Islam at the coming of Muslim scholars and princes. They did not come from somewhere, nor from without but from within Mindanao, as the IPs.
Take a careful note that the BJE does not employ Islam as the measuring stick of pointing out who is the native inhabitants of Mindanao to enjoy BJE. And these are the Moro people and the IPs and nothing else. The BJE clarifies that there are only two peoples now inhabiting Mindanao: the native inhabitants i.e. the Bangsamoro and its brethren IPs and the Christian settlers.
Nonetheless, if examined carefully, there has been due practicality and rationality applied in the BJE i.e. it only covers those Muslim populated areas of Mindanao – not the whole Mindanao; for instance, those barangays in North Cotabato fought for by Pinol are but Muslim populated villages; even so, these Muslim populated barangays in Christian-dominated areas are still subject to plebiscite. You see?
Danilo,
The Supreme Court notes that the MOA on Ancestral Domain violates the definitions and procedures regarding ancestral domain that are found in the Indigenous People’s Rights Act. Among these are the right to public information about things that will affect the status and destiny of ICCs/IPs.
The MOA-AD illegitimately and illegally usurps the rights of lumads and lumps them all under “Bangsamoro”.
Yeah, that is their opinion accorded by their politically partisan posts. Though it opposed the MOA-AD as unconstitutional, SC is but part of the government. So, it’s “natural” for it to have that decision.
I’m just curious about Liam Tinio post here re: October 15th, 2008 1:23 pm:
“perhaps what we really need then is a federal state
or a confederacy of states like the ancient greek cities because honestly, theres no such thing as a ‘national filipino identity’”
Seems nobody’s interested picking discussion with him about it.
Danilo,
I assume you didn’t see that I actually agreed with Liam Tinio. Yes, there’s no such thing as a Filipino identity. Everyone’s a Cebuano, a Bikolano, an Ilocano, a Tagalog, etc. etc.
That is, until they leave the country and become OFWs. For some totally weird reason they start calling themselves Filipinos then.
read the comment again, danilo — you’ve just shot yourself in the foot. those words were quoted from justice carpio’s concurrence.
heh heh. you just inspired me to write a post.
(i’m tickled pink that you think i’m of the same caliber as a magistrate. :D)
yeah, i suppose I should have shot one’s head off here.
I knew it. Danilo is secretly wishing to behead all of us infidels.
Are all Muslims like that?
Are all Christians have that opinion of yours, Jon?
If all they see is your angry banter here in FV, everyone will have that opinion regardless of their religion, Danilo ;)
am i angry? is imitating to become reasonable, as the FV folks are, an act of anger to you?
well, imitation isn’t being. ;)
ok, well believe you me, i still have to practice shooting a gun next, if i may, because i had not yet tried even the short one for the life of me; nor had tried to slaughter a chicken even once, though I know how it is to be done.
anyway, to answer your 11:01, danilo (thanks for the amusing distraction, by the way) — still from carpio’s concurrence:
emphasis not mine, but j carpio’s, if you need ask, as was the emphasis in my 5:30.
and to further clarify why j carpio strikes that down, he said this (all emphasis still his):
===
The MOA-AD divests the Lumads of their ancestral domains and hands over possession, ownership and jurisdiction of their ancestral domains to the BJE. In paragraphs 2, 3 and 6 on Concepts and Principles, the MOA-AD gives ownership over the Bangsamoros’ ancestral domain to the Bangsamoro people, defines the ancestral domain of the Bangsamoros, and vests jurisdiction and authority over such ancestral domain in the BJE, thus:
After defining the Bangsamoro people to include all the Lumads, the MOA-AD then defines the ancestral domain of the Bangsamoro people as the ancestral domain of all the Bangsamoros, which now includes the ancestral domains of all the Lumads. The MOA-AD declares that exclusive ownership over the Bangsamoro ancestral domain belongs to the Bangsamoro people. The MOA-AD vests jurisdiction and authority over the Bangsamoros’ ancestral domain in the BJE. Thus, the Lumads lost not only their separate identities but also their ancestral domains to the Bangsamoros and the BJE.
===
in the MOA-AD, the lumads “lost not only their separate identities but also their ancestral domains to the Bangsamoros and the BJE”…
nowhere in the MOA-AD makes the distinction between “the Moro people and the IPs” that you have quite unsuccessfully tried to present. in fact, i would suggest this phrase, yet again, to apply to the MOA-AD:
merely replace “Borg” with MILF and “Your culture” with “Your people”.
So sorry i only got to find this site only now.
Anyway, a lot of civil society organizations and communities here in mindanao believe that the MOA-AD is not dead. Legal considerations notwithstanding.
And in response to this thread, in the drafting of the content of the MOA-AD, it was agreed by BOTH panels that Bangsamoro refers to BOTH Islamized (moro) and non-Islamized (lumad) natives of Mindanao. This explains the straight-away sentences.
How this came to be prior to the peace talks? Thank the Americans for this. Both Moro and Lumad were lumped together under one political-geographical designation during their occupation: Moro Province. Then the Quezon Commonwealth did a copycat of this: Bureau of Non-Christians (or something like that). Much in the same way that the identity of the Moro began as a derogatory tag from the majority mainstream or the occupying colonizers but was later claimed with pride as the name for a national identity older than the republic, the presumption that “Bangsamoro” refers to both Non- Islamized Lumad and Islamized Lumad would arguably be with basis. Now if there are dissenting opinions about this, well, this is a democratic county, supposedly.
As to who is the Borg, i think its the majority mainstream, whatever they call themselves (Filipino, indio, etc, whatever). Because in this case, the Moro and the Lumad will never allow themselves to be assimilated by the easternized-westernized chopsuey culture that the majority now has. And besides, never in the history of their dominance and control over these two minorities did they show in action and not only in documents that don’t hold much water that indeed the minorities are part of the greater Philippine body politic. Case in point: the five poorest provinces in the Philippines are the very provinces that constitute the ARMM. So why don’t we blame those governing the ARMM? Because they are just mere puppets of the national hierarchy, who during the past administration brought corruption and impunity to new heights. Greater blame rests on national government systems (the so called “ang bulok na systema”), because whoever is in power, political will notwithstanding, you get eaten up alive by the flow of the current. Again, thank the Americans for introducing a brand of system that is only most effective to whites, but not to multi-ethnic brown skinned natives of this archipelago. They are the greater borg. and they have “borgified” the mainstream majority of this country.
So i do not blame those who seek to be restored of their lost right to self governance. Because in this country, for as long as you are a minority, you don’t count. Tell me if the Filipino people is matured enough to elect a Moro or a Lumad (true natives) who has all the traits to be a national leader to malacanang. track record says it wont. Proof: Erap.
So touche.
our opinion doesn’t matter the question is ” Is thre peace in Mindanao”
jenifer,
Well, you can throw a grenade at a plaza in Zamboanga right now and then proclaim to high heavens that the answer is “no”, right?
Oh, to jester in exile. If you would like to delve deep into the mind of a moro, please feel free to google “I am a Moro” and read the article. Maybe you could get insights from it. I just hope to God that you won’t read it with your prejudiced lens in place. It would be good if you could read it from an objective and historical point of view.
God bless us all.
It is probably time to do a ‘review of literature’ in order to enlighten as well as accustom ourselves on how to best analyze the problem in relation to certain policy alternatives, policy outcomes and the like.
Tommy seems to argue more correctly on the matter but then again the search for existing literature on the subject would be most helpful if studies or researches have already been done so we can fully understand not just the context but the content as well of erecting, if it should be erected, a Bangsamoro Republic.