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After more than six years incarceration, Nur Misuari is free—sort
of. The chair of the Moro National Liberation Front was charged with
rebellion, accused of ordering his troops to attack a military
brigade in Jolo, Sulu. After six years, Nur has been allowed to post
bail. Why, and why now?
Is the charge of rebellion a bailable crime?
According to a lawyer friend, “No. However, if the evidence is not
strong, the court may grant bail to the accused.” Several years
ago, I asked a senior official of the Department of Justice about
Misuari’s case and he told me that the case against the former
ARMM governor was weak. Why then did it take more than six years for
the court to decide that the evidence was weak?
A news item yesterday said that Judge Winluv
Dimayas (Branch 59 of the Makati City regional trial court) approved
the bail in accordance with the instructions of the Cabinet security
cluster. Malacañang orders the judiciary to do its bidding? What
a thought! Checks and balances in our system of government require
that the executive branch must not influence the judiciary.
Presidential mouthpiece Ignacio Bunye, interviewed about Misuari,
even said, “We will not interfere with court processes”. Talaga?
So why was Misuari granted bail?
The timing is intriguing. Special Envoy Sayed El
Masry of the Organization of the Islamic Conference (OIC) was
recently in Manila to monitor the tripartite review of the 1996
GRP-MNLF Final Peace Agreement. The OIC is mediating the assessment
of the implementation of the historic accord. While the government
claims it has implemented 100 percent of its commitments, the MNLF
claims that he government has failed. During the 10th anniversary of
the signing of the agreement, Misuari even said the pact must be
resurrected before it can be implemented.
Misuari’s release has been a precondition
demanded by the MNLF and supported by the OIC. “There is light at
the end of the tunnel,” said El Masry last week. Is there light
because the Palace has finally agreed to release Misuari? Is Mrs.
Arroyo caving in to the demand of a foreign institution? How can
this be? (wink wink)
In the surprising move to release Misuari, who
is the chess master and who is the pawn? I also wonder what the
stakes are and what the endgame is.
On the one hand, Misuari’s release on bail is
a smart move for government, a proof of sincerity that the OIC and
Nur’s followers can believe in. Misuari’s people probably
believe that they have won. Have they? If Nur takes any step which
his jailers don’t like, they can whisk him back to jail. What did
Misuari promise? On the other hand, the government has to be worried
that Nur is now accessible to media. It will be more difficult for
the government to hide the fact that the agreement has failed, in
large part because the government has not lived up to its
commitments. Further, Nur can now take action to unite the MNLF. He
can neutralize the recent action of Cotabato City Mayor and MNLF
leader Muslimin Sema to declare himself the new chair of the MNLF. A
united MNLF leadership can make it difficult for the government to
hide the untrammeled militarization of Muslim Mindanao, contrary
to the government’s commitment to support the autonomy of ARMM.
On the positive side, a united MNLF under
Misuari also makes it easier for the government to address the
military-MNLF hostilities which have burdened the people of Sulu.
The government can negotiate with one leader who commands the
respect and loyalty of the rebels holed up in the mountains. A
united MNLF also makes it a little easier to have discussions
between the MNLF and the Moro Islamic Liberation Front, a move that
has been strongly recommended by the OIC. The son and heir of Libya
strongman Khadaffy, Seif Al Islam, tried to broker unity talks
between the two liberation. He failed, in part because Misuari did
not participate.
Since 1996, the road to peace has become more
dangerous. Landmines abound. It is my fervent prayer that Chairman
Misuari will use his temporary freedom to unite the MNLF. He is back
in the driver’s seat. He has the opportunity to steer the MNLF
organization and make it respond to the demands of his people for
justice, peace and development. Take them to the Bangsamoro
homeland, as he promised.
aminarasul@yahoo.com
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