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In my conversations with friends from the Moro Islamic Liberation
Front (MILF) community, I used to ask if they would not prefer to
sign the agreement after an amendment of the Constitution. To my
mind, this would ensure the successful implementation of the
agreement. The response I normally got: “That is their problem.”
Dear readers, it looks like it is now our
problem.
Earlier, Local Government Secretary Ronaldo Puno,
commenting on the government’s strategy for signing a peace
agreement with the MILF, said: “The government should stop
pursuing a peace agreement with the Moro Islamic Liberation Front if
the means to achieve this objective is unconstitutional.”
Secretary Puno even warned that the government
must be prepared to go to war if the MILF does not accept the need
of the government to abide by the rule of law and follow the
dictates of the Constitution.
A month earlier, following the aborted
Philippine Government-MILF talks in Kuala Lumpur, Executive
Secretary Eduardo Ermita made a similar statement, that the peace
agreement to be signed must be within the framework of the
Constitution. That remark is strange, coming from Secretary Ermita.
In 1997, to avoid confrontations during
negotiations, the government agreed not to raise the issue of
sovereignty and territorial integrity of the Republic. In exchange,
the MILF agreed not to raise the issue of independence. A couple of
years ago, when the GRP and the MILF started to tackle the
contentious issue of domain, I remarked that the government panel
could not possibly deliver on any promise with regards to territory
without violating Philippine law.
Ten years after, we are back to confrontations.
The MILF, which does not accept the Philippine Constitution, will
not be governed by it. The Executive, which is supposed to follow
and support the Constitution, is now in a fix.
What makes me truly curious is the fact that
Secretary Ermita and Peace Adviser Jess Dureza were privy to all
negotiations, including the formal talks with the MILF held in Libya
(June 2001), where the government panel agreed that the Philippine
Constitution would not serve as a framework for negotiations.
Instead, international law would be the basis. Atty. Musib Buat, a
member of the MILF panel, reminds all that the Tripoli Agreement on
Peace of June 2001 states that, “[The] negotiation and peaceful
resolution of the conflict must involve consultations with the
Bangsamoro people free of any imposition in order to provide chances
of success and open new formulas that permanently respond to the
aspirations of the Bangsamoro people for freedom.”
“Free of any imposition” and “open new
formulas.” The way out? Charter change. Here we go. Another way to
skin a cat that refuses to be skinned.
Charter change or Cha-cha has been proposed
before and successfully rejected by the Filipino people. Leaders of
the Church, opposition parties and civil society have banded
together to oppose the moves of the Palace and Congress. Remember
the cancellation of the ASEAN Summit in Cebu because of the huge
anti Cha-cha demonstrations being planned in Manila?
That Palace strategy failed. Looks like another
strategy is being put together, this time to accommodate the very
laudable goal of peace in Mindanao.
Will the MILF dance? Difficult to say. The MILF
itself is not a monolithic structure. There are at least two
powerful groups in control: the religious and the pragmatists. The
government cannot dance the Cha-cha with two MILF partners. It is
fortunate that the MILF leaders, through consensual deliberations,
are on the same page with regards to the peace talks. However, I
wonder if the MILF religious leaders are not wary of some moves by
the more pragmatic MILF political leaders. Especially when
Secretaries Puno and Ermita are waving the banner of the
Constitution.
In the meantime, the GRP-Moro National
Liberation Front (MNLF) Technical Working Group meetings have been
concluded (January 2 to 7). Contentious at times, both sides have
presented their assessments and proposals. The agreement? Pass the
buck to the higher-level tripartite meeting.
How will the discussions with the MNLF factor
into the talks with the MILF? More on this next issue.
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