|
I was invited to speak on minority rights at a conference organized
by the Konrad Adenauer Foundation (New Delhi) on “Radical Islam
and Democracy: Indian and Southeast Asian Experiences” on May 6.
Let me share my troubled thoughts with you.
While countries that are included in the
so-called “third wave of democratization” have managed to
successfully incorporate rebel groups into the mainstream political
process, the Philippines stands out as one which continues to be
characterized by seemingly intractable insurgencies: the communist
insurgency and the Moro rebellion in the South. In the case of the
Muslim liberation fronts, their fight for independence was a fight
against the inequity and injustice which have oppressed the Muslim
minorities under the Philippine government. Clearly, peace cannot
come without justice.
The United Nations is clear on who is a minority
and what are minority rights. “A group numerically inferior to the
rest of the population of a State, in a non-dominant position, whose
members—being nationals of the State—possess ethnic, religious
or linguistic characteristics differing from those of the rest of
the population and show, if only implicitly, a sense of solidarity,
directed towards preserving their culture, traditions, religion or
language.” Francesco Capotorti, Special Reporter, UN
Sub-Commission on Prevention of Discrimination and Protection of
Minorities.
“Minority rights” is an international legal
term. Explicit international recognition of the existence of
minorities and group rights emerged as early as 1954 in a
recommendation of the United Nations Subcommission on Prevention of
Discrimination and Protection of Minority Rights.
Rule of law, in theory, is the operating system
which protects against arbitrary governance, whether by a
totalitarian leader or by mob rule. Thus, the rule of law is hostile
both to dictatorship and to anarchy. The concept of “rule of
law” per se says nothing of the “justness” of the laws
themselves. Many dictators have invoked the “rule of law” to
silence legitimate opposition. The prerequisite therefore of a
genuine rule of law is that the law must not be arbitrary and
unjust. It must be the result of a democratic process.
In the democratic process, representation is
crucial. While existing mechanisms are in place to ensure check and
balance and prevent the state’s arbitrary use of power, allowing
minorities to be represented in the major organs of government is
crucial in ensuring minority rights. Are the minorities of the
Philippines adequately represented in the branches of government?
Alas, no.
Does Philippine style rule of law respect the
rights of the Bangsamoro to determine their destiny as a people?
Decades of armed struggle clearly tell us “NO.” MNLF and MILF
continue to be active in fighting against the marginalization of the
Muslim minority groups.
Genuine autonomy and decentralization, granted
under the 1996 GRP-MNLF Final Peace Agreement, continue to elude
Muslim Mindanao. In fact, under the Arroyo administration, the
Autonomous Region of Muslim Mindanao has become the most dependent
of all the regions in the Philippines.
Despite visions of autonomy, the implementation
of the 1996 peace agreement encountered problems in the centralized
system of government. Hence, any agreement on autonomy must require
a corresponding shift in the philosophy of government in terms of
allocation of powers and resources. It must be willing to diffuse
power to allow minority and marginalized groups to empower
themselves.
The ARMM regional government is treated like any
other government department in the budgetary process, and is thus
subject to budgetary decisions by politicians and bureaucrats at the
national level. Its “special case” does not seem to be reflected
in its treatment. According to former DBM Sec. Emy Boncodin, “Only
a negligible 4 percent [of ARMM funds] . . . is completely within
the control of [ARMM Regional Government].”
“The ARMM has no more real or practical
autonomy in deciding on the level and allocation of funds intended
for its politically distinct mandate than other non-autonomous
administrative agencies of national government,” according to a
World Bank Joint Needs Assessment.
The federalism proposal of Sen. Aquilino
“Nene” Pimentel could be the shift in political arrangements
that will finally provide a “lasting solution” to the problem of
separatism in Muslim Mindanao. Senator Pimentel, who recently filed
a resolution for that purpose, states that “unless the Philippine
Constitution is drastically changed or amended, it is impossible to
grant genuine autonomy to the Bangsamoro people.”
In short, federalism will create peace and
prosperity to the country. Perhaps both the MNLF and the MILF should
reconsider their positions and take a close look at Senator
Pimentel’s proposal as the means by which the Bangsamoro can
exercise self-determination.
aminarasul@yahoo.com
|
