• The word “Bangsamoro” is the real conundrum

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    The use of  the word “Bangsamoro” in the proposed law for the autonomous region or sub-state in southern Philippines should be the starting point in the discussion and review of the bill now pending in Congress. It is the central conundrum that has bugged the nation for months and makes the legislation so problematic and controversial.

    Compared to this, President Aquino’s anxiety to see the bill passed in time for his state of the nation address at the opening of the next regular session of Congrss on Monday, July 27, this year is inconsequential. And so is his intent to make the BBL his principal legacy at the close of his presidency on June 30, 2016.

    The word “bangsa” is Malay, which means “nation.” It was grafted to the name “Moro”, which the Spanish colonizers gave the Muslims in  Mindanao, when they found them to have the same religion and folkways as the Muslims of North Africa, who ruled the Iberian Peninsula for several centuries up to the Reconquista, when the Moors were overthrown.

    “Bangsa” and “moro” were conflated to form “Bangsamoro” to denote the Muslims in Mindanao in order to suggest distinct nationhood.

    Nur Misuari of the Moro National Liberation Front (MNLF) was the first to use Bangsamoro to describe the front’s bid to create a separate and independent state out of areas in the south with predominantly Muslim populations.

    Until Benigno BS Aquino 3rd became our president, no president of the Philippine Republic and no administration has signed any document that explicitly used the term “Bangsamoro” to refer to Filipino Muslims or their various forms of self-government and aspirations. For sound reason. To admit “bangsamoro” in state documents is to give recognition to a Moro nation, which is not allowed by the 1987 constitution and previous constitutions of our nation.

    In an enlightening paper entitled “The Struggle of the Muslim people in Southern Philippines: Independence or Autonomy,” Dr. Temario Rivera of the University of the Philippines and the Christian University of Tokyo wrote this  revealing passage:

    “In pursuing its project of an independent Bangsamoro, the MNLF under Misuari stressed the geographic boundaries of the pre-colonial , traditional Moro homelands as the territorial base of this proposed entity which , however, now comprises mostly Christian-dominated provinces.

    “In recognition of this reality, Misuari therefore uses the concept of the Bangsamoro to include the Muslims, Christians, and the indigenous highlanders in this area. To show that this political project is not only for Muslims, the MNLF has also sought the support of non-Muslim personalities and groups, particularly those who resent the political and economic marginalization of Mindanao by the Manila-based central government.”

    When  the Moro Islamic Liberation Front (MILF) and its leaders use ‘Bangsamoro,” they do not mean the same thing as Misuari and the MNLF.  According to Rivera, “The MILF has officially sought a more Islamic identity for its movement with Islam as its official ideology. One of the main charges of Hashim Salamat against Misuari when he led his supporters to break away from the MNLF was that the leadership was being manipulated away by Misuari from Islamic bases, methodologies and objectives, and was fast evolving towards a Marxist-Maoist orientation.”

    Until Aquino and his negotiators came along, Bangsamoro was never used in the formal agreements that the Philippine government signed with the MNLF viz, (1) the Tripoli Agreement  between GRP and the MNLF dated December 23, 1976; and (2) the final agreement between the GRP  and the MNLF dated September 2, 1996.

    The enabling law to implement the final agreement, Republic Act No. 6734, an act to Strengthen and expand the Autonomous Region in Muslim Mindanao (ARMM), does not refer to a Bangsamoro.

    President Gloria Macapagal-Arroyo came close to affixing her name to an agreement bearing the name of Bangsamoro, when her administration negotiated and agreed to the Memorandum of Agreement on the ancestral domain aspect of the GRP-MILF Agreement on Peace of 2001, which was set for signing on 5 August 2008 in Kuala Lumpur, Malaysia.

    By any measure, the Memorandum of Agreement on Ancestral Domain (MOA-AD) would have represented a radically substantial recognition of Bangsamoro’s historic claim to an ancestral homeland, which would have been complemented by the creation of a new Bangsamoro Juridical Entity (BJE) with radical powers and authority.

    It was fortuitous that the Supreme Court, in response to petitions filed by opponents of MOA-AD, stopped the scheduled signing in Malaysia.

    Rivera notes: “One extremely contentious procedural issue was whether the MOA-AD was not just “a mere listing of consensus points” but an immediately binding agreement upon signing and with consequent favorable effects on the international standing of the BJE as a legal entity.  A related point raised by critics is the charge that President Arroyo had no authority to commit to the MILF that Congress and the Filipino people will amend the 1987 Constitution to conform to the principles and provisions of the MOA-AD.”

    The backlash of negative public opinion doomed MOA-AD to an early death. It was quietly set aside. And this impelled rethinking “out of the box” in the forging of a workable peace agreement between the government and the MILF.

    What Arroyo could not commit, Aquino has generously supplied.

    With the accession to office of President Aquino, who was eager to win a Nobel Peace Prize with a working and effective peace agreement, peace advocates and negotiators on both sides tested new “out of the box” ideas in the peace process.

    One of these ideas was the brainstorm of bringing President Aquino and top MILF leaders to Tokyo for a quickie.

    The next idea was the accelerated negotiation and writing of a comprehensive peace agreement, with Bangsamoro spelled out in the very title of the document.

    The crowning  idea was the passage by the Philippine Congress of a Bangsamoro Basic Law (BBL), which embodies everything that Moro rebel leaders have long dreamed about.

    To reach an intelligent decision on this important measure, members of both houses of Congress should individually review all existing agreements and documents that shed light on the problems and challenges.

    Congress needs to listen to the counsel of people, who, while outside President Aquino’s circle of cronies  and advisers, have the highest interest of the nation at heart and are no less ardent in their desire for peace and stability in Mindanao.

    Notable, for instance, is  the counsel offered by two retired justices of the Supreme Court, Justice Vicente Mendoza and Justice Florentino Feliciano.

    Justice Mendoza believes that the BBL provision that allows the creation of a parliamentary form of government in the Bangsamoro region is unconstitutional.

    “The provisions on the Bangsamoro government are unconstitutional. Must our Constitution be violated in order to have peace and development in Mindanao? You can have peace and development without violating the Constitution,” said Mendoza.

    A parliamentary government in Bangsamoro makes it “asymmetrical to the government of the Philippines and symmetrical to the government of the Federation of Malaysia,” he said.

    For his part, Justice Feliciano says the BBL alone  cannot bring peace to Mindanao, and he asked how the BBL can bind members of the MILF when they are considered insurgents.
    “Insurgents are rebels fighting a sovereign state. Rebellion is a serious offense against the Republic,” he said.

    Feliciano also expressed apprehension that foreign states and foreign corporations would be anxiously waiting to secure exploration permits from the Bangsamoro entity over Mindanao’s most strategic resources like oil, gas, and minerals.

    “The government and the republic must be prepared to defend by all means… those resources,” the retired justice said.

    Congress should not decide on the mere say-so of President Aquino, or a wishy-washy peace council, or opinion writers.

    We are all fallible in our judgments. And nobody has a monopoly of wisdom on this problem that has challenged this nation and its leaders for centuries, including the passing overlords of the archipelago.

    yenmakabenta@yahoo.com

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    9 Comments

    1. CONGRATS YEN! I appreciate your erudite wide-ranging knowledge of BBL and its collateral issues affecting all of us. Continue the good job.

    2. Amnata Pundit on

      Lets transcend all these legal arguments and look at the bigger picture because this thing goes beyond legal and constitutional questions. The MILF was a splinter group born out of the MNLF. This split happened after Cory, in one of her most stupid decisions, revived the already defeated MNLF by meeting with Nur Misuari against the advice of all the Mindanao War veterans. Then FVR inexplicably gave the MILF their camps which they are now calling their Bangsamoro territory. Erap kicked them out of all these camps in a two month war that killed hundreds of our soldiers, only for GMA to give them all back again without an explanation. Now we are at this point with this Boy Sayad. The pattern is clear, the yellows, not just this present occupant of the Palace, are bent on giving Muslim Mindanao away to an Islamic armed band at that! And this Islamic group is backed by Amerika who, strangely, is at war with similar Islamic groups in the MIddle East and now Africa. This balkanization of Mindanao, like the American led balkanization of Yugoslavia in the 90’s, is an American initiative. Vladimir Putin said only recently that “It seems that every time America touches something, they end up with Libya or Iraq.” The yellow regime will succeed itself in 2016 for sure, the combined farce of SWS surveys and the Smartmatic aided Comelec canvassing will take care of that. Which means whatever happens under this BS, the balkanization agenda will be continued. Unless we install a government led by a president who can say no the kano( like FM and Erap), war in Mindanao is inevitable.

    3. Bangsamoro means moro nation. Basic law is another term for fundamental law. We refer to the Constitution as the fundamental law. In other words Bangsamoro Basic Law simply means Bangsamoro Constitution. No different from Philippine Constitution. So, we are creating a new nation. Round 2 will be Bangsamore joining the Federation of Malaysia.

    4. It is true that the use of Bangsamoro is negative to most Filipinos. The question is why make a Muslim Nation in the south?

    5. Allen Skeen on

      To the Editor,
      Why is the finalizing of this extremely important bill, being expedited by the President before the general elections 2016? Surely the elections will a referendum on the acceptance of the proposed law that will effect all citizens. I have a vested interest in the outcome of the policy as many of my family reside in Mindanao.

      • E. G. Festin on

        Because he wants it to be used in his nonimation for a NObel Peace Price. And he wants to be able to crow about it in is next State of the Nation Address–as if anybody still believes in him.

    6. “The provisions on the Bangsamoro government are unconstitutional. Must our Constitution be violated in order to have peace and development in Mindanao? You can have peace and development without violating the Constitution,” said Mendoza

      Mendoza is rightnthat we can have peace without violating the Constituiotn.

      On the other hand, what we also have Bangsabisayano, Bangsakatoliko, Bangsaigorote, Bangsawhatever like Bangsamoro? It is only fair if others will have their own Bangsa. However, the Philippines will fracture into different interest or ethnic groups that will make the Philippines disintegrate to warring factions.

      I believe BBL will lead to secession and more chaos and confilcts among Filipinos.

    7. P.Akialamiro on

      With the insistence for the approval of the BBL despite all the observations against it, seems to indicate that were other concessions by this administration, written or otherwise, that, by all means, BBL should be passed. What a blessing that the senate committee to go over it happens to be a member of the opposition. This will enable the senate to go over it and address the concerns of those who are against.