I belong to the Iranun , one of the Moro ethnic tribe in the Southern Philippines.
I advocates: Peace & Justice
| Charina Sanz/MindaNews | |
| Wednesday, 29 October 2008 08:50 | |
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SULTAN KUDARAT, Shariff Kabunsuan (MindaNews/29 October) — The Moro Islamic Liberation Front on Tuesday urged the United Nations to set up an observer post here in the hope that it would prevent an “international humanitarian crisis.” Ghazali Jaafar, MILF vice chair for political affairs, said the front is worried that continued military offensives against the commanders and members of three of the 16 MILF base commands will further lead to a massive humanitarian crisis. “We fear if these military actions won’t stop, we may experience an international humanitarian crisis,” he told reporters at the peace panel’s office in Crossing Simuay here. “The UN should step in now before this develops into a kind of problem difficult to resolve,” added Jaafar. Jaafar said that the UN observer post should be able to look at the situation inside evacuation centers in the conflict-affected areas in Maguindanao, North Cotabato and Lanao. The National Disaster Coordinating Council reported that as of October 28, there are still about 75,931 families or 375,86 persons affected by the ongoing offensives. At least half a mlllion persons were displaced by the renewed skirmishes between government forces and the MILF since August. The Regional Disaster Coordinating Council-ARMM said military operations and encounters between the Armed Forces of the Philippines (AFP) and MILF continue in the municipalities of Datu Piang, Datu Saudi, Talayan, and Mamasapano. The NDCC had earlier declared the provinces of Maguindanao and Lanao del Norte and the municipalities of Libungan in Cotabato and Tangkal, Linamon, Kauswagan, Munai, and Kolambugan, Lanao del Norte under a state of calamity. As of October 22, RDCC-ARMM said a total record of 117 barangays were affected by armed conflict in ARMM. To date, eight municipalities in Maguindanao, four in Shariff Kabunsuan have existing evacuation centers. Jaafar said they are seriously alarmed that since operations began in August, there are already about a hundred civilians dead including many small women and children. “There are ghost towns in Maguindanao particularly Datu Piang, Datu Saudi Ampatuan, Mamasapano, Talitay and in the interior areas of Talayan and Guindulungan,” Jaafar said. Lawyer Lanang Ali, member of the MILF peace panel, said a UN observer post will also help secure evacuees from arrests or abduction. On Monday night, youth groups held a prayer vigil rally at the plaza in neighboring Cotabato City, seeking UN intervention to help resolve Bangsamoro grievances and calling for the signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD) and the resumption of peace talks between the government and the MILF. They also appealed for an end to the killing of innocent civilians and illegal abductions. The rally was spearheaded by the United Youths for Peace and Development (UNYPAD), host of a three-day summit convened by the Generation Peace, a Manila-based youth organization affiliated with the Gaston Z. Ortigas Peace Institute. The MOA-AD was initialed by then government peace panel chair Rodolfo Garcia and MILF peace panel chair Mohagher Iqbal on July 27 with formal signing scheduled for August 5 in Putrajaya, Malaysia. But a temporary restraining order was issued by the Philippine Supreme Court, preventing Garcia and Foreign Secretary Alberto Romulo from signing the document. The government in late August announced it would no longer sign the MOA and dissolved its peace panel on September 3. The Supreme Court on October 14 voted 8-7, declaring the MOA-AD unconstitutional. (Charina Sanz, MindaNews) (source:http://www.mindanews.com)
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Tuntayan Tano (We should know)—by Atty. Lanang Ali
Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. History tells us that the King of Spain had not exercised said Royal rights or prerogative the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money within the Bangsamoro homeland. The Regalian doctrine of acquiring land or any of the patrimony of the Bangsamoro people for having originated will never be welcome to the Bangsamoro people. The Bangsamoro people has completely disregarded the theory of jura regalia, for it is nothing more than a natural fruit of conquest of the neighboring Visayas and Luzon. The term land tenure denotes a mode of holding property. During the Middle Ages, to the West, like in Spain, theoretically, all land is owned by the Crown and all who are possessed of land hold the same absolutely for the Crown as there was no division of the Church and State. In England, similarly, all land is owned by the English Crown and all who are possessed of land hold the same mediate or immediately of the Crown. The possession of land by a subject is called tenure which may be in capite or in chief, that is, he tenant may hold the land directly from the Crown or it may be mesne tenure where he holds the land from another subject. While the Crown had dominion of the soil, the tenant had the right to the possession thereof (tenure). The tenant’s right to the use of the profits of the soil was “seisin“.
Before the signing of the Treaty of Paris on April 11, 1899, or to be more accurate, even before coming of Spaniards or of Western Powers, theologically, in Islam, the Moro Sultans, as Vice gerent of Allah in this part of Mindanao were the care-takers of all lands in Mindnao, Sulu and Palawan exclusively for the Bangsamoro people, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultanate, hence, private ownership of land could only be acquired through Moro royal concessions.
Comparatively speaking, land tenure as practiced in Islam is essentially similar or akin to the land tenure in capite or in mesne as practiced in England. Since we are talking here of land, Allah had reminded the Sultan and His subjects alike that all bounties proceed from Allah. These bounties from Allah may be in the form of food, clothing, houses, gardens, wealth, land e.g. influence, power, birth and the opportunities flowing from it, health, talents, etc., e.g., into good and evil, understanding of men, the capacity for love, etc. The Moro Sultans and the Bangsamoro people are to use the land in humility and moderation. But they are also to give out of every one of them something that contributes to the well-being of others. They are to be neither ascetics for luxurious sensualist neither selfish misers nor thoughtless prodigals. Since many Bangsamoros are devout Muslims, I recommend land tenure as practiced in Islam in areas where Muslims are predominant, otherwise, I recommend the English practice. In areas where the relics of feudalism or the like of it apparent or still strong; a new law on land tenure following our culture, customs and traditions may be enacted therefor.
Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. (Seville vs. National Development Corporation 351 SCRA 112)
Before the Treaty of Paris on April 11, 1899, Filipino lands, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Spanish Crown, hence, private ownership of land could only be acquired through royal concessions. (Palomo Court of Appeals 266 SCRA 942) hence private ownership of land whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultan. Land titles did not exist in the Moro people and other indigenous peoples’ economic and social system – the concept of individual land ownership under the civil law is alien to them. On March 2, 2000, the Negotiating Parties had signed a Joint Communique wherein the Parties agreed to cluster the Agenda items into six (6) aggrupations, namely:
1.Ancestral Domain/ Agrarian Related Issues;
2.Destruction of Properties and Victims of War/ Displaced and Landless Bangsamoro;
3.Human Rights issues;
4.Social and Cultural Disdrimination/ Corruption of the Mind and Moral Fibre;
5.Economic Inequities and Widespread Poverty;
6.Exploitation of Natural Resources.
All the above aggrupations are of prime importance, priority to the Bangsamoro people who are in dire need of land to start a living being farmers, however the members belonging to the second aggrupation must be given top priority in all aspect of rehabilitation.
| Carolyn O. Arguillas/MindaNews | |
| Tuesday, 28 October 2008 13:33 | |
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DAVAO CITY (MindaNews/27 October) – The Consortium of Bangsamoro Civil Society Organizations (CBCS) and other peace advocacy groups in Mindanao are appealing to United Nations Secretary General Ban Ki-moon who will be in Manila for this week’s Global Forum on Migration and Development, to help bring the Philippine government and Moro Islamic Liberation Front (MILF) back to the negotiating table as hundreds of thousands of civilians are bearing the brunt of the two-month renewed hostilities. In a letter dated October 23, coursed through Ambassador Hilario Davide, the Philippines’ Head of Mission to the United Nations, the CBCS commended Ban Ki-moon for his August 13 appeal for “greater restraint, protection of all civilians, as well as broader provision of access to humanitarian assistance” and, citing the “suffering of the people,” appealed to him “to effect, in the soonest possible time the intervention of the UN Department of Political Affairs as the most valuable contribution of the international community to our people’s age-old aspiration for peace settlement in the Southern Philippines.” Earlier, on October 14, the Mindanao PeaceWeavers, a network of seven peace advocacy networks, including CBCS, also wrote Ban Ki-moon, seeking his “assistance in preserving the gains of the peace process in Mindanao and explor(ing) possibilities for a UN role in this regard considering the priorities of your office on peace and human security.” The MPW’s letter, signed by Gus Miclat, Executive Director of the Initiatives for International Development (IID), said the “urgent letter” was written “in the hope that your visit to the Philippines will be an opportunity for you to once again prevail upon the two parties in conflict in Southern Philippines to immediately halt the hostilities and return to the negotiating table as you have previously called on them to do.” The MPW also told informed Ban Ki-moon “about the unfolding humanitarian crisis in Central Mindanao and other conflict affected areas in Southern Philippines. With the recent decision of the Philippine Supreme Court on the unconstitutionality of the agreement on ancestral domain between the government and the MILF, the armed conflict is sure to heighten and the urgency of averting further loss of lives and properties is of paramount importance.” The MPW requested Ban Ki-moon “for an audience with you while you are in Manila, bringing with us our representatives from conflict affected areas in Mindanao for a dialogue-meeting with you to further explore ways of collaboration with your good office.” The MPW is still awaiting response from Ban Ki-moon’s office. CBCS comprises at least a hundred Moro organizations, Guiamel Alim, executive director of Kadtuntaya Foundation, Inc., and a member of the Council of Elders, said. MindaNews received a copy of the letter containing the names and signatures of at least 50 representatives of the Moro groups. Other groups also urge the resumption of the peace talks. Amirah Lidasan, president of the Suara Bangsamoro party-list, told MindaNews she would like Ban Ki-moon “to look into the situation in Mindanao.” She said they would find a way to give the UN Sec-Gen a copy of the initial findings of the National Interfaith Humanitarian Mission. “ We also urge him to listen to the plea of the people – Moro, Christian and Lumad – to stop the war and pull-out AFP (Armed Forces of the Philippines) and US troops in our communities and to help push the GRP to revoke its all-out war policy - the disarmament, demobilization, reintegration – and resume peace negotiations, not just with the MIlLF but with the NDF, too,” Lidasan said. Professor Abhoud Syed Lingga executive director of the Institute of Bangsamoro Studies, said the UN “has to seriously consider intervening in the Mindanao conflict before the humanitarian crisis will take place.” “The UN secretary general has to send a delegation to assist the GRP and MILF find ways to resume talks,” he said. MILF peace panel chair Mohagher Iqbal said he would like the UN Secretary-General to “help free the Bangsamoro people for their right to self determination” and to “get involved in the GRP-MILF peace process.” Dan Pantoja of the Mennonites’ Peacebuilders’ Community, wants Ban Ki-moon to “tell GRP-AFP to keep their checkpoints open for humanitarian aid especially among Muslim communities. Put more resources on peace and reconciliation programs among grassroots communities as implemented by inter-faith CSOs . Visit Mindanaos critical areas for global awareness.” Zainuddin Malang, executive director of the Center for Moro Law and Policy said, “with all three branches of the state closing its doors on the fruit of 11 years of peace talks, the peace process has little chances of being revived without the intervention of influential foreign governments and international institutions like the United Nations. Only firm pressure from the international community can provide leverage to the voices of peace advocates to offset the influence of powerful vested conservative groups who oppose the peace process who fear that it will lead to a diminuition of their economic and political interests in the conflict-affected areas.” (Carolyn O. Arguillas/MindaNews) |
Tuntayan Tano (We should know)
by Atty. Lanang Ali
There were several Petitions filed by officials of all Local Government Officials in areas affected by the MOA-AD in Mindanao and some other government officials and residents of in other areas who were personally against the interest and welfare of the Bangamoro people for one reason or the other in the Supreme Court of the Philippines against the Government of the Republic of the Republic of the Philippines (GRP). For emphasis and information of the Bangsamoro people, especially those belonging to the Muslim communities affected in Mindanao and in Muslim dominated areas, the Petitioners were Provincial Governor JESUS SACDALAN and/or Vice-Governor EMMANUEL PIÑOL of North Cotabato, CELSO L. LOBREGAT, City Mayor of Zamboanga City MAYOR LAWRENCE LLUCH CRUZ City Mayor of Iligan, Rep. MA. ISABELLE G. CLIMACO, District 1, and Rep. ERICO BASILIO A. FABIAN, District 2, Zamboanga City, ROLANDO E. YEBES, in his capacity as Provincial Governor, FRANCIS H. OLVIS, in his capacity as Vice-Governor and Presiding Officer of the Sangguniang Panlalawigan, CECILIA JALOSJOS CARREON, Congresswoman, 1st Congressional District, CESAR G. JALOSJOS, Congressman, 3rd Congressional District, and Members of the Sangguniang Panlalawigan of the Province of Zamboanga del Norte, namely, SETH FREDERICK P. JALOSJOS, FERNANDO R. CABIGON, JR., ULDARICO M. MEJORADA II, EDIONAR M. ZAMORAS, EDGAR J. BAGUIO, CEDRIC L. ADRIATICO, ELIXBERTO C. BOLANDO,JOSEPH BRENDO C. AJERO, NORBIDEIRI B. EDDING, ANECITO S. DARUNDAY, ANGELICA J. CARREON and LUZVIMINDA E. TORRIN, the other local and national government officials Mayor NOEL N. DEANO, MUNICIPALITY OF LINAMON, MAYOR CHERRYLYN P. SANTOS-AKBAR, Basilan Province were Petitioners-in-Intervention namely, ERNESTO M. MACEDA, JEJOMAR C. BINAY, QUILINO L. PIMENTEL III, FRANKLIN M. DRILON and ADEL ABBAS TAMANO, SEN. MANUEL A. ROXAS,THE CITY OF ISABELA, BASILAN, SUHARTO T. MANGUDADATU, Provincial Governor of the Province of Sultan Kudarat, RUY ELIAS LOPEZ, in behalf of Indigenous Peoples in Mindanao (Not Belonging to the MILF RUY ELIAS LOPEZ, for and in his own behalf and on behalf of Indigenous Peoples in Mindanao Not Belonging to the MILF, CARLO B. GOMEZ, GERARDO S.DILIG, NESARIO G. AWAT, JOSELITO C. ALISUAG and RICHALEX G. JAGMIS, as of Palawan, MARINO RIDAO and KISIN BUXANI. The Petitions was docketed by the Supreme Court as 183962, G.R. No. 183752, G.R. No. 183591, G.R. No. and G.R. No. 183893. For information on the Petitions please refer to these docket numbers of the Supreme Court. All these Petitions seemed to be prepared by the same Person, although the Petitioners came from different places and different walks of life.
The Respondents were The Government of the Republic of the Philippines Peace Negotiating Panel (GRP), as represented by RODOLFO C. GARCIA, LEAH ARMAMENTO, SEDFREY CANDELARIA, MARK RYAN SULLIVAN and HERMOGENES ESPERON, in his capacity as the Presidential Adviser on Peace Process, Respondents,
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Only in Petition with docket No. G.R. No. 183951 that the Petitioners therein may had impleaded the the Moro Islamic Liberation Front (MILF), but there was no showing, whatsoever, that the said Respondent was duly served of the summons with a copy of the Petition; while the Petitioners in the other Petitions the record will show that the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES PEACE NEGOTIATING PANEL, represented by its Chairman RODOLFO C. GARCIA, were duly served with summons. At this juncture, nobody whosoever had authorized to represent the MILF or MILF Peace Panel Chairman Mohagher Iqbal as Respondent or as Respondent in Intervention, or in whatever capacity.
What are the important concerns on the following facts?
1. that all the local government officials directly involved the MOA-AD were under direct control and supervision of the Secretary of the Department of Interior and Local Government: The DILG Secretary, who was a member of the Cabinet of the President, can relay any information to any local government official in Mindanao relative to the MOA-AD, therefore, Vice-Governor Emmanuel Pinol of North Cotabato was lying when testified before the Supreme Court that there was a need of public consultation of the MOA-AD.
2. that GEN. HERMOGENES ESPERON, JR., the latter in his capacity as the present and duly-appointed Presidential Adviser on the Peace Process (OPAPP) or the so-called Office of the Presidential Adviser on the Peace Process. As such Presidential Adviser on the Peace Process (OPAPP) being a member of the Cabinet of the President, he was presumed to have performed his job regularly, therefore, a mere unfounded allegation of Vice-Governor Emmanuel Pinol of North Cotabato who was evidently bias against the Muslims, cannot be the sole basis of the Supreme Court to declare the MOA-AD, which was product of several years of negotiation and months of legal review.
Based on the forgoing facts, it is the conclusion of every Bangsamoro Moro who are concerned on the plight of MOD-AD that the non-signing of the MOA-AD was part of the Grand Plan of Government of the Republic of the Philippines (GRP) not to sign any agreement reach by its negotiators, dissolve its Peace Panel and not to continue with the Peace Talks, for the following reasons:
1. Why was the MOA-AD not signed immediately after the GRP Peace Panel Chairman had affixed his initials thereon when there was nobody could stop him or when there was no legal impediment for signing?
2. Why did the GRP Peace Panel Chairman allow delay of the signing of the MOA-AD thus giving time and reason for the Parties not to sign the MOA-AD?
3. Considering that the MOA-AD was a major program of the President of the Philippines, Her Excellency Gloria Macapagal Arroyo, why did the whole machinery of the Executive Department fail to prevent or to neutralize any move from the Anti-MOA-AD local government Executives in Mindanao who were against the signing of the MOA-AD, but what happened was that instead of convincing local government Executives in Mindanao to support the signing of the MOA-AD, they supported the Petitions to declare the MOA-AD unconstitutional, thus the Supreme Court of the Philippines on the sole ground that the respondent GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) PEACE NEGOTIATING PANEL had not conducted public consultations on the MOA-AD.
4. Why did the GRP PEACE NEGOTIATING PANEL assisted and represented by Solicitor General deliberately fail to protect the MOA-AD the in view of the (GRP) PEACE NEGOTIATING PANEL’s commitment to protect, but to the surprise of the MILF PEACE NEGOTIATING PANEL the President of the Philippines has expressly declared to the public, and reiterated by the Solicitor General in open court before the Supreme Court that she will not sign the MOA-AD in its present form or in any form. Chairman of does not anymore serve GRP’s interest notwithstanding its commitment to sign the MOA-AD.
5. Why the GRP PEACE NEGOTIATING PANEL assisted and represented by Solicitor General deliberately fail to cite the fact that the MOA-AD was not yet a final agreement because at most it was only a framework agreement for the Comprehensive Compact to be negotiated by the Negotiating Parties, to agree on the final political solution to the Bangsamoro Problem and the armed conflict in Mindanao.
The deliberation or discussions of the Comprehensive Compact first require the signing of the MOA-AD, serving as a Framework Agreement for the Comprehensive Compact. It agreed by the Parties that not to conduct public consultation while negotiation on substantive issues is on-going especially when the Parties are negotiating on sensitive issues. Hence, Negotiating Parties during the negotiation of the MOA-AD the Parties have to strictly observe the confidentiality of the negotiation. Only the respective Principals and those indispensable in decision-making for the substantive issues on the negotiating table were informed.
Thus, Congress can still conduct public consultations on the MOA-AD in passing said enabling law. It is for this reason that the claim of the alleged lack of public consultation is untenable or unjustifiable on the issue of its unconstitutionality during the negotiation. At any rate, the results of the negotiation will be submitted to the people, who are the stakeholders during the referendum which may be called for their ratification or rejection, rather than to stop the whole process, because it was declared unconstitutional. Besides, the MOA-AD, including the Comprehensive Compact will still be submitted for purposes of legislation to pass an enabling Law. This process makes the difference negotiation and legislation, wherein in negotiation, confidentiality is observed especially on sensitive issues; while in legislation, public consultation is observed on all issues as a legal requirement. As far as the MOA-AD is concerned, it is not yet late because if the GRP PEACE NEGOTIATING PANEL in the GRP-MILF Peace Talks under the strict supervision of the Cabinet Cluster E of the President, and after a Panel of Lawyers mandated by the President to review the MOA-AD, it is but reasonable and proper to give the benefit of the doubt to the recommendation of the GRP PEACE NEGOTIATING PANEL for the signing of the MOA-AD, whose aim is for the peaceful resolution of the conflict in Mindanao. Thus, the GRP may file a Motion for Reconsideration, which the Supreme Court to FAVORABLY RECONSIDER its previous ruling that the MOA-AD was unconstitutional. Lastly but not the least, in this jurisdiction any law may be amended at any time to change or improve a law for the better, to correct a defect, error, omission of a law. For the reason that MOA-AD-AD, granting that an enabling law is passed by Congress, there is no need to declare the MOA-AD unconstitutional because the same may be amended at any time.
Thus, the concerned Local Government Units and Non-Government Organizations (NGO’s) as well as Congress of the Philippines can conduct massive public consultations on the MOA-AD once the Supreme Court reconsiders its previous ruling of unconstitutionality of the MOA-AD-AD It is for this reason that the claim of the alleged lack of public consultation is untenable or unjustifiable on the issue of its unconstitutionality. The fact remains that the problem in Mindanao is still there, the question is, did the Supreme Court, by declaring the MOA-AD unconstitutional, did it resolve the armed conflict in Mindanao? For all intents and purposes, the armed conflict, sufferings and destructions are still there, and which may even escalate or worsen at any time, because the Parties have no more trust and basis to continue the negotiation. The GRP-MILF Peace Talks can still be salvaged if the Parties are practical, not too legalistic, considering that one Party as known to the other Party is a rebel liberation front, in their approach to the problem. Both Parties must be serious and credible to implement the letter and spirit of the General Framework of Agreement of Intent Between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) dated August 27, 1998 and the Agreement on the General Framework for the Resumption of Peace Talks Between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front dated March 24, 2001. Had the MILF Peace Panel knew before hand that the Supreme Court of the Government of the Republic of the Philippines will take cognizance of the aforesaid Petitions, which were seeking to declare the MOA-AD, the MILF Peace Panel will certainly invoke the above-cited General Framework of Agreement of Intent Between the GRP and MILF dated August 27, 1998 and the of Peace Talks Between the GRP and the MlLF dated March 24, 2001 because whatever may be the action of the Supreme Court on the said Petitions which were filed before it, the same will no longer be a product of negotiation, unlike the MOA-AD but an imposition. This is the nature of judicial process where the court in any judicial controversy will always act showing the majesty or supremacy of the law whoever are the Parties may be. The important difference between negotiation and judicial determination is that in negotiation, the Parties should always observe the primacy of the negotiation in order to succeed. In judicial determination, only the Court finally determines the controversy submitted to it for resolution, nobody could interfere with it except to such determination of the Court following another procedure. In the case at bar, since the GRP has lost the primacy of peace process, when it dissolved the GRP PEACE NEGOTIATING PANEL last month, without replacing it and when it made as pre-condition for the resumption of talks with the MILF the so-called Disarmament, Demobilization, and Re-integration or in short, DDR, when the GRP knows that as a matter of matter of practice in other countries with similar problem before, like East Timor, Aceh of Indonesia, Sri Lanka, Sudan, and Ireland, to name a few, that DDR was implemented after the signing of the Peace Agreement. In Mindanao, the signing of the peace agreement was aborted when the Supreme Court of the Government of the Republic of the Philippines issued a Temporary Restraining Order, ordering the GRP PEACE NEGOTIATING PANEL to stop the signing of the MOA-AD.
The Petitioners of the Petition seeking to declare the Memorandum of Agreement on Ancestral Domain (MOA-AD) of the Bangsamoro people in Mindanao unconstitutional was initialed by the Chairman of the Government of the Republic of the Philippines (GRP) Peace Panel and the Chairman of the Moro Islamic Liberation Front (MILF). This declaration is devoid of merit with due respect to the Supreme Court. The high court failed to take into consideration that the MOA-AD was a product of intense negotiation for several years between the GRP Peace Panel and the MILF Peace Panel with different and distinct principal and constituency.
It is worthy to mention that the principal of the GRP Peace Panel was the President of the Government of the Republic of the Philippines and the principal of the Moro Islamic Liberation Front Chairman of the Central Committee of the Moro Islamic Liberation Front represented by its Chairman, formerly by Sheik Salamat Hashim succeeded by Al Haj Murad, upon his untimely demise. At this juncture, it is worthy to mention that in the peace negotiation between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front there was conducted outside the Philippines with the presence and participation, or intervention of friendly governments, to wit: the Government of Malaysia, as Lead Facilitator and ; Libya, as alternate Facilitator of during the opening negotiation at Tripoli Libya; also as Head of the International Monitoring Team (IMT); Brunei as Member of the International Monitoring Team (IMT); Japan as Member of the International Monitoring Team (IMT) Relief-Rehabilitation-Development; European Union as Member of the International Monitoring Team (IMT) Relief-Rehabilitation-Development. It was also worthy to mention that on substantive issues, the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) had agreed on December 17, 1999 on the Rules and Procedures on the Conduct of Formal Peace Talks Between the GRP and the MILF.
As guiding principle and mandate entered into between two (2) Parties of equal rights and liabilities in their deliberations during the formal peace talks, and in the interpretation of agreements, the GRP and the MILF Peace Panels shall all times conform to the letter and spirit of the General Framework of Agreement of Intent Between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on August 27, 1998 at the Dawah Center, Crossing Simuay, Sultan Kudarat, Maguindanao. They shall clothed with proper credentials and authority duly signed by the President of the President, or in his authority in the case of the GRP; and by Chairman Salamat Hashim/Al Haj Murad in the case of the MILF, to bind and speak in behalf of the GRP and the MILF with the aim of continuing the peace negotiations until the Parties reach a negotiated political settlement of the armed conflict in Mindanao. To ensure the success of the negotiation, the Parties have abide with the rules of the negotiation as agreed by the Parties, thus, in Article V, General Provisions Section 1. , on Confidentiality, the Parties had agreed as follows to wit:
a. The Panel Chairperson may mutually agree on the confidentiality of sensitive issues under negotiations.
b. Limitations on access to or release of official records of the deliberations and minutes of the meetings shall be mutually agreed upon by the Chairpersons of the Peace Panels.
The above-cited rules are based on the study and experience that in negotiation, an element of confidentiality is necessary during the process of negotiation, especially while negotiating on sensitive issues. Therefore, lack of public consultation does not necessarily make the agreement reached by the GRP and MILF Panels on the MOA-AD unconstitutional. At any rate, the GRP and MILF Panels had agreed that after the signing of the MOA-AD there will be an advocacy to be conducted all throughout the conflict-affected areas in Mindanao for information dissemination of the MOA-AD. And later should the Parties will agree on the date of the plebiscite after the Comprehensive Compact is signed by the Parties to express their plebiscitary will on the MOA-AD. It is the humble opinion that the ruling of the Philippine Supreme Court has no legal basis on the ground that public consultation is not required by law during negotiation to ensure its success to resolve a political problem being undertaken by the Executive Department of Philippine Government. And later should the Parties will agree on the date of the plebiscite after the Comprehensive Compact is signed by the Parties to express their plebiscitary will on the MOA-AD. It is our humble opinion therefore that the ruling of the Philippine Supreme Court has no factual and legal basis on the ground that public consultation is not required by law during negotiation of a proposal in order to ensure the success of the negotiation; and in the in the instant case, to resolve a political problem/armed conflict in Mindanao being undertaken by the GRP Peace Panel under the Executive Department of Philippine Government. Legislation without Public consultation when it is required by law may make the Bill passed by Congress into law, unconstitutional.
The deliberate failure of the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) PEACE NEGOTIATING PANEL to failure protect the MOA-AD against its detractors when all the means were at its disposal to prevent the non-signing of the MOA-AD; including the filing of a Motion for Reconsideration, to seek to reconsider the Supreme Court’s ruling of unconstitutionality. This incident of non-signing of the MOA-AD may be considered another grievous grievance committed against the Bangsamoro people and perpetrated by the whole GRP machinery – Executive Department represented by the President of the Philippines, the Executive Secretary, the Presidential Adviser on the Peace Process; the Senate, represented by some Senators who are mostly from the Opposition, and the Judiciary represented by the Supreme Court of the Philippines, which at the outset immediately issued a temporary restraining order (TRO), ordering the members GRP Panel to restrain and desist from signing the MOA-AD ; and finally declared the MOA-AD unconstitutional thus depriving the Bangsamoro people of their treaty rights which contain their inherent right to self-determination, all in violation of existing consensus points or agreements on the matter particularly the General Frame Agreements signed by the Parties such as the General Framework of Agreement of Intent Between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on August 27, 1998 and the Agreement on the General Framework for the Resumption of Peace Talks Between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front dated March 24, 2001.
Amid calls from various sectors including members of the international community for the Philippine government and the Moro Islamic Liberation Front (MILF) to resume their peace talks, a member of the latter’s negotiating team posed these hard questions: “Can we trust the government again after what it did in Kuala Lumpur when it reneged and did not sign the Memorandum of Agreement on Ancestral Domain (MOA-AD)? Who will guarantee that the government will honor commitment agreed by the parties if we talk to it again?
Jun Mantawil, head of the MILF peace panel secretariat, disclosed to Luwaran.com in an interview that the MILF has lost its trust to the government after what it did to the MOA-AD in Malaysia.
“It’s all the fault of the government why the talks had turned for the worst and in disarray,” he said, citing the lack of unified and coherent position of the government on the peace process.
He explained that it is really difficult to return to the negotiating table even assuming that the MILF so decides, citing the following reasons:
1.The Arroyo administration enjoys zero credibility with the MILF leadership. Trust is the most important component of peace-making, without which the undertaking is doomed;
2.The government has abandoned the MOA-AD, which it said will not be signed in its “present form or in any other form”. The MOA-AD provides the framework mechanism for discussion of the comprehensive compact, which is the political solution to the centuries-old Moro Problem in Mindanao. Unless and until ancestral domain aspect of the Tripoli Agreement of 2001, the third and last aspect, is settled the government and MILF cannot proceed to discuss the comprehensive compact. This is the procedure agreed by the parties including the Malaysian facilitator, and this will be followed;
3.The government disbanded its peace panel, which unwillingly absorbed all the blame for the so-called fiasco in the MOA-AD. However, it is a fact, aside from being part of established procedure of the talks, that in every meeting of the two peace panels their respective credentials to commit and bind their principals were presented and major decisions made by them were cleared first with their principals. The initialing of the MOA-AD in Kuala Lumpur on July 27, 2008 was mentioned in the State of the Nation Address (SONA) of President Arroyo on July 28, as part of its successes in peace-making. This proves that the President knew every important step or part of the peace talks, contrary to what Press Secretary Jesus Dureza said, even rebuffing his successor to the Office of the Presidential Adviser on the Peace Process (OPAPP), Sec. Hermogenes Esperon;
4.The government has changed its peace policy from talking to armed groups to talking to “communities”. This it “frontloaded with DDR”(dimilitarization, demobilization, and reintegration), which is no less than to force the MILF and other rebel groups to surrender their firearms to the government before negotiation starts; and
5.The government also made it a precondition that talks can only resume if the MILF surrenders its so-called rogue commanders, Ameril Umbra Kato, Abdullah “Bravo” Macapaar, and Aleem Ali Pangalian. This is another imposition, which is a violation of established procedure contained in GRP-MILF Ceasefire Agreement. This Agreement provides that any violation of either of the two parties will be investigated and the findings of such investigation will become the basis of punishment for the erring party by its principal.
The signing of the MOA-AD on August 5, 2008 was aborted after the Philippine Supreme Court issued a temporary restraining order (TRO) on the petition of some Filipino politicians including North Cotabato vice governor Emmanuel Piñol and Zamboanga City mayor Celso Lobregat, the two most outspoken critics of the GRP-MILF Peace Talks.
Piñol, a Catholic seminarian for one year but quitted for love of the world, accused the MILF of buying airplanes, war vessels, and other war equipment once it gets into power in Mindanao and secede. On the other hand, Lobregat, a descendant of a Spanish soldier married to a local woman, opposed every move to empower the Moros, saying they never owned Mindanao in any time in the past.
After the cancellation of the signing ceremony, three commanders of the MILF, out of extreme frustrations, started to attack military targets in Lanao del Norte and Sarangani. In the case of North Cotabato, government forces started the series of confrontation here by attacking MILF forces 2.5 kilometers away from the highway in the town of Aleosan.
| Patricio P. Diaz/MindaNews | |
| Wednesday, 15 October 2008 07:01 | |
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Part 3 of a series The Only Option Despite the intimidating odds, the MOA-AD is the only option that can address effectively the Mindanao problem. To reiterate an earlier question: What can the MOA-AD do that the new policy cannot? Or, to reword it: What is the MOA-AD that the new policy is not?
Most people, including the Moros, may be unaware that the MOA-AD has synthesized all previous efforts of Moro leaders to recover their lost heritage. It reflects the agitation of Moro leaders for a separate state; the June 9, 1921 Sulu Petition; the February 1, 1924 Dansalan Declaration; Datu Udtog Matalam’s MIM Manifesto; the Tripoli Agreement of 1976; the Final Peace Agreement of 1996; and R.A. 6734 as amended by R.A. 9054. The MOA-AD complements those efforts, supplements their inadequacies, and as one new document — strengthened by international laws, treaties and movements espousing minority and human rights — presents a rallying cause for Moro unity as “Bangsamoro” and appeals to the Philippine government and Filipino people for understanding and, when necessary, the amendment of the Constitution to give the Moros the long-time elusive justice. Unfortunately, the MOA-AD has been misunderstood — even by Moro leaders who, in their high positions, could have stood in Congress and other national forums to put it in proper historical and contemporary perspectives. Their silence reverberates. The new peace policy is irrelevant to the Moro aspirations synthesized in the MOA-AD. We will elaborate later. Synthesis As early as 1910, Moro leaders addressed to American officials their desire for Mindanao to be handed back to them as a state or a province independent of the Philippines composed of the Visayas and Luzon. This was the principal demand of the Sulu Petition and the Dansalan Declaration. The same sentiment Congressman Ombra Amilbangsa expressed in House Bill 5682 that he filed in Congress in 1961 for the grant of independence to the province of Sulu. The bill, not expected to be passed, was archived. But it had achieved its purpose – to make known the pent-up Moro aspiration. Seven years later, on May 1, 1968, Datu Udtog Matalam launched the Muslim Independence Movement with the publication of the MIM Manifesto in The Manila Times. (The first “M” was later changed to “Mindanao”.) Later, Cong. Salipada K. Pendatun, Datu Udtog’s brother-in-law, clarified that the MIM was only meant to draw national attention to the plight of the Moros. Independence of Mindanao and Sulu was the original demand of the united MNLF. But in the 1976 Tripoli Agreement, they had to settle for regional autonomy in deference to the OIC that in the 1974 Kuala Lumpur ICFM Resolution No. 18 urged the Philippines to negotiate with the Muslim leaders a political solution to “the plight of the Filipino Muslims within the framework of the national sovereignty and territorial integrity of the Philippines”. The Marcos Regional Autonomous Governments IX and XII (1979-1989) under PD 1618 were based on the 1976 Tripoli Agreement; and, so is the ARMM (1989 to the present). Obviously, the 1976 TA motivated the autonomy provisions of the 1987 Constitution and was infused into the drafts of R.A. 6734, the original ARMM Organic Act. The 1996 FPA enacted into R.A. 9054 “is the full implementation” of the 1976 TA. (1996 FPA, Paragraph 153) Those previous efforts of Moro leaders, dating back to the first decade of 1900, to recover the lost Moro heritage are reflected in the Concepts and Principles of the MOA-AD. While there is no demand for independence in the MOA-AD, it creates the Bangsamoro Juridical Entity as an autonomy more autonomous than the ARMM. Significant It is significant — while intriguing — to note that the 1976 TA, the 1996 FPA, R.A. 6734 and R.A. 9054 are among the terms of reference in the negotiation of the Ancestral Domain; yet, the MILF does not recognize the ARMM. Where’s the logic in recognizing the causes but rejecting the effect? At a glance, it does not make sense. This indicates that the four instruments contain, to some degree, essential principles of autonomy but are inadequate in their implementation. Since these instruments are in tune with the 1987 Constitution, the MOA-AD – if out of tune – can be attuned to it notwithstanding its exclusion as a term of reference. Had the critics and opponents of the MOA-AD seen the significant, not only the intrigue, the constitutional issue could have been tempered down. Clearly, the MOA-AD boldly asserts what the Muslim Autonomy should be. In “Concepts and Principles”, it lays down the principles of this autonomy; in “Territory”, “Resources”, and “Governance”, it addresses the inadequacies of autonomy as provided in the four instruments and seen in the ARMM. RAG and ARMM The Muslim Autonomy took form in the 1976 Tripoli Agreement — a three-part agreement on (1) the general principle in the establishment of the autonomy; (2) the area of autonomy or territory; and (3) the substantive and transitory provisions. The area of the autonomy was defined only as consisting of the 13 provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Sur, Zamboanga del Norte, North Cotabato, Maguindanao, Sultan Kudarat, Lanao del Norte, Lanao del Sur, Davao del Sur, South Cotabato and Palawan, and all the “cities and villages situated” in them. The understanding of the MNLF was that President Ferdinand E. Marcos would decree the creation of this area into a Muslim autonomy to be handed to them. But two provisions that Marcos exploited deflated their expectation. It appeared that they had taken these for granted: · The First Part provided for “The establishment of Autonomy in the Southern Philippines within the realm of the sovereignty and territorial integrity of the Republic of the Philippines.” · Paragraph 16 of the Third Part provided: “The Government of the Philippines shall take all necessary constitutional processes for the implementation of the entire Agreement.” Contrary to the MNLF protestations, these two provisions subjected the establishment of the autonomy to the plebiscite according to the Constitution. Under Marcos, three provinces opted out of RAG IX and XII. As the same provisions were essentially adopted in the 1987 Constitution and in the 1996 FPA, only four provinces and no city joined the first ARMM (1989-2001); in the 2001 plebiscite, the ARMM expanded to five provinces and one city. Instead of questioning the territorial composition of the ARMM, the MILF adopted it as the core area of the BJE, including six municipalities of Lanao del Norte that voted to join the ARMM in the 2001. Had the 1987 Constitution and the 1996 FPA been strictly followed, the six would have been part of the ARMM — this appearing as the subtle message of the MOA-AD. The BJE However, the MOA-AD did more than the 1976 TA. It defined the BJE territory as to (1) its foundation and (2) its limits. By this, the MILF effectively asserted that what they are claiming is just part of their ancestral domain – not a grant from the government — that by historical right is their own. This, the MNLF failed to assert in either the 1976 TA or in the 1996 FPA. The ancestral domain as “the foundation of the Bangsamoro homeland” has two fundamental significance: (1) “to address the Bangsamoro people’s humanitarian and economic needs as well as their political aspirations” and (2) to “represent the social, cultural and political identity and pride of all the Bangsamoro people”. The ancestral domain is not a grant from the government. “Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.” This definition in Consensus 2, Concepts and Principles of the MOA-AD instills self-pride in the BJE, not dependence as seen in the ARMM today whose leaders look up patronizingly to Malacañang for political and economic support and in gratitude for the grant of autonomy. The MOA-AD lays down the means for the Bangsamoro people to rise on their own feet, not to be beholden to Manila under the BJE. Territorial Limits In Consensus 1, Territory, the limits of ancestral domain is defined as “the land mass as well as the maritime, terrestrial, fluvial and alluvial domain, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region”. This the critics and opponents of the MOA-AD view with disdain. However, the BJE is limited to the ARMM and six municipalities of Lanao del Norte as the core area (Territory, 2.c.) and to other municipalities and barangays that will elect later to join the BJE (Territory, 2.d.). While Consensus 2.d, Territorys. is vehemently opposed, BJE’s territorial limits evokes some degree of magnanimity on the part of the MILF for not demanding the full return of what by historical right is theirs – sneered at by the MOA-AD critics and opponents. When the MNLF settled for the 13-province autonomy in the 1976 TA and 1996 FPA, they abandoned their claim over Mindanao, Sulu and Palawan. As defined in Concepts and Principles of the MOA-AD, the Ancestral Domain is the MILF’s way of asserting the Moro historical rights over the entire Mindanao, Sulu and Palawan and having it acknowledged. Jurisdiction By Consensus 6, Concepts and Principles, reiterated in Consensus 1, Territory, the authority and jurisdiction of BJE “over the Ancestral Domain and Ancestral lands” are total raising the fear that at an opportune time the Moros will demand to repossess the entire Mindanao, Sulu and Palawan. The fixing of the territorial limits of BJE should hopefully assuage that fear. In the practical sense, the fixing is necessary. How can a regional autonomy be autonomous if it doesn’t clearly and fully know its political and economic authority and jurisdiction? Within the fixed territory, the BJE has the authority and jurisdiction to fully develop all the economic resources in the ancestral domain. As provided in the 1976 TA and the 1987 Constitution, the jurisdiction of the ARMM is limited to the boundaries of the component provinces and cities. In the MOA-AD, the jurisdiction of the BJE extends to its internal and territorial waters, to the land and spaces below and under. This has stirred up protests. However, it should be asked: Does the constriction of the autonomous region’s jurisdiction over its territory not adversely affect its autonomy? (To Be Continued) (”Comment” is Mr. Patricio P. Diaz’ column for MindaViews, the opinion section of MindaNews. The Titus Brandsma Media Awards recently honored Mr. Diaz with a “Lifetime Achievement Award” for his “commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate.” You can reach him at patpdiazgsc@yahoo.com.) |
| Romy B. Elusfa/MindaNews contributor | |
| Wednesday, 15 October 2008 08:56 | |
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DAVAO CITY (MindaNews/14 Oct) — Frustrated over the decision of the Supreme Court (SC) declaring the Memorandum of Agreement on Ancestral Domain (MOA-AD) unconstitutional, a field commander of the Moro Islamic Liberation Front (MILF) said they would “hold the SC responsible for the bloodbath happening and are yet to happen.”
Commander Yang, one of the leaders securing the MILF’s Camp Darapanan in Maguindanao, said that since July, government forces have been fighting against only three base commands of the front. But with the recent SC decision, “the whole organization of the MILF will react on that decision,” he warned. “Commanders Kato and Bravo have been vindicated. Tama sila nung kanilang sinabi na pinaglalaruan lang kani ng gobyerno sa peace talks na ito (They were right when they said that the government is just playing tricks on us in the peace talks),” Yang said in a telephone interview. Ghazali Jaafar, MILF vice chair for political affairs, said: “The decision implies that the Supreme Court does not want a peaceful solution to the Mindanao conflict.” He noted, though, that the SC’s recent decision also meant the High Court has “recognized the MOA-AD as an official and signed agreement.” He added that the MOA-AD could now be “used by the opposition in filing a case against President Gloria Macapagal-Arroyo for violating the Philippine Constitution. The MOA-AD could now serve as an evidence against the President.” The militant Suara Bangsamoro party-list group, on the other hand, said that the SC decision “only proves that this government is really not concerned of the plight of the Bangsamoro people and that this government has explicitly denied the Moro people its legitimate right to govern themselves.” Suara spokesperson Amirah Lidasan said the SC decision would only “worsen the sufferings of civilian victims of the war” going on in several villages in at least five of 27 provinces in Mindanao. “It (the SC decision) all the more exposes this blood-hungry government. It does not actually consider any other option but war,” she added. She said that the decision has also all given other revolutionary groups no reason to talk with the government. “Since 2002, there had been no formal peace talks between the government and the National Democratic Front of the Philippines. Since then, a number of activists have already been abducted and killed. The NDFP and the MILF showed their willingness to talk. I think the recent development shows that it is actually the government that is not willing to talk peace,” Lidasan said. Ustadz Rahib Kudto, president of the United Youth for Peace and Development, said: “At no point in time has this government been ever so united against the Bangsamoro people. The SC, Malacañang, Senate, local government units and other branches of government are one against the right to self-determination of the Bangsamoro people.” The more radical Bangsamoro Youth Leaders Forum, which earlier called on the MILF and the Moro National Liberation Front to “unite and revert to the original demand for independence,” said: “We thank the Supreme Court because its decision on the MOA-AD has justified our call for unity and reversal to our original call for independence.” The SC decision came three days after the European Commission, which met in Cotabato City, predicted an escalation of the armed conflict in Mindanao, a prediction shared by no less than MILF Chair Al-haj Murad Ebrahim. (Romy Elusfa / MindaNews contributor) |
| Carolyn O. Arguillas/MindaNews | |
| Tuesday, 14 October 2008 15:12 | |
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DAVAO CITY (MindaNews/14 October) – The Supreme Court has ruled as unconstitutional by a vote of 8-7, the Memorandum of Agreement on the Ancestral Domain between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), abs-cbnnews.com reported.
“The minority’s position was to declare the anti-MOA petitions as moot since the Palace has already decided not to pursue the signing of the agreement following a public backlash. This would have given the Palace a graceful exit, if not, defeat,” abs-cbnnews.com said. Initialed in Kuala Lumpur on July 27 by government peace panel chair Rodolfo Garcia and Presidential Adviser on the Peace Process Hermogenes Esperon and MILF peace panel chair Mohagher Iqbal, the MOA-AD was scheduled for formal signing on August 5 but the signing rites were cancelled when the Supreme Court issued afternoon of August 4, a temporary restraining order (TRO) preventing the government peace panel chair and the Foreign Affairs secretary from signing the document. Since then, half a million villagers have fled to evacuation centers as the military launched pursuit operations against alleged renegade MILF commanders Umbra Kato, Bravo and Pangalian in North Cotabato, Maguindanao, Lanao del Norte and the MILF attacked three towns in Lanao del Norte and two in Sarangani province. Calling the SC decision “a triumph of the people,” North Cotabato Vice Governor Emmanuel Pinol, who first filed the petition for a TRO hailed the SC ruling, referring to today as “an extra-ordinary day in our lives in savoring what for us is a manifestation of a long cherished belief that power truly resides in the people.” ”What started as a parochial struggle to protect the territorial integrity of the Province of North Cotabato and invoke the Constitutional Right of the people to know what government is doing on their behalf has become part of our national history,” he said in an e-mailed press statement, adding, that in a “strongly worded decision, the Supreme Court also admonished the government for ignoring the need for transparency and consultations with the people.” Iligan City mayor Lawrence Cruz told MindaNews “it’s a guarded happiness.” “We are happy the Court ruled in our favor. This only shows that our objection was not unreasonable, it was not unfair, not emotional, we were not being anti-Moro about it and that there was something wrong in how the MOA was crafted and certain vested, permanent rights were going to be trampled upon if pushed through. To me, it would have been an instrument of war instead of peace,” Cruz said. MILF peace panel chair Mohagher Iqbal told MindaNews the SC decision has “no bearing to the MILF.” “There is no problem (for the MILF). We are not part of the case. The Supreme Court is not a party to the MOA-AD. But GRP remains a party and is bound by it.” he said. “The ruling is an indication that this country can’t put its act together. MILF is right to never negotiate on the basis of the Constitution. It is not a level playing field,” Iqbal said. “It’s a legalese game between government and the opposition. But there is still armed conflict. No negotiations, no political settlement,” he said. “What else is new? Government had abandoned the MOA before the Supreme Court decision. The bottomline is SC has not resolved the armed conflict. There is no political settlement,” he added. “We really need an international guarantee, protocol. Whatever is negotiated should be implemented,” Mastura said. Lawyer Mary Ann Arnado, secretary-general of the Mindanao Peoples’ Caucus, said, “I guess that’s it. That’s the end of the peace process as far as this government is concerned. The Supreme Court has just foreclosed all possible peaceful means of resolving the armed conflict in Mindanao.” Prof. Abhoud Syed Lingga, executive director of the Institute of Bangsamoro Studies, said the Supreme Court ruling “puts to an end efforts of the Bangsamoro people to seek domestic remedies to the historical and moral injustices committed against them.” “Staying with the Republic of the Philippines now becomes untenable, and separation appears as the only viable option left to the Bangsamoro people,” Lingga said. The SC ruling, he added, is setting a “bad precedent in the use of negotiations in conflict resolutions. It is disincentive to those who fight governments to negotiate if what are agreed upon are thrown to the trash can.” The government dissolved its peace panel on September 3 and announced it would negotiate with armed groups only on the basis of DDR (demobilization, disarmament and reintegration). (Carolyn O. Arguillas/MindaNews) |
Kaka Alih- October 13, 2008
Cotabato City-“Handa ang MILF sa pakikipag-usap para sa kapayapaan, ngunit sino ang makagarantiya na tutupad ang Pilipinas sa napag-usapan?” Ito ang sagot ni Mohager Iqbal, punong negosyador ng Moro Islamic Liberation Front (MILF).
Ang mga peace advocates at relihiyosong sector ng Mindanao ay pawang nakikiusap sa goberno ng Republika ng Pilipinas (GRP) at MILF na muling bumalik sa pag-uusap para maibigay ang katarungan para sa mga Bangsamoro.
Ang Bangsamoro (mga Pilipino na nakatira sa Southern Philippines) ay mahigit tatlumpong taon ng pakikibaka para maibalik sa kanila ang pagsasarili bilang bilang isang malayang bansa, katulad ng kanilang kapatid na Pilipino.
Ang Pilipinas ay naging malaya mula sa mananakop na Espanya noong June 12, 1898, na kinilala lamang ng Amerika ang pagsasarili noong Hulyo 4, 1946.
“Sa ngayon ay wala kaming tiwala sa goberno ng Pilipinas dahil sa mga ipinakita nito sa mga huling araw napagtalikod sa mga napag-usapan’, dagdag ni Iqbal.
Unang mga dahilan ng MILF kong bakit sila nawalan ng tiwala sa goberno ng Pilipinas na tutupad sa kasunduan ay una ay ng magpalabas ng Temporary Restraining Order (TRO) ang Korte Suprema na pansamantalang pagpipigil sa pirmahan na naitakda noon August 5, 2008 sa Kuala Lumpur, Malaysia.
Sumunod ay ang pagdeklara ng Presidente nito na si Gloria Macapagal Arroyo na hindi pipirma sa Memorandum of Agreement on Ancestral Domain Aspect, (MOA-AD) at dinagdag pa dito ang pag-dissolved the composition ng peace panel nito.
At nitong huli ang ay ng pagbabago ng policy sa pakikipag-usap: disarmament, demobilization and reintegration (DDR). Ito ang pinamabisang paraan na stratetihiya na ginagamit ng ng peace keeping sa bansa na may rebulosyunaryo.
Ngunit ayon sa pananaw ng MILF ang ganitong strategy sa pakikipag-usap ay hindi katanggap-tanggap, dahil wala pang grupo ng mga rebulosyunaryo sa buong mundo na gumawa nito unang magbaba ng kanilang sandata bago makipag-usap.
“Dapat mauna ang kalabaw sa karosa,” ilan sa mga ipinahayag ni ni Atty. Michael Mastura, membro ng negosyador ng MILF.. Ang ibig niyang sabihin dito ay pagkatapos ng comprehensive compact agreement ay pag-uusapan naman ang DDR. Ang mga ganitong stratehiya ay nagawa ng mga bansang may katulad na problema ng Pilipinas.
Ayon sa isang advocates, na ayaw magpakilala kapag tinotoo ng goberno ng Pilipinas na bago makipag-usap ay magbaba muna ng kanilang sandata, ay madaling paniwalaan ay makipag-usap muna pagkatapos ay ang DDR.
| Patricio P. Diaz/MindaNews | |
| Friday, 10 October 2008 05:55 | |
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Part 2 of a series Complicated The peace process will continue. This commitment is a response to an all-out demand – from the Moros and peace groups in Mindanao, from some opponents and critics of the MOA-AD — showing they like peace but not the price — and from concerned members of the international community. How it will continue, though, is unclear. (”Comment” is Mr. Patricio P. Diaz’ column for MindaViews, the opinion section of MindaNews. The Titus Brandsma Media Awards recently honored Mr. Diaz with a “Lifetime Achievement Award” for his “commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate.” You can reach him at patpdiazgsc@yahoo.com.) |
| Patricio P. Diaz/MindaNews | |
| Wednesday, 08 October 2008 07:01 | |
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Part 1 GENERAL SANTOS CITY (MindaNews/07 October) – The Arroyo government abandoned the Memorandum of Agreement on Ancestral Domain, announced it would not sign it in its “present or in any other form”, dissolved its negotiating panel and changed its peace process policy. The popular conclusion was the MOA-AD is dead.
But at the same time, in officially informing the Malaysian government about its decisions, President Arroyo said the peace negotiation would continue with the MOA-AD as among the references. One commentator asked: Is the MOA-AD dead or just comatose? The Moro Islamic Liberation Front is firm: “The MOA-AD is a done deal. We will never renegotiate,” said MILF Chairman Al Haj Murad Ebrahim. (MindaNews, September 15, 2008.) The resumption of the peace talks starts from the MOA-AD. To the MILF, the MOA-AD is alive. Will there be resumption of the peace talks? There is a call for it in Mindanao. There is a call for it from foreign governments, organizations and agencies involved in the reconstruction of Mindanao. Only the peace talks, not the present war or the new Arroyo peace policy around disarmament, demobilization and reintegration (DDR), can bring lasting, just peace. Hence, the MOA-AD must live, not just be alive. To be alive is only to have life; to live means much more — making life work and enjoy its blessings. Of what good is the MOA-AD alive if its vision doesn’t flourish? No Better Proof What better proof is there for the urgent need for peace than the present war? For three decades until 2003, frequent evacuation, dislocation and destruction had been “normal” in Muslim Mindanao. With the five-year ceasefire until August 2008, normalcy – peace with relative economic progress – fired up the hope hinged on the peace talks that war would never return. But fate is unkind. Since the middle of last August, because of the renewed war, more than 500,000 refugees – mostly from Muslim areas – have left their homes, their farms uncertain when to return. The last five years of peace and relative progress are now memories they are hoping to return as they yearn for the resumption of the peace talks. They may not know fully what the MOA-AD is but they are joining the call for its resurrection. With the new Arroyo peace policy, is there a need to make the MOA-AD live to bring renewed hope to the Bangsamoro refugees for peace and progress to return? What can the MOA-AD do that the new policy cannot? New Peace Policy The new policy appears multi-faceted and hastily formulated in response to the opposition from the Senate, the affected local governments in Mindanao, the majority opinions in and by the national media. The MOA-AD has been severely criticized for evident unconstitutionality and the lack of consultation. The new policy avoids these faults. First: The peace process will continue. In the resumption of the negotiation with the MILF, the MOA-AD will only be one of the references. More sectors will be consulted and represented in the GRP peace panel. Second: The core of the new policy is the DDR – that is, the disarmament and demobilization of the MILF Bangsamoro Islamic Armed Forces and their reintegration in mainstream society. Third: Negotiations will also be conducted with the affected communities. Fourth: The peace negotiation with the MILF will resume only after the surrender of the three wanted MILF base commanders in three areas: Ameril Ombra Kato (Maguindanao), Abdullah Macapaar alias Bravo (Lanao) and Aleem Sulaiman Pangalian (Sarangani). Will the new policy address effectively the Mindanao problem so deeply rooted in the Moro demand for their ancestral domain – the core of their political, economic, cultural and social aspirations? Big Gap A big gap lies between the Government’s and the MILF’s views of the Mindanao problem. To the Government, the Mindanao problem is rooted in the poverty of the Moros, their ignorance and their culture. These handicaps cause them to lag behind the Christian Filipino majority in political, social and economic progress. Assistance to pull them abreast is the solution. To the MILF, poverty and ignorance and all the ills they bring are only contributory causes of the Mindanao problem. The real root is the divestment of the Moros of their political authority and economic resources – two necessary means to uplift the Moros’ economic, social, cultural and spiritual well-being. Assistance is only palliative, not the ultimate cure. There has long been assistance. This, however, has not narrowed the socio-economic gap between the Muslim and the Christian communities – according to surveys and as seen in Mindanao. While foreign aids are concentrated in Muslim communities, these are inadequate to make miracles. Assistance of the government is limited and restricted – dependent on political influence and bias. This Government’s view has been deeply ingrained in government policies for decades – a view as traditional as datuism is to the Moros. This view – enhanced in the prejudiced minds of the majority in the country and biased leaders that the Muslims are incapable of good government – precludes the proper understanding of the MILF view. The gap remains big. How Realistic? How realistic is the MILF’s view? Correct! Poverty and ignorance have caused the Moros and their communities to lag behind their Christian neighbors and the rest of the country. Why are they poor and ignorant? The big majority of them have been deprived of lands. Their leaders have lost the authority to manage their ancestral lands and economic resources. The state’s land laws and policies are biased against them while favoring Christian settlers and big investors. These underscore deprivation of the Moros of their ancestral domain as the root of their poverty, ignorance and all the ills that have brought about the Mindanao problem. The government will be unconvinced. The Christian majority, especially the opponents and critics of the MOA-AD, will scoff at this view. However, common sense may bear it out: One cannot have what he has no means to have; more so, if the means has been taken away from him. How could a people without lands, with low literacy – eking out a living as squatters, slum dwellers, low-income laborers or craftsmen, roadside vendors, crude fishers of diminishing freshwater fish, etc. – escape from the vicious poverty-illiteracy cycle? The farther they will lag behind their propertied and educated neighbors – Christians and a few of the ruling and educated class of their tribe. How could a people, divested of the authority to control their ancestral lands and other natural resources, use these to uplift their socio-economic and cultural life? They have to depend on the Manila government for whatever assistance it will allow to trickle down to them out of the revenue from these ancestral natural resources. How can a people whose political leaders have been reduced to puppetry hope to get redress for the historic injustices done upon them? Only leaders handpicked by Manila win elections; only those appointed by Manila enjoy high offices. In return, their leaders use them as pawns to win elections for their Manila masters. They are mere assets in perpetual puppetry. In 1977, the autonomous government for the Muslims was created to entrust political power in Muslim leaders. Today this autonomy is what Manila has always wanted it to be – having a strictly controlled government and use of the region’s natural and other economic resources to confine the Autonomous Region in Muslim Mindanao to a mendicant autonomy. Deprivation of their ancestral domain has condemned the Moros to dependency. The MILF has visualized in the MOA-AD the way to liberate the Moros from political and economic dependency and through self-government raise their economic, social and cultural life. They were able to make the GRP peace panel see and support the realism of the vision or view. The Puzzle Unfortunately, the GRP panel found itself forsaken – accused of treason, of selling out the country’s sovereignty together with the Arroyo government. Unable to withstand the heat, President Arroyo disowned the MOA-AD and dissolved the GRP peace panel. Did the Arroyo government sincerely forge an agreement over the MILF’s envisioned Ancestral Domain on seeing its realism or did it do just to advance its political interest? If the Arroyo government had sincerely seen the realism of the envisioned AD, did it renege on its agreement with the MILF just to pacify its opponents and critics and to salvage that political interest it had wanted to advance — whether for national interest or not? Is its new policy designed to satisfy the ends of the AD minus the MOA and at the same time promote its political interest? This puzzle brings back the question: Will the new policy address effectively the Mindanao problem deeply rooted in the Moro demand for their ancestral domain? (“Comment” is Mr. Patricio P. Diaz’ column for MindaViews, the opinion section of MindaNews. Mr. Diaz is the recipient of a “Lifetime Achievement Award” from the Titus Brandsma for his “commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate.” You may e-mail your comments to patpdiaz@mindanews.com). |
Sa panahon ngayon uso ang ma-inlove. Kapag in-love ka, kaya mo gawin lahat ng tama para sa taong minamahal mo. Kailangan nga lang isipin natin mabuti lahat ng kahihinatnan kapag ika’y nagmahal. Sa dinami-dami ng kabataan ngayon, hindi maiwasan na mahulog ang kanilang loob sa mga kabataan na ka-lebel nila. Mapabata man o matanda, walang pinipili ang pagmamahal hindi rin ito hinihingi o binibili, ibinibigay lang ito sa taong karapat-dapat. Ngunit, kung bakit?!… naman nila sinabing nakakabaliw ang umibig ! ! ! Siguro’y sa mga kadahilanang…iniiwan o nawawala sa kanila ang taong kanilang minamahal.
Sa tingin nyo…bakit kaya nagkakaroon ng hiwalayan o tinatawag na “break-up” sa isang relasyon??
Marahil hindi pa sapat ang pagmamahal na ibinibigay ng isa’t-isa at hindi pa ganon kalawak ang isip nila para humawak ng seryosong relasyon.. Sa mga mag-aasawa, hindi rin maiiwasan ang “hiwalayan at kung bakit??! Marahil hindi pa ganon katatag ang kanilang pagsasama o may pagkukulang si babae o si lalake… hindi madali ang magmahal hindi naman kailangan, puro puso ang pinaiiral, minsan kailangan din ang isip… Ang “love” nga naman!!! Maraming nagagawa!! At wala ding pinipili, andyan ang mga bakla sa lalake. tomboy sa babae.. matanda sa bata, at bata sa matanda… pero kahit ano pa man hindi dapat sila husgahan yon ang pamamaraan ng pagmamahalan nila eh!..
Sabi nila masakit at masarap kapag umibig ka… bakit??! Malalaman mo bang?! Nagmahal ka kung hindi ka nasaktan… Kung paano ka makitungo sa pag-ibig, ganon din ang pakitungo nito sayo at lahat ng ating mga puso’y makararamdan ng parehong sakit at tuwa, kahit na ang ating mga buhay at landas ay magkaiba.
Kapag nahulog ang loob mo sa kanya at nahulog ang loob nya sayo at ang pag-ibig ay lumayo.. Wag kang magreklamo o magsisi,,, pakawalan mo ito dahil may mga dahilan ka rin na malalaman balang araw.
Tandaan mo na hindi ka pumili umibig, pag-ibig ang pumili sayo.
Ang dapat mo lang gawin ay tanggapin ito at ang buo nitong misteryo, kapag dumating ito sa iyong buhay, damdamin mo nalang ang pagpaparamdam nito sa’yo, at tapos abutin at ipamahagi ito.
Ibigay mo ito pabalik sa taong nagbigay nito sa’yo, ibahagi mo sa iba… sa mga taong madilim na may kawawang kaluluwa, ibigay mo sa mundong pumapalibot sa’yo sa paraan na kaya mo. Maraming nagmamahalan na nagkamali o nasasayang!! Yung pag-ibig na ibinigay nila sa isa’t isa.
Ang mga taong hindi nagkakaroon ng minamahal sa mahabang panahon, inuunawa nila ito sa paraang ito’y kinakailangan lamang. Nakakalimutan nila ang “secret of love” ay ito’y regalo, at ito’y mabubuo para yumabong sa paraan na ipamahagi ito.
Tandaan mo, at itago mo ito sa iyong puso, ang pag-ibig ay may kanyang oras, kanyang panahon at kanyang rason para dumating at mawala…
Maaari mo lang ‘tong hagkan pagdating nito sa’yo, pero kung pumili ito na kumawala sa’yong puso o sa taong iyong inibig… wala kang pweding gawin..
Ang pag-ibig ay mananatiling may misteryo.. maging masaya ka nalang sa sandaling dumating ito sa iyong buhay… kung hahayaan mong bukas ang iyong puso ito’y darating……..
Karaniwan ng hangad o mithiin ng mag-asawa o sinumang “lumagay na sa tahimik” ngunit sabi ng iba hindi daw “pumasok sa magulong buhay” Hindi natural lang na sinumang pumasok sa buhay may-asawa ay ang maging maligaya siya sa piling ng kaniyang magiging kabiyak. Subalit, batid natin na marami ang nabigo sa pinapangarap at inaasam na kaligayahan sa pagtahak sa landas ng pag-aasawa. Ngunit taliwas sa inaasahan, dahil ang nakikita natin sa ating kapaligiran ay taliwas, dahil patuloy na dumarami ang bilang ng mga wasak na tahanan (broken home). Marami ring mag-asawa na humantong lamang sa paghihiwalay (broken marriage).
Hindi ba ng likhain ng Diyos si Adan, ngunit hindi siya maligaya at dahil batid ng Diyos paano siya maging maligaya ay kailangan niya ang isang tulad niyang tao na makakasama doon sa paraiso.
Kaya, “sinabi ng Panginoong Dios, Hindi mabuti na ang lalake ay mag-isa; siya’y ilalalang ko ng isang katulong niya” (Gen. 2:18).
Ang katotohanang ito ay pinatunayan ni Apostol Pablo nang kaniyang sabihin, “kailangan ng lalaki ang babae, at kailangan din ng babae ang lalaki” (I Cor. 11:11, Salita ng Buhay). Ang Diyos mismo ang nagtatag ng institusyon ng pag-aasawa nang Kaniyang basbasan sina Adan at Eba:
“At sila’y binasbasan ng Dios at sa kanila’y sinabi ng Dios, Kayo’y magpalaanakin, at magpakarami …” (Genesis. 1:28)
Papapano maging matatag ang pag-aasawa? Ganito ang Sinabi ng Diyos sa Biblia Genesis 2:18:
“… Hindi mabuti na ang lalake ay magisa; siya’y ilalalang ko ng isang katulong niya.”
Ayon sa Poong lumikha o Diyos na ang mga-asawa’y dapat magtulungan. Sila’y dapat na magkaagapay sa pagsalungat sa lahat ng unos na darating sa kanilang buhay.
Ang magasawa ay dapat magsalo sa tuwa at kalungkutan.
Sila’y dapat magdamayan lalo’t higit sa panahon ng karamdaman at kahirapan.
Dapat silang magtulungan sa mga pananagutang iniatang sa kanila ng Maykapal sapagkat kung wala ito ay hind sila magkakamit ng pagpapala ng Panginoon:
“At ang lahat ng pagpapalang ito ay darating sa iyo at aabot sa iyo, kung iyong didinggin ang tinig ng Panginoon mong Dios.” (Deuteronomy . 28:2)
Samakatuwid, ang ikatatatag ng pagsasama ng magasawa ay nasa pagtutulungan at pagdadamayan ng dalawang pusong pinagbuklod ng pagmamahalan.
Ngunit hindi dapat magsama ang babae at lalaki ay hindi kasal, ditto ang lahat ng relihiyon ay nagkaisa na maging sagrado ang kasal.
Ang kasal ay isang kasunduang panghabangbuhay ng lalake at babaeng nagmamahalan. Sa seremonya ng kasal ang magkabiyak ay kapuwa nanunumpa sa harap ng Diyos at sa harap ng kanilang mga saksi na sila’y magmamahalan at kanilang susundin ang mga batas ng Diyos sa pag-aasawa na itinali sa kanila. Sa hirap at ginhawa, sila’y magsasama hanggang sa sila’y papaghiwalayin ng kamatayan.
Itinuturo rin ng Biblia na ang lalake at ang babae ay dapat na “maging tapat sa isa’t isa” (Heb. 13:4, Magandang Balita Biblia) at “huwag magtaksil ang sinuman” sa kanilang pinakasalan (Mal. 2:15, Ibid.). Ang lalake at babaeng ikinasal ay dapat magkaroon ng banal na takot sa Diyos - hindi nila dapat sirain ang kanilang sinumpaan. Ang Diyos ay nagbabala:
Dapat tuparin ng mag-asawa ang binitiwang sumpa sa panahon ng pagkakasal upang tamuhin nila ang basbas ng Maykapal.
Aon sa mga experto itinuturing na pinakamaselang panahon sa mag -asawa ang mga unang taon ng kanilang pagsasama. Ang panahong ito ang tinatawag na adjustment period.
Ang bagong kasal ay nagsisimula pa lamang na lubusang makilala ang tunay na likas at pag-uugali ng isa’t isa. Sa panahon ding ito makikita nila ang mga di inaasahang kapintasan na maaaring nakubli sa panahon ng pagliligawan.
Minsan, nagkakaroon ng mga pagsisisihan at pagsusumbatan na maaaring mauwi sa panlalamig, pagkawala ng pag-ibig, at, kapag napabayaan, sa pagkawasak ng pagsasama ng magasawa. Ipinapayo sa lalakie at babe na sa halip na magsisihan at mauwi sa di pagkakaunawaan ay pag-aralan na dalhin o batahin ang mga kapintasan ng kaniyang asawa at gawin ang lahat ng matuwid na paraan para malunasan ang anomang di-pagkakaunawaan. Huwag titigan ang mga kapintasan ng asawa. Sa halip, ang bigyang-pansin ay ang kaniyang mga kabutihan at mga katangian.
Ang babae ay dapat magpakahinahon hindi mabuti sa isang babaeng may asawa na salubungin ng sumbat ang kaniyang asawang pagod mula sa maghapong paggawa. Hahantong lamang ito sa pag-aaway at di pagkakaunawaan. Iwasan ang maging magagalitin sapagkat ito ang magtataboy sa asawa.
Sa mga lalake naman “huwag kayong maging mapait” sa asawa. Huwag maging makasarili at mapaghanap. Malimit na inaakala ng lalake na siya lamang ang napapagod at nahihirapan sa paghahanapbuhay samantalang ang babae ang siyang naiiwan sa bahay. Hindi niya nakikita ang mabigat na pasanin na buong tiyagang ginagampanan ng kaniyang asawa lalo na kung wala namang ibang makatutulong sa bahay,
Ang lalake ay dapat maging maalalahanin siya tulad noon siya ay nanunuyo pa lamang. Dapat tandaan ng lalake na ang mga mumun-ting pag-aalaala sa asawa ay pumapawi ng pagod at lalong nagpapausbong ng pag-ibig nito upang lalong maging matatag ang pagsasama.
Napakalaki ng kaugnayan ng pananalangin sa ikapananatiling matatag at maligaya ng pagsasama ng mag-asawa.
Palaging alalahanin na ang mundong ito ay punung-puno ng maraming pakikipagbaka. Naliligid ang tao ng maraming mga tukso. Ang kasamaan ay patuloy sa pagwasak hindi lamang ng ating pananalig sa Maykapal kundi maging ng maligayang pagsasama ng mag-asawa. Hindi dapat payagan ng mag-asawa na ang kanilang tahanan at magandang pagsasama ay sirain ng tukso at kasalanang naglipana sa paligid.
Sikapin ng mag-asawa na mabuhay nang naaayon sa kalooban ng Diyos. Huwag nilang kalimutang hingin sa Diyos ang mga pagpapala na kailangan nila sa pamamagitan ng mga pananalangin. Sa gayo’y tiyak na walang anuman o sinumang makapanghihimasok sa payak at magandang pagsasama ng mag-asawa.
Alalahanin ng mag-asawa na ang pag-ibig ang matibay na nagbubuklod sa dalawang pusong nagmamahalan. Bayaang ang pag-ibig ay manatili sa puso ng bawat isa. Ang mag-asawang umiibig sa isa’t isa ay walang hindi mapagkakasunduan. Ang asawang umiibig ay hind ang sariling kasiyahan lamang ang hinahanap. Hindi siya naghahanap ng sariling kaligayahan lamang kundi higit sa lahat ay ng kaligayahan ng kaniyang minamahal. Ang pag-ibig ay handang magbata at magtiis. Ang umiibig ay handang magtiis sa anumang kasasapitan sa piling ng kaniyang minamahal. Ang pag-ibig ay mapagbigay. Ang umiibig ay hindi maramot sa kaniyang minamahal, ang lahat ay ibinibigay saikaliligaya ng kaniyang minamahal. Abg pag-ibig ay umuunawa. Ang umiibig ay nakhandang umunawa sa anumang mga pagkukulang ng kaniyang minamahal. Ang umiibig ay nakahandang magpatawad sa pagkakamali ng kaniyang minamahal,.
Kaka Alih-September 21, 2008
Sa nakikita natin sa ating kapaligiran, karamihan sa ating mga mamamayan ay naghihikahos o naghihirap. Hindi makain ng kanyang pamilya ang tamang pagkain na dapat ihain sa hapag dahil wala siya o walang maibili. Ang kinakailangan na gamit sa kanilang tahanan ay salat, kong mayroon man ay yaong hindi naman kailangan o priority ng pamilya.
Kung magmamasid ka sa paligid, nandiyan ang biyaya mula sa Poong Lumikha, sa madaling paliwanag, di mabilang ang likas na yaman, na bigay sa ating ng Diyos, ang Pilipinas ay mayaman sa lupa, dahil tumutubo dito kahit anong klaseng tanim. Sa hindi tumutubo ang tanim, dahil mabato ay kayamanan na ito. At sa ilalim ng lupa ay sagana sa mga miniral na pinagsasaan lamang “daw” ng mga banyaga at kapirangot lamang ang naiaambag sa mga Pilipino (?).
Malawak ang karagatan, malapad ang lawa at maraming ilog, kahit anong laman tubig ay pwede mong alagaan o buhayin dito, pero bakit naghihirap pa rin tayo?
Kung titingnan mo ang mga Pilipino, halos lahat naman ay may hanapbuhay o trabaho pati mga bata na murang edad ay naghahanap buhay, pati ang mga babae na dapat ay nasa tahanan at inaalagaan ang mga maliliit na mga supling ay nasa kalye, bukid o palengke at naghahanap buhay para sa pamilya, ngunit pansinin mo ang kanilang pamumuhay sa kanilang tahanan ay masasabi mong sila ay salat o naghihikahos pa rin. Bakit?
Maraming “factor” o dahilan ang nakalap kong mga sagot mula sa mga ibat-ibang antas ng lipunan natin, kahit na yaong mismong mga tinutukoy natin na mamayan ay nagbigay ng pahayag kong bakit sila patuloy na lugmok sa kahirapan sa kabila na sila naman daw ay “nagsisikap “ na makaahon sa kahirapan.
Sabagay sino ba naman na matinong tao ang hindi magpupunyagi na maiahon ang pamilya sa dusa ng kahirapan?
“Mismanagement o kaya hindi naba-budget ang kanilang income”, paliwanag ni Arnel.
“Mahal kasi ang mga bilihin”, “mahal ang singil sa pasahe sa mga sasakyan”, “wala kasing ginagawa ang gobernong ito”, “sobra kasi ang corruption sa ating pamahalaan”, sobrang dami ng tao”, ilan lamang sa kasagutan na ating natatandaan, ikaw kaibigan bakit nga ba tayo naghihirap?
“May konting katamaran ang Pinoy,” tulad dito sa atin sa Upi, “maaga pa mag-inum ng kape at habang umiinom nakikipagkuwentuhan, na umaabot na ilang oras at hindi napupuntahan ang kanyang bukirin”. Paliwanag ni Nancy.
Ang mga ganitong senario ay madalas mong makikita sa mga liblib na lugar, sa mga barangay, marahil dahil andoon pa ang tinatawag na “family ties” yaong magkakalapit ang mga pamilya.
“Para sa akin…..Kung ang bawat Pilipino ay nagsikap mag-aral, makapagtrabaho o makapagtayo ng kahit na maliit na negosyo o dili kaya konting sakahan, tulad ng backyard gardening, magtanim ng gulay sa likod bahay….maghihirap pa ba ang Pilipinas… tayong mga Pilipino?” paliwang ng isang guro.
Ang paliwanag ni Maam, ay isang self employment na matatawag, malaki ang matitipid ng Pinoy, kong hindi na siya bibili ng gugulayin at hindi mababawasan ang kanyang budget para sa bata, dahil may pambili na siya ng asukal, asin, dahil ang mga ito ay wala. Ang kape hindi na siya dapat bumili, magtanim na siya ng kape kahit ilang puno, para doon na niya kunin ang gagamitin ng pamilya at possible pang may maipagbili sa palengke, para pangdagdag gastos.
“Kung ang bawat isa sa Pilipino ay nakapag-plano, nakapag handa sa pag aasawa at siniguradong makakapag aral ang mga anak para sa maayos na kinabukasan….maghihirap ba ang Pilipinas?”
Ang dahilan kaya naghihirap ang Pilipinas? Corruption? Lack of Education? Poor inefficient governance? Population Growth? Sang-ayon ka ba dito? May pagka Logic hindi ba?
Ayon sa mga ibang pag-aaral may mga teoriya na may mga dahilan na dapat ding pag-aralan papaano ito haharapin at bago mo ito isagawa kinakailangan ang malalimang pag-aaral.
“Dahil na rin sa ating kagagawan kaya tayo naghihirap”, sagot ng nag-alyas na ka-chat sa skype.
“Noon pa man lagi nalang tayong nagpapadikta sa ibang tao, o bansa kaya nasanay na tayo na iba ang nagde-desisyon para sa atin. Tamad daw tayo? Hindi ako maka-agree masyado, kunti lang kasi hindi naman lahat.
Ang totoo heto ma-reklamo tayo, karamihan sa atin mainggitin kaya ang nangyayari walang team-work kahit sa anong aspeto. Wala tayong pagpapahalaga sa ating bayan. Palagi nating tinitingala ang ibang bansa partikular ang Amerika. Bakit anong akala ninyo sa Amerika? Marami rin ang palaboy doon.. bakit minsan na anong nanirahan doon.”
“Kahit saan mang bansa sa mundo laging magkapitbahay ang mayaman at mahirap, walang bansa na puro lang mayaman o lahat ay mahirap. Dito sa kaso natin sa Pinas, di lahat nabibigyan ng pagkakataon dahil na rin sa monopolyo at dinastiyang (dynasty) pamamaraan ng ating sistemang umiiral sa political system. Para sa akin marami pang dapat isaayos ng ating bansa. Heto ang opinion ko dapat bigyang priyoridad ang kalusugan ng mamamayan at ang edukasyon ng kabataan. Ang medya dapat maging mas responsable,huwag masyadong hinuhubog ang mga kabataan sa materyal na bagay. Medyo limitahan ang pag-gamit ng celfone, electronic gadget at kung ano-ano pa ang alam nating pag-usapan.”
Pwede bang magkaisa tayo sa ating adhikain,mayaman o mahirap huwag lang haluan ng drama gaya ng ginagawa ng ilan sa mga nagdaang mga araw, na kinustiyun pa ang MOA-AD kya hayon giyera ang aksunod, payo ko maki-usisa sa mga programa sa kaunlaran.”
Social Aspect
Ang iba sa Pilipino “likas na daw kanila ang katamaran”. Ngunit kong titingnan mo ang kapaligiran, makikita mo na ang lahat naman ay nagsisikap, nabibilad sa init ng araw ang magsasaka, ang trisikad driver ay walang palya sa padyak sa kanyang trisikad, ngunit kung tanungin mo, kulang ang income, di makabili ng ulam, walang baon ang anak na nag-aaral.
Pano naman kasi, matapos ang kalahating araw ng pagsisikad ng isang sikad driver, hihinto na at maglalaro ng tong-its at hantak o kaya talang. Kaya paano kakasya ang kanyang kinita sa isang araw dahil sa halip na ibigay sa pamilya, naitalo pa sa sugal.
Isa sa mga nakita na dapat pagtuunan ay sinabi ng isang respondent natin na “mismanagement” . May income ka na dalawang libo para sa isang buwan gastusin ng pamilya, ngunit bumili ka o gumastos ka ng 2.5 libo, short ka ng 500 na piso, ang logical na paraan, mangungutang ka. Reminder: pag utang ay kinakailangan bayaran.
May kasabihan ang Pinoy na dapat pairalin: “habang maigsi ang kumot matuto kang mamaluktot”, na ang ibig sabihin sa simpleng ekonomista ay gumasto katumbas ng income mo, o maigi na may matitira para maitabi at maidagdag na budget para sa bagong plano.
Ang katwiran ng isang mangungutang, hindi nga makabili ng gamit kung hindi pautang.
Sa mga magsasaka naman, hindi makapagtanim ng mais, kung hindi mangungutang ng farm inputs sa mga negosyante.
Walang Disiplina. Hindi marunong sumunod sa batas. Kahit simpleng pagtapon ng basura hindi masunod mas lalo pa kaya ang ibang bagay? Pasaway ika nga, napakahirap turuan ang mga tao, kung nakikita rin nila ito sa mga mas nakakantanda sa kanila.
Dahil sa minsan na katayuan sa buhay ay nahihiyang magtrabaho sa mga gawain na hindi niya “daw” gawin dahil nakakahiya para sa pamilya o angkan.
Napakaraming kaugaliang Pilipino ang masasabing hindi maganda at hindi ito dahilan na atin na itong tatanggapin halimbawa nito ang Crab mentality, Palakasan system, Ningas kugon, Pilipino time atbp.
Kakulangan ng kaalaman sa tamang pagtataguyod sa pamilya. Patuloy ang pagdami ng tao, kaya dumarami rin ang dapat nilang kainin, ngunit ang sinasaka ay lumalapad kundi ito paliit ng paliit, dahil nagagamit bilang kabahayan, industriya. Anak ng anak hindi naman kayang buhayin. Totoo marahil ito sa mga mahihirap na pamilya. Kung sino na nga ang mahirap sila pa ang dose dosenang anak. Dahil ba sa walang magawa kaya pag-gawa ng bata ang pinagkakaabalahan?
Political Aspect
Sa aspetong ito ay tatlo ang mahalaga na hindi dapat mawawala :System, Leader at followers. Kong gusto mong maganda (good) ang iyong lipunan kinakailangan na ang tatlong ito ay lahat good, kinakailangan walang negative para mananatili na ang product nito ay positive.
Ang tagasunod kasama na ang Pinuno ay kulang sa Pananamanpalataya.Walang takot sa Diyos. Kurapsyon, dahilan kung bakit walang pakundangan dinudugas ng mga opisyales ang kaban ng bayan. Kung makaDiyos lang sana ang mga ito at magkaroon ng kunsensya.
| Ayesah Abubakar/MindaNews | |
| Sunday, 28 September 2008 09:04 | |
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PENANG, Malaysia (MindaNews/27 September) — The former president Joseph Estrada declared an “all-out-war” against the Moro Islamic Liberation Front (MILF) in 2000 that lasted for nine months. A perfect icon for war, he made good his acting as a soldier-president fully dressed in green fatigue leading his military troops to annihilate the rebels. And just as fitting as a war hero, for every military success, he went to visit the captured MILF camps and feasted on victory. The Philippine media had a field day. They had great pictures of war - Estrada as the superstar- complete with his sensational war statements like, “pupulbusin natin sila.” Those were very painful days for every Moro—whether they were in Mindanao, Manila, or elsewhere. It was painful because the greatest casualties had been the vast majority of the Moro people, besides the military soldiers of course. Not only did the war bring out physical affliction and hardship, it also opened deep wounds of discrimination and biases. While, at that time, I may have been fully integrated to the Philippine society having grown up in Manila, the reality of the conflict in Mindanao did not escape me. Those nine months of horror became a baptism of fire for me. Suddenly the words “Abu Sayyaf”, “Camp Abubakar”, “MNLF, MILF” (without necessarily knowing the difference) had become familiar lingo to the Filipino society to the point of using it as part of daily humour. My own friends, and even acquaintances, would ask me about some of these words. Sometimes, they would jokingly say, “Do you own Camp Abubakar?” and most of the time, I would laugh with them. However, after a while, I stopped laughing at these jokes or insinuations. Instead, I started to feel a sense of pain and unhappiness on how the Moro identity and the rest of the Moro people are generally viewed in Manila. It made me think how callous society can be to think that the war that is being waged in Mindanao is an acceptable reality…that Estrada is right in crushing the Moro rebels at all costs in order to achieve peace in Mindanao. The “all-out-war” context made me realize that perhaps, what peace really means to President Estrada, and all those who support his view, is for the Moro people to be banished from their own homeland. For the very first time, I actually felt something that none of my other Filipino friends seemed to understand. Later on, it was only with my Moro friends with whom I had found the same feelings of frustration and great concern for the plight of the communities bombarded by deafening sound of aerial bombings and exchanges of firefights. To the majority of the people of Manila, the war in Mindanao was so distant and amusing as another cinematic feat of an actor-president—it was so casual and entertaining just like watching a movie. While among my Moro friends and families, it was like we are made to understand that the life and future of a Moro is not as valuable as another Filipino. And that if we are to survive in Mindanao and in the Philippines, we would have to live by the dominant culture, identity, and other social systems. Sadly, this would also mean that we can only be contented with vague recognition among my Filipino friends that I must have come from some sort of Moro royalty (a usual generalization among Filipinos in Manila when they meet a Moro person as they view this as exotic), while the rest of their memory would be filled with the never-ending war in Mindanao, and how the Moro areas remain to be the last frontier of the country. Undeniably, the war in Mindanao has brought me back to my ancestors’ history. It did not only help renew my own identity as a Moro, but it also inspired me to search for solutions to the problems that continue to plague us in Mindanao. While in the beginning I subscribed to the notion that is education and development that would bring about a better future for the Moro people (having been trained in development work), I have also come to understand that this will not end the injustices that we will continue to experience under the Philippine State. Our historical and ongoing relationship with the State has not shown any change for the better, but instead has worsened the condition of our communities. Consequentially, the “all-out-war” and all other succeeding armed conflict waged by the State will continue to make the people poorer, hopeless, and as a natural impact, it is these wars that further marginalize our status and value as a people in their very own homeland. Granting after every war, the State does mobilize all its resources to bring education and development to Mindanao, does it actually guarantee the Moro people of being fairly treated as decision makers of their own destinies? Or will it continue to promote an outsider’s intervention mode of development with little respect of what the people actually want for themselves? Will this kind of development bring us forward to a future of reconciliation in spite of an absence of a closure from our violent and unjust history as a result of the conflict? It is therefore upon these questions that I have shifted my view to a need for conflict resolution in Mindanao through peaceful means in contrast to the tactical development oriented solution. There is no other way but for the State and the Moro people to forge a peace agreement and a new relationship for the future. There is no easy road to peace, and surely, any use of military means will take us a much longer path ahead. As soon as the spirit of Edsa 2 succeeded in overthrowing president Estrada, his successor, President Gloria Macapagal-Arroyo was quick to reverse a pro-war stance to an “all-out-peace” government policy towards all the revolutionary groups, including the MILF. I was one of those in euphoria. After all, I, too, took part in Edsa 2 and helped her become president overnight. However, since the peace negotiations between the government and the MILF commenced in 2001 with Malaysia as its third party facilitator, it had been a very difficult process. We have witnessed the forging of some of the initial agreements and having these agreements implemented, again, with much more difficulties (like the establishment of the Bangsamoro Development Agency) which idea was welcomed with mixed reactions by civil society itself in the beginning. While the peace talks were conducted steadily, the armed violence that is escalated from time to time had threatened the whole process. It was only up until the International Monitoring Team (IMT) was deployed that we saw a more stable ceasefire situation in Mindanao. The relative peace had bought us some dividends and had enabled more development initiatives by various NGOs, government agencies, and donor agencies. This period has also allowed increased activities on the promotion of peace education and peacebuilding work by civil society groups. These two strategies are very significant foundations because these will ensure sustainable peace in Mindanao. President Gloria Arroyo’s management of the conflict in Mindanao and her goal for achieving peace with both the MILF and the Moro National Liberation Front (MNLF) has always been a puzzle. Although she appears to give her support to her government panel of peace negotiators and other agencies working towards her peace agenda, at the same time, she has been thrifty in unequivocally declaring her priority for peace in Mindanao. Instead, she has always been very vocal in throwing her support to political allies and advisers who are more comfortable in using military power as a means to demonstrate her strength as a national leader. In her 2008 State of the Nation Address, there were six lines dedicated that mainly asks the legislative bodies to support a move for constitutional changes that will hopefully implement the government’s peace deal with the MILF. However, knowing that there is already a deep resistance towards chacha, she couldn’t get any further by assuring that her intentions are clear–to bring peace to Mindanao, and not to use this as part of her own political agenda. Another great example is how she embarked on her succeeding reactions and actions upon the stopping of the signing of an agreement with the MILF as caused by a temporary restraining order in the Supreme Court. When her own government peace panel, OPAPP, and secretary for Foreign Affairs are put in an embarrassing situation arriving in Putrajaya, Malaysia but not being able to deliver its commitment, she has embarrassed her own leadership all the more when she allows her Solicitor General to tell the Supreme Court that the officials sent to Putrajaya did not have her authority to sign any agreement. As the Arroyo administration takes the heat of opposition to the Memorandum of Agreement on Ancestral Domain from political enemies and from its own allies, it found a great opportunity, again, to demonstrate its “strong leadership” by waging war with the MILF. The president had to blame and fire its own peace negotiators, suspend the peace talks, and challenge the MILF to surrender (its commanders and accept an immediate DDR implementation) if it wants to move for peace. And recently this September, while many peoples from Mindanao (as part of the Mindanao People’s Caucus advocacy) appeal to her to put a stop on the ongoing military offensives as it destroys homes and kills innocent civilians, she insists that this has to be done to protect the people and the territorial integrity of the country. The president’s view is not unique, it is a view she has taken together with millions of Filipinos who maintains their firm belief that the Moro people can only be tamed by the use of force. It is a view that articulates well how the MILF, as the governments counterpart party in the peace negotiations, will only be worthy if it first accepts the latter’s own conditions and terms and puts itself at the mercy of the powerful Philippine military. It is also a view that upholds no equitable respect to the lives of innocent civilians who are often the collateral damage (mostly Moros) of this war. Lastly, the President’s statement and actions further divides by playing the “good cop, bad cop” game in which it allows the media and the opinion of the major influencers in Manila to capitalize on the miseries and trauma of conflict and unrest in Mindanao. We should not lose sight that this war has been provoked by local disputes and escalated by traditional leaders who were opposing the MOA-AD. It had become a communal conflict participated by not only some MILF commanders but also by CAFGUs and CVOs of local politicians. It was only a matter of time that these peace spoilers had succeeded in making President Arroyo take a stand—whether she values her commitments with the MILF (in their peace process), or her political allies and constituencies. The rest of it is history as we reach a full circle of this culture of war that president Arroyo’s leadership continues to nurture. How then, can Philippine leaders expect the Moro people to believe in a promise for peace in Mindanao when they continue to become the victims of military rule and pawns of national and local politicking? I have no regrets about my commitment to working for peace in Mindanao. It has taught me many life lessons and has made me proud of my identity and history—something I did not get while being assimilated as a Filipino in Manila. It has allowed me to build on more honest and meaningful relationships with the indigenous peoples and Christians in Mindanao, and in Manila, with mutual respect and acceptance. It has earned me new friends, who, this time, do understand how I feel when another war is waged in Mindanao—mostly because they, too, have found themselves to be stakeholders in this conflict and in this never-ending search for peace. Although leaders like presidents Estrada and Arroyo have never learned their lessons well with Mindanao, I console myself by being hopeful that their values and judgment cannot be the long lasting norm. Should the Filipino society truly want meaningful change, it would have to recognize that it is a nation of diverse peoples. And as a credible and strong nation that is part of the international community of nations, it must fully embrace a culture of peace, not war, as its societal value. As the end of the month of Ramadhan brings us to the celebration of the Eid’l Fitre, I wish to end this article with the following verses from the Quran. May be all be blessed! “But if the enemy incline towards peace, do you (also) incline towards peace, and trust in God: for He is the One that hears and knows (all things). Should they intend to deceive you,–verily God suffices you: He it is that has strengthened you with His aid and with (the company of) the Believers; And (moreover) He has put affection between their hearts: not if you had spent all that is in the earth, could have produced that affection, but God has done it: for He is Exalted I might, Wise. O Prophet! Sufficient unto you is God, –(unto you) and unto those who follow you among the Believers.—Holy Quran: 8: 61-64 [Mindanawon Abroad is MindaNews’ effort to link up with Mindanawons overseas who would like to share their experiences in their adopted countries, the countries they’re presently working in, their growing up years or homecomings in Mindanao, their hopes and dreams and suggestions for Our Mindanao Ayesah Abubakar is the coordinator of the Mindanao Peace Program at the Research & Education for Peace Universiti Sains Malaysia or REPUSM in Penang, Malaysia. E-mail ayesah@bangsamoro.com] |
. He emphasized that “the calls must be studied in the light of the new” policy.