Quo Vadis, Mindanao?

PerryScope
by Perry Diaz

Within a matter of days, Mindanao was thrown into a cauldron of turmoil which could -- if not handled judiciously -- explode into a civil war in Mindanao. Muslim separatists and Christian settlers who have coexisted for the most part of the last century are arming themselves for what could become a Kosovo-like strife.

What could trigger an armed conflict is the "Memorandum of Agreement on the Ancestral Domain" (MOA-AD) between the Philippine government and the Moro Islamic Liberation Front (MILF) which would establish the Bangsamoro Juridical Entity (BJE). Accordingly, the BJE "shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands" and whose territory shall encompass the "land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region."

The agreement stipulates that "the core of the BJE shall constitute the present geographic area of the ARMM, including the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite." ARMM stands for "Autonomous Region in Muslim Mindanao" which is comprised of the provinces of Basilan, Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Lately, the MILF demanded that the southern part of Palawan be included in their "ancestral domain."

In regard to internal waters, "the BJE shall have jurisdiction over the management, conservation, development, protection, utilization and disposition of all natural resources, living and non-living, within its internal waters extending fifteen (15) kilometers from the coastline of the BJE area."

In regard to territorial waters, "the territorial waters of the BJE shall stretch beyond the BJE internal waters up to the Republic of the Philippines (RP) baselines south east and south west of mainland Mindanao. Beyond the fifteen (15) kilometers internal waters, the Central Government and the BJE shall exercise joint jurisdiction, authority and management over areas and all natural resources, living and non-living contained therein."

In regard to resources, "the BJE is empowered with authority and responsibility for the land use, development, conservation and disposition of the natural resources within the homeland." And here is the stinger: "The BJE is free to enter into any economic cooperation and trade relations with foreign countries." And it also have the option to "establish and open Bangsamoro trade missions in foreign countries with which it has economic cooperation agreements." The MOA-AD further stipulates: "Jurisdiction and control over, and the right of exploring for, exploiting, producing and obtaining all potential sources of energy, petroleum, in situ, fossil fuel, mineral oil and natural gas, whether onshore or offshore, is vested in the BJE as the party having control within its territorial jurisdiction." It's no wonder Uncle Sam is supportive of the MOA-AD.

On governance, "the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of, civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions, necessary for developing a progressive Bangsamoro society."

All in all, the MOA-AD -- if signed and implemented -- would create an autonomous state within a state. The BJE has all the functions and powers of a sovereign and independent state. The only thing under the MOA-AD that the Central Government would control is its duty and obligation to take charge of external defense.

Set to be formally signed by the Philippine government and the MILF last August 5, 2008 in Malaysia, the Philippine Supreme Court issued a temporary restraining order (TRO) the day before the scheduled signing. The High Court's TRO has put a monkey wrench on the questionable "peace formula" concocted by Malacanang. As soon as the TRO was issued, warfare between government forces and MILF rebels broke out in North Cotabato.

According to some legal and constitutional experts, the MOA-AD is unconstitutional since it would create an autonomous state within a state with a centralized system of government. However, the BJE would fit under a federal system of government. In other words, before BJE could be created, the Philippine constitution must first be amended to change the unitary system of government to a federal system. It is in this context that Presidential Adviser on the Peace Process Hermogenes Esperon Jr. conveniently advanced the idea of a constitutional amendment.

What Esperon has done is create a situation where Muslims in Mindanao and proponents of federalism would be allied with him and his master in Malacanang, Gloria Arroyo. The Supreme Court's TRO would actually play into Gloria's hands. Since the MOA-AD couldn't be implemented at this time, Gloria could put the MOA-AD on the back burner and fast-track Charter change (Cha-cha) through a People's Initiative or Constitutional Assembly. An amendment to the constitution could then be introduced to allow Gloria to be in contention for Prime Minister or President without term limit after her current term ends in 2010.

But the Muslims should watch out. There is no guarantee that once Gloria has achieved her goal of staying in power beyond 2010, she could scrap the controversial MOA-AD and move to quell the MILF rebellion once and for all.

For the Muslims in Mindanao, it would be back to square one. For Gloria, her dream of an "Enchanted Kingdom" would come closer to reality. All she has to do next is look for the rest of Yamashita's gold and she can then live happily ever after in her "Enchanted Kingdom."

(PerryDiaz@gmail.com)