Bangsamoro and their claim for a Basic Law

By Rod P. Kapunan

Here is something about Bangsamoro and their claim for a Basic Law. Those who are about to decide the case should read this!

The newly organized MILF is far-more dangerous not only to the leadership of the MNLF, but to the Armed Forces. The MILF would have no reason to rethink why it has to create an independent Islamic state in Mindanao. The MILF instilled to its followers the idea of creating a Bangsamoro state which inculcates deeper religious and political commitment to Islam, an ideology that transcends their loyalty to the Sultan of Sulu. This explains why the more violent and fanatical variety of Islamic group fighting the government known as the Bangsamoro Islamic Freedom Fighters (BIFF) and Abu Sayaff appear to be more at ease with the MILF, with many even suspecting they are one and the same. Some say the Abu Sayaff is the dirty operator of the MILF, although they are quick to distance themselves. The coziness of the MILF with the Abu Sayaff, interpreted by some as an informal alliance, was observed during the Estrada Administration when practically the two joined hands to stem the tide of the government offensive. 

If ever, the MILF should decide to recognize the Sultan of Sulu's status, he would have to secure first the consent and authority from the MILF, a political remapping on the role of the Sultan which is wholly favorable to Malaysia. That could mean under the proposed Bangsamoro basic Law, the Sultan could only continue his claim of Sabah if authorized by the MILF leadership. The implication is serious because that agreement now has the imprimatur and support of the government approved by President Noynoy Aquino, the son of the man many suspected as Malaysia’s inside man in our government. 

The peace agreement signed on October 15, 2012 between the government and the MILF in Malacanang contained tricky provisions that technically estopped both the Sultan of Sulu and the government from pursuing our Sabah claim. This can be gleaned from the fact that while said agreement did not state our position to officially drop our Sabah claim, but for the fact that the Bangsamoro is now acknowledged as the predominating authority within that jurisdictional sphere, it follows that the Sultan of Sulu can no longer pursue his Sabah claim without the authority given him by the Bangsamoro. 

If that could be denied by the Bangsamoro to the Sultan of Sulu, logically it follows that the government, by virtue of the instrument of cession given to it by the Sultan, could no longer pursue that policy of claiming Sabah. The Bangsamoro need not even drop our Sabah claim, but only refuse to give the Sultan the authority to pursue the claim invoking that to do so would violate the agreement. Besides the MILF could readily invoke the Bangsamoro Basic Law as supreme once approved by Congress and declared constitutional by the High Court. 

One thing more, the fact that the Philippine negotiating panel acceded to the use of a single word title “Bangsamoro” without the MILF denominating of whether it refers to an autonomous region, or to a state waiting to ripen to full status remains a 64 dollar question. The title given to the proposed law ratifying the Manila Agreement is clear that is will be called the Bangsamoro Basic Law. It means that all laws they feel would be inconsistent to the Bangsamoro Basic Law could be disregarded by them as unconstitutional to their basic law, or worse may even contest the applicability of our Constitution on matters involving the validity of existing laws pertaining to their rights. 

The use of the single word Bangsamoro may be innocuous but it has reference to an embryonic state which the MILF leadership could invoke as having been impliedly recognized by the son of Ninoy Aquino, President Benigno Simeon Aquino. The MILF could easily twist the term as in fact the name of a state which has been impliedly recognized by our signing of the agreement.

Right now the Bangsamoro exercises its powers in the context of an autonomous region, but that is as far as the government is made to believe. Should the situation change, it could simply proclaim itself as a state much that there is no prohibition or identification of it as an autonomous region. It can readily proclaim itself as the Bangsamoro Republic or the Bangsamoro Islamic Republic. Other countries like Malaysia would readily extend recognition to it because it wholly favor its creation and in fact acted as the broker for the MILF, and witnessed the signing of agreement. Some political analysts and constitutionalists say that Malaysia need not even recognize it as a state. It can claim that the Bangsamoro state already existed, and could insist on its claim being a witness to the creation of a Bangsamoro state.