Goodbye Mindanao?

UPDATED: This is BIG NEWS, if you ask me.

I'm curious to know what Wretchard thinks of this. He was part of the RP negotiating team in the last peace agreement with the MNLF. Is this good deal or a bad deal? Did we gave away the store?

And at first glance, it looks like the MILF can impose Sharia (sacred Islamic law) on the areas they control. Am I reading this right?

From the tribune:

Gloria carves out M’dnao for MILF

Bangsamoro people readies independent state; accord grants MILF its own military, police

By Gerry Baldo
Sunday, 10 23, 2005

The Philippines will no longer be one country, one flag and one Armed Forces of the Philippines — not after President Arroyo and the Moro Islamic Liberation Front mutually agreed, through a signed document, a copy of which was obtained by the Tribune, to partition Mindanao with areas designated as ancestral lands and homelands to be independently governed by the MILF, under the term “BangsaMoro People.”

The juridical entity will have sovereign executive, legislative and judicial powers and even non-Muslims, , i.e. Christians and indigenous people, will be categorized as the BangsaMoro People, governed by the juridical entity.

Not only will the Autonomous Region in Muslim Mindanano be under the control of the MILF as a juridical entity, but the Philippine territories will also be redefined for the official portioning, as agreed between the government and the MILF.

Territories to be given to the BangsaMoro People will include “traditional dominions and proprietary rights of the Moro sultanates (datuships, principalities, chiefdoms) and the Moro Province geographic areas will encompass Sulu, Zamboanga, Cotabato, Davao, Lanao, Bukidnon and Agusan, apart from the pinpointed territories in the Minsupala (Mindanano-Sulu Palawan) areas.

Moreover, the same juridical entity known as the BangsaMoro juridical entity will be a virtual independent and sovereign country, having been given the green light and empowered by President Arroyo to “build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic (systems)” as well as a “judicial system and correctional institutions.

The BangsaMoro people state has also been empowered to establish its own “police and internal security force.”

The agreement states that the existing military camps within the BangsaMoro people's homeland will be given back to the juridical entity.

The establishment and control of “the police and internal security are necessary to safeguard the peace and order situation.”

Even more telling is the agreement stating that “during the transition period, (central powers) will be devolved and Philippine laws will continue to operate as may be relevant, pending enactment of laws by the legislative body of the BangsaMoro juridical entity.”

It was pointed out to the Tribune that this is an affirmation by the Arroyo government of the BangsaMoro juridical entity's path toward an independent and sovereign state.

The MILF ancestral domain, as reflected in the documents, includes among others, civil and military reservations, settlements, parks, forest reserves, swamps and wetlands, rivers, lakes, falls, inland bodies of waters, bays, straits and channels (within the Mindanao-Sulu-Palawan region as part of the BangsaMoro people homeland) and sedimentary basins and mangrove swamps.

The takeover of military reservations includes the return to the MILF of the military camps recaptured by the AFP in 2000, such as Camp Abubakar and other satellite camps, as well as the Buliok complex.

The agreement calls for the “Restoration of sovereign/proprietary rights over the BangsaMoro people's homeland and the reparation for infringement (by the Philippine government) therein; Amendment/repeal provisions in public land laws, cadastral and mining acts discriminatory to BangsaMoro proprietary rights and interest by the GRP (Government of the Philippines Panel).

Under the terms of agreement, power and authority of the central government will be devolved to the BangsaMoro People as a “juridical entity” which can enact even tax laws as well as establish a separate and independent banking system “that is suitable for the BangsaMoro homeland.”

Under the current Constitution, it is only Congress that can initiate tax laws and other laws covering the entire Philippines. The banking system is also under the control and supervision of the central bank, the Bangko Sentral ng Pilipinas.

But under the GRP-MILF agreement, the present Local Government Units (LGU) officials will be made to finish their term (three years). “Thereafter, the BangsaMoro juridical entity will take over the financial aspect which shall involved setting up of a tax base and revenue collection.”

Moreover, it wants to be internationally recognized.

Former senator and opposition leader Francisco Tatad yesterday pointed out that the Arroyo government is now partitioning the country without the people knowing it as shown by the initial agreement signed by the GRP and the MILF.

During the weekly Kapihan sa Sulo media forum in Quezon City, Tatad said the Arroyo government on Sept. 16, in Kuala Lumpur, came up with an initial agreement with the MILF Peace Panel to create a BangsaMoro juridical entity.

Tatad explained that the creation of the BangsaMoro juridical entity is separate and distinct from the current Autonomous Region for Muslim Mindanao.

“They have defined executive, legislative and judicial powers. And they would also be allowed to collect their own taxes,” Tatad said referring to the MILF.

“Are we now cutting parts of the country for the MILF?” Tatad said, adding the agreement, which was signed by one Prof. Rudy Rodil, chairman GRP technical working group and lawyer Musib Buat, chairmen of the MILF technical working group, is against the Constitution.

“This must be discussed because it involves the territorial integrity of the country,” Tatad said.

The agreement, signed by the chairmen of the technical working groups of GRP and MILF panels, said “the parties agree to empower the BangsaMoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments.”

The parties also agreed that “the grant of authority to the BangsaMoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.”

Another contentious issue, according to Tatad, was the provision that “the parties agree on the establishment of government institutions in the BangsaMoro homeland during the transition period with defined executive, legislative and judicial powers and functions.”

The agreement also provided that the “parties agree that the BangsaMoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the BangsaMoro juridical entity.”

“By what authority have these commitments been made? By what authority is Mrs. Arroyo acting to allow her agents to make these commitments? Tatad asked.

Tatad pointed out that the Constitution mandates the creation of an autonomous region in Muslim Mindanao and that ARMM was created by an Organic Act enacted by Congress.

“What kind of juridical entity is contemplated for the MILF?” he asked.

In another document signed by Manuel Ibañez, for the GRP and Prof. Habib Macaayong, for the MILF, “historically, during the Sultanate period, the BangsaMoro people were already imposing tariffs and customs vis a vis commercial trade. The BangsaMoro Juridical entity has the authority to impose tariff on inter-island goods, among other tax impositions.

There will be a transfer of power and authority from the central government to the BangsaMoro Juridical entity, to be contained in the “comprehensive contract.”

MORE: U.S. says peace deal in Manila may pressure JI

UPDATE: More here from Bob Martin of Mindanao blog

The MNLF, on the other hand, doesn't like the RP-MILF deal.

MNLF hits gov't-MILF deal

First posted 06:51am (Mla time) Oct 17, 2005
Inquirer News Service

Editor's Note: Published on page A3 of the Oct. 17, 2005 issue of the Philippine Daily Inquirer

COTABATO CITY -- Former ARMM Governor Parouk Hussin, who is a ranking official of the Moro National Liberation Front (MNLF), said on Saturday the Arroyo administration had insulted and effectively dumped the group as an ally when the government entered into an agreement with the Moro Islamic Liberation Front (MILF) allowing the latter to draft the charter of an expanded Muslim region in the southern Philippines.

Hussin, also the MNLF foreign minister, told the Inquirer by phone that the government did not consult the group before it entered into the agreement with the MILF.

Hussin said the agreement was also an insult to the Organization of the Islamic Conference (OIC) which had brokered the 1996 peace agreement between the government and the MNLF.

"It's a dirty game. I don't know how they can play with the Bangsamoro people," Hussin said.

Read the whole thing.

Ummmmm, not a good sign... And if the other Muslim group controlling the ARMM, the MNLF (Moro National Liberation Front), didn't like the deal, what more about the Christians living in Mindanao?

UPDATE: Muslims compose 5 percent of the total population in the Philippines. In Mindanao, they comprise around 20.4 percent (according to the 2000 Census)

UPDATE: Here's Bob Martin's reaction to the article. He thinks it's not a good idea and might lead to war.

OK, so according to the Tribune, a virtual Terrorist group will take over the governance of Mindanao. If this is true, I am shocked. Don’t take me wrong, I am not saying that it is not true. The Journal is not one of the major newspapers, so I just think that we need to step back and keep a close eye on this situation

And this:

It was pointed out to the Tribune that this is an affirmation by the Arroyo government of the BangsaMoro juridical entity’s path toward an independent and sovereign state.

An Independent and Sovereign State? Well, to me that means a new country, right? I find this fascinating, because the truth is that many of the places that are mentioned as being part of the agreement have only a small population of Muslims. Here in Davao, I would be surprised if the City has 10% Muslim population. Bukidnon? The Muslim population there is tiny. Same in Agusan. To be honest, the information that is being revealed here is virtually unknown by the people here in Davao. I had heard that a peace treaty was nearing completion, but had no idea that the Philippine government was pretty much abandoning Mindanao. When I told my wife about this, the first thing she said was “there will be war in Mindanao”. I have to agree with her. If the information that was revealed in the news article is correct and factual, it will lead to war in Mindanao.

Read the whole thing. And Bob, people don't know about it because it's a secret deal made by the Arroyo admin and the MILF, done without consulting with other Mindanaoans (Christian and MNLF) that will be affected by this.

UPDATE: Here's my take on the situation.

The most important thing for the US right now is the War on Terrorism. And the most important thing for Mrs. Arroyo is her political survival.

The US have been pushing (begging even) Mrs. Arroyo to pass the anti-terrorism bill since 2003, but for one reason or another, her administration and it's allies doesn't have the time for it. ;)

Until now.

After dumping the US and it's allies in Iraq by surrendering to the terrorists (pulling out of Iraq prematurely ala Spain) and playing the China Card, now she desperately needs the US government's support again (just like in 2001) to prop up her illegitimate government.

And the US administration seems willing to cover her back, as long as does what the US wants her admin to do -- pass the anti-terror bill and get a peace deal done with the MILF ASAP

Now I'm not against the "anti-terror" bill per se, and I want a peace deal for Mindanao between the gov't and the MILF.

BUT I'm against an "anti-opposition" bill masquerading as an "anti-terror" bill. I don't trust the fake president and I don't want to see this so-called "anti-terror" bill be used against her GLORIAGATE critics and the political opposition. The fake president probably got an assurance from the US government that they will support her politically if the bill is passed. So Arroyo finally woke up and saw this as an opportunity to strengthen herself by trying to pass a bill that looks more tailor-made to fight the political opposition and to crush dissent than it is to fight the JI.

As for the peace deal that was leaked to the Tribune, I have only this to say. I hope Mrs. Arroyo that you know what you are doing and that this is not some desperate attempt by your administration to rush a poorly thought out "peace deal" at any cost (by giving away almost all of Mindanao to the MILF) just to get the US to prop up your illegal rule ala Marcos. (if the US supports Arroyo, then they have gone back to the old policy of choosing "stability" over "democracy". and we know how that turned out in the mideast, ano?)

UPDATE: Eduardo Ermita says the agreement is still a draft.