Saturday, October 20, 2012

The RP-MILF Framework of AGreement: Part II



There was big hoopla at the signing of the Framework of Agreement between the government and the MILF last week. I found that somewhat amusing because  one of the clearest  characteristics of the Agreement is lack of clarity.  It leaves so much unsaid.  As the Agreement itself says, “The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year.” So, what did the parties really agree about beyond agreeing to continue working?
Moreover, what will be achieved by the end of the year, that is, a little over two months from now, will not yet be the peace agreement itself but the guidelines to be followed in formulating the substantive provisions of the peace agreement.  The full peace agreement will be the Basic Law formulated by Congress and approved in a plebiscite by the constituent units.  Year 2016  seems to be the target.
Let me now comment on some possible constitutional issues which need elaboration.  The “ministerial” concept has been criticized.  I have no problem with it even if I don’t know what is exactly meant by it. I guess it can mean either a Cabinet form or a parliamentary form of government.  Whatever it is, it it really make no problem because, while the Constittion specifies a presidential form of national government,  it does not have the same prescription for local governments.  We might recall that Metro Manila had a Commission form of government which was neither prescribed nor prohibited by the 1973 Constitution.
More crucial is the envisioned relationship between the central government and the Bangsamoro government.  It is called “asymmetric.”  Again I do not know what this is meant to hide.  Could it be that the Framework is just avoiding the term “associative” found in the MOA-AD of 2008?  If this is the case, we have to recall what the Supreme Court said of that relationship.  The Court rejected it as having no place in the Constitution.
Of course, the 2008 Court was referring to specific provisions of the MOA-AD as containing the “associative” principle.  We do not yet know what the current Court might say since we have not yet been told what the Framework means by “asymmetric” relationship.
Central to the formulation of the Basic Law will be the role of Congress.  It is Congress that will enact the Organic Act for the autonomous region.  The shape of Congress that will enact the Basic Law will be affected by the coming national elections.  The senatorial and congressional campaigns, especially in regions that will be affected by the desired Bangsamoro Basic Law, will have to take into consideration the sentiment of voters in those areas.
In framing the Bangsamoro Basic Law, the main guide should be the Constitution.  This is not clearly reflected in the Framework.  The Framework says that the “provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties.”  Similarly it says that the “Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.”  This seems to mean that Congress, in the formulation of the Basic Law, must accept any agreement of the parties.  This seems to make Congress a rubberstamp for what the Agreement wants.  Again, this needs clarification.
The Framework recognizes as possessing the Bangsamoro identity those “who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood” together with their “spouses and descendants,” but adding that the “freedom of choice of other indigenous peoples shall be respected.” This is the same as the provision in the MOA-AD.
Will this satisfy those who are not indigenous Moros?  Both the MOA-AD and the Framework lump together the identities of the Bangsamoro and other indigenous peoples living in Mindanao including Palawan.   More acceptable is the provision of the current Organic Act which distinguishes the Bangsamoro people, that is, those who are believers in Islam and who have retained some or all of their own social, economic, cultural, and political institutions, and other Tribal peoples whose social, cultural and economic conditions distinguish them from other sectors of the national community.
Another contentious issue will be determination of the areas that will be part of the Bangsamoro territory.  What the Framework proposes is larger than the ARRM territory today.  This will require a plebiscite as prescribed by the Constitution.
Next there is the powerful Transition Commission.  Will the MNLF be given a role?
These are some of the potential issues already reflected in the current shape of the Framework of Agreement.  Other issues will arise from the final form of the Framework when completed at the end of next December.  Everyone will be waiting for that final Framework of Agreement.  They can either increase or diminish the volume of the current chorus of jubilation.
22 October 2012

3 comments:

  1. Dear Fr.

    How are you?

    Can I have your email address?

    With Kind Rgs,
    Nilantha Ilangamuwa
    Email
    ilangamuwa@gmail.com

    ReplyDelete
  2. Dear Rev. Bernas,

    May i comment po?

    Reading -
    http://www.reuters.com/article/2013/08/13/us-philippines-glencorexstrata-tampakan-idUSBRE97C04820130813


    Tampakan gold copper reserves are estimated to be worth USD850B,

    PROJECT COST @ USD5.9B,

    OF WHICH SMI/GLENCORE/XSTRATA/INDOPHIL INVESTING FROM

    USD4M MONTHLY WHICH IT WILL DOWNSIZE TO USD1M.

    My question : Is it worth the possible damage to the environment for government to collect only 2% in excise tax as government share from the USD850B worth of non-renewable gold/copper reserves?

    Do we agree with Prof. Monsod

    http://opinion.inquirer.net/58521/worse-than-the-pork-barrel-scam#ixzz2bt9LYNi4

    that our leaders, in approving the FTAA, sold our patrimony to foreigners in exchange for a measly share of what the State owns?

    What happens to the future generations of Pnoys who are born indebted? Current ph foreign debt

    http://www.philstar.com/business/2013/06/22/956661/foreign-debt-down-59b is

    @ USD59B.

    We can see how, potentially, this state resource could be used to pay off our external debt burden that eats up from a third to almost half of yearly national budget.

    http://www.indexmundi.com/philippines/public_debt.html

    http://arnoldpadilla.wordpress.com/2010/09/01/2011-national-budget-reducing-the-debt-burden/

    http://business.inquirer.net/74637/govt-debt-burden-seen-nearing-p6t

    If the honorables in the Senate and the House try not to be scoundrels with their PDAFs and prioritize a better Mining Law to require the executive branch to improve the term and conditions of service contracts previous regimes had signed in favor of private foreign corporations, as to require fairer share from mineral wealth to go to a fund to pare down foreign debt and preserve the ecology, then every PNoy born will not suffer the fate they suffer now.

    Think of the many hungry homeless street kids, what will happen to our future as a country if our leaders in the SC, Congress and the Executive continue to love money and power in this world at the expense of the country's future?

    What could we do together to benefit the future generations?

    Hope to be remembered as a poor soul striving to uplift the economic welfare of the kids today and tmrw. I decided to study mineral reserves valuation to help government "securitize" these reserves to pay off ASAP the external debt burden.

    Local public debt is not as onerous. Its the external debt burden that should worry our DENR-DOF-DBM regulators because it eats up so much of the national budget that should otherwise go to education, social welfare, and national/local security goals.
    As Ph top thinker, will you help persuade government to adopt a fairer policy in the grant of service contracts over mineral wealth EDU (exploration, dev't, utilization). If we do not demand responsible and accountable governance from our leaders, we will condemn ourselves to live in a 3rd World country. Its a shame.


    http://www.nber.org/chapters/c7525.pdf

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  3. now that MNLF chair declared independence (historically, many of his tribesmen do not identify themselves as PNoys), would "imperial manila" allow more autonomy for all the other regions in the country, in fairness to all citizens? Will central government strive to be more responsible and responsive to the needs of the people today and tmrw? praying it be so...

    ReplyDelete