Thursday, October 23, 2008

Mindanao, The Land Once Promised

" kris, the traditional Muslim armour, Iligan City" by orange tulip


" the exhilarating skies of North Cotabato countrysides", by orange tulip



"the ricefields in Zamboanga, ready for planting", by orange tulip




What we want is peacetime so we can return to our home,” said the 40-year-old farmer who, with his family, had been staying at an evacuation center. “It’s difficult here; this is not our home. What about our food, our livelihood, our children’s education?
- as reported by the Mindanao Bureau, Philippine Daily Inquirer



The Farmer’s Reaction Multiplied
This farmer, as reported by the Mindanao Bureau of the Philippine Daily Inquirer http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081016-166596/Military-bracing-for-trouble-in-South captured the sentiments of the ordinary people of Mindanao(Philippines). It now makes sense to me why long before this MOA-AD issue, it was called “The Promised Land”. I was telling few friends that at least they tried to give semantics to such three words. A part of Mindanao “was promised” to the MILF by the GRP Peace Panel through the MOA-AD, sadly without any consultations with concerned persons.


Thanks to their proactivity, local officials of North Cotabato, Iligan City and Zamboanga (who claimed that they were not consulted by the government panel) were able to beat the signing of the “initialed” MOA-AD scheduled in Malaysia by filing a temporary restraining order at the Supreme Court. Thus the promise to give specific parts of Mindanao as mentioned in the supposedly “peace agreement” was temporarily unfulfilled pending to the Supreme Court Decision of the Philippines which activated the “tantrum- like” behaviour of MILF Commanders Bravo and Kato leading to a so-called "rampage" in North Cotabato and Lanao del Norte resulting to many losses, pains and sufferings. According to the news reports, “ More than 60 civilians were killed in the attacks and more than 600,000 people have been displaced.” The trauma of those who experienced or witnessed the chaos will always be unquantifiable and probably would take time to heal.


These statistics have brought more chills. If someone has been to Mindanao, he/she would not be scared by the news as it sounds to be. The beauty of the island has always been eclipsed by the "troubles" that the island has underwent. Instead of the nature's bounty, magnificent seascapes and marvelous landscapes, Mindanao is pretty popular for news related to kidnapping, war and lately rampages. It is not really scary to travel and relish nature’s bounty in the island considering that these “rampages”, thank goodness are not everyday. Moreover, the “ military operations” are not on a 24- hour period seven days a week, and only specific areas are “critical. “ Yet when one has passed by or at least tried to make a visit to these evacuation areas (where displaced families including women and children live at least temporarily the length of time is with much uncertainty), then he or she can fully empathise with the sentiments, pains and sufferings of this farmer. Practically, “time stood still” for them and unless real peace where no more killing between opposite forces and at times hitting civilians in the crossfire happens. I keep on wondering and wish that their sufferings would end soon.







Like all others from different sectors who are deeply concerned, I have eagerly awaited for the final decision of the "court of last resort", the Supreme Court while crying for peace in Mindanao (http://reckonsofspring.blogspot.com/2008/08/cry-for-peace-in-mindanao.html) (http://reckonsofspring.blogspot.com/2008/08/continuing-cry-for-peace-in-mindanao.html). I am hopeful that peace will soon be tangible enough or at least felt by the residents of Mindanao.




The News Accounts on the Final Decision
Last week, the final decision made it in the headlines, editorials and opinion pages. Even though I wished and hoped a lot about it considering how the Supreme Court decided in the case of Romulo Neri invoking executive privilege, I was worried it might bring unpleasant surprise. Joining the others, I rejoiced in the decision no matter what. Accordingly,” The Supreme Court on Tuesday voted 8-7 to find the MOA-AD “contrary to law and the Constitution” with its provisions on the creation of the Bangsamoro Juridical Entity (BJE). “ Arguably, this is a celebrated or unforgettable case I guess, in the history of the Philippine Supreme Court. http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081016-166603/Govt-negotiators-disregarded-Charter. Bits of the news are the following: In his opinion concurring with the Supreme Court majority decision rejecting the memorandum of agreement on ancestral domain (MOA-AD), Puno said: “During the whole process, the government peace negotiators conducted themselves free from the strictures of the Constitution.”



“[Under the agreement) the BJE is granted powers of governance which it can exercise without need of amendments to be made to the Constitution or existing law or without imposing any condition whatsoever,” Puno said.

He added: “No one can claim he has a blank check to violate the Constitution in advance and the privilege to cure the violation later through an amendment of its provisions.
“Respondents’ thesis of violate now, validate later makes a burlesque of the Constitution.”

Justice Antonio Carpio, in his own separate concurring opinion, said the executive branch took on the powers of Congress and the people when it committed the constitutional amendments to pave the way for the agreement’s implementation.
“[Any] peace agreement that calls for amendments to the Constitution—whatever the amendments may be, including the creation of the BJE—must be subject to the constitutional and legal processes of the Philippines,” Carpio said.


He said the constitutional power of the people to approve or disapprove such amendments “can never be disregarded.”
I have always enjoyed reading the Philippine Star and Daily Inquirer. I read both on a daily basis except when I do not have the access. I try to find time to compare news accounts, read and analyse opinions, with the editorials as finale over tea before going to bed(yes, I read the news at night, not during breakfast like most people do). Most interesting are these links: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081016-166603/Govt-negotiators-disregarded-Charter, http://www.philstar.com/archives.php? aid=2008101597&type=2 and http://www.philstar.com/archives.php?aid=20081016142&type=2.


This editorial pagehttp://opinion.inquirer.net/inquireropinion/editorial/view/20081017-166830/Executive-bull,) posed three questions which made me reflect:

Does Malacañang actually expect the public to believe that, on the fundamental concession of a Bangsamoro Juridical Entity (BJE) government that had an “associative” relationship with the “central government,” government peace negotiators led by another retired general, Rodolfo Garcia, had proceeded without the President’s express say-so?

Does Malacañang actually expect the public to believe that, on the essential point of defining an expanded territory for what would have been the replacement of the Autonomous Region in Muslim Mindanao (ARMM), government peace negotiators proposed an arrangement the President herself did not approve of?

Does Malacañang actually expect the public to believe that, on the extraordinary breakthrough that would have allowed the BJE to set up foreign missions and conduct diplomacy unilaterally, government peace negotiators pulled a fast one on the President?"


As a member of the so-called public, I join the writer of this article in asking these questions not only because I am very interested, but primarily because beyond the intellectual and analytical point of view, my heart have felt and my eyes have seen the sufferings of humanity brought by this seemingly endless quest for peace.


Like what I have been expecting, Amando Doronilla, a famous political analyst in the country, whose analysis of various political scenario in the country have immensely helped me while doing political science down under, wrote his exemplary analysis over the matter a day after the most awaited and arguably heralded decision came out. It was very interestingly titled: “ A stinging rebuff to the administration “
http://opinion.inquirer.net/inquireropinion/columns/view/20081017-166834/A-stinging-rebuff-to-the-administration . His analysis are itself stinging with excerpts as follows:
The Supreme Court declared unflinchingly on Monday as illegal and unconstitutional the Memorandum of Agreement on Ancestral Domain (MOA-AD) that sought the establishment of an expanded Bangsamoro homeland in Mindanao with an 8-7 vote, in one of its closest decisions during the Arroyo presidency. The tight vote did not mask the stinging rebuff administered by the Court to the administration despite the fact that most of its members have been appointed by President Gloria Macapagal-Arroyo.

Days before the promulgation of the decision, legal circles buzzed with speculations that the Court might vote to inhibit itself from making a decision on the substantive aspects of the case. And the fact that the Court trumped these apprehensions bolstered its prestige. It showed that in moments of grave national turmoil, as in the case of the renewed separatist war in Mindanao, the justices could transcend considerations of personal gratitude to the appointing power. The decision was a sterling display of independence. It declared the MOA-AD, initialed by the government’s peace panel and that of the separatist Moro Islamic Liberation Front, “contrary to the law and the Constitution.”

The decision resolved two substantive issues, one relating to the manner in which the MOA-AD was negotiated, and the other relating to its provisions. The issues were: (1) Did the government’s peace negotiators violate constitutional and statutory provisions on public consultations and the right to information when they negotiated and initialed the MOA-AD? (2) Do the contents of the MOA-AD violate the Constitution and our laws?

What Happens Now?
Jarius Bondoc, a celebrated and fearless journalist with much passion for truth no matter what or who is involved has been writing a lot about Mindanao in his opinion column Gotcha! for The Philippine Star. (I became his huge fan since his ZTE related expose and I have tirelessly followed his articles containing exposes and analysis and concern about various issues very important to the masses, the latest of which is the ZTE mining in Mindanao that would probably be an interesting subject for another post) His column, as a reaction to the Supreme Court Decision on the Philippine Star was aptly titled “What now for Mindanao? (
http://www.philstar.com/archives.php?aid=20081016140&type=2). Although I have attached his whole article I want to underscore his very important point to which I strongly agree. Among other issues, he argued: " It would be tougher now to renew peace talks with Moro separatists. The fault is not with the Supreme Court for junking Malacañang’s Memo of Agreement-Ancestral Domain with the Moro Islamic Liberation Front. The hitch is Malacañang itself. Nobody trusts it anymore to forge a settlement — not the judiciary or the legislature, not the local officials or the military, not the Christians or the Moros."


I believe no Mindanaoan would favour the idea that fighting should go on in the island. After all, every Mindanaoans and Filipinos for that matter has been longing and working for peace even if it has remained elusive all these years. I think even the Muslim secessionists and the government forces are already tired of continuous war and probably, they keep on fighting simply because they have to. Most importantly, the Christians and Muslims, soldiers and rebels either caught in crossfire or displaced, or doing their duty knows the feelings of pain and suffering. And regardless of religion, social and economic status, Mindanaoans would prefer to live harmoniously with each other given the chance.

And while rhetoric about the SC decision is interestingly going on across sectors, I wonder how the families of the 60 people reportedly were killed in the recent war keeps on going after such huge losses, and I wonder how the 600,000 displaced people are living their day- to- day situations in the various evacuation centers where they are housed. Do they have enough food to eat? Can they sleep well at night in their makeshift beds or probably in the grounds? Do they have at least a mat or a blanket to keep them warm in cold or rainy evenings and early mornings and do they have clothes to wear? It has been almost two months since they were displaced and as much as the local officials wanted to help their constituents do they have enough funds to do so? And how could the infants, toddlers, pregnant women, handicapped and senior citizens survive this man-made circumstances?





The DND Chief stated that they are ready to rumble http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081016-166596/Military-bracing-for-trouble-in-South). This is both good news(although sends chills as well most probably to the civilians both Muslims and Christians) alike in Mindanao because the government forces are ready and willing to give their limb and lives to defend the civilians from possible further atrocities from the MILF and defend the nation as mandated by the constitution. But when would these fighting stop? I just pray that the MILF would hold on to their promise(http://www.philstar.com/index.php?Opinion&p=49&type=2&sec=25 ) and the Supreme Court Decision would serve as “ eye opener” to all concerned.


Search for Other Avenues
As the military are preparing, further avenues are sought by many people from various sectors. (
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20081016-166596/Military-bracing-for-trouble-in-South) . Reports showed concerns for appeal as follows: Appeals for peace continued to be aired in the wake of the high court’s ruling on the MOA-AD.


In Cotabato City, Auxiliary Bishop Jose Colin Bagaforo expressed dissatisfaction with the ruling but expressed the hope that it would not be “the end of everything.”“Peace will still be attained in Mindanao,” Bagaforo said, adding that the government and the MILF only needed to explore other avenues to pursue peace.

Harumi Kitabayashi, deputy resident representative of the Japan International Cooperation Agency, told reporters his government was hopeful that the peace negotiations would resume soon. “My government is hoping that both sides will find a way to proceed with mutual understanding and cooperation,” Kitabayashi said during a visit to a Japan-funded project in the Autonomous Region in Muslim Mindanao.She said donor-countries wanted peace in Mindanao before putting in “more resources for economic development.”“Unfortunately it cannot be realized at the moment, but we are waiting,” she said.

In a long-distance call from Switzerland, where he is attending the annual assembly of the Inter-Parliamentary Union, Sen. Rodolfo Biazon said the government should promptly resume peace talks with the MILF. But this time, Biazon wants Indonesia to facilitate the peace talks.“I still maintain my position that the government should explore the possibility of the peace talks being resumed without foreign intervention. If, however, this is not possible, we should explore the proposition that another country be the broker of the peace process instead of Malaysia,” he said.Biazon, the chair of the Senate committee on national defense and security and a former AFP chief of staff, said Malaysia had “conflict of interest” in brokering the peace process because of the standing Philippine claim to the state of Sabah.

The same report stated the reactions of the very people responsible for seeking petition to stop the Peace Negotiating Panel to finalise the "agreement with MILF"since their constituents and their provincea are most affected. Their reactions to the Supreme Court decision are as follows: North Cotabato Vice Gov. Emmanuel Piñol, one of the petitioners against the MOA-AD, urged the government to “reassess and restudy” its position in relation to efforts to solve the so-called Mindanao conflict.“Now is the time to reassess the government’s position on whether to continue talking with the MILF, which does not recognize the Constitution,” Piñol told the Catholic-run Radio dxND in Kidapawan City.Zamboanga City Rep. Isabel Climaco also said the junking of the MOA-AD should make the government rethink its strategies.“The [high court’s] decision should become the government’s guide in talking with the MILF,” she said.Zamboanga City Mayor Celso Lobregat said the decision was “very providential” because it “saved the country from being dismembered.”

Cry Turns to Prayer for Peace
There is always a room for another chance, I believe and I hope both parties would finally sit down and talk to come up with a genuine solution for peace. Mindanao is beautiful- it has the promise of better life for its settlers due to its abundant natural resources- rich soil sunny skies and lovely landscapes and seascapes that could be relished by native settlers and visitors alike, once peace and order is no longer an issue. Lots of blood of both military and secessionist groups has been poured over the land many years and months back, or probably even before i was even born in its very soil- in the process of the search for peace. I hope that sometime in the near future, the lives of these men and women who fought gallantly with each other for the causes that they believed in would not go to waste.



Let us all give peace a chance, who knows, it might work this time?



And I hope that displaced residents just like the farmer who seem does to be quite unaffected by the very significant result of the Supreme Court ruling on MOA-AD mainly because he is focused to a much simpler yet seemingly unfulfilled wish- to be able to go home with his family. And may all others who are suffering or displaced due to once unfulfilled promise- of giving away parts of Mindanao would be able to go home to or with their families too, and go on with their lives.


And my cry for peace turns to a prayer for peace in Mindanao . I pray that it would become a promised land in its real meaning(as far as the peacemakers are concerned)- for it to be finally be peacefully and happily liveable, by Muslims, Christians, the indigenous peoples and migrants alike.

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