I thought that was a good session on the Bangsamoro Basic Law with the CEAP. Its always difficult holding the attention of a very big audience but I thought I was able to do that. Without planning to, I became emotional the beginning as I shared my experiences on the peace issue and process, starting with the refugee camps in Cagayan de Oro in the 1970s, my work in the Jakarta MNLF negotiations, and when I joined the government panel post-MOA-AD fiasco to work out a transition back to the negotiations track. I did plan to end with an appeal for empathy and solidarity after reading Chairman Iqbals statement to the Bangsamoro House Commitee yesterday. But in between, I was hardnosed about the draft Bangsamoro Basic Law, pointing out potential problems and challenges and offering solutions to them. In particular, I suggest a new section on definition of terms with every important term, especially new ones, defined with reference to the relevant constitutional provisions. That way, the Supreme Court will not speculate or put its own interpretation on a controversial concept such as asymmetry and ministerial form of government as the law would have done that already. The definition of terms should also make it clear what the Bangsamoro is - an autonomous region authorized by Article X of the constitution. In a negotiation context, ambiguity was helpful so that the MILF and the government could reach closure. But in a legal context, ambiguity is a pathway to constitutional disaster. Other than this definition of terms, except in a few provisions here and there - strengthening further IP rights, defining ownership of natural resources to avoid conflict with the regalian doctrine, and the definition of Bangsamoro waters which can be misunderstood as territorial boundaries, I will respect the work of the Bangsamoro Transition Commission and Malacanang, OPAPP and the peace panels. I think more challenging are the political and practical aspects of putting into place the Bangsamoro. Will all the territorial units in the core area actually vote yes to join! What will happen to those municipalities who vote yes but their current province does not? And if you exclude the rest of the province, will that be constitutional? Finally, real questions of resources and capacity will need to be addressed for the Bangsamoro to work. I have doubts whether the national government has actually committed sufficient resources for a regional government given the highest form of autonomy. I fear not based on the text of the BBL. Years later, this could be the excuse why the Bangsamoro failed. Especially of future administrations renege on commitments. And on then other side, there is the capacity of individuals - politicians and bureaucrats - who will people the Bangsamoro. Are there enough of them? Can they do the job given the magnitude of their new responsibilities? At the end , I appealed to my audience, especially from Catholic schools in Mindanao, to help in addressing the political and practical challenges by providing neutral forums for sober discussion about the draft law and in building capacity as quickly as possible.
Posted on: Thu, 25 Sep 2014 05:11:12 +0000
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