UNSOLICITED ADVICE TO CONGRESS ON BBL By Jesus Jess Dureza. (Author previously served as chief government negotiator and presidential adviser on the peace process) DAVAO CITY --- I have two initial suggestions to Congress, if I may, as it works on the proposed bangsamoro basic law (BBL) that will replace the ARMM. One, make it truly inclusive for all and not only for the MILF. Two, extend the transition period to somehow give it a fair chance of succeeding. Of course, there are several other enhancements but let me focus on these two because they are, in my humble view, crucial. MILF A MINORITY -- Lets face it. The bangsamoro area is not predominantly MILF. In fact, MILF is a minority in the present ARMM although it admirably carried the torch to secure what is rightfully due to the whole bangsamoro. Truth to tell, many areas that suffered in the conflict, up to now, view the MILF as the enemy responsible for bringing misery and death. Others seriously doubt MILFs capability to make things better for the bangsamoro given the depth and magnitude of the challenges at hand. And there are many others who begrudge the MILF for taking up arms to virtually blackmail government and the public into giving them concessions in the peace agreement. Add to this the question of sincerety and capability to marshall and whip into line their own forces becoming so-called armed rogue elements in their own controlled areas. Whatever it is, lets give the MILF the benefit of the doubt that it can hack it, to use a common lingo. LIKE A BUS RIDE --This journey is akin to a bus ride, with the MILF now at the drivers seat. To be able to successfullly reach its ultimate destination, the peace bus must have as passengers not only the MILF. Everyone must be on board to include the MNLF, the mainstream muslims, the present muslim political leaders, or even the so-called rogue elements if they wish to hitchride in this bus. But those who prefer to miss this bus ride, let it be. They can be dealt with accordingly later in the day. Or they can take the next bus ride to catch up to converge. ONLY ONE ROAD MAP ---Congress , in passing the BBL, must work for convergence. It must consolidate the two (2) peace agreements: the 1996 peace agreement with the MNLF and this new CAB with the MILF. It must craft a common road map, not only for the MILF but for all muslims and non-muslims for the peace bus to find its bearings. One way for Congress to do this is to reach out to the MNLF by seeing to it that the results or output of the so-called tripartite review of the MNLF peace agreement which I initiated during my time at OPAPP be consolidated with the new agreement with the MILF in the proposed law. This way, there is common feeling of ownership of all factions and groups. MISUARI --- Although there were token efforts to bring in Nur Misuaris MNLF and be part of the transition commission to ensure convergence in the latter stages of the MILF peace talks, OPAPPs obvious disdain towards Chairman Nur Misuari was not conducive in bringing in the desired results. That Nurs group being tagged as a spent force by Malacanang and the line that MNLF had already allegedly squandered its chance when they governed the ARMM with Misuari as governor following the 1996 peace agreement, obviously did not at all help. He blew it, was a usual refrain. But mind you, there was indeed some basis for this. But Malacanangs mishandling of Nur was given as one reason for the Zamboanga siege. Methinks it could have been better handled. Anyway, thats now water under the bridge. TRIPARTITE REVIEW --- A little flashback. Sometime in 2006 when I was working at the office of the presidential adviser for the peace process ( OPAPP) I started the so- called tripartite review of the 10- year old MNLF 1996 peace agreement due to the unending angst of Nur Misuari about alleged non-implementation of certain commitments by the government. Tripartite because it involved the MNLF, the GRP ( government) and the OIC, ( Organization of Islamic Conference with Indonesia as lead country which acted as peace broker.) Nur always harangued government during all OIC ministerial meetings. He created waves because he was received like a head of state by islamic countries as MNLF was granted an observer status to represent muslims in Southern Philippines. (MNLF still, up to this time, enjoys this exclusive francise). We thought then it would be best to do a tripartite review even as we negotiated with the MILF so the MNLF would not feel being sidelined. It was also done so that the public and the muslim world would know whereof Nur was talking through his hat or where GRP indeed had to do more. OIC sent Egyptian Ambassador Al Masry who became my close friend. We even went together as far as going to the MNLF camp of Ustadz Habier Malik in Panamao, Sulu to check things out. (He is the same Malik who, by the way, figured prominently in last years Zamboanga siege.) ROAP MAP --Governments road map at that time was, and should still be, simple. Any signed agreement with the MILF and any output from the MNLF tripartite review would all be consolidated in Congress in the enabling law. Hence, what would come out from the legislative mill would be for all bangsamoro , not only for the MILF. TRANSITION AUTHORITY -- Heres something I feel, equally important to consider. The Bangsamoro Transition Authority (BTA) will be constituted upon the approval of BBL with President Aquino making presidential appointments to constitute it. BTA will take over from the present ARMM officials to govern the new government. It will be MILF-led and will start entrenching and operating the new bangsamoro. I propose that the BTA, led by the MILF includes proportionate representatives from the MNLF, the traditional political leaders or tribal leaders, even rogue elements, if they so wish, and civil society. LONGER TRANSITION-- Let me go to my second point. In the proposed BBL, the length of transition time in allowing the MILF agreement to make it work and show positive results is too short. It should be extended. The road does not look rosy. If Congress approves the BBL even in the best case scenario by December, 2014, a plebiscite will be held 120 days therefrom or by April 2015. This is a crucial stage because the affected areas will vote whether they want in or out of the bangsamoro area. If we are not careful and prudent, the initial shocker will be that the new bangsamoro territory may even lose some areas and will be smaller than the present ARMM. This will be a serious initial setback. But by making the BTA multi-membered and inclusive and the transition period extended, it stands a better chance of surviving the first challenge in the plebiscite. MOVE ELECTIONS --- Most importantly, if the elections are held on 2016 as envisioned or about one year after the plebiscite ( it can be shorter if the BBL gets stuck in Congress) the MILF and the other groups will have no time to organize as a political party, capacitate themselves and earn public goodwill to be able to fairly compete with the entrenched political leaders. Most crucial is that they will lack time to show positive results and convince the doubters. In that light, the MILF and/or its candidates will stand no fair chance of winning. BETTER 2019 --- Instead of setting the bangsamoro elections in 2016, Congress should move it to 2019 to coincide with the next local elections. This will allow the MILF-led BTA enough time to perform and deliver and show to the bangsamoro and to the world that they can make a difference and the new framework governance unit, indeed, is the correct formula for them. A shorter period will prematurely jeopardize and throw to waste what everyone fought and worked for. However, if by 2019, theres not much done or nothing much has changed, then lets all forget it. Nevertheless. we should try and give it our best shot. PNOYS LEGACY -- An inclusive law and longer period to entrench will give the peace agreement a fair chance to succeed. Hence, this will ensure a lasting durable legacy that President Aquino shall be remembered by. An early debacle in 2016 will immediately relegate him and the whole effort to the dustbin of history. FEDERAL --- My final point. If this bangsamoro formula works, we have one foot inside the federal system. If the whole country eventually decides to dismantle a Manila-centric government and shift to federal, the soon-to-be Bangsamoro Federal State can very well be the harvinger. Then we can have the Federal State of Davao or Federal State of Zamboanga, Federal State of Ilocandia, of the Ilongos, and so on and so forth. We are already regionalized and our federal states can just follow these regional groupings. Mark my word: with the special concessions given to the muslims, other Filipinos will also demand for equal opportunity. If we all succeed in moving towards federal, we ultimately leave the fate and destiny in the hands of the locals who best know what is good for them and whose status and well-being as citizens will be determined by how they handle their affairs and charter their own destiny. And no longer kowtowing and feeling dependent on or endlessly blaming Imperial Manila. This can be a turning point for all. Who knows.... But for sure. Congress is in the cusp of making history. -30-
Posted on: Sun, 14 Sep 2014 09:17:53 +0000
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