President Aquino, in his speech, tries to say that those who oppose the passage of the BBL into law are enemies of peace. In the mind of the president, there are only two kinds of people---those who support the BBL in its entirety and those who oppose it in its entirety.
Excuse me, Mr. President, but please recognise that there is another group of people out there--those who love peace and want a more improved and more acceptable Bangsamoro Basic Law.
Like I said in my previous entries, the BBL is being pictured as the panacea to end the Bangsamoro Question. My take is--it is not. First off, the proposed BBL is not in synchronicity with the present system of governance being implemented in the Philippines and thus, is expected to clash with it in the future. And secondly, like the ARMM, political forces with interests in Mindanao, will surely destabilize it.
The best solution to the Bangsamoro Question is its inclusion as a state in a federated Philippine governmental system. If we want it to succeed, the Bangsamoro Republic must never be considered as such, as a semi-state, but a full state under a federated system. In that way, the full resources of the federation will be utilised to help it succeed.
Under a Federal system, the National Government still holds political power and control yet recognises the unique processes of the state. There is a symbiosis between the majority and the minority states based on equal treatment.
In the present unitary government, fragmentation thru autonomy is not the way towards penultimate peace in Mindanao. There must be a whole-sale acceptance of the Bangsamoro as a unique Nation, a nation distinct from the majority, yet has the potentialities of benefiting even the national government.
If this Republic would give up something, our fellow Muslim brothers and sisters must likewise give us something in exchange.
Showing posts with label autonomous region of muslim mindanao. Show all posts
Showing posts with label autonomous region of muslim mindanao. Show all posts
Thursday, February 26, 2015
Monday, October 15, 2012
Bangsamoro state is what kind of animal in the 1987 Philippine Constitution?
The basic question being asked by every single one in relation to the proposed Bangsamoro sub-state concept is this---what kind of political creature is this?
Is this to be created using regular Congress powers of regular legislation or thru the amendment of the Constitution?
Obviously, under section 1 of Article 10 of the 1987 Constitution, there are only five Constitutionally mandated political subdivisions which Congress is allowed to create, and these are cities, towns, barangays, provinces, and autonomous regions. No where in the Constitution does it say that Congress has the power to create "sub-states".
Creation of these four forms, except autonomous regions, go thru the regular routes. The creation of autonomous regions were put in the 1987 Constitution. Fact is, the Framers of this Constitution were very explicit---creation of autonomous regions of "Muslim Mindanao" and the "Cordilleras." The reason why the word "regions" are there refers to one, Muslim Mindanao and two, Cordilleras. It does not mean that Congress has the power to create two or three autonomous regions in Muslim Mindanao.
What Congress did was enact a Code that would govern the conduct and relations of people and governments in those Constitutionally-allowed autonomous regions (sec 3, Article X of the Constitution).
Now, section 11 of Article 10 of the 1987 Constitution speaks of the power to "create special metropolitan political subdivisions"subject to a plebiscite, but is the concept of a "state or a sub-state" the one being contemplated in this provision? No.
What section 11 contemplates are the aggrupation of cities and municipalities in contiguous areas to be declared as "metropolitan" or metropolises. The concept of a metropolis is dissimilar with the concept of a state or a sub-state.
Fact is, in the same provision, it is clear why the Framers allowed the creation of metropolitan cities--
Section 15 of Article X which is being used to justify the Bangsamoro statehood is stated to wit:
Now, what is clear in this provision is the creation of "autonomous regions" in Muslim Mindanao, which to my mind, does not refer to areas which Bangsamoros live, but to areas where there are non-Muslims.
Think--it would be foolhardy for the Framers of the Constitution to actually contemplate a scenario of two autonomous regions of Filipino Muslims---one, named ARMM and the other, Bangsamoro state.
If this is so, then, why specify the ARMM and the Cordilleras? As far as Muslim Mindanao is concerned, there is only one autonomous region being contemplated there--and that is, ARMM.
Is there a possibility perhaps, that other autonomous regions populated by Muslims be created side by side with ARMM? No.
The phrase "autonomous regions" does not mean autonomous regions in Muslim Mindanao. It means the autonomous regions, referring to one, Muslim Mindanao and two, Cordillera.
The Bangsamoro State has powers beyond the contemplation of the Constitution. Meaning, it has police powers, taxation, legislative, Executive and judicial powers to be exercised in a definitive territory. These are the elements of a state, which the Bangsamoro representatives from the MILF understood.
Now, did the Constitution grant Congress the power to fully erase the ARMM, without the benefit of an amendment to the Constitution?
Yes, section 18 of Article x provides that the Congress has the power to enact a Code. However, the powers of this created region is subject to the limitations prescribed in section 20 of the same provision, which are:
Now, is the Constitution agreeable to the suggestion of giving police powers to the new Bangsamoro state? Section 20 of Article X of the Constitution is explicit---the defense of the autonomous region is to be provided for by the National Government while the local security rests with the local security units.
Again, this conflicts with an existing Constitutional provision which states that the Philippine National Police is the only national police force?
Is this to be created using regular Congress powers of regular legislation or thru the amendment of the Constitution?
Obviously, under section 1 of Article 10 of the 1987 Constitution, there are only five Constitutionally mandated political subdivisions which Congress is allowed to create, and these are cities, towns, barangays, provinces, and autonomous regions. No where in the Constitution does it say that Congress has the power to create "sub-states".
Creation of these four forms, except autonomous regions, go thru the regular routes. The creation of autonomous regions were put in the 1987 Constitution. Fact is, the Framers of this Constitution were very explicit---creation of autonomous regions of "Muslim Mindanao" and the "Cordilleras." The reason why the word "regions" are there refers to one, Muslim Mindanao and two, Cordilleras. It does not mean that Congress has the power to create two or three autonomous regions in Muslim Mindanao.
What Congress did was enact a Code that would govern the conduct and relations of people and governments in those Constitutionally-allowed autonomous regions (sec 3, Article X of the Constitution).
Now, section 11 of Article 10 of the 1987 Constitution speaks of the power to "create special metropolitan political subdivisions"subject to a plebiscite, but is the concept of a "state or a sub-state" the one being contemplated in this provision? No.
What section 11 contemplates are the aggrupation of cities and municipalities in contiguous areas to be declared as "metropolitan" or metropolises. The concept of a metropolis is dissimilar with the concept of a state or a sub-state.
Fact is, in the same provision, it is clear why the Framers allowed the creation of metropolitan cities--
"... The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created shall be limited to basic services requiring coordination."
Section 15 of Article X which is being used to justify the Bangsamoro statehood is stated to wit:
"Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines."
Now, what is clear in this provision is the creation of "autonomous regions" in Muslim Mindanao, which to my mind, does not refer to areas which Bangsamoros live, but to areas where there are non-Muslims.
Think--it would be foolhardy for the Framers of the Constitution to actually contemplate a scenario of two autonomous regions of Filipino Muslims---one, named ARMM and the other, Bangsamoro state.
If this is so, then, why specify the ARMM and the Cordilleras? As far as Muslim Mindanao is concerned, there is only one autonomous region being contemplated there--and that is, ARMM.
Is there a possibility perhaps, that other autonomous regions populated by Muslims be created side by side with ARMM? No.
The phrase "autonomous regions" does not mean autonomous regions in Muslim Mindanao. It means the autonomous regions, referring to one, Muslim Mindanao and two, Cordillera.
The Bangsamoro State has powers beyond the contemplation of the Constitution. Meaning, it has police powers, taxation, legislative, Executive and judicial powers to be exercised in a definitive territory. These are the elements of a state, which the Bangsamoro representatives from the MILF understood.
Now, did the Constitution grant Congress the power to fully erase the ARMM, without the benefit of an amendment to the Constitution?
Yes, section 18 of Article x provides that the Congress has the power to enact a Code. However, the powers of this created region is subject to the limitations prescribed in section 20 of the same provision, which are:
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.
Now, is the Constitution agreeable to the suggestion of giving police powers to the new Bangsamoro state? Section 20 of Article X of the Constitution is explicit---the defense of the autonomous region is to be provided for by the National Government while the local security rests with the local security units.
Again, this conflicts with an existing Constitutional provision which states that the Philippine National Police is the only national police force?
Wednesday, October 19, 2011
President Aquino should appoint a non-Politician as ARMM OIC Governor
In the field of diplomacy, body language is the most important thing. If you know how to read another's body language, you'll be able to act accordingly.
Why do I say that body language is important? Well...
Malacanang, thru Secretary Jesse Robredo says that much needed reforms would now be implemented in the Autonomous Region of Muslim Mindanao or ARMM once President Benigno Aquino exercises his appointing power and designate Officers-in-Charge before October ends.
The Supreme Court just voted 8-7 agreeing with the Executive that the President and Congress have the powers to postpone the ARMM elections and designate OICs to manage the ARMM for two years.
Robredo says the government intends to implement serious reforms at the ARMM to be able to prove to the world that autonomy is still the best solution to solve the Bangsamoro Question.
Right now, government and even peace advocates offer no alternative solution to calls for independence. A group of pro-independence advocates already formed their own group, the Bangsamoro Freedom Fighters Movement (BFFM). This formation throws back years worth of negotiations between government and the MILF, once the biggest and the most formidable foe of government in achieving lasting peace in the region.
Now, government has finally been given the power to prove that ARMM still works. The question is---how serious really is government in this?
Look at the list of possible appointees for the posts of OIC Governor and Vice Governors and you'll notice that majority of these candidates are or were involved in one way or another in traditional polities.
Mujiv Hataman, a good friend of mine, was once elected Congressman of Basilan. He is a strong ally of the President. However, he has a long standing feud with the ruling Akbar clan. Sources say he is the strongest candidate for governor.
If Hataman is elected governor, it just proves that government is not really interested in reforms, it is just interested in securing the entire region for the eventual victory of the ruling political administration party come 2013. Hataman is a strong ally of the Liberals and of President Noynoy Aquino.
Think---why would you appoint Hataman when he has a standing warrant of arrest for alleging masterminding the killing of Congressman Akbar? Surely, the Akbars would militate once Hataman assumes power, even bigger than what he has before.
Government should appoint a non-politician, and reading the names in the list, I dare say that only former MILF spokesperson Eid Kabalu, deserves to be the OIC Governor.
First, he does not have any pending or standing criminal case against him, and second, he is a non-politician. If government really wants reforms in the ARMM, Kabalu is the best candidate for the post.
Why do I say that body language is important? Well...
Malacanang, thru Secretary Jesse Robredo says that much needed reforms would now be implemented in the Autonomous Region of Muslim Mindanao or ARMM once President Benigno Aquino exercises his appointing power and designate Officers-in-Charge before October ends.
The Supreme Court just voted 8-7 agreeing with the Executive that the President and Congress have the powers to postpone the ARMM elections and designate OICs to manage the ARMM for two years.
Robredo says the government intends to implement serious reforms at the ARMM to be able to prove to the world that autonomy is still the best solution to solve the Bangsamoro Question.
Right now, government and even peace advocates offer no alternative solution to calls for independence. A group of pro-independence advocates already formed their own group, the Bangsamoro Freedom Fighters Movement (BFFM). This formation throws back years worth of negotiations between government and the MILF, once the biggest and the most formidable foe of government in achieving lasting peace in the region.
Now, government has finally been given the power to prove that ARMM still works. The question is---how serious really is government in this?
Look at the list of possible appointees for the posts of OIC Governor and Vice Governors and you'll notice that majority of these candidates are or were involved in one way or another in traditional polities.
Mujiv Hataman, a good friend of mine, was once elected Congressman of Basilan. He is a strong ally of the President. However, he has a long standing feud with the ruling Akbar clan. Sources say he is the strongest candidate for governor.
If Hataman is elected governor, it just proves that government is not really interested in reforms, it is just interested in securing the entire region for the eventual victory of the ruling political administration party come 2013. Hataman is a strong ally of the Liberals and of President Noynoy Aquino.
Think---why would you appoint Hataman when he has a standing warrant of arrest for alleging masterminding the killing of Congressman Akbar? Surely, the Akbars would militate once Hataman assumes power, even bigger than what he has before.
Government should appoint a non-politician, and reading the names in the list, I dare say that only former MILF spokesperson Eid Kabalu, deserves to be the OIC Governor.
First, he does not have any pending or standing criminal case against him, and second, he is a non-politician. If government really wants reforms in the ARMM, Kabalu is the best candidate for the post.
Subscribe to:
Posts (Atom)