Senate probe on the Mamasapano Massacre: Play of words and technicalities to hide the truth

Basing on the two days worth of hearings, we, the People, find the following as a confirmation of earlier assumptions.

First, there was a problem in command and control. What is the problem? No one in government wants to assume responsibility. President Aquino blames the SAF commander while the commander himself points to a suspended PNP chief for giving him the "order" which Purisima terms as "advice".

It also shows that the MILF, which is supposed to be partners of government already given the signed peace agreement, also lost command and control. For seven long hours, the MILF leadership failed to control their 105th brigade, the same unit where Marwan spent his last days and where Basit Usman was hiding and reportedly training some MILF members some are women fighters.

Second, there are attempts at lessening the "impact of the incident" by raising "technicalities" and most government officials are resorting to "play of words". Such terms as " close to mission objective", " tactical coordination" were all raised to muddle the issue and are attempts at literally obfuscating the real issues.

Lastly, it is obvious that the very same government peace panel are mouthing the official alibi of the rebels, even in many aspects, defending their actions by again, resorting to technicalities. Prof. Sheila Coronel and Peace adviser Teresita Deles are supposed to be pursuing the people's interests. However, Coronel is even re-stating the claim of the MILF as a revolutionary organisation and re-iterating the MILF's "belligerency status".

Now I understand why the MILF managed to get many concessions from the government--we have a very weak government panel, always ready to sacrifice the national interests for the sake of the MILF. 

Why is our government so afraid of the MILF when, during the time of former president Estrada, our military has proven its effectiveness of defeating this rebel group? The AFP has defeated the MILF before--even decimating their camps. 

Now, with government monies (President Aquino gave 5 million pesos to Mohaqher Iqbal, remember last year?), the MILF is buying arms and strengthening itself. 

Let's admit that our government's fault is we granted the MILF a "belligerency status". That explains why this rebel group is now issuing bold statements against the very republic who seeks peace with them.

I have stated it long before--prior to government entering into an agreement with the MILF, the OPAPP should have assessed if the ones negotiating with them, particularly the MILF leadership, still has command and control of most of their forces in Mindanao. 

What is not being revealed here is the fact that most MILF units are now recognising the chain of command of the BIFF leadership specifically of Umbra Kato. That explains why the head of the 105th brigade of the MILF also acts as the BIFF leader in the area. 

This explains why a study conducted early on reveals that in the event of a peace agreement, there is no certainty of implementing such measures because of the very fact that the MILF leadership is not entirely sure if it can issue commands to its troops and if those troops would actually respect or even follow the MILF chain of command.

Former MNLF chairman Nur Misuari has already publicly announced that most MILF fighters are now BIFF. So, even if this government enters into peace with the MILF leadership, violence and conflicts will still break out in Mindanao precisely because most MILF fighters do not hold faith in the "promises" of the Central Government, and thus, are conditioned to fight for INDEPENDENCE rather than "autonomy."

Meaning, whatever the government says right now, even giving us false assurances of success of the peace pact, the fact of the matter is--WE ARE STILL IN THE STATE OF WAR BECAUSE THE OTHER SIDE THINKS THEY ARE.

GRP-MILF Framework leads to Bangsamoro Independence

I've seen, lived and covered Mindanao for many years and have friends who are directly involved in the struggle towards an independent Bangsamoro. Frankly, the path taken by the Aquino administration is a bold step towards the right direction. It is bold because it seeks to help our fellow Bangsamoros build their own state without the need for bloodshed. As what Mohaqher Iqbal told news reporters two days ago, he is tired of fighting. He has been fighting for forty years, and he wants to quit in an honorable way. For him, and the rest of the Central Committee of the Moro Islamic Liberation Front (MILF), this is the honorable way.

NOT QUITE though for members of the Bangsamoro Islamic Freedom Fighters, the splinter group formed by former MILF commander Umbra Kato. Kato, who happens to be the protege of the late Hashim Salamat, founder and ideological leader of the Bangsamoros, believes in another path. Kato is striving towards independence. 

For many Bangsamoros, independence is really the real solution to many of their problems. Self-government is the key towards their own prosperity as a Muslim nation. Yet, the very concept of independence is being frown upon by several key groups because it is destabilizing. Traditional political groups in the area are benefitting from the status quo, and they would strongly oppose such strivings. 

LIkewise, external foreign forces would not agree on such since their own interests would be affected if a strong Bangsamoro state emerges in the critical South. The South is strategically located within the so-called trade triangle involving Malaysia, Indonesia and Brunei. Such a state would compete both economically and politically with other Islamic states in the region. Several analysts even think that such a state would resuscitate the age-old claim for the return of the state of Sabah, a thing which Malaysia had a special interest. 

The GRP-MILF Framework for Peace is a necessary plan towards achieving full independence because it prepares the Bangsamoro as a "minority state". A state born from war would encounter a long rehabilitation phase. 

The framework tries to avoid such a scenario since this will also be tasking to the Central Government. 

Let the Bangsamoro state grow organically, from the strivings of the True Servants of Allah SBT Allah. The Bangsamoro needs peace to achieve a good life to all those living in the Promised Land. 

GRP-MILF Framework, a step towards the right path

The whole of Mindanao rejoiced after President Benigno S. Aquino III of the Government of the Republic of the Philippines and Al Haj Murad of the Moro Islamic Liberation Front (MILF) formally met and signed the peace agreement which will lead to the creation of a state known as Bangsamoro.

Government has allocated 8.59 billion pesos on top of the already 12.93 billion already allocated from the 2.006 trillion budget of 2013. These monies will support the Transition Investment Support Plan.

As what had been clarified through numerous statements, the one signed in Malacanang yesterday was just a "framework". What are the contents of this framework?

First, it recognizes that the ruling or prevailing governmental setup right now in Mindanao is unacceptable; therefore, this should be replaced by a ministerial form of government called "Bangsamoro". This form shall be created through the Bangsamoro Basic Law.

The Basic Law will be crafted by the Bangsamoro government and "correlated" with national laws.

What are the powers reserved to the Bangsamoro government?

First, the Bangsamoro exercises the power of taxation (no. 2 of IV. Revenue Sharing and Wealth sharing, of the GRP-MILF Peace Agreement). It has also the power to enter into loan agreements and accept financial grants (no. 3). However, when a loan requires sovereign guarantees, it has to go thru the Central Government.

Second, the Bangsamoro shall have the power to exploit its own resources (no. 4), subject to a sharing agreement which was not expressed in the document itself. 

Third, the Bangsamoro shall have its own auditing body subject the rules of the Commission on Audit.

Fourth, the Bangsamoro shall be given political and civil rights. Fifth, the Bangsamoro is given the power to police its ranks, but external defense shall be provided for by the Central Government.

There is a provision in the agreement which says, thus:

The functions of the Transition Commission are as follows:
a. To work on the drafting of the Bangsamoro Basic Law with provisions consistent with all agreements entered and that may be entered into by the Parties;

b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and  entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements;

Even in this agreement, there is a recognition that the Philippine Constitution will be "amended" for the "purpose of accommodating and entrenching in the constitution the agreements of the parties...without derogating from any prior peace agreements."

ARMM, the body now ruling the Bangsamoro territory, was created shortly after the GRP and then, the Moro National Liberation Front (MNLF) entered into numerous political commitments to end the war in Mindanao. 

The inclusion of the ARMM governmental setup is a political commitment by the GRP with the old MNLF. This explains why there is a concrete provision in the Constitution allowing for the establishment of an autonomous region in Muslim Mindanao and was thereafter, named ARMM through an organic law crafted and passed by Congress. 

Now, how would the Bangsamoro unilaterally replace the ARMM without "derogating from any prior peace agreement", when the very concept of autonomy granted by the Central Government to the Bangsamoro is being abolished thru another agreement entered by government with another entity, not the MNLF?

The GRP cannot satisfy its commitment with the MILF without first, entering into an agreement with the MNLF, abolishing the previous political commitment of granting them an autonomous region. Why? This political commitment was entered into by the Philippine State with that of the MNLF, which, by that time, enjoyed a belligerency status as a member of the Organisation of Islamic Countries (OIC). 

Fact is, because of the OIC status of the MNLF, this political commitment towards autonomy was included in the basic law of the Republic. Therefore, this issue with the MNLF must be addressed first by the GRP even before it moves towards pressuring Congress to establish a Transition Authority.

Of course, I do agree on the abolition of the ARMM since this entity was really a frustration among Bangsamoros. But, we need to do this correctly.

I hate to say this but the GRP and the MILF cannot bilaterally agree to abolish the ARMM without first, abolishing the ARMM Basic Code. One, the changes envisioned in this GRP-MILF Peace agreement is not merely a change of name, but a substantial change in the character of the government being proposed to be established there. This is not just an autonomous region being created but a "sub-state"---or correctly termed as a minority nationalist state.

In the transition phase, yes, the concept of autonomy is still there, however, beyond the transition phase lies a more daunting task---that of establishing a ministerial form which deviates from the initial form of an autonomous region as envisioned in the Constitution. This is a substantial revision of the first political commitment, and deserves nothing short of a revision or amendment of the current provisions in the Constitution. 

The view currently proposed by the OPAPP is more of appeasing oppositive views rather than legal. Our peace negotiators said it will just take the customary powers of Congress to effect the change proposed in this draft. 

I agree that, yes, the ARMM Code can be abolished anytime by Congress. Since the source of the Code was Congress, it is within the powers of Congress to pass another Code. 

However, when the basic governmental structure is now being discussed, parties cannot then avoid discussing the amendment of the current Constitution. Why? Because Congress does not have the power to insert a ministerial form of government in an "autonomous region" clause of the Philippine Constitution. The "autonomous region" clause in Article 10 of the 1987 Constitution mimicks that of a presidential, Republican form of government which is dissimilar with that being proposed by the GRP-MILF. The form is still very much similar with that of the Central government but enjoys "extra" autonomy in several areas. 

Of course, I agree that the present form envisaged by the MILF in the agreement is more consistent with that envisioned by all Bangsamoros. However, for this to materialize, the Constitution must be revised.