User:Mosarip
From Wikipedia, the free encyclopedia
GRP, MILF clash in drafts (4): Doability by Datu Manny Sarip Monday, 22 March 2010 4th of five parts
GENERAL SANTOS CITY (MindaNews/21 March) -- Addressing MILF panel chair Mohagher Iqbal, GRP panel chair Rafael Seguis said at their March 4 meeting, “The GRP Panel’s sincerity is never diminished by the limited time we are given. … We remain committed to understanding whatever you have to say, inasmuch as we hope the MILF Panel would be committed to understand our ideas as well.” (MindaNews, March 4, 2010)
What is Seguis saying? With mutual understanding, a GRP-MILF peace agreement is doable within the limited time until June 30, 2010. The first doability issue concerns forging and signing an agreement; the second concerns implementation. All agreements must be doable; otherwise, they lose sense. But they may differ in their degree of doability. This difference between the GRP Draft and the MILF Draft is unmistakable. Enhanced Autonomy in the GRP Draft, with its “doables”, appears to have higher degree of doability than Interim Government of Bangsamoro state in the MILF Draft. It appears to be. How is it really?
What are the “doables” in the GRP Draft that in their varying degrees of doability can enhance the autonomy of the ARMM? These come in two main categories, as capsulized in the Draft’s abstract: (1) eight measures that are immediately doable through executive orders; and (2) proposals that the Technical Working Group will draft for legislative actions of the ARMM Regional Legislative Assembly and of Congress, including amendment of the Constitution.
Category 1
The following are “executive doables” through the issuance of executive orders:
· Optimize fiscal autonomy of the autonomy of the regional government of the ARMM and its local government units.
· Strengthen Islamic banking systems.
· Facilitate sending of economic, trade, labor and tourism missions composed of ARMM personnel to promote development and economic cooperation of selected ountries with the ARMM..
· Participation of the Autonomous Regional Government in ASEAN (Association of Southeast Asian Nations), UN (United Nations) and other international forums that may involve issues concerning the autonomous region.
· Technical support to RLA in drafting agrarian reform laws and formulating agrarian programs suitable to special circumstances that concern the Bangsamoro people and their ancestral lands.
· Technical assistance to strengthen Shari’ah justice system.
· Strengthen or mainstream madaris education system to nurture spirituality and patriotism among the Muslim youth.
These are detailed in Article 1, Section 3 and are to be achieved through the Departments of: Budget and Management, Finance, Foreign Affairs, Agrarian Reform, Agriculture, Justice, Education and Commission on Higher Education. Article 4, Section 1 reiterates the listing stating: “Within 30 days from the signing of this Agreement, the President shall issue an Executive Order” to implement the measures.
A condition is tagged, [h]: “No project or program shall be implemented by the National Government without prior consultations with local stakeholders and the formal endorsement of the Regional Government and the local government units concerned.”
Still under Category 1 (“executive doables”), is equitable access to the natural resources. In Article 3, Section 3, the Executive Branch, to “facilitate the exercise of preferential rights of the Bangsamoro people over their natural resources in the ancestral domains” and to enable “the Regional Government to exercise its primary responsibility”, will “commit to the following actions” through the DENR ([a] and [b]) and the DILG and DA ([c]):
“[a] Allocate additional funds in the annual budget, generated from the use of natural resources in ARMM, for the protection and conservation of natural resources in the autonomous region;
“[b] Institute reforms in administrative procedures to streamline processing and issuance of permits and other instruments for utilization of forest, mineral and other natural resources, across ARMM and contiguous administrative regions, subject to cooperation between the regional and national governments in monitoring compliance with environmental regulations;
“[c] provide incentives to coastal municipalities and cities to enact local ordinances that promote and protect the preferential rights of local marginalized fisherfolks over the utilization of fisheries resources within municipal waters.”
In [d] is the fiat: “No project or activity in the autonomous region involving exploitation, development or utilization of natural resources shall be allowed without the prior endorsement of the Regional Government.”
Category 2
Proposals for the passage of regional law on ancestral domains.
This is particularly provided in Article 2, Section 4 – the GRP providing technical assistance to the RLA through the Regional Government. Besides the “delineation of ancestral domains within the autonomous region”, the regional law will also contain rights of the Bangsamoro people in relation to their ancestral lands. These are rights [a] to claim ownership, [b] to transfer land/property, [c] of redemption, [d] to stay in and return to the ancestral domain, and [e] in case of displacement.
Also provided, “[f] Private property rights within the ancestral domains held by non-Bangsamoros, already existing and/or vested at the time the Agreement takes effect, shall be recognized and respected.”
When “the Organic Act and the Regional Law may not be fully responsive to the unique claim of the Bangsamoro people”, the GRP and the MILF, “through the TWG [Technical Working Group], “shall draft proposals for Congress” to be passed into laws “to address their claim over their collective ancestral domains.”
Sections 1, 2, 3, 5 and 6 of Article 2 are about definitive provisions of rights and policies.
· Legislative proposals to enhance the ARMM.
In Article 3, Section 4, the GRP and the MILF, assisted by the Technical Working Group, “shall draft proposals and other policy changes to further enhance the powers and responsibilities of the Bangsamoro people and the autonomous regional government,” including:
“[a] Sharing of government revenues from the development, utilization, and
exploitation of natural resources at a ratio more favorable to the autonomous regional government;
“[b] Automatic retention of the autonomous regional government’s share of the
revenues and the creation of a revolving fund in order to achieve full fiscal autonomy over the use of the revenues from natural resources.”
In Section 2 of Article 4, “The Parties shall form a joint TWG … to study and prepare proposals for legislative action, by the ARMM Regional Legislative Assembly and Congress to achieve the fundamental objectives of this Agreement. This includes proposing to Congress a bill amending the Organic Act, and providing the necessary additional powers to the autonomous regional government …” (Emphasis suppied}
In Section 3 of Article 4, “… Within 30 days from the submission of the TWG of the proposals [to the GRP and the MILF] for legislative action on ancestral domain and ancestral lands, the President shall endorse the same to Regional Legislative Assembly for consideration.” (Emphasis supplied)
Urgent legislative proposals will also be certified to Congress. In particular, “the President shall endorse, and certify as urgent, relevant bill on the enhancement of the powers of the autonomous regional government”* – also within 30 days of the submission by TWG to the GRP and the MILF of the proposal.
- [AUTHOR’S NOTE: This “enhancement bill” must be the same as the “bill amending the
Organic Act” in Section 2 above.]
With the passage of the “enhancement” bill and its approval in a plebiscite, “The autonomous regional government shall be the government agency granted with special powers for the administration [and or] governance of the autonomous region.”
· Propose legislative measures to meet MILF demands requiring legislative action.
There is no specific of mention of “MILF demands” in the GRP Draft. However,
Section 4 of Article 4 alludes to these:“[4] The Parties shall conduct consultations with stakeholders to ensure that the proposals for legislative actions fully address the inspirations of the Bangsamoro people, while especially safeguarding the rights of vulnerable sectors, such as indigenous peoples, subsistence farmers and fisherfolks, women and children.” (Emphasis supplied)
· Proposals to Congress to initiate the process of amending the Constitution to effect changes that Parties may agree on.
There are no proposals specifically mentioned in the GRP Draft. This is a blanket policy statement, as Section 5 of Article 4 states:
“[5] The Parties, through the TWG and a consultative process, shall also draft proposals for other policy changes, including proposed constitutional amendments, where appropriate and necessary that will further enable full and effective autonomy for the Autonomous Region. These proposals shall likewise be submitted to Congress for appropriate action.” (Emphasis supplied)
Other Commitments
Related to the “doables” of Categories 1 and 2, Article 5 provides in its Section 1 that the Parties:
[a] Stimulate the “local autonomy by a range of mechanism” to particularly “address unemployment and the improvement of living conditions for the population in the Autonomous Region” – a necessity;
[b] Intensify “measures needed to uproot the cause of poverty in the Autonomous Region through responsible harnessing and development of its natural resources”;
[c] Undertake a review of “public services, industrial or trade-related and Autonomous Region”.
These are efforts to improve socioeconomic conditions in the ARMM, an indirect way of enhancing the autonomy through the enhancement of its human resources.
Section 2 of Article 5 pertains to activities the Parties will undertake to “enhance the capacity of the regional government institutions during the transition” period. These will include “technical assistance, information-sharing and human resource development”. (Emphasis supplied)
Sections 3 and 4 of Article 5 [For complete text: Refer to Part II, Summary of Article 5 of the GRP Draft] are the only parts of the GRP Draft that directly refer to the MILF – in [3] the “decommissioning and reintegration” of MILF combatants and in [4] a reference to the so-called rogue MILF commands and the alleged sheltering by the MILF of terrorists.
How Doable?
How doable are the “doables”?
The seven “executive doables” detailed in Section 3 of Article 1 and three more in Section 3 of Article 3 are the subjects of the executive orders the President will issue within 30 days “from the signing of this Agreement.” The executive orders can easily be issued. But how soon, easy and effective will be the implementation considering Philippine bureaucracy? Records are barely assuring.
The proposals for legislative actions will surely enhance autonomy in the ARMM and benefit the people. But we know how the Regional Legislative Assembly and Congress work.
Many of the “executive doables” and the “legislative doables” should have been done long before the GRP-MILF peace talks started. Will they be now done with urgency and intensity should the MILF accept them as packaged in the GRP Draft? That the “doables” seemed not that doable prior to GRP Draft serious implies Government’s sincerity. (Patricio P. Diaz/MindaNews) [Tomorrow: Conclusions]
BY: Datu Manny Sarip
BANGSAMORO