To our esteemed lawmakers
I am elated by how accurately Prof. Randy David, in his column titled “The myth of control” (Opinion, 2/15/2015), captures the stark realities surrounding the congressional inquiries into the Mamasapano incident.
David notes that one question our politicians kept asking the representatives of the Moro Islamic Liberation Front at the hearings was: Why were you harboring international terrorists in the communities under your control? He opines that to be fair, the question should have been asked of the heads of the local government units, from the barangay chief of Tukanalipao, to the town mayor of Mamasapano, to the provincial governor of Maguindanao, and to the governor of the Autonomous Region in Muslim Mindanao, and likewise to the branch of the Philippine National Police in Mamasapano. How much control do these officials have over the area under their jurisdiction? Should they not be held answerable where highly wanted fugitives like Marwan and Usman embed themselves and move freely in their communities?
David points out that in our heart of hearts we know that, despite the existence of formal institutions in the national government, political control over many parts of Muslim Mindanao is at best tenuous and unstable. The Philippine state cannot claim monopoly of force in these parts.
As an aspiring Muslim and a Moro born and raised in Mindanao, I agree completely with David’s clear discernment of the situation. His fairness, objectivity and honesty are seen when he states: “But out of ignorance or for reasons of our own, we in Manila continue to promote the fiction that Muslim Mindanao is an integral part of the Filipino nation-state. On paper, it is so, but in practice, Filipino sovereignty over Muslim Mindanao is at best a work in progress.”
It is unfortunate that Filipinos as a people have a very short memory. Worse, they tend to vilify their leaders for the latter’s mistakes rather than support their positive accomplishments. President Aquino has gone to great lengths to cement the peace agreement with the MILF in order to find a lasting and peaceful solution to the Mindanao conflict. But in the aftermath of Mamasapano, many Filipinos, their emotions inflamed by opportunistic politicians, have turned their ire on him, to the extent of blaming him for the tragic death of the 44 gallant Special Action Force troopers who offered their lives in a mission to take down two internationally known terrorists. Rumors of a plot to oust him from the presidency have even surfaced. Have we forgotten how Ninoy Aquino laid down his life to fight the dictatorship and restore freedom and democracy in our country?
Legal advocates would of course agree that the President as Commander in Chief has overall control and supervision of the military and police. But is it correct to say that he is solely and entirely responsible for the deaths of the SAF 44? If we take this line of reasoning, then we might as well blame him for every mistake that any soldier or policeman commits in any given day.
But far worse than pinning culpability on the President for Mamasapano are the furious cries of people in Manila for him to abandon the peace agreement with the MILF and pursue “all-out war.”
Again, David points out: “Any responsible government that aspires to some legitimacy would do everything to exhaust all possibilities of strengthening that fragile peace through mutual agreement before it threatens war against its enemies.”
Coming now to the proposed Bangsamoro Basic Law (BBL), lawmakers have expressed how they would want to water it down if not abrogate it. It is my humble submission that the BBL is not a perfect formula, but it may be a much better alternative in addressing the socioeconomic inequalities and political abuses in the ARMM.
It is public knowledge and also beyond dispute that the ARMM government has for more than three decades failed to improve the lives of the Moro people. From one governor to the next, the ARMM has been reduced to a mere adjunct of Malacañang, an instrument for continued corruption and oppression of and injustice to the Muslims and Moro people in Mindanao.
David reminds us that we think of the BBL as a favor to the MILF, and so we expect its leaders to convince us that it is deserving of the law. He points out that the defense of the BBL before Congress is not the task of the MILF, but of the government’s executive branch. MILF leaders have their own explaining to do to their own people.
He continues: “Instead of doubting their control over their constituents, I think we should feel fortunate to be dealing with rebels like the MILF who combine a solid grasp of their people’s grievances with a compassionate understanding of the other side’s fears.”
What most people fail to understand is that the BBL in no way guarantees that the MILF will govern Muslim Mindanao permanently. On the contrary, the law aims to institutionalize the much-needed political and economic structures that can effectively address poverty and socioeconomic inequalities within the ARMM government.
Some months ago, I candidly expressed my opinion to the members of the Bangsamoro Transition Commission and warned them that apart from having to hurdle heated debates in Congress, the BBL must also withstand judicial scrutiny.
I humbly beseech our lawmakers to take time to reflect on the Mamasapano tragedy vis-à-vis the larger implications of suspending the hearings on the BBL or abrogating it completely. It behooves them, as elected representatives of the Filipino majority and minority, including the Moro people, to carefully examine their positions on the BBL as a mark of true democracy at work. In our conscience, we as a people have to seek justice for the SAF 44 who laid down their lives for flag and country. But like the President and the MILF leadership who have pledged to find enduring peace in Mindanao, we ask our lawmakers to cease and desist from continuing the blame game, to set aside personal interests, and to follow the path to peace.
For truly, the BBL—to me, or to any Moro, Muslim, Christian or lumad in Mindanao—is a much better alternative to war.
Rommel M. Alonto is assistant provincial prosecutor of Bukidnon and professor of political law and constitutional law at Liceo de Cagayan University and Mindanao State University.
