MANILA, Philippines—The Memorandum of Agreement (MOA) hammered out by government negotiators and the Moro Islamic Liberation Front is riddled with so many legal and constitutional flaws and political obstacles, it’s no wonder the administration of President Gloria Macapagal-Arroyo wanted to keep it under wraps for as long as it could. But now that its full details have filtered out, what remains a puzzle is how President Arroyo and her panel of negotiators could have agreed to terms so patently disadvantageous as to make the whole pact unacceptable to the Filipino people.
Firstly, the MOA expands the area of autonomy from the present Autonomous Region in Muslim Mindanao to places whose inhabitants never had any inkling that they could be part of a virtually new state called the Bangsamoro Juridical Entity. Even from the purely practical standpoint of government administration, there is little to recommend the inclusion of many tiny communities spread all over the southern Philippines, from the Zamboanga Peninsula in the south to Palawan Island in the southwest.
Secondly, so many provisions in the MOA violate the Constitution that it might as well have been written by people who either have not read the fundamental law or simply chose to ignore it. As Philippine Daily Inquirer columnist Raul Pangalangan, former dean of the University of the Philippines College of Law, has pointed out [read column], the Constitution lists only nine functions that can be devolved to the region of autonomy, and these do not include the conduct of foreign relations and the establishment of a separate financial system. And yet the MOA would grant the proposed Bangsamoro government powers to “enter into any economic cooperation and trade relations with foreign countries”; “open trade missions in foreign countries”; and participate in international meetings, like those of the United Nations and the Association of Southeast Asian Nations. In addition, the Bangsamoro Juridical Entity (BJE) can set up its own banking system and financial institutions.
In defining ancestral domain, the MOA covers not only the areas owned or claimed by indigenous peoples, like the “lumad” who do not belong to the Islamic faith, but also the territorial waters. Pangalangan noted that control over internal waters and the territorial sea is vested in a sovereign state, making the BJE even more like one.
Given all these unconstitutional and objectionable provisions, why did the government panel, obviously with the consent of the President, approve the MOA? The Moro Islamic Liberation Front now says it doesn’t feel bound by the restrictions of the Constitution or by any decision of the Supreme Court. However, everyone in the administration agrees that the MOA would have to pass scrutiny by the Court and get Congress’ nod to go into operation. But how can the administration get the Court to put its imprimatur on provisions that are clearly in violation of the fundamental law? And how can it expect Congress to cooperate when even its allies are up in arms over it, especially those who come from areas that are proposed for integration in the Bangsamoro homeland? Has the administration become so confident of its influence over the courts and its hold on Congress that it believes it can make the two other branches bend according to its wishes, even to the extent of trashing the Constitution and cooperating in the partition of the country?
Those who cannot conceive of the administration committing treason see a different reason for the approval of the MOA. In their view, the MOA’s ultimate objective is not peace but keeping Ms Arroyo in power. If Congress can be persuaded to help amend the Charter to put the MOA into operation, it can also be convinced to slip in another amendment that would allow Ms Arroyo to hang on to power, most likely through a shift to a parliamentary system.
As if that is not bad enough, another scenario gaining currency casts the administration in an even more devilish light. In this scenario, the MOA was deliberately designed to self-destruct as soon as it was announced, precisely because of its many constitutional flaws and unacceptable features. Having smelled victory and now feeling betrayed and frustrated by the MOA’s rejection, the Moro Islamic Liberation Front starts making trouble, giving Ms Arroyo a good excuse to declare martial law.
Far-fetched? Past experience has shown that Ms Arroyo can be crafty, even devious, when her political survival is at stake. While it may be unkind to think that she can be so reckless and irresponsible, it is for her to disprove such suspicions. She can begin by firing her peace adviser and peace negotiators and repudiating the pact they tried to foist upon a worried people.
Copyright 2009 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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