Unfounded fears re Bangsamoro

The commentary of former Court of Appeals associate justice Mario Guariña III, titled “A prelude to secession?” (Opinion, 1/4/ 2014), stokes unfounded fears about the creation of a Bangsamoro entity to replace the Autonomous Region in Muslim Mindanao.

First, the peace agreement entered into by the government with the Moro Islamic Liberation Front was not to “appease a fractious element in Muslim Mindanao” but to address a long historical, cultural and governance issue in the region. The Framework Agreement on the Bangsamoro (FAB) is built upon earlier peace agreements starting with the 1976 Tripoli Agreement, 1986 Jeddah Accord, as well as the 1989 Organic Act for Muslim Mindanao (as amended in 2001). A slew of documents has been produced, showing how painstakingly the process went through. It would be amiss of Justice Guariña not to read through these documents.

Second, President Aquino has not abandoned the 1987 Constitution and his power of general supervision over all local governments and the future Bangsamoro. The creation of the Bangsamoro will not be within the purview of the 1991 Local Government Code but through another act of Congress, the Bangsamoro Basic Law. What the FAB and its annexes provide are the asymmetrical relationships that the Bangsamoro would have with the central government. It asserts the full meaning of autonomy beyond decentralization and devolution. It will organize a regional security force, primarily to promote public order and safety, within a national police organization.

Third, it is presumptuous to declare that “there is no more audit of funds of the Bangsamoro” simply because the FAB allegedly does not state that the entity is not subject to the Commission on Audit.  Nor that the Shariah courts will no longer be under the jurisdiction of the Supreme Court, contrary to what Justice Guariña fears. The FAB seeks not to repeal previous laws like the one that created the Shariah courts, nor to override the Constitution.

Last, the Bangsamoro is not, nor will it be, a sectarian entity under Islam. While the majority of the inhabitants in the region are followers of Islam, it does not provide a Muslim Mindanao region.  The term Moro refers to all native inhabitants of Mindanao, including non-Islamic indigenous peoples, whose rights are protected and embedded in the creation of the Bangsamoro. It also recognizes the universality of human rights, including that of religious beliefs, but it will not subscribe to the degradation of women because of culture and religion.

May peace reign in Mindanao forever!

—FRED BALAQUI, chair, Akbayan Mindanao Commission,

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