Date: Monday, October 20, 2008, 10:33 AM
http://www.mindanews.com
ILIGAN CITY (MindaNews/19 October) --The local government
celebrated the Supreme Court decision that declared
the unconstitutionality of the Memorandum of Agreement
on Ancestral Domain (MOA-AD) with a thanksgiving mass
and a press conference with Senate president Franklin
Drilon at the St. Michael Cathedral at 8:30 a.m. Sunday.
"We are happy that the Supreme Court declared the MOA-AD
unconstitutional. The voice of the people of Iligan
who rallied against it because of lack of
consultation/ information and against the
inclusion of eight barangays under the Bangsamoro
Juridical Entity (BJE), is truly heard by the court,"
Mayor Lawrence Lluch Cruz repeatedly said through
the radio stations.
"It is not only the people of Iligan who are happy with
this turnout but also the people of the first
district of Lanao del Norte, "said Rep. Vicente Belmonte.
Belmonte said that any negotiation should be based on the
Constitution and any discussion on ancestral domain
of the Moro people should exclude the eight barangays
of Iligan city.
The mayor said that should a new peace panel be
reconstituted, it "should negotiate within the bounds
of the Constitution and that our
concerns should be considered."
Former Senate president Franklin Drilon, who graced
the occasion, is pushing for a new peace panel
that will negotiate with the MILF and
sustain the peace process.
"I fully support that the new peace panel that will be
created must adequately represent Mindanao.
In fact, its chair must come from Mindanao," Drilon
said.
"There is every reason that the peace process
should be pursued because there are disagreements
that should be settled. But we must negotiate not
under threat or negotiate by threat," Drilon said.
"I am not for an all-out war," he said.
"However, the element of confidence and trust is
essential for the achievement of the peace. This
is for both Muslims and Christians
communities, " he added.
Drilon agreed government can't stop the MILF if
they will avail of
remedies from international courts in defense
of the MOA-AD but "the
decision of the Supreme Court strengthens
the position of the country."
He explained that the 8-7 ruling on the
unconstitutionality of the MOA-AD is more
of an 11-4 decision, arguing that
"not only eight justices voted for the
unconstitutionality of the MOA-AD, but there
were three more from those who dissented (who)
agreed that the MOA-AD is unconstitutional although
they believe that it is 'moot and
academic' to rule on the MOA-AD because the
government had decided not
to sign it. So, there are actually 11 justices who
agreed that it is
unconstitutional. "
Jaime Enriquez of Ecoweb Inc., a non-government
organization based here said. It is
"sad to reflect but we have anticipated long
ago that the government is not serious on
the peace process in Mindanao. What will happen
if there is no war? Will they earn? Look at those
who are laughing now. Those politicians who are
enjoying their discretionary
funds, emergency funds and from the funds of
foreign countries?"
Enriquez, who has documented on video the
plight of Maranao evacuees,the abandoned
houses and Maranao civilians who
were allegedly subjected by military
investigations and harassments, said "many
people at the evacuation center s are dying
and starving while others
are jumping with happiness…"
Enriquez said that there are still sacks of
rice from the World Food Program that are kept
in the houses of politicians and not distributed
to evacuees. There are additional 10,000 sacks
of rice from WFP...where will they give that?"
Enriquez did not name the politicians who held
on to the sacks of rice.
MindaNews checked with WFP's head of office in
Lanao, Baicon Cayongcat Macaraya who said
Enriquez should provide details. "Although if it's
10,000 bags, I think this is the newly-approved
request of the provincial local government unit.
It could not be distributed yet
unless they are able to conduct revalidation
to ensure accuracy of data."
"It will help if you closely monitor for the sake of our
IDPs (internally displaced persons)," she said.
Macaraya said the transport of the 500 metric tons
of rice, which was started last week,
has not been completed. She said only 100 metric
tons were hauled last week. She expects its
completion by next week.
The rice, she said, is stored in the Mindanao
Civic Center in Tubod,Lanao del Norte.
Carino Antequisa of Catholic Accompaniment for
Overseas Development (CAFOD) said the Supreme
Court "is just acting based on the mandates
of the Constitution. "
"The SC simply reiterated that the Philippines
is but one country that includes the
Bangsamoro-claimed territories. But it seems that
implicitly, the SC decision also invites the
MILF to campaign for Constitutional Change if
they want their demands to be addressed by
the Government. Will the MILF be willing to
help in campaigning for Charter Change?
Maybe it's better not to you use the term
charter change. Let us say, will the MILF
be willing to campaign for change of
the present legal framework of the Philippines, "
he asked.
"Since its now quite clear to all peace
advocates that the solution to the Mindanao
Problem is beyond the framework of the present
Constitution, are we now willing to campaign
for Charter Change? Shall
we invite the MILF to join this
effort as detour to the Peace
Process?" he asked.
"There could be some middle grounds where
people could more comfortably express
their support to the Bangsamoro struggle
for Right to Self-Determination.
Perhaps the biggest challenge for a campaign
for Charter Change is how to prevent
the vested interests of the
people in Malacanang and in the
tall buildings of Makati (from
infringing) on the interests of the
people - Bangsamoro or Filipino,"
he said.
Bantugan Dagohoy, a non-government worker
from Marawi City said the Supreme
Court decision is a "blessing-in-
disguise because it
validates many things."
"First, it validates the MILF's position that
the solution to the Mindanao problem is beyond
the present constitutional parameters.
Second, it validates that the present government
is not serious in finding a just and lasting
solution to the Mindanao problem. I have no
doubt as to the sincerity of the members of
the GRP panel," Dagohoy
said.
"Third, it validates the contention of the
anti-negotiation and radical faction of the
MILF that the government is just playing games
when they negotiated and that the different
branches of government are not unified in
their intent in engaging with the MILF.
I just wonder to what extent the MILF was also
able to take the negotiation process
as an opportunity to consolidate itself
politically and militarily,"
he said.
"Fourth, it validates the fact that the
Philippine government simply
looks at the Mindanao problem in terms of
the more recent events and not in terms of
its historical context.
The Philippine government simply affirmed
that, like its colonial predecessors, it still
wants to put the Bangsamoro within the colonial
and neo-colonial parameters," Dagohoy added.
"Fifth, the SC decision simply validates
that the Bangsamoro people has no chance
of getting justice even in the supposed highest
court of the land. Unfortunately, a
number of people belonging to the ethnic
groups considered as Bangsamoro (e.g,
Maranaos, Tausogs, Maguindanaos)
are working in the Philippine Courts.
I just don't know how they feel
about the SC decision. I was hoping that
there will be reactions from
them but it seems that no one ever
commented or I might just have not
read their reactions. Atty.Soliman (Santos, a
Bicolano lawyer who has
been studying and commenting on the Moro
peace processes) is much better than any of them.
And, sixth, the SC decision validates
that CSOs (civil society organizations) and
other peace advocates in
Mindanao and the whole country still have
a long way to work.
The challenge is ever increasing," Dagohoy said.
(Violeta M. Gloria/MindaNews)
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