2. FINDING THE RIGHT FIX AND THE RIGHT MIX TO THE SOUTHERN PHILIPPINE PROBLEM, AFFECTING THE BANGSAMORO PEOPLE By: ATTY. JOSE I. LORENA August 25, 2009 UP, College of Law

3. Introduction Finding the right solution to our Southern Philippine Problem requires a clear understanding of the foundation of the “Moro quest for self-determination”. It also requires an openness to a range of options. In our case, the parties should look beyond the failed “Independence Autonomy” formula box and fine package of comprehensive resolution at addressing the complex political problem affecting the Bangsamoro people, not as a problem of the moro people alone, but truly as a national problem.

4. Let me, thus begin, by drawing attend to the Southern Philippine problem affecting the Bangsamoro people from a moro perspective rather than from a Government policy perspective, believing that only those who live with the problem and thus do not only perceive but feel it can effectively address it.

5. WHO ARE THE BANGSAMORO PEOPLE? The Muslims in the Philippines consist of thirteen ethno-linguistics groups: Iranun, Magindanaon, Maranao, Tausug, Sama, Yakan, Jama Mapun, Ka’agan, Kalibugan, Sangil, Molbog, Palawani and Badjao. There are also Muslims among the other indigenous peoples of Mindanao like the Teduray, Manobo, Bla- an, Higaonon, Subanen, T’boli, and others. In recent years, significant number of people from Luzon and Visayas and migrant communities in Mindanao converted to Islam.

6. The Muslims who traditionally inhabited Mindanao, the islands of Basilan and Palawan, and the Sulu and Tawi-Tawi archipelago in the south of the Philippines identify themselves as Bangsamoro. The name Moro was given by the Spanish colonizers to the Muslims in Mindanao whom they found to have the same religion and way of life with the Muslims of North Africa who ruled the Iberian Peninsula for centuries. The Malay word bangsa, which means nation, was prefixed to suggest distinct nationhood. The term has find place in official documents of the Organization of Islamic Conference (2001) and agreements between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF). 1

7. WHERE ARE THEY PRINCIPALLY SITUATED? The homeland of the Bangsamoro people consisted of the territories under the jurisdiction of their governments before the emergence of the Philippine state. At the height of its power, the Sulu Sultanate exercised sovereignty over the present day provinces of Sulu, Tawi-Tawi, Palawan, Basilan and the Malaysian state of Sabah (North Borneo). The territory of the Magindanaw Sultanate included Maguindanao province, the coastal areas of the provinces of Sultan Kudarat, South Cotabato, Sarangani, parts of Lanao provinces, Davao del Sur and Davao Oriental, and the eastern part of Zamboanga del Sur.

8. The Datu Dakula of Sibugay, who ruled the Sibugay autonomous region under the Magindanaw Sultanate, exercised jurisdiction over Zamboanga del Norte, Zamboanga Sibugay, Zamboanga City and the western part of Zamboanga del Sur. The Rajah of Buayan ruled North Cotabato, the upper valley of Maguindanao and the interior areas of Sultan Kudarat and South Cotabato and some parts of Bukidnon. The Pat a Pangampong ko Ranao (confederation of the four lake-based emirates) ruled the interior parts of Lanao del Sur, Lanao del Norte, and parts of Bukidnon, Agusan and eastern and western Misamis provinces. The small sultanate of Kabuntalan separates the domains of Magindanaw and Buayan.

9. As a result of past policies of encouraging Filipino settlers from the north to settle in Mindanao, the traditional homeland of the Bangsamoro people the Bangsamoro was reduce into a minority and are now confined in the provinces of Tawi-Tawi, Sulu, Basilan, Lanao del Sur, and Maguindanao, and some municipalities of Zamboanga del Sur, Zamboanga Sibugay, Zamboanga del Norte, Lanao del Norte, North Cotabato, Sultan Kudarat, South Cotabato, Sarangani, Davao Oriental, Davao del Sur, Davao del Norte, Compostela Valley and Palawan. Although their territory was significantly reduced but the Bangsamoro people continuously assert their right over their homeland, which gain implied recognition by the government.

10. RETRACING HISTORY: THE MORO PROBLEM Before the colonizers set foot on the Philippine islands, the Moros had already established their own system of governance. Historically, they were formerly sovereign states with their own political and economic structures. They have a rich culture and a way of life. › The Sultanate of Sulu was founded in 1450 › The Sultanate of Maguindanao was established on 1619 › The Pat a Pangampong ko Ranao (the four principalities around Lake Lanao)

11. The Moros fought the Spaniards for 333 years since 1565 and remained uncolonized until the end of the Spanish regime in 1898. They were ceded by Spain to the U.S., along with the rest of the Philippines, with the signing of the Treaty of Paris in 1898, and consider themselves as having been assimilated to the Philippines without their plebiscitary consent. Over time, they have acquired such stigma and labels as infidels, pirates, uncivilized tribes, and cultural minority. 2

12. The country’s Muslims, as well as the other indigenous tribes throughout the Philippines, also became victims of past discriminatory government policies, especially over the issue of land and resources. For instance, the Philippine Commission Act of 1903 declared as null and void all land grants made by traditional leaders without the consent of Government. All of Mindanao was opened to resettlement program for homesteaders and the entry of corporations, and a discriminatory Public Land Law was likewise implemented which favoured homesteaders and corporations:

13. HECTARAGE ALLOWED: YEARHOMESTEADERNON-CHRISTIANCORPORATION 190316 hasNo provision1,024 has 191924 has10 has1,024 has 193616 has4 has1,024 has

14. Over time, the Moros and other Indigenous Tribes (also known as Lumad) became rapidly minoritized in Mindanao. The above factors, along with constant neglect from Government over time: have led to a rising sense of discontent among the Moros. The Moro aspiration for independence has been articulated since the early 1900s through various letters by Moro Datus addressed to the U.S. Government:

15. (1924) Letter of some Moro leaders to US Congress – proposed that Mindanao, Sulu archipelago and Palawan be made an unorganized territory of USA; and a plebiscite be held 50 years after Philippine independence, for Moros to decide whether to be part of Philippines or be an independent state; (1935) Letter of some Moro leaders to UP President – “we do not want to be included in the Philippine independence; once an independent Philippine is launched troubles (will erupt) between us and the Christian Filipinos because from time immemorial these two people have not lives harmoniously” (1961) Bill filed by Cong. Ombra Amilbangsa – grant and recognize the independent of the province of Sulu.

16. In 1968, the Muslim Independence Movement (MIM) was formed with the aim of establishing and Islamic state in Cotabato, Davao, Zamboanga & Zamboanga City, Basilan City, Lanao, Sulu and Palawan, and the adjoining Muslim areas, including the maritime areas therein. However, armed hostilities actually began in the 1970s between Government forces and the Moro National Liberation Front (MNLF) – the first Moro revolutionary group which aims to establish a Bangsamoro Republic. Sometime, in 1977, a fraction of the MNLF splintered and formed the Moro Islamic Liberation Front (MILF). A final peace settlement with the MNLF was reached in 1996 under the concept of autonomy prescribed by the Tripoli Agreement of 1975. Meanwhile, peace negotiations with the MILF had been ongoing since 1997, and the talks hinge on the question of “how to solve the Bangsamoro problem”.

17. THE MORO PROBLEM TODAY The Moro problem as perceived not only by the Revolutionary movement like the MNLF and MILF, but majority of the Bangsamoro people and even international organization and donor communities involves today, wide variety of Social, Cultural, Economic and Political issues and that it includes but not limited to the following:

18. Ancestral Domain; Displaced and Landless Bangsamoro; Destruction of Properties and War victims; Human Rights; Social and Cultural discriminations; Corruption of the Mind and Moral fibber; Economic inequities and widespread poverty; Exploitation of Natural Resources; and Agrarian Reform 3

19. Dean Benidicto Bacani, in his book “Beyond Paper Autonomy” had in fact, concluded, that “The issue raised by the MILF in the nine (9) dimensions of the Bangsamoro problem, cuts accrosed the myriad of concerns of the peoples of Mindanao that stunted development in the region. Embedded in these issued are unjust structures, practices and policies that caused the Bangsamoro to rise in Armed rebellion” (p. 122, Beyond Paper Autonomy).

20. Chronology of Autonomy: As a political solution Resolution No. 18 adopted by the Islamic Conference held in Kuala Lumpur, Malaysia on June 1974 – This Resolution recommends the searching for a joint and peaceful political solution to the problem of the Muslims in the South of the Philippines through the negotiations. December 23, 1976 - Tripoli Agreement

21. - Paragraph 1. - The establishment of the autonomy in the Southern Philippine within the realm of the Sovereignty and territorial integrity of the Republic of the Philippines. -Paragraph 2. – The areas of the autonomy for the Muslims in the Southern Philippines shall comprise the following:

22. Basilan Sultan Kudarat Sulu Lanao del Sur Tawi-Tawi South Cotabato Zamboanga del Sur South Cotabato Zamboanga del Norte Palawan North Cotabato Maguindanao All the cities and villages situated in the above mentioned areas

23. -Paragraph 3. – Defines the Powers/ Responsibilities of both the Regional and National Government. Incidentally a procedural item, item 16, was included in par 3. The item states – “The Government of the Philippines shall take all necessary constitutional processes for the implementation of the entire agreement”

24. Based on the Tripoli Agreement, Autonomy has become the Governments Principal way of solving the Bangsamoro problem. From Marcos to the present administration Autonomy became the governments “Political solution to the Bangsamoro Quest for Self-determination”. A review of the establishment of Autonomy in the Southern Philippines will show that:

25. I. MARCOS AUTONOMY P.D. 1628 (March 25, 1977)- Declared Autonomy in the Philippines and established a provision Government with the following powers; to wit: 1. To prepare for the referendum in said areas: 2. To prepare for the election of the Regional Legislative Assembly in the said areas; 3. To administer said areas in accordance with existing laws and policies governing the activities presently being undertaken by the Local Government Units therein; and, 4. To exercise such other powers as the resident of the Philippines may direct.

26. II. AQUINO AUTONOMY During the Presidency of President Aquino, and thru the initiative of the Constitutional Commission, Autonomy was constitutionalized. (Article X (Local Government, sec 15, 1987 Constitution). Republic Act No. 6734 (August 1, 1989) – An Act Providing for the Autonomous Region in Muslim Mindanao.

27. III. RAMOS-MACAPAGAL AUTONOMY 1996 Peace Agreements (September 2, 1996) – The impasse in 1999 which resulted in the failure to convened the mixed Committee to define paragraph 3, of the Tripoli Agreement of 1976 was resolved by Ramos. The MNLF return to the negotiation and finally completed the requirement of the Tripoli Agreement. In great detail, it shaped the powers of the Autonomy pronounced under the 1976 Tripoli Agreement. Republic Act No. 9054 (lapsed into law in March 31, 2001 and approved in August 14, 2001) – “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) AMENDING FOR THE PURPOSE R.A. 6734, ENTITLED “AN ACT PROVIDING FOR THE ARMM, AS AMENDED.

28. Thirteen (13) years after the signing of the 1996 Peace Agreement, the GRP and the MNLF are still in loggerheads, on how to implement the said agreement and the status of its implementation. A Tri-Partite review, under the auspices of the OIC is still a work in progress. After three (3) Tri-Partite meeting held here in Manila and abroad and the organization of a Legal Panel to work on the review, the parties have not agreed in a consensus on all points. The disagreement includes even the subject of the amendatory bill to RA 1954, the purported legal framework implementing the 1996 agreement.

29. Thirty-two (32) years, since the proclamation of Autonomy in Southern Philippines in 1977, the Bangsamoro Problem remains in our midst and at its critical points. While the reasons for the failures, of the Autonomous Region in Southern Philippines varies from Marcos to President Arroyo. It however reflects negatively on autonomy as a viable roadmap or solution to the Bangsamoro problem.

30. It proves insufficient in addressing the Moro quest for self-determination. Accordingly, the failures of autonomy is varied. It range however, on the following general causes:

31. 1. Lack of funding support for development for the autonomous areas. 2. Failed and conflicting devolution process. 3. Non Democratization of ARMM leadership structure. 4. National Political Structure that favors the elite through Patronage Politics. 5. Lack of Moro participation in National Affairs. 6. Corruption in the ARMM and 7. Restricted powers of the autonomous government.

32. What would be the effect of a political agreement with the MILF on the ARMM and the Peace Agreement with the MNLF? Following the experience of the MNLF and the process that was undertaken by Government, following its Constitutional Process, the agreement necessarily will have to go to Congress, for congress to adopt the legal mechanism to implement the agreement. Since, substantially the areas covered are the same any political system that can be agreed upon will impact on the Autonomous Region in Muslim Mindanao. Amendment to Republic Act N0. 9054, most likely will happen.

33. On the way to achieve a Political Solutions: What would you consider as a viable political solution to the Armed conflict in Mindanao given the competing claimants the general public attitude, and the complications posed by the “Abu Sayyaf Groups?” Personally, the parties must explore all options for a political arrangement that can accommodate their conflicting interests. We should get out from the box “independent-autonomy track”. The parties should word on mechanisms that would address the 9 Point Agenda, before even working on a Governance Political Structure that will define the relationship of the two (2) nations.

34. A structure that will allow the Moro to self-determine. After all there are still different models and political structures that have worked to solve secession related conflicts. A Federal model like Malaysia is an option. An association of free state like Sabah is another and there are many more other models.

35. What is essential or a sine qua non requirement is that the Bangsamoro people by and large, must be given their plebiscitary choice and consent. THANK YOU AND WASSALAM.