Sub-state Faq Primer Hires

8/3/2019 Sub-state Faq Primer Hires

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MILF Peace PanelDialogue Series

Published by

Mindanao Peoples Caucus (MPC)

2011

Frequently Asked Questions (FAQ)


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This FAQ is sied from the MILF Peace Panel Dialogue Series with the

Non-Moro Civil Society Organizaons like the Mindanao Business

Council, Catholic Bishops, Philippine Council of Evangelical Churches,

business, academe, indigenous peoples, women, media, youth etc.

The Dialogue series has been on-going since March 2011 and has

so far reached the cies of Maka, Quezon, Zamboanga, Pagadian,

Iligan, Marawi, Cagayan de Oro, Iligan, Cotabato and Davao. These

were organized in response to the clamour for inclusiveness and

consultaons in the GPH-MILF Peace Talks. More consultaons are

slated in the coming months in order to reach out to more and more

groups and sectors.


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hat does the MILF want to achieve from theGPH-MILF Peace Talks?

The Moro Islamic Liberation Front is merely an agent of theBangsamoro people whom the former represents. When the

negotiations started 14 years ago, the only agenda of the MILF

was on How to Solve the Bangsamoro Problem? In order to do

this, the MILF is proposing for the establishment of a Bangsamoro

sub-state as a peace formula for a negotiated political settlement

of the armed conict.

W


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MILF Peace Panel Dialogue Series

What is a sub-state?

A sub-state is basically a political subdivision of a state which is

vested with self-government and law-making powers within

a dened autonomous territory. As the term implies, it is not

equivalent to an independent state because it is still under a parent

state which is politically mature enough to allow itself to share a

portion of its sovereignty to a sub-state level entity.

What is a state-substate asymmetrical relationship?

In a laypersons term, symmetry connotes uniformity, similarity,

evenness and proportionality. A symmetrical relationship is what

denes the relationship between the Philippine state and all its

local government units from the barangay municipality, city,

province and up to the regional level. All of these political units

have the same laws, systems, rules and procedures and guidelines

from Aparri down to Sulu. It assumes that each unit or region is

the same and similar with one another and therefore should be

subjected to the same systems and procedures.

The Bangsamoro struggle for right to self-determination is

basically the anti-thesis to this assumed symmetrical relationship.

The Moros are claiming they are dierent from the majority

Filipinos with respect to culture, religion, language, practices,

way of life, history and political aspirations as a distinct nation.

The Bangsamoro identify is an anathema of the symmetrical

relationship of the unitary system in the Philippines. It simply says,


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No, we are not the same with the majority Filipinos and therefore

we should have a dierent, dissimilar, asymmetrical relationship

with the Philippine state.

Are there examples of functional state-sub-staterelationship in other parts of the world?

The world outside is replete with actual experiences, research

and comparative studies on how sub-state models help resolved

violent internal conicts by striking a balance between national

sovereignty and right to self-determination issues. Right at our

door step is Hong Kong which is a bustling, progressive self-

governing region of China. Via back door, Sabah is another

example that we can look into or Aceh in Indonesia. If we want

to follow the colonial route, Puerto Rico can be a case in point or

Scotland in the United Kingdom. If the Filipino people will open up

to the world and not just hide behind the connes of a very limited

constitutional lens, we will realize that there is a lot of possibilities

for a win-win formula for the armed conict in Mindanao.

If the MILF will get what they want, how will they

run the sub-state?

At the outset, it must be emphasized that the MILF is not negotiating

for itself but for the entire Bangsamoro people. What it will achieve

will not be for their members alone but the Bangsamoro people

including the indigenous peoples and Christian settlers who are

living inside the autonomous territory.


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The sub-state will basically adopt a democratic and ministerial

system of government which will be led by a duly elected

Bangsamoro Assembly. The Bangsamoro Assembly will be

vested with powers to exercise legislative, executive and judicial

authority.

Unlike the present unitary system of the Philippine government

which has three (3) separate and co-equal branches of government

(which at times could collide each other like what is happening now

between Malacanang and the Supreme Court), the Bangsamoro

Assembly will have combined executive, legislative and judicial

authority altogether just like what is practiced in Japan, Malaysia,

United Kingdom etc.

Who will lead the Bangsamoro-substate?

Among the duly elected members of the Bangsamoro Assembly,

they will elect among themselves the Chief Minister and the

Deputy Chief Minister who will discharge the executive powers for

and in behalf of the Bangsamoro Assembly. This is similar to the

parliamentary form of government wherein the Prime Minister

is directly chosen from the Members of the Parliament. The

Chief Minister will appoint Ministers who will have departmental

responsibilities. The Ministers is like a micro counterpart of the

Cabinet who will be reporting directly to the Chief Minister.


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What powers of the state will be devolved to thesub-state?

Under the proposal, political power will be shared and devolved to the

sub-state except the following:

National defense

foreign relations

coinage and currency

postal system

Will the sub-state form its own armed forces?

No, the Bangsmoro sub-state will not form its own military force

because that power is still lodged in the central government. On

matters of national defense and external security, it will be the

Armed Forces of the Philippines (AFP) which will take care of theoverall national security vis--vis external invasion or threats.

With respect to internal security however, the sub-state will have

jurisdiction over peace and order and regional policing. It can

therefore set-up a regional peacekeeping force or police in order

to curb criminalities and maintain peace and order.

What will happen to the lands of non-Moros locatedwithin the territory of the proposed Bangsamorosub-state?

It is clear from the Draft Comprehensive Compact (hereinafter

referred to as the DRAFT) that vested rights will be respected. If


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you own a land within the territory of the Bangsamorosub-state,

the government will protect and recognize your vested rights. For

as long as you acquire those lands through legitimate means, these

cannot be taken away from you. However, if you acquire those

lands through illegal and unlawful means, that will be another

story. That can be a subject of a land dispute that may be litigated

by the regular courts subject of course to due process. There is no

truth to the black propaganda that the lands of the Christians will

be taken away from them. The MILF has been struggling over the

last 40 years in order to ght against injustice. It will not therefore

commit another injustice by conscating lands and properties that

are already vested into the hands of the settlers.

Is it true that if the MILF will get what they want inthe negotiations, the settlers will already be thrown

back to Luzon and Visayas? Is it true that their landswill be taken away from them?

In order to properly clarify this concern on the part of the settlers, it

must be claried at the outset that in the current negotiations, the

MILF is negotiating for a political territory wherein it will have the

legal authority to govern. It is not after of tenurial arrangements orthe pieces of lands belonging to individuals. What it is negotiating

is for a political territory where the Moros will be able to govern

themselves. The lands that the youhave under the Public Land

Act, Torrens System or agrarian reform deal only with tenurial

arrangements. MILF is not after of those individual lots and land

titles. What the MILF is demanding is a political territory wherethe Bangsamoro can eectively govern.


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In other words, the settlers have no reason to be afraid of. The sub-

state proposal is a formula of living together. Everyone will have

a space to live in Mindanao. No one will be driven back to Visayas

or Luzon. If our ancestors have welcomed the early settlers here

in Mindanao, how much more for the present generation of Moros

who have already lived with the settlers for 2 or 3 generations;

many have in fact inter-married already. This formula will not only

benet the Moros but also the indigenous peoples and settlers

living within.

Can we still practice our religion within theBangsamoro state? Will the freedom of religion berespected?

Yes, freedom of religion will be respected. Christians and other

believers are of course allowed to practice their own religion within

the Bangsamoro State. They can still preach, conduct their own

ministries, acquire properties to promote their mission and serve

their own members.

Will we all be covered under the Shariah laws?

Only Muslims are covered by the Shariah laws. If you are not a

Muslim, you cannot be subjected to Shariah. Sharia law is never

applicable to non-Muslims; this is a basic principle in the Quran.In

Islam, there is no compulsion in religion; unto you your religion,

unto mine my religion. For the non-Muslims, there is nothing to

fear because you can of course freely exercise your own faith andreligion.


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What areas will be covered under the jurisdiction ofthe Bangsamoro sub-state?

It depends upon what will be nally agreed upon in the current GPH-

MILF peace talks. In principle however, this will only aect those

areas which are predominantly populated by the Bangsamoro

people like the cities and provinces in the Autonomous Region in

Muslim Mindanao (ARMM) and those adjacent municipalities and

barangays which will vote in favour of inclusion in the Bangsamoro

sub-state. This is a highly democratic process of consultation

wherein the residents of the barangays concerned will be asked

in a plebiscite whether they will agree to be part of the proposed

sub-state or not.

How will the rights of indigenous peoples beprotected?

The relationship between the Bangsamoro and indigenous

peoples is historical in nature and dates back to the traditional

peace pacts between their common ancestors named ApuMamalu

and ApuTabunaway. Under the traditional peace pacts, Moros and

IPs consider themselves as brothers and sisters and are bound to

protect and defend each other from common adversaries. There

is a call to rearm these traditional agreements in promoting

the much needed unity and solidarity between and among the

descendants of Mamalu and Tabunaway. Under this principle

of kinship, the MILF is duty bound to protect the rights of the

indigenous and also recognize their rights over their ancestral


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domain, customary laws and Timuay justice and governance. In

the proposed sub-state, the indigenous people are entitled to

reserved seats in the Bangsamoro Assembly to ensure that their

interests and concerns are protected.

UN Security Council Resolution 132 mandates thatthere should be women participation in the peaceprocess. Why are there no women in the MILF peacepanel?

Sitting at the negotiating table is only one small aspect of the

peace process. The Central Committee has been engaging women

actively. The MILF is in favor of the right of women to political

participation. They are not in the peace panel, at this point,

because of some practical constraints. However, in the recently

formed Board of Consultants of the MILF Peace Panel, it has

appointed two Moro women from the civil society and academe to

represent not only the concerns of women but also the grassroots

and communities.

In the proposed political settlement of the MILF, is

there a need for a constitutional change? Can this beallowed in the present Constitution?

There will denitely be a need to amend the 1987 Philippine

Constitution in order to adopt and accommodate whatever will be

the outcome of the negotiations. In the Draft, it is proposed that

there will be an Amendment by Appendage to the Constitution


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or by surgical amendment as suggested by noted Constitutional

law expert Fr. Joaquin Bernas. This mode of amendment need

not touch anything in the Constitution but will simply allow that

the Bangsamoro Basic Law be appended into the Constitution.

This is patterned after the United States Constitution which up to

now is still intact and simply allow Amendments by Appendage.

That is why, in their Constitution, there is always a reference to

Amendment No.1.2, or 3 etc., because the changes were simply

appended to the original constitution.

Is there such a precedent in the Philippines for thistype of amendment?

Yes, the Laurel-Langley Parity Rights Agreement was simply

appended to the 1935 Constitution. In that agreement, the

Republic of the Philippines allowed parity rights between Filipinos

and Americans in the exploitation of natural resources. If we were

able to do that for a colonial master, the Americans who are aliens

in this country, why cant we do that to the Moros?

How will this negotiation with the MILF afect the

MNLF 1 Peace Agreement?

Regarding the MNLF and the GRP-MILF negotiations, the

position of the MILF is very clear. We agree that there is only one

Bangsamoro people and there is only one Bangsamoro homeland.

So the position of the MILF in so far as these issues are concerned

is very clear. We want the 1996 Peace Agreement to be fully


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implemented. Second is that, the MILF is negotiating for what is

lacking in the 1996 agreement. It is a complementary eort on

the part of the MILF. And third, the MILF is not negotiating for

the leaders of the MILF not even negotiating for the MILF. We are

negotiating for the entire Bangsamoro people. Meaning, if there

is any signing of agreement between us and the government, it is

inclusive in character. Not just for the Moro people but including

the IPs and even the Christians who are within the proposed

Bangsamoro sub-state.

What is the role of the Sultanate in the currentnegotiations?

The position of the MILF as far as the sultanate is concerned is we

want to preserve the sultanate as part of our heritage, tradition

and historical antecedents. However, we have no intention of

reviving it because the sultanate system is no longer in the present

world of governance. It has served its purpose in the past and it

has been a signicant part of building the Bangsamoro nation. We

will preserve it as part of our tradition. We will not reach this state

of our struggle if the sultanates were not there especially during

the Spanish period.

If there will be a signing of a peace agreementtoday, will it automatically give rise to the sub-statewhich will start operating tomorrow?

No, we cannot simply achieve that overnight. There will stillbe processes and preparations required to eect the agreed


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devolution of powers from the central government to the sub-

state level. Under the DRAFT proposal, there will be a Pre-Interim

Period of 12 months and an Interim Period of 6 years. These stages

are necessary to set in the gradual transfer of powers. This willprove to be the most dicult part of the peace process. Signing

of a peace agreement is just a fraction of that long and tedious

work of institution building, reconstruction and massive economic

development to ensure that the dividends of peace will reach every

home of the people, in whose name the struggle is waged for.

aaaadddd


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Mindanao Peoples Caucus

www.mpc.org.ph

Main Oce:

Door 7, Alexian Brothers Health and Wellness Center

MacArthur Highway, Matina, 8000 Davao City, Philippines

Tel: +6382.295.35.18

Email:

[email protected]

[email protected]

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