THE Bangsamoro basic law (BBL) is under consideration for passage in Congress. It represents “the negotiated political settlement…[by] which the parties aim to establish and entrench a regime of peace, development social justice, and the rule of law in the conflict-ridden areas and communities of Southern Philippines.” (Explanatory Note to House Bill 4994—the BBL bill.) The parties referred to here are the Moro Islamic Liberation Front (MILF) and the government of the Republic of the Philippines.
While the BBL was being deliberated in Congress, the Mamasapano incident happened on January 25, where elements of the MILF, the Bangsamoro Islamic Freedom Fighters (BIFF) (an armed breakaway group from the MILF) and other armed private groups, attacked and killed 44 Special Action Force (SAF) commandos of the Philippine National Police while on a mission to capture and arrest the wanted international terrorist Zulkith Bin Hir, alias Marwan, and his associate, Abdulbasit Usman in so-called MILF territory.
As a result of this development, the passage of the BBL has stalled in Congress. Some say it is providential, in the sense that this woke up the Filipinos to inquire and be inquisitive about BBL. There is now a most divisive national debate on whether the BBL should be pushed through; people raising many varied valid issues.
The matter is complex, sensitive, pivotal and emotion-laden, the decisions on which have long-term consequences fundamental to the integrity and security of the country, and to the effectiveness of our system of national government.
We need to know more and understand better, so I raise and focus on these questions, which are, by the way, repetitions from what I’ve heard and read.
- Is the MILF, as represented by its chief negotiator, Iqbal Moghader, the “right party” to negotiate with for a comprehensive peace agreement? And can this MILF, from which our government is negotiating with, enforce its undertakings under the BBL, considering that:
- a) It could not even control its MILF armed rebels who killed our SAF men in Mamasapano, in spite of an ongoing peace process?
- b) It cannot control either the Moro National Liberation Front and the BIFF, which appear to openly ignore or rebuff the MILF in this negotiated BBL? Why, as soon as a BBL is finally agreed upon, a splinter-group (as the BIFF is) may claim it has been excluded from the negotiations and, therefore, will not abide by it.?
- Is the BBL the “all or nothing” formula for peace and development in Muslim Mindanao?
- a) If it is shown that there are constitutional infirmities in the BBL (as some experts have testified in the Senate hearings), can the MILF accept “adjustments” to the BBL as presented? Threats of war, if the BBL is not passed in toto, are not helping the discussions.
- b) If we need to explore other platforms for peace and development, isn’t it more prudent to give ourselves more time to craft a more acceptable but enduring formula?
- I read the bill on the BBL, and I wonder why the preamble of a congressional bill is worded as the Bangsamoro ordaining and promulgating the BBL, i.e., “We, the Bangsamoro people and other inhabitants of the Bangsamoro…. With the blessings of the Almighty do hereby ordain and promulgate this Bangsamoro Basic Law, through the Congress of the Republic of the Philippines, as the basic law of the Bangsamoro that establishes the asymmetrical political relationship with the Central Government….” Is it the Bangsamoro promulgating for Congress? Why not the national government, instead of the central government? Is there a nuanced distinction here?
- In the ultimate, it is a question of trust. Do we trust the MILF to fulfill its undertakings? Do we need to, first, build up mutual trust, not just between those negotiating parties, but trust shared by all the Filipino people?
As it happens, there are really more questions to ask than can be included in a limited column space. So join the public discussions, and raise your own questions. It matters.
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The opinions expressed here are the views of the writer and do not necessarily reflect the views and opinions of FINEX. Free Enterprise is a rotating column of members of the Financial Executives Institute of the Philippines appearing every Wednesday & Friday.