'BJE can become a separate state even without amending the Charter'
abs-cbnnews.com | 08/05/2008 10:58 AM
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The provisions under the controversial memorandum of agreement (MOA) on ancestral domain would grant the proposed Bangsamoro Juridical Entity (BJE) a status of belligerency, or an international recognition as a separate and independent state, a former lawmaker warned Tuesday.
In an interview on ABS-CBN News Channel's “News at 8,” former Senate president Franklin Drilon pointed out that by mere “executive action” to implement certain provisions in the agreement, and without constitutional amendments, the BJE can become a separate and independent state.
Drilon cited a provision in the draft MOA that would allow the Bangsamoro people to send trade missions abroad and enter into economic agreements with sovereign nations. Another is allowing them to send a representative to international bodies such as the United Nations and the Association of Southeast Asian Nations.
A provision conceding control over the natural resources within the BJE to the Muslims in the south is only a matter of executive action for it to become effective, Drilon said.
“… these can be done tomorrow under the terms of agreement. In fact, as part of confidence building measure, I would not be surprised if the MILF will now say, ‘Mr. government, show us sincerity by doing these things that do not require legislative action.’ And they (the Philippine government) are obliged [to do it],” he said
“It does not need [constitutional] amendments. It’s a matter of policy and precisely these are the instances when we assert that the MOA is one step closer to granting belligerency status to the Bangsamoro Juridical Entity,” he said.
The signing of the MOA by the Philippine governemnt and MILF peace panels was supposed to be held Tuesday, August 5, in Kuala Lumpur, Malaysia. The Philippine's Supreme Court on Monday however granted a temporary restraining order which was sought by North Cotabato officials to stop the MOA signing.
Belligerency status
Under the law, Drilon said the establishment of an independent state, and which the MOA allows, requires:
· People. “The MOA recognizes the birth right of Bangsamoro people to be identified as such.”
· Control over the defined territory. “…with the executive branch action they (Bangsamoro people) can have control over their natural resources, the exploitation of natural resources over these defined territory.”
· Definite governance. “A form of government through BJE.”
· Recognition by foreign states of Bangsamoro state, which the MOA allows.
“These four elements to my mind would put the Bangsamoro territory one step closer to the status of belligerency and this does not need constitutional amendments,” he said.
Drilon reiterated that conceding part of the Philippine territory to another entity is an impeachable offense.
“Our negotiators are not dumb. They must know what they are doing. They must know that conceding so much will create so much tension, so much situation of instability,” he said.
If the government fails to deliver its commitments to the MILF, the former legislator warned that the Moro rebels can either declare independence or create so much violence, which can be a basis for President Arroyo to declare state of emergency to quell the rebellion.
“At what expense are we going to do that (achieve peace)? Conceding so much at the expense of the entire country? I’m for peace in Mindanao but not under this term,” he said.
He said a “substantial and peace dialogue with the affected people” is the solution in the troubled Mindanao.
Cha-cha
On fears that Mrs. Arroyo is using the peace agreement to amend the Constitution, Drilon said given the low trust rating of the President he was not surprised that some people raised serious concerns about the real agenda of the peace process.
He also maintained that he posed no objections to Charter change “provided it is limited to laying the foundation for sustainability and peace in Mindanao."
