ICPeace

by Christian S. Monsod | 21 Sept 2015

Because of the complexity of multiple issues and the presence of two other more knowledgeable resource persons here today, I hope you will understand that to a great extent my presentation is selective through the lens of one of the 18 surviving members of the Framers (we were originally 48).

The question of the day is – what are the chances of a law being passed timely by the Congress that fulfills the vision of the Constitution of an Autonomous Region for Muslim Mindanao?

May I say that there is some good news. The two substitute bills represent some hope that a meaningful bill may be passed. The constitutionality of such concepts as exclusive, concurrent or shared, and reserved powers, of a homeland, distinct identity, asymmetrical relationship and a parliamentary system appear to be accepted, albeit with many reservations. The principle of solidarity as complementary to subsidiarity is also included in the SB as recommended by the Peace Council. It is an important addition because it is really a safety net for government intervention, if the common good so requires.

However, the constitutionality of words like “territory” and “Bangsamoro” still pre-occupy legislators.. And there are many powers already given to ARMM that are denied or watered down in both bills. Moreover, social and economic rights with a long history of being violated and account for much of the social injustice inflicted on the Moros are not fully upheld, even as there appears to be no disagreement on the constitutionallty of devolving them.

Repetitious references to the Constitution also betray a lack of appreciation of the fundamental rule of  interpretation of Constitutional Law – that the Constitution is deemed written in every contract or statute in the country.

There is also the matter of decommissioning. Our legislators do not seem to realize that if the MILF is to succeed it must be given the capability and legal firepower to deal with spoilers to the peace process. And to dismantle the informal or shadow economy and the power structure that supports it. This takes a delicate but strong hand to accomplish. Experience in other countries shows that the decommissioning process takes years to complete and putting conditions that would unduly hasten it would be foolhardy. If we want the peace process to succeed, we must learn to trust the people we are negotiating with.

Thus, the more important part of the lead question is not about passing a law, which the leadership of the Senate and the House assure us will be done despite the delays.  It is whether the law they will pass provides the autonomy, powers and resources that are necessary to make a success of this unprecedented and untried political experiment. Consequently,  we also need to know the challenges in this regard.

Read More »Mindanao Forum on PEACE IN MINDANAO: Interreligious Council of the Philippines