Bu-lat-lat (boo-lat-lat) verb: to search, probe, investigate, inquire; to unearth facts Issue No. 23 July 22-28, 2001 Quezon City, Philippines |
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New
ARMM Law to Deepen Mindanao’s Troubles The
law that amends the Organic Act that created the Autonomous Region in Muslim
Mindanao will be up for ratification in August. But the law, signed recently by
President Gloria Macapagal-Arroyo, has infirmities that the Moro National
Liberation Front (MNLF) is strongly objecting to – these are the same defects
that made Mindanao the powder keg that it is today. By
Carlos H. Conde DAVAO
CITY -- If the government will have its way, it will perpetuate – through the
amended version of the law that created the Autonomous Region in Muslim Mindanao
(ARMM) -- the same set-up that gave birth to the Moro rebellions in Mindanao in
the first place. On
August 14 the government will submit, for ratification by the people of the ARMM,
Republic Act (RA) 9054 signed by President Arroyo a few weeks ago. RA 9054
amends RA 6734 which created the ARMM. The amendment of RA 6734 is necessary
for the full implementation of the peace agreement signed by the government and
the Moro National Liberation Front (MNLF) in 1996. Under the peace agreement,
the amended law should be subject to a plebiscite in the provinces and cities
that compose the ARMM. This
early, however, the MNLF has said that it won’t recognize the results of the
plebiscite, saying it is contrary to the letter and spirit of the peace
agreement and that, besides, there’s hardly any information drive going on to
raise awareness of the plebiscite. Randolph
Parcasio, the MNLF’s legal counsel, said here that the amendatory law is
unilateral in that the government did not consult the MNLF and the Organization
of Islamic Conference (OIC) in the crafting of the amendment. “They should
have consulted the MNLF and the OIC before passing the amendatory law,”
Parcasio said, adding “I hope the President is given correct advice on this
matter.” A
contentious point in the amendments, which Parcasio described as “a very
explosive issue that has to be immediately resolved correctly by the
government," is the matter of ancestral domains and the exploitation of the
natural resources within the jurisdiction of the ARMM. Under
the 1996 peace agreement, “the exploration, exploitation, development,
utilization and protection of mines and minerals in the area of autonomy shall
be vested in the regional autonomous government.” Exempted from the coverage
of this provision are “strategic minerals which will be defined later.” The
definition of these minerals, the MNLF contends, should be done by both sides. But
the government, Parcasio said, acted unilaterally when it went on to identify
these minerals, so that in the amended ARMM law, the autonomous government’s
jurisdiction over minerals and natural resources, particularly ancestral domain
areas, has been severely limited. Section
1, Article X of the amended law reads: “All lands and natural resources in the
autonomous region that have been possessed or occupied by indigenous cultural
communities since time immemorial, except when prevented by war, force
majeure or other forms of forcible usurpation, shall form part of the
ancestral domain. Such ancestral domain shall include pasture lands, worship
areas, burial grounds, forests and fields, mineral resources, except strategic minerals such as uranium, coal, petroleum; and other
fossil fuels, mineral oils, and all sources of potential energy; lakes, rivers,
and lagoons; and national reserves and marine parks as well as forest and
watershed reservations.” (Underscoring supplied.) Moreover,
Section 5, Article XII of the same amended law reads: “The control and
supervision over the exploration, utilization, development, and protection of
the mines and minerals and other natural resources within the autonomous region
are hereby vested in the regional government in accordance with the Constitution
and the pertinent provisions of this Organic Act except
strategic minerals such as uranium, petroleum, and other fossil fuels, mineral
oils, all sources of potential energy, as well as national reserves and aquatic
parks, forest and watershed reservations already delimited by authority of the
central government or national government and those that may be defined by an
Act of Congress within one (1) year from the effectivity of this Organic
Act." (Underscoring supplied.) Unilateral,
arbitrary and unconscionable Not
surprisingly, the MNLF took umbrage at these provisions, which are among the 10
other provisions the group is objecting to. In a matrix of objections released
to the media, the MNLF said that “the (government), acting through Congress,
has unilaterally, arbitrarily and unconscionably arrogated unto itself the power
to define strategic minerals, violating the peace agreement. This negates the
agreement, which mandates that the MNLF and the (government), with the positive
contribution of the technical experts of the OIC, will mutually agree on the
definition of strategic minerals on a latter date.” In
fact, the definition of minerals that the government put in the amended law was
the same as the one it submitted during the negotiations for the peace
agreement. The MNLF rejected the government’s list at the time, leading to the
provision that set the definition at a later date. Thus,
according to the MNLF, “any attempt to define strategic minerals unilaterally
is unacceptable as it violates the agreement. The intent was to come up with a
tripartite expert definition of strategic minerals and the same must be done
before the crafting of the amendatory bills.” Robbing
native inhabitants Moreover,
the MNLF argues that the provisions “will rob native inhabitants in the
autonomous region of their birthright over their God-given natural resources
which by law is presently protected and strengthened by Republic Act 8371 (the
Indigenous People’s Rights Act or Ipra).” According
to the MNLF, the amended law will deprive “Muslim and non-Muslim indigenous
cultural communities and indigenous peoples who are inhabitants in the
autonomous region of their vested rights over their ancestral domains” as
provided in the Ipra. "The
indigenous communities, both Muslims and Christians, will have no control over
mines and minerals including our waters, lakes, rivers situated within the
proposed autonomous areas. In short, the new law will remove from the indigenous
communities their rights over their ancestral domain," Parcasio said. The
Ipra recognizes the right of indigenous peoples and communities over their
ancestral domains. The law says that these people “shall have priority rights
in the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domains.” Jurisdiction The
crux of the MNLF’s opposition to the provisions is that these “strike at the
heart of the jurisdiction of the autonomous government over mines and minerals
within its territory.” Further,
if the amended organic act is ratified and passed, it will practically give to
the government carte blanche powers
over the ARMM and its natural resources, thus compromising the spirit of genuine
autonomy. This issue also gives substance to the recurrent complaint by the MNLF
and government critics that the supposed autonomy in the ARMM is a sham. The
amended law, however, would fit perfectly in the government’s drive to convert
large tracts of lands in Mindanao into plantations and other extractive
businesses, such as mining and oil exploration in Moro areas. Already, the
government, aided by Big Business, is heavily promoting the conversion of Moro
lands into palm oil and sugar plantations, among other ventures. Business groups
in Mindanao have also scheduled visits in Moro areas in Central Mindanao for
local and foreign investors. These
provisions are also expected to become a sore point in the relationship between
the Arroyo administration and MNLF chairman Nur Misuari, who has consistently
complained about his lack of jurisdiction in matters relating to the ARMM. In
the end, this issue will raise the question on the government’s sincerity in
granting autonomy to the Moro people and the MNLF, which agreed to lay down its
arms in exchange for supposed autonomy. Development
aggression It
has been the experience of Mindanao that the so-called development aggression --
mainly by big mining, logging and big agricultural companies, many of them
transnational corporations – has victimized mainly Moro and indigenous
peoples, displacing them from their ancestral lands. This
policy of dispossession, which has been implemented in Mindanao for decades now
by the tandem of government and Big Business, gave birth to the various
rebellions in Mindanao. “It
must be borne in mind that the central issue that drove mainland Mindanao to
violence was mainly due to landgrabbing,” the MNLF said. The government, it
added, “has once again committed a disservice to the cause of peace by
removing strategic minerals and (natural resources) from the scope of ancestral
domain and the jurisdiction of the autonomous government.” The
amended law, the MNLF added, “shows very clearly the neo-colonialist bias of
the Philippine government. Up to now, despite lessons in history, the central
government wants to perpetuate control and exploitation of the natural resources
in the Bangsamoro homeland.” Petition Meanwhile,
Parcasio said the MNLF will formally petition the joint monitoring committee of
the 1996 peace agreement to stop the August 14 plebiscite. He said the MNLF
wants a “more acceptable” law to amend the organic act. The committee,
composed of representatives from the government, the MNLF and the OIC, oversees
the implementation of the peace agreement. Last
month, during the 28th Session of the Islamic Conference of Foreign
Ministers, the OIC issued a resolution urging the government “not to take any
unilateral measures, and in particular not to unilaterally conduct a plebiscite
in ARMM in line with the peace agreement concluded between the MNLF and the
(government) under the auspices of the OIC.” The
plebiscite is scheduled to take place in the provinces of Tawi-tawi, Sulu,
Basilan, Zamboanga del Norte, Zamboanga del Sur, Sibuguey, Lanao del Norte,
Lanao del Sur, North Cotabato, South Cotabato, Maguindanao, Sultan Kudarat,
Sarangani and Davao del Sur. It will also be held in the cities of Zamboanga,
Pagadian, Dipolog, Iligan, Marawi, Cotabato, Kidapawan, General Santos, and
Digos. Bulatlat.com
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