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Thursday, August 21, 2008
Territorial deal signing suspended
By Ben O. Tesiorna
MANILA -- Triggered by attacks in certain areas in Mindanao, the Philippine government will no longer sign the controversial Memorandum of Agreement on Ancestral Domain (MOA-AD) with the Moro Islamic Liberation Front (MILF).
Press Secretary Jesus Dureza made the announcement Wednesday at the Department of Foreign Affairs (DFA), saying the government will instead seek to renegotiate the agreement with the Moro rebel group.
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A motion and manifestation was filed by the Office of the Solicitor General (OSG) before the Supreme Court (SC) seeking the dismissal of all petitions questioning the constitutionality of the agreement on the ground that signing of the MOA-AD between the government and MILF will no longer push through.
Solicitor General Agnes Devanadera, however, clarified that it is only the MOA signing “in its present form” that will be suspended and not the peace negotiations.
She noted that government cannot unilaterally withdraw from the hearings before the high court since there were petitions filed before it.
With the current situation in the south and the “barbaric” acts committed by MILF commanders Umbra Kato and Abdullah Saber Macapaar, Dureza said the government is not poised to sign the agreement on Bangsamoro land even if the tribunal decides to dismiss the six petitions questioning its validity.
The SC is scheduled to resume its oral arguments on Friday, but sources said that the magistrates might again hold an executive session prior to the debates to discuss the OSG’s motion. After the executive session, the justices will rule whether or not to proceed with the oral arguments.
“In the light of what is happening today in Mindanao, it is best that we continue negotiating on that particular agreement and that we further negotiate until we come up with the final settlement,” said Dureza.
In a statement last August 19, the MILF however stated that they are not interested on renegotiating for the MOA-AD.
Renegotiate
Ghazali Jaafar, MILF deputy chair for political affairs, said their organization will not agree to revisit or renegotiate the MOA-AD even if it means the impasse of the peace talks indefinitely.
Jaafar said that as far as the MILF is concerned, the MOA-AD, after it was initialed by the three parties, is already a "done deal."
To renegotiate the MOA-AD is like "opening a can of worms" that would make the Muslim secessionist group appear comical and without self-respect before domestic and international galleries, he added.
On July 27, Secretary Rodolfo Garcia, head of the government Peace Panel, Secretary Hermogenes Esperon of the Office of the Presidential Assistant on the Peace Process (Opapp), Mohagher Iqbal, MILF chief peace negotiator, and Datuk Othman bin Abdu'razak, Malaysian chief facilitator, initialed the document at the Bellamy Hall in Kuala Lumpur.
The "done deal" position of the MILF is in contrast to government's "no deal," saying it can only be consummated if the document is signed formally by the parties.
Dureza, on the other hand, said that with the latest policy decision of the Arroyo administration, they expect for the SC to dismiss the petitions on the MOA-AD filed by various politicians and other oppositors.
The MOA-AD would have expanded the Autonomous Region in Muslim Mindanao, subject to a law and voters' approval in a plebiscite.
It would also have granted Muslims wider economic and political powers, including 75:25 sharing of wealth from exploitation of natural resources.
Critics said the territorial deal was unconstitutional since it would have granted the MILF nearly all the elements of a separate state.
They also complained about not being consulted on the agreement.
Attacks
Armed Forces Chief Alexander Yano meanwhile said the government security forces stood firm to run after the perpetrators who launched attacks on several towns in the provinces of Lanao del Norte and North Cotabato.
In her motion with the SC, Devanadera said a thorough review of the MOA-AD is needed in the wake of atrocities perpetrated by some MILF rebels in some areas in Central Mindanao.
Devanadera said the government panel is rethinking its position in signing the peace agreement with the MILF while its “lost command” takes advantage of the truce and pillage civilian villages.
“Circumstances have changed from the time of the intended signing of the MOA in Malaysia. Following the filing of various petitions questioning the constitutionality of the MOA, fighting in some areas in Muslim Mindanao had resurfaced led by some disgruntled groups of the MILF,” she said.
The recent occupation by the MILF “lost command” of some towns in Lanao del Norte resulted in the death of about 40 unarmed civilians.
The issuance of a temporary restraining order (TRO) by the SC coupled by the present condition in some areas in Mindanao warrant the review of the MOA, she said. (BOT of Sun.Star Davao/ECV/JMR/Sunnex)
Related stories:
SC stops signing of territorial deal
Gov't wants territorial deal to continue
N. Cotabato residents rally vs Armm expansion
18 mayors refuse to be part of MILF land
2 more petitions vs territorial deal filed
For more Philippine news, visit Sun.Star Iloilo. (August 21, 2008 issue)
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