| COMMENT: More Road blocks: conflict of rights. By Patricio P. Diaz |
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| by Patricio P. Diaz | |
| Sunday, 10 August 2008 07:52 | |
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GENERAL SANTOS CITY (MindaNews/09 August) -- What an irony! The Memorandum of Agreement on Ancestral Domain that the Government of the Philippines and the Moro Islamic Liberation Front crafted for four years and seven months to bring about lasting peace, as of the moment, is imperiling the peace process. It has roused a storm of protests and the Supreme Court has restrained the Government from signing it. MOA-AD now hangs. In the pendency, Mindanao, as well as the rest of the country, is in suspense. Will the tribunal lift the temporary restraining order after the oral arguments on August 15 to signal the signing and the start of the negotiations on the comprehensive compact? If not, the suspense will continue; the resolution will be enigmatic.What in the MOA-AD fuels the protests? Its novel and noble concepts and principles are most justifiable. But, veiled in secrecy, it engendered conflicts when it came out in the open -- among which is the conflict of rights. This is our present subject. We will comment on the others later. Ancestral Domain Consensus No. 6 on “Concepts and Principles” states that “… the Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain lands, including both alienable and non-alienable lands encompassed within their homeland and ancestral territory, as well as the delineation of ancestral domain/lands of the Bangsamoro people located therein”. Consensus No. 3 defines: “… Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed by themselves or through the ancestors of the Bangsamoro people, communally or individually since time immemorial continuously to the present, except when prevented by war, civil disturbance, force majeure, or other forms of possible usurpation or displacement by force, deceit, stealth entered into the by government and private individuals, corporate entities or institutions.” The “except-clause”, by enumerating conditions which have prevented their “continuous occupation” until the present of lands which, by right, are still their “ancestral domain land”, entitles the Bangsamoro people to some lands no longer in their actual possession. Consensus No. 2 states: “… Such territorial jurisdiction and geographical areas being their natural wealth and patrimony represent the social, cultural and political identity and pride of the Bangsamoro people. Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.” The foregoing is an assertion of the historical rights of the Bangsamoro people to which the Government of the Philippines has agreed. Extent What is the extent of the Ancestral Domain? Consensus 2(c) on Territory identifies the Autonomous Region in Muslim Mindanao as the core of BJE together with six municipalities of Lanao del Sur, namely: Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal. Consensus 2(d) identifies 735 barangays -- some comprising whole municipalities -- that will be included in BJE in 12-month time after the Government has conducted a plebiscite for these geographical areas. Consensus 2(e) identifies 1,459 barangays -- some comprising whole municipalities – that, 25 years after the signing of the Comprehensive Compact, will, go through a plebiscite, “determine the question of their accession to the BJE”. As shown in a map, by 2034 at the earliest, BJE will possibly encompass three-fourths or more of the combined area of the 13 provinces and included cities provided in the Tripoli Agreement of 1976 as the area of autonomy for the Muslims. The MILF will achieve what the MNLF has failed to. Conflict of Rights While the Bangsamoro people have historical rights to their Ancestral Domain and land, the Christians in the provinces, municipalities and barangays that are proposed to be included in BJE have earned rights – property right to their lands and the right to belong to the political jurisdiction of their choice. This conflict of historical and earned rights is at the root of the storm of protest in North Cotabato and the cities of Zamboanga and Iligan. The Christians have earned rights to their lands under homestead laws, through government settlement programs, or by purchase. To their credit the MILF leaders have given the assurance that they will respect lawful ownership of lands by the Christians. Yet, the “except-clause” in Consensus 3 on “Concept and Principles” – “except when … other forms of possible usurpation or displacement for force, deceit, stealth, or as a consequence of government project or any other voluntary dealings entered into by the government and private individuals, corporate entities or institutions” – is not reassuring and a source of anxiety and fear for many. And they are determined to die for their lands. Political right is as sensitive as property right. By their own choice, people live together in a barangay, municipality and province where, led by their elected leaders, they labor to live in peace and contentment. The present protests are expression of resentment and anger for what they believe as undue interference in their political right. Their leaders are saying this: In the ARMM plebiscites of 1989 and 2001, we voted to stay out. Why will we be included in BJE to be asked of our option again in another plebiscite in 2009? Their message – why trifle with our political right? – is clear. To Illustrate Why are they protesting? Only barangays and whole municipalities with predominant Muslim population are being asked to join BJE. Most of the protesters are not included. Correct. But they contend that, first, many of the areas included are Christian-dominated; and, second, the stability and territorial integrity of their province or municipality will be adversely affected – hence, violating their right to remain stable, intact and progressive. To illustrate, here is what will happen to North Cotabato, Sultan Kudarat, Lanao del Norte and Iligan City. The conflict of political rights is clear. Cotabato: 18 municipalities. Two whole municipalities, Pikit and Kabacan, will be included in the JBE. Four others will be badly dismembered – Banisilan will lose 18 of its 20 barangays; Carmen, 17 of 28; Matalam, 12 of 34; and Pigcawayan, 20 of 44. Except for Mlang and President Roxas that will lose three and one barangays respectively, four others will lose significantly – Alamada, six out of 17; Aleosan, 7 out of 19; Midsayap, 19 of 57; and Tulunan, 7 of 29. Only Antipas, Arakan, Libungan, Magpet and Makilala will remain intact. This is what will happen in 2009. In 2034, or thereabout, the province stands to lose to BJE all its municipalities except Antipas, Kidapawan, Magpet and Tulunan with 22 barangays. The storm of protest in Cotabato is being condemned. Should it be? Sultan Kudarat: 12 municipalities. All of its 10 municipalities will be included in BJE, leaving only Isulan, its capital, minus three of its 17 barangays and Tacurong City. In 2034, Isulan will be completely absorbed in BJE, leaving only Tacurong City. While the province has a population of about 20 percent Muslim, there is no protest from there. It has a Muslim governor and one of its two congressional representatives is a Muslim. Lanao del Norte: 22 municipalities. Six municipalities – Baloi,Munai, Nunungan, Pantar, Tagoloan and Tangcal – that voted YES in the 2001 ARMM plebiscite are considered part of the core area of BJE and they will no longer take part in the plebiscite in August 2009. The whole of six other municipalities will be included and they will take part in the plebiscite. Of the 10 other municipalities left, Kauswagan with 13 barangays will lose 12; Linamon and Magsaysay will lose all their barangays. That leaves the province with Baroy, Kapatagan and Lala intact and Bacolod, Kolambogan, Maigo and Tubod slightly affected. In 2034, Bacolod will be completely absorbed. The province will only have six municipalities. The province has a population of 35 percent Muslim. But with a Muslim governor and one of its two congressional representatives a Muslim, there is no protest there. Iligan City: 44 barangays. Only eight of its 44 barangays will be included in BJE. But these are the largest with a combined area of 82 percent of that of the entire city. Besides, they are the source of the city’s agricultural products. That no other barangays will be taken in 2034 is obviously not consoling to the city residents and leaders. Looking at the above, how will the three provinces and Iligan City survive? In 2009, Tacurong City and Isulan may as well be annexed to South Cotabato, thereby abolishing Sultan Kudarat, and Lanao del Norte be abolished with its remaining municipalities given the option to be included in BJE or realigned to Misamis Oriental.
Recapitulation MOA-AD is founded on sound concepts and principles. But as a chain is only as strong as its weakest link, so concepts and principles are only as good as their actualization. The storm of protests that met the publication of the agreement shows the need to reexamine its contents in order to reconcile conflicts and to remove obstacles blocking the peace process. As defined in “Concepts and Principles” of MOA-AD, all the municipalities and barangays in Annexes A and B is Bangsamoro Ancestral Domain and will be under the jurisdiction of BJE even if the lawful owners of private lands are being assured of their ownership. But this has triggered a conflict of rights and is blocking the peace process. The conflict over political rights between the existing local government units and BJE must be reconciled. Despite assurances, the “except-clause” of Consensus 3 on Concepts and Principles hangs as a sword of Damocles over the heads of the Christian land owners. These conflicts should not be ignored or the peace process would continue to be imperiled. . [“Comment" is Mr. Patricio P. Diaz' column for MindaViews, the opinion section of MindaNews. Mr. Diaz is the recipient of a “Lifetime Achievement Award” from the Titus Brandsma for his "commitment to education and public information to Mindanawons as Journalist, Educator and Peace Advocate." You may e-mail your comments to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ] Share this story through the following Social Media sites:            |
