This file photo taken on March 27, 2014 shows Moro Islamic Liberation Front (MILF) rebels shouting”Allah akbar” (God is great) while gathered inside their camp as thousands of members and local residents arrive for a a rally in support of the peace agreement between the MILF and the Philippine government at Camp Darapanan in the town of Sultan Kudarat in southern island of Mindanao.
By Llanesca T Panti/Manila Times
Former Chief Justice Hilario Davide has ruled out the possibility of the Moro Islamic Liberation Front (MILF) turning away from the peace agreement to seek an independent state.
Davide made the stance in light of the lawmakers’ lingering concern that the MILF could just go back to their rebellious ways at any given time, because the proposed Bangsamoro Basic Law (BBL) — the fruit of the peace agreement between the government and the MILF inked in March 2014 — does not ban the MILF from seceding from Philippine territory at any given time.
By signing agreements with the government, the MILF has bound itself to the process, Davide said. “The reason the peace process could proceed in the first place is because the MILF had already given up its claim for secession. From its original call for an independent Islamic state, the MILF has indeed made a lot of compromises in negotiating for greater autonomy. After signing the Comprehensive Agreement on the Bangsamoro (CAB), the MILF also signed the annexes on the CAB which include: transitional mode, power-sharing, wealth-sharing and the decommissioning of MILF combatants, as well as the Framework Agreement on the Bangsamoro.
“By engaging in a peace process, it will become difficult for the MILF to gain international recognition — a necessary requirement to gain full sovereignty, if they attempt to secede. Rather than facilitating secession, the participation of nation-states and other international actors and entities in the peace process makes them witness to the fact that secession is outside the intent or scope of the BBL, and that the Constitution prevails in all matters,” Davide said.
Davide said that even if the BBL would expressly provide the ban on secessionism, it would still be non-binding or effective since a group that wants to secede would not be under the peace process anymore and as such, would not enjoy its benefits.
“Those who would claim secession are those who inherently refuse to recognise the power of government over them and therefore outside of the reach of the BBL. Any illegal acts that may stem from the demand to secede can be dealt with by the Constitution, including a creation of a state, which is prohibited,” Davide explained.
“The best protection against secessionism is the passage of the BBL and its effective implementation to provide a national environment that allows Muslim Mindanao to develop as part of a diverse Philippines. There would be no reason to secede,” Davide added.
Likewise, Davide countered the repeated claims of Zamboanga City representative Celso Lobregat that there should be a national referendum on which provinces will comprise the Bangsamoro region.
Lobregat insisted by quoting one of the framers of the 1987 Constitution, Fr Joaquin Bernas, that a plebiscite should be conducted nationwide to have a constituent effect.
“The Constitution has provided how the plebiscite should be conducted: that it is to be done in areas that will be affected (by the measure). Unless the Constitution is amended, that is how it should be done,” Davide said.
