The GRP-MILF Memorandum of Agreement: A Road to Peace?

The draft of the GRP-MILF Memorandum of Agreement between the Philippine Government and the MILF has elicited vigorous objections'reactions from different sectors of the Philippine society. Premature may it be to really determine the ultimate outcome of this latest endeavour to clinch that elusive peace in Mindanao, certain matters in the draft agreement have creased the brows in the face of the Filipino.

Consider these:

1. The Bangsamoro people will have acquired: (a)their own territory comprising the land territory of their ancestral claim as well as the internal and external waters; (b)a practically internal "sovereignty" in governance and management of natural resources and own separate internal security force and police; (c)foreign relations in the guise of economic missions which could be similar to Taiwan's situation.Taiwan has economic missions in other sovereign states that for all intents and purposes could function like a regular embassy of a state.These factors practically give an implied admission of the existence of a "de facto" state of the Bangsamoro people with the BJE undertaking a governmental and administrative functions. A declaration of independence and international recognition by other sovereign states are the last steps to achieve a formal existence as a new state;

2. The provisions in the agreement may contravene the 1987 Philippine Constitution and statutes that confer proprietory rights to private persons affected by the secession of territory by the government to the MILF. It is argued that the rationale of Republic Act No. 8371 [Indigenous Peoples Rights Act of 1997] is stewardship of ancestral domains by qualified indigenous peoples and not outright ownership. Hence, there might be a need to amend the constitutional Charter and repeal of relevant laws that are in conflict with the Memorandum;

3. While there may be a plebiscite in the proposed additional areas of coverage of the BJE as to whether the the local area residents would agree to be part of the BJE, the fact remains that the BJE will have duly existed by then.

Will this agreement be a precursor to the ultimate dismemberment of the Philippines or a step towards federalism?