GRP-MILF Bangsamoro Agreement

History/Overview

Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palwanan and the Sulu at the time of conquest or colonization and their descendants whether mixed or of full native blood.

Historically, the Bangsamoro homeland consisted of the territory under the control or influence of the Moro Sultanates. Now, under the Government of the Republic of the Philippines (GRP) and Moro Islamic Liberation Front (MILF) Peace Pact, the Bagsamoro ancestral domain would only include the present territorial territory of ARMM (Autonomous Region of Muslim Mindanao) as its core and additional barangays in Region IX, XII and Palawan.

The Bangsamoro struggle for self-determination is already a struggle of generations. Thus, in this most recent peace process, the Philippine government in its effort to cease hostilities entered into this agreement (GRP-MILF Agreement). It centered on issues of territory, resources and governance - compact rights entrenchment emanating from the regime of territory under compact and territory under peace agreement.

Through the Bangsamoro Juridical Entity (BJE), Bangsamoro acquires a legal personality although unclear whether or not is part and parcel of the Republic of the Philippines. Instead, it recognizes “the Central Government,” and establishes “associative relationship and associative arrangements” “sharing of resources,” with period of transition specifying the relationship. BJE is free to enter into any economic cooperation and trade relations with foreign countries without causing aggression against the GRP. The duty and obligation of the Central Government to take charge of external defense shall remain.

Additionally, over the years the MILF is only a rebellious group that our government has not even expressly recognized as a belligerent community under international law. But we are dealing with it as if it were a full-fledged state with the capacity, among other powers, to enter into treaties. Worse, it wants us to accept the Bangsamoro as a separate state with full and expressed preference “in their favor” in case of conflict with the Philippine Republic. For the purpose of this Agreement, a “treaty” is defined as any solemn agreement in writing that sets out understanding , obligations and benefits for both parties which provides for a framework that elaborates the principles declared in the agreement.

Opinion

Under the 1987 Constitution Article 1 (National Territory) it provides that –

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of the........................"

The GRP-MILF Agreement would turn out to be a violation of our own Constitution as it gives recognition to the Bangsamoros as the exclusive owners of their claimed homeland –ancestral domains. Although the BJE embraces territorial jurisdiction over properties privately owned, their homeland ancestral domain exclusive claim limits and sets another demarcation on the entire Philippine territory, in turn Article 1 of the Constitution would no longer be applicable or needs to be modified.

Another concession in the agreement is its effect on the elements that made Philippines a state which vested our country’s international personality.
According to the Montevideo Convention a state as a person of international law should possess the following qualifications :

1. a permanent population – consist of a group of people, both sexes living together as a community. They must be sufficient in number to maintain and perpetuate themselves.
2. a defined territory – a known fixed portion on the earth’s surface occupied by the inhabitants.
3. government - must be organized, exercising control over and capable of maintaining law and order within the territory. It can be held internationally responsible for the acts of the inhabitants.
4. capacity to enter into relations with the other states – has an external sovereignty capable of conducting both its internal and foreign affairs.

In the said agreement, the Philippine territory is no longer defined as it vests certain territorial rights to the Bangsamoros. The Central Governement is no longer exercising full control over the territory as it has restricted and limited exercise of power over those territories claimed by the Bangsamoros. Under these conditions, Philippines' legal personality internationally might be put at risk of being later doubted as to have lost some elements of a state. Certainly, we don’t like this to happen.

Unless, if the MILF is considered a belligerent community then such agreement would not endanger the country’s status internationally. But the MILF is only a rebellious group that our government has not even expressly recognized as a belligerent community under international law. Recognition of Belligerent Community under the international law is only extended when these conditions are established :

1. There must be an organized civil government directing the rebels.
2. The rebels must occupy a substantial portion to the territory of the state.
3. The conflict between the legitimate government must be serious, making outcome uncertain.
4. The rebels must be willing and able to observe the laws of war.

Clearly, the MILF or Bangsamoros do not occupy a substantial portion of the territory of the Philippines. The conflict has not reached a level of uncertain outcome as there have been various negotiations and peace talks in the past and just recently.

Moreover, both parties acknowledge that the right to self-governance of the Bangsamoro people is rooted on ancestral territoriality exercised originally under the suzerain authority of their sultanates. But are these aspects enough to vest the MILF or Bangsamoros an almost nation-state identity?

Good to note, the Supreme Court stopped the said deal thru a temporary restraining order (TRO) that discontinued the Aug. 5 signing. This is after a petition filed by the Zamboanga City Government seeking relief following the government’s intention to include their province in the expanded ARMM.

The proposal on including other areas in Mindanao as part of ARMM is another issue that needs to be dealt with accordingly. Proper communications to the concerned areas should be done.

More so, the Government has to think twice on this agreement, is this really the solution or just an easy way out?