Saturday, May 23, 2015

MILF: Private sector vows to pour PHP16-B investments in Muslim Mindanao

From the Philippine News Agency (May 23): MILF: Private sector vows to pour PHP16-B investments in Muslim Mindanao

The Moro Islamic Liberation Front (MILF) on Saturday announced that firms from the private sectors will invest in Muslim Mindanao badly affected by armed conflict.

Mohaqher Iqbal, Moro Islamic Liberation Front chief negotiator, said traders told him of their desire to help Muslim Mindanao recover and be at par with other regions in the country.

Iqbal said he received the information at the sidelines of Bangsamoro Business Forum in Makati City, organized by the Philippines Business for Social Progress and the World Bank.

He said the private sector is going to invest USD 6 million to develop areas in Mindanao badly affected by conflict.

The amount will be backed by the World Bank and the Japan International Cooperation Agency (JIAS).

Iqbal was invited and spoke about the peace process and the Bangsamoro Basic Law. (BBL)

"The invitation is a proof that even business groups are supportive of the peace deal and the proposed Bangsamoro Law. Once realized, the amount will also bring fresh development to the area even if the BBL is not passed by Congress," Iqbal said.

The forum focused on investment opportunities, drew more than 80 participants from the government and the private sector, including Philippine Long Distance Telephone Co. chair Manuel V. Pangilinan and Ayala Corp. chair and CEO Jaime Augusto Zobel de Ayala.

“What we have are hard commitments from a number of companies that will total up to about USD 6 million in investments. That will be in bananas, pineapples, coffee and cacao,” said John Perrine, chair of Unifrutti Group Philippines.

“There are some fears that no one will go, no one will invest. These are people who are ready to invest today, without waiting any longer as soon as the funds are available,” Perrine said.

Perrine noted that the investments, which he described as an initial figure, would create around 22,000 jobs across 18,000 hectares of land.

Filipino companies like San Miguel Corp. earlier expressed interest to invest in conflict areas in Mindanao.

“We have 12,000 combatants with the MILF and other armed groups. The biggest problem is lack of jobs and livelihood. This is something that will provide for them directly,” Perrine said.

Also being evaluated are infrastructure projects to facilitate the flow of investments to the Bangsamoro, Richard Bolt, Asian Development Bank country director, said.

He cited the Western Mindanao Road Project, which will cover about 500 kilometers of road rehabilitation and upgrades. Bolt said other projects were being evaluated, adding the need was “massive.”

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=764806

PN to celebrate 117th founding anniversary Monday

From the Philippine News Agency (May 22): PN to celebrate 117th founding anniversary Monday
 
The Philippine Navy (PN) will mark its 117th founding anniversary this coming Monday.

This will take place at Naval Station Pascual Ledesma, Fort San Felipe, Cavite City at 2: 30 p.m.

PN public affairs office chief Cmdr. Lued Lincuna said that this year's theme is “Protecting the Seas, Securing Our Future”.

Defense Secretary Voltaire T. Gazmin will grace the occasion as the guest-of-honor and speaker.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=764559

3 more rebels surrender in Compostela Valley

From the Philippine News Agency (May 22): 3 more rebels surrender in Compostela Valley

Three more New People's Army (NPA) fighters, tired of the incessant fighting and separation from their loved ones, have voluntarily surrendered to troopers of the 25th Infantry Battalion in Poblacion Monkayo, Compostela Valley Thursday morning.

Eastern Mindanao Command spokesperson Lt. Col. Eduardo Gubat identified the surrenderers as Jessie Conseng, Jefferd Conseng and Jonathan Conseng.

Gubat said the three opted to give themselves up as they want to embrace peace, live normal lives with their loved ones and avail the programs of the government.

As of May 22, there are 62 NPA members who have surrendered to different military units of the AFP’s Eastern Mindanao Command while 30 NPA members with warrant of arrests from different concerned courts were arrested by the joint military and police elements at the Eastern Mindanao area since last Jan. 1.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=764566

DNA test results confirm remains belonged to terrorist Basit Usman

From the Philippine News Agency (May 22): DNA test results confirm remains belonged to terrorist Basit Usman

DNA tests on the remains of a man, who was killed in an encounter with Moro Islamic Liberation Front (MILF) forces last May 3, 2015 in Maguindanao, belonged to wanted terrorist Abdul Basit Usman, the Philippine National Police (PNP) said on Friday.

The PNP Crime Laboratory confirmed the maternal relationship between the DNA profile of skin tissue specimen taken from the body of Usman with the DNA profile of his mother.

Another DNA match was also established between Usman and his nephew.

In addition to the DNA test results, police investigators also obtained the sworn statements of two barangay officials in Guindulungan, Maguindanao, who positively identified the cadaver of Ahmad Akmad Batabol Usman, a.k.a. Basit Usman. Both barangay officials were also able to take snapshot photos of Usman’s body using their own camera phones.

The PNP Crime Laboratory earlier collected saliva samples thru buccal swab from Singkorya Dagkog Usman, mother of Basit, and his nephew Hairudin Balt Usman for DNA profiling.

Citing DNA test results, Crime Laboratory Director , Chief Supt. Theresa Ann Cid said the “probability of Singkorya’s maternal relationship with Basit Usman is 99.9 percent.”

Comparatively, the DNA test result also revealed that “Basit is paternally related to Hairudin Balt Usman”, Cid said.

A report from CIDG Chief, Director Benjamin B. Magalong disclosed that a skin tissue specimen was submitted to CIDG by a member of the MILF 106th Brigade on May 8, 2015 in Camp Crame. The same MILF member also submitted a sheet of plain bond paper with alleged fingerprints and bloodstains of Basit Usman.

Magalong said the MILF member executed a sworn statement before CIDG officials attesting that he personally took the specimen from the body of Basit Usman after the wanted terrorist was killed in an encounter with his unit.

The witness averred that he personally knew Basit Usman because they formerly served together under the MILF 105th Base Command and later in the BIFF.

As a high-profile fugitive from justice, Usman became the subject of DND-DILG Joint Order on Reward No. 15-2012 issued on Nov. 8, 2012 that offered Php6,300,000 reward for information leading to his arrest.

The Rewards for Justice Program of the US Department of Justice also offered up to USD 5-million reward for information leading to the arrest of Basit Usman, who was described by the US-DOJ as a Filipino bomb-making expert with links to the Philippines-based Abu Sayyaf Group and Jemaah Islamiyah terrorist organizations operating in the southern Philippines.

PNP Officer-in-Charge, Police Deputy Director General Leonardo A Espina, said these conclusive test results as corroborated by statements of witnesses’ affirmed earlier pronouncements by the AFP that Usman and some of his followers were killed in an encounter with members of the MILF 106th Brigade on May 3, 2015 in Sitio Balas, Barangay Upper Muti, Guindulungan, Maguindanao.

Espina said fight against terrorism would continue even after the death of Malaysian bomb maker Basit Usman.

Usman were among the targets of the bungled operation in Mamasapano, Maguindanao with Malaysian terrorist Zulkifli Bin Hir or “Marwan” who was killed in the January 25 mission.

The police operation, however, cost the lives of 44 Special Action Force troopers, 16 Moro Islamic Liberation Front fighters and three civilians.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=764581

Archipelagic Sea Lanes passed on 3rd reading

From the Philippine News Agency (May 23): Archipelagic Sea Lanes passed on 3rd reading
 
The House of Representatives has approved on final reading HB 5487 or the proposed law providing the parameters for the establishment of the archipelagic sea lanes in the country’s archipelagic waters.

HB 5487, which was passed on 3rd reading last Wednesday, is entitled “An Act providing for the establishment of the Archipelagic Sea Lanes in the Philippines Archipelagic waters, prescribing the rights and obligations of foreign ships and aircraft exercising the right of Archipelagic Sea Lanes passage.”

HB 5487, a substitute measure contained in Committee Report No. 574, was defended and sponsored during plenary debates by, among others, Committee on Foreign Affairs chairman Hon. Al Francis C. Bichara, himself one of the principal authors of the original measure, HB 4888.

Archipelagic sea lane refers to the designated sea lanes and air routes in the archipelagic waters through which foreign vessels or aircraft may exercise the right of archipelagic sea lanes passage, while archipelagic waters refers to the waters on the landward side of the archipelagic baselines except as defined as Internal Waters.

It is noted that one of the key provisions emphasizes that the exercise of the right of archipelagic sea lanes passage (ASLP) by all foreign ships shall be consistent with the constitutional mandate of freedom from nuclear weapons in Philippine territory.

While Archipelagic sea lane passage refers to the exercise in accordance with the UNCLOS of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit between one part of the high sea or an exclusive economic zone (EEZ) and another part of the high sea or an EEZ. (UNCLOS – 1982 United Nations Convention on the Law of the Sea)

Other principal authors of the measure are Reps. Francisco Ashley L. Acedillo (Magdalo Party-list), Rep. Rodolfo G. Biazon (Lone District, City of Muntinlupa), Rep. Jose F. Zubiri III (3rd District Bukidnon), and Rep. Rufus B. Rodriguez (2nd District, Cagayan de Oro City), among others.

The proposed statute provides that the “State in the exercise of its duty to protect its maritime domain shall implement and adhere to the provisions of the 1982 United Nations Convention on the Law of the Sea and relevant international conventions to which the Philippines is a party.”

It also provides for a comprehensive array of provisions stating the rights and obligations of foreign ships and aircraft when exercising the right of Archipelagic Sea Lane Passage.

The proposed Act mandates that the President shall promulgate through Executive Issuances the archipelagic sea lanes which may be used for the right of archipelagic sea lanes passage and the rules and regulations relating to Associated Protective Measures to be prescribed, within areas along the archipelagic sea lanes in accordance with the International Maritimes Organization (IMO) Conventions and Regulations and other relevant international agreements.

The National Coast Watch System (NCWS), created by virtue of Executive Order 57, series of 2011, under the control and supervision of the Office of the President, shall serve as the coordinating mechanism for the implementation of this Act and shall continue to operate in accordance with its present organizational structure, the bill states.

Section 4 of the Act states, among others that “Foreign ships and aircraft may exercise the right of an archipelagic sea lanes passage in accordance with the provisions of UNCLOS in order to navigate or fly from one part of the high seas or an EEZ to another part of the high seas or an EEZ through or over the Philippine archipelagic waters and its adjacent territorial sea. Such lanes shall be defined by a series of continuous axis lines from the entry points of passage routes to the exit points.”

Likewise, Sec. 5 provides, among other provisions, that “(a) Foreign ships and aircraft exercising the right of archipelagic sea lanes passage shall pass through or above the archipelagic sea lane as quickly as possible without delay and in the normal mode solely for the purpose of continuous, expeditious and unobstructed transit.”

Foreign ships and aircraft, including military aircraft and warships, while exercising the right of archipelagic sea lanes passage, shall refrain from any war game exercises or exercises using any type of weapons, especially involving the use of ordinance, the proposed Act provides.

Foreign ships or aircraft exercising archipelagic sea lanes passage shall refrain from making covert transmissions, interfering with telecommunications systems and communicating directly with an unauthorized person or group of persons in Philippines territory.

Sec. 6 also states that “All foreign ships exercising the right of archipelagic sea lanes passage shall refrain from stopping, dropping anchor or loitering, except when rendered necessary by force majeure or by distress in order to render assistance to a person or persons or a ship or ships experiencing distress.”

Sec. 7 provides, among others, (a) Foreign ships, including fishing vessels, while exercising the right of archipelagic sea lanes passage, shall not conduct any fishing operation or exploitation of marine resources of the Philippines.
 

NPA political instructor, five others bagged in Davao Oriental

From the Philippine News Agency (May 23): NPA political instructor, five others bagged in Davao Oriental

Troopers from the Eastern Mindanao Command have captured a New People's Army (NPA) political instructor and five other rebels during operations at Sitio Tabon-Tabon, Barangay Don Mariano, Lupon town, Davao Oriental Friday afternoon.

Lt. Col. Eduardo Gubat, Eastern Mindanao Command spokesperson, identified the arrested NPA instructor as a certain "Carla".

While her five cohorts were identified as Renato Cuevas with the other four still being identified as of this posting.

The six were arrested at 3 p.m. by troopers of the 28th Infantry Battalion and seized from their persons were two improvised explosive device, two .45 caliber pistols and ammunition, a fragmentation grenade, several backpacks and subversive documents.

The six NPA bandits were turned over to the Lupon Municipal Station for filling of appropriate criminal charges and for proper disposition.

"In the spirit of 'Bayanihan', we got them all. Carla and the five other bandits did not resist when apprehended by our soldiers. Only a warning shot was fired by our troops, and they were surprised that our soldiers were already in front of them," 28th Infantry Battalion commander Lt. Col. Benjamin Tiangco said.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=764818

US renews travel warning vs southern Philippines

From Rappler (May 22): US renews travel warning vs southern Philippines

The US State Department cites 'the high threat of kidnapping…linked to insurgency and terrorism'

The United States on Friday, May 22, said it renewed its travel warning against the southern Philippines, particularly the Sulu archipelago and other parts of the Mindanao island group, "due to terrorist and insurgent activities."

"US citizens should continue to defer non-essential travel to the Sulu archipelago, due to the high threat of kidnapping of international travelers and violence linked to insurgency and terrorism there," the US State Department said in a statement publicized by the US embassy on Friday.

The US State Department said it issued the new travel warning on Wednesday, May 20.

This replaces its travel warning dated November 20, 2014.

In issuing this travel warning, the US cited "a history of kidnappings and attempted kidnappings of foreigners in the Eastern Sabah province of Malaysia and in the southern Sulu Sea area." (READ: Abu Sayyaf kidnaps restaurant manager, customer in Sabah)

It attributed these incidents to "terrorist or insurgent groups based in the Sulu archipelago.

Image problem

The US then advised its citizens "to exercise extreme caution if considering travel in the southern Sulu Sea region from the southern tip of Palawan, along the coast of Sabah, Malaysia, and the islands of the Sulu Archipelago, up to Zamboanga City, Mindanao."

Sulu, one of the most beautiful tourist spots in the Philippines, suffers an image problem because of terror threats. (READ: Risk and relaxation: What it's like to tour Sulu)

In its travel warning, the US added its citizens "should also continue to exercise extreme caution if traveling to certain regions and cities of the island of Mindanao."

The US explained that separatist and terrorist groups "continue to conduct bombings, kidnappings, and attacks against civilians, political leaders, and Philippine security forces."

It pointed out that that the Bangsamoro Islamic Freedom Fighters (BIFF), a Muslim separatist group, remains active in Cotabato City and the provinces of Maguindanao, North Cotabato, and Sultan Kudarat.

The BIFF is a breakaway group of the Moro Islamic Liberation Front, the rebel group engaged in a peace process with the Philippine government to end a 4-decade secessionist movement. (READ: 45% of Filipinos prefer peace talks over war with MILF)

http://www.rappler.com/nation/94009-us-travel-warning-southern-philippines

NPA frees two captive BJMP personnel

From InterAksyon (May 22): NPA frees two captive BJMP personnel



Two personnel of the Bureau of Jail Management and Penology (BJMP) abducted in April by the New People's Army (NPA) were released Thursday in San Miguel, Surigao, the military said Friday.

Lt. Col. Eduardo Gubat, spokesman of the Eastern Mindanao Command (Eastmincom), said Juan Salazar and Feliciano Polan were released at around 8 a.m. in Barangay Libasod in San Miguel town.

The two were captured on April 27 after a group of rebels ambushed their vehicle while transporting two inmates along the national highway in Barangay Amontay, Marihatag, Surigao del Sur.

They were en route to Lianga from Tandag City for a court hearing of two inmates when the ambushed happened. The rebels had aimed to rescue one of them, identified as Jojean Alameda, allegedly a bomb expert of the NPA.

Gubat said Salazar and Polan were turned over by the NPA to local officials in the presence of Tandag City Bishop Nerio Odchimar.

According to Gubat, as of May 20, 2015, there are 30 civilians on record who were abducted by the NPA in Eastern Mindanao since 2013.

http://www.interaksyon.com/article/110974/npa-frees-two-captive-bjmp-personnel

AFP: We're always vigilant vs terrorism in Mindanao

From InterAksyon n(May 22): AFP: We're always vigilant vs terrorism in Mindanao



AFP-CRS chief Joselito Kakilala,photographed by Jaime Sinapit

With or without travel advisories, the military establishment, together with the police, are always on alert and vigilant against lawlessness and terrorism wherever in Mindanao there are peace spoilers and bandits, Armed Forces of the Philippines (AFP) spokesman and Civil Relations Service (CRS) chief Brig. Gen. Joselito Kakilala asserted Friday.

Kakilala expressed the pronouncement to journalists following a travel advisory issued by the United States for its citizens living and staying in the country to avoid some parts of southern Mindanao because of perceived terrorist threats.

"The Department of State warns U.S. citizens of the risks of travel to the Philippines, in particular to the Sulu Archipelago, certain regions and cities of the island of Mindanao, and the southern Sulu Sea area," the US State Department warned.

It said there are threats of violence and of kidnapping of international travelers including bombing.

"U.S. citizens should continue to exercise extreme caution if considering travel in the southern Sulu Sea region from the southern tip of Palawan, along the coast of Sabah, Malaysia and the islands of the Sulu Archipelago, up to Zamboanga City, Mindanao," it said.

"There have been no reports of U.S. citizens in Mindanao targeted specifically for their nationality; however, general threats to U.S. citizens and other foreigners throughout Mindanao remain a concern," it added.

The US particularly mentioned the Bangsamoro Islamic Freedom Fighters (BIFF) as a potential threat in Cotabato City, Maguindanao, North Cotabato and Sultan Kudarat.

But Kakilala said the military has no confirmatory report yet regarding specific threats.

"Our calibrated and focused operations against the BIFF in Maguindanao are uninterrupted. Our troops in the 6th Infantry Division, together with the local police, have been successful in preventing the remnants of the BIFF from coming back and mingling with civilian communities. Many of their leaders and members were killed, some captured and already in various jails," Kakilala said.

The same mode of operation was being implemented to counter the Abu Sayyaf Group (ASG) in Sulu and Basilan, he said.

Col. Alan Arrojado, commander of the Joint Task Group Sulu, said his troops were pressing attacks against bandits still holding some local and foreign captives.

"Slowly but surely, we'll get them as they fall one by one. During our focused operations, our troops are very careful because their top priority is the safe rescue of all the kidnap victims," Arrojado said.

http://www.interaksyon.com/article/110977/afp-were-always-vigilant-vs-terrorism-in-mindanao

China says US actions in South China Sea 'irresponsible, dangerous'

From InterAksyon (May 22): China says US actions in South China Sea 'irresponsible, dangerous'

 

Chinese dredging vessels are purportedly seen in the waters around Mischief Reef in the disputed Spratly Islands in the South China Sea in this still image from video taken by a P-8A Poseidon surveillance aircraft May 21, 2015. REUTERS/US Navy/Handout via Reuters

China said on Friday it was "strongly dissatisfied" after a US military plane flew over part of the South China Sea near where China is building artificial islands, and called on the United States to stop such action or risk causing an accident.

The Chinese navy issued eight warnings to the US P8-A Poseidon, the US military's most advanced surveillance aircraft, when it conducted the overflights on Wednesday, according to CNN, which had a team on board the US aircraft.

[Read related story: WATCH AND LISTEN | Audio of China Navy shooing away US aircraft over Spratlys: 'Go away quickly!']

China claims 90 percent of the South China Sea, which is believed to be rich in oil and gas, its claims overlapping with those of Brunei, Malaysia, the Philippines, Vietnam and Taiwan.

Foreign Ministry spokesman Hong Lei said the Chinese military drove away the US aircraft, in accordance with relevant regulations, labeling the US action a security threat to China's islands and reefs.

"Such action is likely to cause an accident, it is very irresponsible and dangerous and detrimental to regional peace and stability. We express our strong dissatisfaction, we urge the US to strictly abide by international law and international rules and refrain from taking any risky and provocative actions," he told a news conference.

"China will continue to closely monitor the relevant area and take the necessary and appropriate measures to prevent harm to the safety of China’s islands and reefs as well as any sea and air accidents."

Recent satellite images suggest China has made rapid progress in filling in land in contested territory in the Spratly islands and in building an airstrip suitable for military use and that it may be planning another.

The senior US diplomat for the East Asia, Assistant Secretary of State Daniel Russel, told a media briefing in Washington the US reconnaissance flight was "entirely appropriate" and that US naval forces and military aircraft would "continue to fully exercise" the right to operate in international waters and airspace.

On Thursday, US Deputy Secretary of State Antony Blinken said China's land reclamation in the South China Sea was undermining freedom and stability and risked provoking tension that could lead to conflict.

The Global Times, a tabloid owned by the ruling Communist Party's People's Daily, called the US overflights "provocative".

"Washington is purposefully raising tensions with China, a move that has created a higher risk of a physical confrontation," the newspaper said in an editorial on Friday.

"China should be prepared to ramp up its countermeasures, one notch at a time, according to the degree of provocations from the US."

http://www.interaksyon.com/article/110983/china-says-us-actions-in-south-china-sea-irresponsible-dangerous

DNA test results confirm remains belonged to Basit Usman

From InterAksyon (May 22): DNA test results confirm remains belonged to Basit Usman



TV5 screenshot of Basit Usman. The police confirmed a match between tissue taken from what is believed to be the terrorist's body, and that of his mother and nephew.

DNA tests on the remains of a man killed in an encounter with Moro Islamic Liberation Front (MILF) forces last May 3, 2015 in Maguindanao, belonged to wanted terrorist Abdul Basit Usman, the Philippine National Police (PNP) said on Friday.

The PNP Crime Laboratory confirmed the maternal relationship between the DNA profile of skin tissue specimen taken from the body of Usman with the DNA profile of his mother.

Another DNA match was also established between Usman and his nephew.

In addition to the DNA test results, police investigators also obtained the sworn statements of two barangay officials in Guindulungan, Maguindanao, who positively identified the cadaver of Ahmad Akmad Batabol Usman, a.k.a. Basit Usman. Both barangay officials were also able to take snapshots of Usman’s body using their own camera phones.

The PNP Crime Laboratory earlier collected saliva samples through buccal swab from Singkorya Dagkog Usman, mother of Basit; and his nephew Hairudin Balt Usman for DNA profiling.

Citing DNA test results, Crime Laboratory Director, Chief Supt. Theresa Ann Cid, said the “probability of Singkorya’s maternal relationship with Basit Usman is 99.9 percent.”

Comparatively, the DNA test result also revealed that “Basit is paternally related to Hairudin Balt Usman”, Cid said.

A report from CIDG Chief, Director Benjamin B. Magalong, disclosed that a skin tissue specimen was submitted to CIDG by a member of the MILF 106th Brigade on May 8, 2015 in Camp Crame. The same MILF member also submitted a sheet of plain bond paper with alleged fingerprints and bloodstains of Basit Usman.

Magalong said the MILF member executed a sworn statement before CIDG officials attesting that he personally took the specimen from the body of Basit Usman after the wanted terrorist was killed in an encounter with his unit.

The witness said he personally knew Basit Usman because they formerly served together under the MILF 105th Base Command and later in the BIFF.

As a high-profile fugitive from justice, Usman became the subject of DND-DILG Joint Order on Reward No. 15-2012 issued on Nov. 8, 2012 that offered a P6.3-million reward for information leading to his arrest.

The Rewards for Justice Program of the US Department of Justice also offered up to $5-million for information leading to the arrest of Usman, who was described by the US-DOJ as a Filipino bomb-making expert with links to the Philippines-based Abu Sayyaf Group and Jemaah Islamiyah terrorist organizations operating in the southern Philippines.

PNP Officer-in-Charge, Police Deputy Director General Leonardo A Espina, said these conclusive test results as corroborated by statements of witnesses’ affirmed earlier pronouncements by the AFP that Usman and some of his followers were killed in an encounter with members of the MILF 106th Brigade on May 3, 2015 in Sitio Balas, Barangay Upper Muti, Guindulungan, Maguindanao.

Espina said the fight against terrorism would continue even after the death of Usman.

Usman was among the targets of the bungled operation in Mamasapano, Maguindanao, where Malaysian terrorist Zulkifli Bin Hir or “Marwan” was killed in the January 25 mission.

The police operation, however, cost the lives of 44 Special Action Force troopers, 17 Moro Islamic Liberation Front fighters and three civilians.

http://www.interaksyon.com/article/110978/dna-test-results-confirm-remains-belonged-to-basit-usman

Committee-approved BBL: Is it faithful to the peace pact? Is it more than ARMM?

From MindaNews (May 23): Committee-approved BBL: Is it faithful to the peace pact? Is it more than ARMM?

By a vote of 50 in favor, 17 against and one abstention on Wednesday afternoon, the Ad Hoc Committee on the Bangsamoro Basic Law (BBL) approved its substitute bill, HB 4994, providing for a Basic Law for the Bangsamoro Autonomous Region, in what Committee chair Rep. Rufus Rodriguez of Cagayan de Oro described as a “historic vote,” an “affirmative action to fully correct centuries of neglect and injustice.”

But is the substitute bill, which has been forwarded to the Committees on Ways and Means, and Appropriations before Rodriguez delivers his sponsorship speech on Wednesday, May 27, indeed, historic? Is it faithful to the Comprehensive Agreement on the Bangsamoro (CAB) that the Philippine government and the Moro Islamic Liberation Front (MILF) signed on March 27, 2014? Does it give the future Bangsamoro more autonomy than the Autonomous Region in Muslim Mindanao (ARMM) that it seeks to replace? Is it inclusive enough? Does it address historical injustice and the legitimate grievances of the Bangsamoro? Is it going to end or perpetuate the “unacceptable status quo?”

It is the third time in the post-Marcos dictatorship Congress that an autonomy law for the Moro is being deliberated upon by Congress, the second time it is based on a peace agreement.

THE VOTE. By a vote of 50 in favor, 17 against and one abstention, the Ad Hoc Committee on the Bangsamoro Basic Law approved it substitute bill for deliberations at the plenary. MindaNews photo by Froilan Gallardo

THE VOTE. By a vote of 50 in favor, 17 against and one abstention, the Ad Hoc Committee on the Bangsamoro Basic Law approved it substitute bill for deliberations at the plenary. MindaNews photo by Froilan Gallardo

RA 9054, intended to amend RA 6734, the Organic Act creating the ARMM, to incorporate the provisions of the 1996 Final Peace Agreement between the government and the Moro National Liberation Front (MNLF), was passed in 2001, with the MNLF then, led by founding chair and ARMM Governor Nur Misuari, repeatedly complaining that the amendatory law rendered the ARMM “less autonomous that it was.”

Initial reactions to the Committee-approved bill point to provisions that, if not addressed during the plenary deliberations, will make the future Bangsamoro region “less autonomous than the ARMM.”

Quantitatively 90%, Qualitatively 50-50

MILF peace panel chair told MindaNews Wednesday that the Committee-approved version is “90% okay but added he is deeply concerned about those in the CAB and FAB (Framework Agreement on the Bangsamoro) that were deleted or transferred or superimposed.”

“Very hard to describe,” Iqbal, also chair of the Bangsamoro Transition Commission (BTC) that drafted the BBL, admitted.

Asked to elaborate on his “90% okay” statement Iqbal replied: “quantitatively, 90% but qualitatively, baka 50% lang.” He said they were still making an accounting of the provisions won and lost.

For government peace panel chair Miriam Coronel-Ferrer, the Committee-approved version carried three major substantive elements: “the structure of government, automatic block grant, and the layered voting process where the majority vote in thex six  Lanao Norte municipalities and 39 North Cot barangays shall be determined at the level of the LGU (local government unit).”

“Most other articles, especially on fiscal and economic matters were preserved. Promotion of women’s  and IP’s welfare were enhanced.  However, there were cutbacks on the jurisdiction of the Bangsamoro government over natural resources, albeit not on the wealth-sharing from the exploration, development and utilization of these resources. In short, far from independence but much more than the ARMM and with sufficient werewithal to exercise meaningful autonomy.”

“Problematic”

Lawyer Raissa Jajurie, BTC Commissioner, told MindaNews there are “problematic provisions” in the substitute bill, one of which is Section 2, Article 12 on Economy and Patrimony.

“The Committee used the same problematic language found in RA 9054. If it is problematic, why use it again? What, who defines what is ‘strategic minerals’? And more importantly, this goes against what was painstakingly negotiated,” said Jajurie, who was in the MILF peace panel’s team that negotiated Wealth-Sharing.

“In the peace agreement, it couldn’t be any clearer: the Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro.”

Adhoc committee chair Rufus Rodriguez talks to members of the Friends of Peace after the voting on Bangsamoro Basic Law on May 20, 2015. MindaNews photo by Toto Lozano

Adhoc committee chair Rufus Rodriguez talks to peace advocates after the voting on Bangsamoro Basic Law on May 20, 2015. MindaNews photo by Toto Lozano

Rodriguez’ Chairman’s Working Draft released on May 13 retained the provision but the Chairman’s and Vice Chairperson’s Working Draft, distributed towards noon of May 18 and which, hours later, became the basis for the voting despite objections from Committee members who wanted to be given time to study the new draft, has been amended to read “The Bangsamoro Government shall have the authority, power, and right to the control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources within the Bangsamoro Autonomous Region in accordance with the Constitution and the pertinent provisions of this Basic Law except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy, provided that the Bangsamoro Government shall be consulted.”

Naguib Sinarimbo, former ARMM Executive Secretary and a member of the MILF peace panel’s legal team said “thiss concept of strategic minerals has been a source of problem in the (peace agreement between the government and Moro National Liberation Front) and in RA 9054 and the subject of extensive discussions in the Tripartite Review of the GPH-MNLF Peace agreement and was never resolved. The phrase is problematic as the list of strategic minerals can go beyond the enumeration and before you know it. almost all resources would now be classified as strategic and therefore now outside the jurisdiction of the Bangsamoro Government. What is even funny is that the genus ‘all sources of potential energy, besides including the water in Lake Lanao as a potential source of energy, may also include your fart. Yes, even your fart is outside the jurisdiction of the Bangsamoro because it is methane gas and a potential source of energy.”

Even Governor Mujiv Hataman of the Autonomous Region in Muslim Mindanao (ARMM) noted the change from joint management to mere consultation. “Strategic resources tinanggal. Then audit power is internal auditing lang… Sana may ngipin konti. Sana sa strategic resources may compromise.”

But Hataman said the substitute bill is “better than ARMM.”

“Nothing to celebrate”
For Muslimin Sema, chair of one of the factions of the Moro National Liberation Front (MNLF), who was Secretary-General during the peace negotiations from 1992 to 1996, “there’s nothing to celebrate.”

“The strength stipulated in the 42 consensus points and co-management of strategic minerals and the 50-50 shairng were even lost. Appropriate discussion or consultation has to be done if the intention is to go back or even connect the CAB/BBL with the mother agreement or the use of the products of the Tripartite Review (government-MNLF and the OIC or Organization of the Islamic Cooperation).
Sema’s son, Omar, a lawyer, describes the substitute bill as “very way below the ARMM.”

“In the stalled Tripartite Review, the GPH and MNLF agreed that the autonomous region shall have 50-50 sharing in the proceeds and to a joint management in Strategic Minerals, the non-inclusion of these provisions not only proves the MNLF’s allegations that GPH (Government of the Philippines) has left them out in the peace process. These provisions are one part of the 42 consensus points which the GPH boastfully alleges to have taken into the proposed BBL. With the non-inclusion of these provisions, the BBL is the same dog with a ‘wang-wang’ collar.”

The younger Sema explained that “the very absence of that provision makes the BAR lower than ARMM. The resources are not only potential sources of energy such as water and fossil fuel, and they can make or unmake our quest for relative independence. Without having any say in their exploration, exploitation and utilization, we will remain dependent on the central government.”

He also said the specification of the powers of the future Bangsamoro region “does not make it more powerful than the ARMM..it is more apparent than real. In reality, the specification effectively limits the powers of the BAR.”

He added that the Bangsamoro Paliament uncer Article XVI “has no power to initiate amendment and revision of the Basic law in contrast to the power to do so under Article XVII of R.A. No. 9054.”

Lawyer Randolph Parcasio, spokersperson of MNLF founding chair Nur Misuari said he has yet to read the bill in its entirety but from his initial reading, “it seems not adequate to address remaining issues in the Tripartite Review on strategic minerals, territory and provisional government.”

“Gains should not be lost”
Undersecretary Jose Lorena of the Office of the Presidential Adviser on the Peace Process said the gains of the peace process “should not be lost because if the gains are lost, the people will not be satisfied and people will again clamor for genuine autonomy. If we remove the powers already in ARMM, we will go back, we will not move forward.”

ARMM Executive Secretary Laisa Alamia, wonders why the provision on a human rights commission was weakened in the substitute bill when this is already provided for in RA 9054, and in fact, there is a Regional Human Rights Commission (RHRC) in the ARMM.

Under the substitute bill, the Bangsamoro Human Rights Commission shall be supervised by the national Commission on Human Rights.

Alamia, the first chair of the ARMM’s RHRC told MindaNews that the RHRC is “independent from CHR national though part of its charter passed by the Regional Legislative Assembly states that it has institutional partnership with CHR national. But it’s not under CHR.”

“Mas independent ang RHRC also because is it not the Regional Governor who appoints its commissioners but the President with graduated number of years as term. So no commissioner is appointed under the same president or the same regional governor to keep it away from political influence,” Alamia said.

“Very, very sad day”

Zamboanga City Rep. Celso Lobregat, who raised the most number of questions during the section-by-section deliberations said, “I am not anti-Peace but we need a BBL that is just, fair, acceptable and feasible and most important consistent with the Constitution and the existing laws.”

"A very, very sad day," said Zamboanga City Rep. Celso Lobregat. MindaNews photo by Froilan Gallardo

“A very, very sad day,” said Zamboanga City Rep. Celso Lobregat. MindaNews photo by Froilan Gallardo

“We have listened to the voice of the people, those who are for and those who are against. Unfortunately, there are many, many, many provisions in the basic law that really go against our Constitution, that make it very difficult for adjoining areas and also there are many provisions that are very ambiguous,” he added.

“I think I have made more than 150 amendments, principled amendments, logical amendments. There was basis in law and Constitution; I explained each and very amendment… It is really a very, very sad day. I am for peace but I am not for appeasement at the expense of the Republic.”

“A strong and unequivocal No dahil hindi maghahatid ng kapayapaan ang BBL” (because BBL won’t bring peace), Senior Deputy Minority Leader Neri Colmenares of Bayan Muna, said.

Colmenares said the BBL won’t bring genuine peace to Mindanao because “it does not address the roots of the conflict.”

Makabayan bloc members Neri Colmenares, Antonio Tinio and Carlos Isagani Zarate scrutinize the draft of Bangsamoro Basic Law during a marathon hearing on May 19, 2015. MindaNews photo by Toto Lozano

Makabayan bloc members Neri Colmenares, Antonio Tinio and Carlos Isagani Zarate scrutinize the  Chairman’s and Vice Chairperson’s working draft during the marathon hearing on May 19, 2015. MindaNews photo by Toto Lozano

“BBL failed to do this BBL failed to address the roots of conflict that is why there will still be war. Sayang na sayang.”

Colmenares blamed the “yellow version” of the BBL or what he has been referring to as the Malacanang version, which became the basis for voting instead of the consolidated report of the Committee.

“There was a hearing but Malacanang was not listening. We missed our chance for peace . We missed our chance to peace because Malacanang corrupted it,” he said.

Status quo

Rep. Carlos Isagani Zarate, also of Bayan Muna also voted No because “hindi nito sasagutin ang historial injustice committed agiasnt the Bangsamoro people. Our promised autonomy is hunghang,” He said the control, specifically on resources, still lies with the central government, making it “an empty victory for the Bangsamoro people.”

Zarate said RA 9054, the law governing the ARMM and which the substitute bill intends to repeal, contains a provision on agrarian reform, but there is no similar provision in the substitute bill.

Zarate proposed to insert “agrarian reform” in one of the provisions but his motion was defeated.
“Paano magkaroon ng development sa Bangsamoro area kung ang resources kino-control ng iilan? Hindi pa rin mai-implement ang totoong pagbabago sa Bangsamoro,” he said.

Rep. Antonio Tinio of the party-list ACT Teachers, also voted No because the bill, particularly its “malabnaw na bersyon ng Malacanang” (diluted Malacanang version) won’t bring peace. He said the Bangsamoro needs genuine autonomy but BBL is giving it limited autonomy.

“Binawasan pa ang poder na binigay sa Bangsamoro sa larangan ng defense and security, public order, et.c. natural resources. binawi pa ng Malacanang version ang control ng Bangsamoro sa kagubatan , fossil fuels, minerals, etc…”

He said the substitute bill “will perpetuate and won’t change the status quo” as he expressed fear the Bangsamoro “will be subject to more exploitation.”

Anakpawis Rep. Fernando Hicap, deputized by Deputy Minority Leader Lino Cayetano,  said the BBL is “not a solution but will perpetuate the status quo.”

http://www.mindanews.com/peace-process/2015/05/23/committee-approved-bbl-is-it-faithful-to-the-peace-pact-is-it-more-than-armm/