Showing posts with label ancestral domain. Show all posts
Showing posts with label ancestral domain. Show all posts

Tuesday, August 12, 2008

MY COMMENT ON THE CALL FOR DISCERNMENT AND UNITY

Earlier, I posted a whole page ad published in the newspaper entitled "A Call for Discernment and Unity". It was a statement by several Mindanao-based groups regarding the peace process. Here are my comments:

The unsigned GRP-MILF Memorandum of Agreement on Ancestral Domain has sparked so much controversy and debate. Perhaps understandably so because the issues addressed by the agreement itself are, by themselves, subjects of negotiations between the two parties. It cannot be removed that in negotiations, there two, even more sides to the issues.

I think it will also be fair to say that parties not privy to the negotiations are not out of order when they begin raising questions about the negotiations itself and the product of such talks. Most especially if the outcome of the negotiations has an impact on the lives and concerns of those not party to the talks.

Therefore, it is only proper that an in-depth, objective and sober deliberation on the matter of the Memorandum of Agreement on Ancestral Domain be undertaken with all those who have concerns allowed an opportunity to be heard and to listen. After all, peace in Mindanao is not a desire limited to those who live in that great frontier but a just and lasting peace is a national vision and aspiration for all Filipinos.

It is disheartening to hear that those who raise questions about the agreement seem to be portrayed as not in unison with the objective of achieving peace in Mindanao and upholding the rights of the indigenous people. As mentioned earlier, these objectives are common to all, and it is not monopolized by those who are direct participants in the peace process. Those who ask questions want peace too.

Rhetorics such as “politicians who in the past few days became willing mouthpiece in fueling chaos, fear, hatred and communal violence” tend to demonize anyone who raises a point of concern about the MOA-AD. Such statements seem contradictory to the call for people to “be responsible enough to tackle this issue in an intelligent and dispassionate manner, bearing in mind that we are all brothers and sisters, and that everyone in this country has the right and deserve to be treated with respect and dignity”.

While it cannot be denied that there may be some who may be throwing in a monkey’s wrench into the process for political gains, it does not give a justification to lump all those who raise questions about the MOA together and brand them as anti-peace, and prejudiced against indigenous people’s rights.

Just as we frown upon those who discriminate against minorities, we should equally frown upon those who fall into arrogance in the practice of reverse discrimination.

In a democracy, the right of the people to information and be heard on matters that affect their lives serve as a cornerstone. True peace advocates also exercise patience and tolerance, sometimes to the point of being unfair to themselves. While the proponents of the MOA-AD are consistent in saying that adequate consultations were made, the fact of the matter is that there are those who were not consulted but affected by the MOA.

While the government panel claims that there were 110 consultations, can they directly dispute the claim of Mayor Celso Lobregat, whose City Hall was included in the areas to be made part of the proposed BJE, that he was not consulted? If not, which they have not, then it is beyond argument that there were not enough consultations. Considering the impact of the agreement on the governance of the mayor, it is illogical for him to be left out of the consultations.

In the bigger picture, the continued negation of the executive department to educate the legislature about the Memorandum of Agreement on Ancestral Domain, to my mind, does not help to quell the furor over the agreement. It may be arrogance or simply a lack of political acumen, but their failure to reach out to the legislature during these times of controversy over the MOA will only serve to raise more doubts as to the true motives behind the moves. The government is the one doing the injustice to the indigenous peoples by not taking the extra step to convince those to whom the MOA will eventually go to that the MOA will be good for the country (after the signing, the amendments to the legal framework will have to be done through congressional action).

Before I filed a resolution for the House of Representatives to conduct an inquiry into the MOA for Congress to be better apprised of its contents in a formal venue, the GRP panel met with select members of the House. I found it to be ineffective because even if they were able to convince those select members (which they did not), they would still have almost two hundred others who are still in the dark about the basis, purposes, and prospects of the MOA’s provisions.

After I had delivered a speech on the need for Congress to be briefed as an institution, the GRP panel once again met with select members, once again alienating others. Is this the transparency that they are harping about?

I am all for the resolution of the conflict in Mindanao. I am supportive of any move to uphold the rights of indigenous people. But let us do it in a manner which will not be tainted with controversies of our own doing. If there’s anyone to be blamed for the snag in the peace process, the government has no one else to blame but itself.




A CALL FOR DISCERNMENT AND UNITY

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Wednesday, August 06, 2008

Congressman Biazon Files Resolution to Scrutinize GRP-MILF Memorandum of Agreement

Muntinlupa City Congressman Ruffy Biazon yesterday filed House Resolution No. 711, calling on the House Committee on National Defense and Security and House Special Committee on Peace, Reconciliation and Unity to conduct an inquiry in aid of legislation on the proposed GRP-MILF Memorandum of Agreement on Ancestral Domain (MOA-AD).

Citing the controversy sparked by the alleged “non-consultation among the stakeholders and the people concerned and non-transparency of the draft Memorandum of Agreement” which was the basis for a petition for TRO filed in the Supreme Court, Congressman Biazon called on the House of Representatives to conduct the inquiry.

In the resolution, the Vice-Chair of the Committee on National Defense said the inquiry should be done so that the House will be “informed of the basis of the provisions of the Memorandum of Agreement on Ancestral Domain, and to determine legislative measures that need to be undertaken as proposed in the said agreement”.

“The MOA itself says that there may be a need to amend the existing legal framework of the Philippines in order to put into effect the provisions of this MOA and the eventual Final Peace Agreement. Who is supposed to do the amendments? Isn’t that the job of Congress? So it is just proper that Congress should scrutinize this MOA”, Biazon explained.

The stakeholders who claimed to have been left out of matters that will have a great effect on their lives are also entitled to be represented in crafting government policies. “The Congress is People’s Representation as prescribed by the Constitution. The People have a right to be heard and to ask questions through Congress”, the congressman averred.

Told that Executive Branch officials yesterday met with some members of the House representing the affected areas in a closed door meeting, Biazon replied, “That is good. But will they be able to pass legislation by themselves? Are we not putting on the line the Constitution of the Republic of the Philippines, which all of us are sworn to preserve and defend? Whatever happens in any part of the country affects the whole country. I think if the Executive Branch will do some explaining, they should do it before the entire Congress.”