Statement of Former Chief Negotiator Silvestre Afable on the Bangsamoro Leadership and Management Institute

I am glad President Aquino gave the MILF P5 million for the Bangsamoro Leadership and Management Institute (BMLI).

I was the Government’s chief negotiator with the MILF when, in 2006, we reached agreement (across the negotiating table in KL) to set up the BMLI. Secretary Jess Dureza was then the Presidential Adviser on the Peace Process. He may have just forgotten that event.

The BMLI is an offshoot of an earlier agreement (2001) to form the Bangsamoro Development Agency (BDA). At that time, the MILF wanted to try its hand at implementing its own development projects.

As the BDA grew, it needed more personnel who could receive, disburse and account for funds; and supervise incipient development teams. The BMLI was the envisioned training school for these personnel. We requested the Development Academy of the Philippines (DAP) to work on the basic curriculum and devote trainors to the project, which was done with enthusiasm and zeal.

Institutions such as the BDA and the BMLI must not be treated negatively, because these, alongside the ceasefire, provide the necessary climate for negotiations and stem the urge among fighters to shoot each other. One must be creative in offering alternatives to those who have been used to live by the gun.  

When the government and the MILF restored the ceasefire in 2001, we needed to follow up on two key items: first, to get in an International Monitoring Team to help make sure the truce holds; and create the basic institutions to re-channel the energies of MILF fighters-on-hold.

Confidence-building measures lie in the meat of any peace process anywhere in the world. While we seek a political solution in the peace talks, we try to safeguard the ceasefire like precious life itself, and carve out a positive direction for fighters-on-hold—who will hopefully trade their guns for ploughshares when a final settlement is reached. 

The MILF itself has tried its level best to abide by this negotiation-ceasefire-development model as a transitional mechanism to a final political settlement. Many Filipinos are cynical about this, but I appreciate the fact that President Aquino is not. 

SILVESTRE C. AFABLE JR.
Former GPH Chief Negotiator in Talks with the MILF
November 3, 2011

2 big elephants in the GPH-MILF peace negotiations

By Atty. Camilo ‘Bong’ Montesa

Dominant idea.

The parties can profit if both of them discuss the "dominant idea" that organizes their thinking on the matter. The dominant idea, of course, has been called a lot of names in the past, i.e. the big elephant in the room, the black sheep sibling whom nobody introduces to friends, the glass ceiling, the invisible line, etc.

The dominant idea is the idea, usually unexamined and uncritically accepted as a given, that organizes everyone's thinking and perception- how they characterize the problem and the solutions that they propose. The dominant idea is about how participants look at things.

What is the dominant idea for both the Government and the MILF? What is the idea that lies at the bottom of their proposals? The dominant idea is the same for both, albeit viewed from different perspectives: The 1987 Philippine Constitution.

The Government's big elephant: 1987 Philippine Constitution

For the Government (and it might be a good thing for them to lay bare their reasons one of these days), a peace agreement with the MILF is possible as long as it does not include amending the 1987 Philippine Constitution. The present Constitution provides the limits (as far as substance is concerned) of what they can offer the MILF. It is not hard to see this. The Eleven Characteristics of the Government Proposal is replete with allusions to said limits:

The proposal works with what is available and doable within the next few years.

The proposal shows government’s awareness of the extent of the legal and political powers of the President.  However, it is also a political document that is intended to cause public discussion that can support future debates, when it becomes necessary, in other constitutional forums such as the legislature and the courts.

This proposal takes this history into consideration but avoids simplification of the solutions for a complex and myriad problem.  The Autonomous Region for Muslim Mindanao (ARMM) may have been a failed experiment in the past; but the current proposal is based on a more balanced understanding of whether its past failure was due to its structure and the systems that it spawned or the quality of the past national or regional leadership.

More importantly, the silence or the lack of statement by the Philippine Government on the possibility of amending the 1987 Philippine Constitution, when such has been a central issue of the negotiations for the past 14 years, is most eloquent proof that the 1987 Philippine Constitution (or making sure that there is no talk of amending it) is a dominant idea.

The Philippine Constitution is the big elephant in Government's thinking. Reading theEleven Characteristics, one gets the sense that everything is being done in good faith to respond to the aspirations of the MILF as long as it is, in substance, within the 1987 Philippine Constitution. In fact, there seems to be lack of opening even in the possibilityof charter change.

The MILF's big elephant: The 1987 Philippine Constitution

For the MILF, an essential element of any future agreement should include amending the 1987 Philippine Constitution. This has been a consistent message since the beginning. The MILF have rejected from the start any and all Government proposal that seeks to implement only what is allowed by present laws or by the 1987 Philippine Constitution, including an enhanced and better functioning ARMM. The succession of Chief Negotiators can attest to this consistency: Dureza, Ermita, Afable, Garcia, and Seguis.

The 11 General Features of the MILF Comprehensive Compact Draft is also replete with proof that they are looking at nothing short of an arrangement that necessarily implies amending the 1987 Philippine Constitution:

The MILF proposal provides for an “asymmetrical state-substate relationships, wherein powers of the central government and state government are clearly stated, aside from those powers they jointly exercise, which are also defined in this draft.

It is a formula of peace through the exhaustion of all democratic remedies to solve a home-grown sovereignty-based conflict, which, following the same approach, other similar global sovereignty-based conflicts have also been successfully resolved, such as in South Sudan and Northern Ireland.

It is a proposal to correct and solve the one-sidedness or imbalance of totality of relationship between Filipinos and Moros, the former continue to be rulers and sole decision-makers, while the latter as mere second class citizens without any role in national decision-making.

The Two Elephants: Constitution and Independence

Actually there were two big elephants in the room when the negotiations started and these two blocked the negotiations. Negotiations could not even start at all with those 2 big elephants present in the room.  Thus, the need to park first the 2 big elephants in order for negotiations to begin. The 2 big elephants were: the 1987 Philippine Constitution and Independence.

Both parties agreed, for purposes of peace talks, not mention the two big elephants so that negotiations can begin. And negotiations did begin, flourished and progressed. But I guess since the negotiations is nearing its completion and the discussion is now on the substantive matters, the parties need to revisit the 2 big elephants.

To be fair, the MILF has already dealt with the big elephant called Independence and in its place, aspires for the highest form of autonomy under Philippine citizenship. The question now is what to do with the other elephant called 1987 Philippine Constitution? We cannot continue to ignore it. (Atty. Camilo ‘Bong’ Montesa is a former member of the GPH Peace Panel.)

Aquino declares August 30, 2011 as holiday in observance of Eid el-Fitr

President Benigno S. Aquino III declared August 30, 2011 as a regular holiday throughout the Philippines in observance of the Eid el-Fitr (Feast of Ramadhan) “to bring the religious and cultural significance of the Eid’l Fitr to the fore of national consciousness.”

Here is the text of Proclamation No. 234, s. 2011 dated August 11, 2011.

Proclamation No. 234, s. 2011

MALACAÑAN PALACE

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO.  234

DECLARING TUESDAY, 30 AUGUST 2011, AS A REGULAR HOLIDAY THROUGHOUT THE COUNTRY IN OBSERVANCE OF EID’L FITR (FEAST OF RAMADHAN)

WHEREAS, Republic Act No. 9177 declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country;

WHEREAS, Eid’l Fitr is celebrated by the Muslim World for three (3) days after the end of the month of fasting;

WHEREAS, to promote cultural understanding and integration, the entire Filipino nation should have the full opportunity to join their Muslim brothers and sisters in the observance and celebration of Eid’l Fitr;

WHEREAS, in order to bring the religious and cultural significance of the Eid’l Fitr to the fore of national consciousness, it is necessary to declare Tuesday, 30 August 2011, as a regular holiday throughout the country.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare Tuesday, 30 August 2011, as a regular holiday throughout the country in observance of Eid’l Fitr (Feast of Ramadhan). The Eid’l Fitr prayer shall depend on the result of the Niyata or moon-sighting activity on the 29^th day of Ramadhan 1432H, corresponding to 29 August 2011.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 11^th day of August, in the year of Our Lord, Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary

It's a holiday.

Hello. I'm now back into blogging once again.

Defense official unceremoniously sacked

By Anthony Vargas (DateLine Philippines)

MANILA, Philippines – A senior official of the Department of National Department (DND) was sacked from his post early this month for still unknown reasons, dateline.ph learned on Tuesday.

Ariston delos Reyes, a retired navy vice-admiral, was sacked last March 9 from his post as the defense department’s undersecretary for internal affairs without citing any reason.

Delos Reyes said that he had received a letter from Executive Secretary Leandro Mendoza informing him that his duty as undersecretary in the defense department has been recalled.

Delos Reyes added that he reported two days later to Mendoza’s office and was told that he was being terminated from the defense department due to some government re-organization.

“I reported to the executive secretary who informed me that due to reorganization, my designation was terminated,” delos Reyes said. “My termination was unceremonious, I had no forewarning,”

Delos Reyes, who was appointed to the department sometime in early 2006 after his retirement from the military service, said he felt no ‘frustration’ over his termination.

“I am not frustrated over it. It already happened, but I do hope that proper authorities would have acted on it so there will be due process,” delos Reyes said.
He declined to say if his being sacked from his post was a result of his move to initiate an investigation on two erring officials of the defense department said to have strong Malacañang connections.

“I am not saying that is the reason, what I am trying to say is the timing was bad and others might misconstrue it because of those things. I was removed. I don’t want to speculate,” delos Reyes said.

Sources from the defense department said delos Reyes might have been sacked from his post when he wrote a letter to the President asking for an investigation on two erring officials of the department.

Delos Reyes reportedly filed a complaint of dishonesty against another defense undersecretary who reportedly used his position to allow his son from the private sector to study for his master’s at government expense.

The said official allegedly signed a memorandum allowing his son to take his master’s at the National Defense College of the Philippines (NDCP) despite a lack of qualification or being underqualified.

Delos Reyes also initiated the filing of a complaint against another defense assistant secretary found to be keeping in his office assorted serviceable and unserviceable munitions.

The munitions were reportedly kept in his office despite the fact that the Defense assistant had been relieved some two years ago. (http://dateline.ph)

US Senate confirms new envoy to RP

By Dateline Philippines

MANILA, Philippines – The United States Senate has confirmed the appointment of Harry K. Thomas as the next American ambassador to the Philippines, the US embassy in Manila said.

The embassy said the Senate confirmation is required by the US Constitution.
Thomas, who has been learning Tagalog, is expected to arrive in the Philippines within the coming weeks, the embassy said.

A New Yorker, Thomas is a career member of the Senior Foreign Service and served most recently as Director General of the Foreign Service and Director, Human Resources.

He previously served as a Special Assistant to the Secretary and Executive Secretary of the Department.

Thomas joined the Foreign Service in 1984 and served as U.S. Ambassador to Bangladesh from 2003 to 2005.

He also served in the White House as Director for South Asia at the National Security Council from 2001 to 2002. His other postings include: New Delhi, India; Harare, Zimbabwe; Kaduna, Nigeria; and Lima, Peru. Ambassador Thomas speaks Spanish, Hindi, and Bangla and is learning Tagalog.

He is a graduate of the College of the Holy Cross and pursued further study at Columbia University.

PARTIAL LIST OF PARTY-LIST GROUPS AND THEIR

By TAHER G. SOLAIMAN

As of March 23, 2010, the following are the party-list groups that submitted their nominees to the Commission in Elections (Comelec):

1. Citizen’s Battle Against Corruption (Cibac)
1. Sherwin Tugna
2. Cinchona Cruz-Gonzales
3. Armi Jane Borje
4. Emil Galang
5. Carlos Muchada Jr.

Bangit no-show at AFP-PNP meet on election security

By Anthony Vargas (Dateline Philippines)

MANILA, Philippines – After his Monday walkout from a media interview in Fort Bonifacio, General Delfin Bangit, newly-appointed Armed Forces of the Philippines (AFP) chief, was a no show at a joint military and police conference on election security preparations held Tuesday in Camp Crame.

Director General Jesus Versoza, chief of the Philippine National Police (PNP), said the conference was one of the final steps in the security preparations for the May 10 synchronized local and national elections.

Except for Bangit, senior military officials that attended the conference included Lt. General Rodrigo Maclang, Military vice-chief of staff, and Major General Gaudencio Pangilinan, Military Operations chief.

Also present in the conference were Henrietta de Villa, former Ambassador to Vatican City and chairperson of the Parish Pastoral Council for Responsible Voting (PPCRV), and Lawyer Macur Marohombsar, legal division chief of the Department of Education (DepEd).

Lt. Colonel Arnulfo Marcelo Burgos, AFP chief public information officer, explained the absence of Bangit by saying the presence of the AFP chief is not highly needed in the joint police and military security meeting.

“His presence is not needed here… Our task force HOPE commander is Lt. General Maclang,” Burgos said.

Burgos also clarified that Bangit did not walk out from the media interview in Fort Bonifacio last Monday.

“There was no walkout, there was no press conference… And he is hurrying up for another meeting,” Burgos said.

Displeased over current issues hounding the military, Bangit lost his cool as members of the media were about to interview the AFP chief and ask him about his alleged rift with PNP Director General Jesus Versoza.

Bangit blurted out to the surprise of members of the media, “Pag may sinabi ako, masama ako, pag wala akong sinabi, masama pa rin ako” [Damned if I say something, damned if I don’t].

“My Public Information Officer will take care of everything,” Bangit added, looking very displeased. He walked away leaving a group of stunned reporters.

More “bogus” party-list groups exposed

By Dateline Philippines

MANILA, Philippines – Four days before the deadline, an indigenous peoples (IP) party-list group submitted Monday to the Commission on Elections (Comelec) its list of nominees while exposing another dubious rival.

The KATRIBU party-list bared the names of its five nominees, namely: Beverly Longid, Genasque Enriquez, Nelson Mallari, Karlen Fanagel, and Virgelio Aniceto.

“In submitting the names of our nominees ahead of the Comelec deadline, KATRIBU would like to set an example and challenge other party-list bets who claim to represent indigenous and Moro peoples to be transparent about their platforms and nominees,” said KATRIBU spokesperson Piya Malayao in a statement.

KATRIBU said that its first nominee, Longid, is a grassroots activist from Mountain Province, while second nominee, Enriquez, is a Manobo farmer from Surigao del Sur. The third nominee, Mallari, is an Aeta community organizer from Pampanga, while Fanagel is a a B’laan from Sarangani Province and Aniceto hails from the Ibaloi tribe in Benguet.

“It’s about time that the historically marginalized and neglected indigenous peoples in the country be heard in Congress with a voice of their own,” she added.

At the same time, Malayao exposed another list of government officials who are reportedly being invited to represent another indigenous peoples group.

Malayao said, “Two commissioners of the National Commission on Indigenous Peoples (NCIP), Eugenio Insigne and Jannette Serrano-Reisland, are reportedly the nominees of the Agapay Indigenous Peoples Rights Alliance (A-IPRA) and Partido ng Katutubong Pilipino, respectively.”

According to NCIP’s website, Insigne is the commissioner for the Cordillera Autonomous Region and Cagayan Valley Region (Region I). Serrano currently heads Central Mindanao (Region XII).

Last January, the Office of the Ombudsman filed administrative charges against Insigne and Serrano, among other NCIP commissioners that were held responsible for the awarding of Forbes Park forest reserved lots to private applicants. The Ombudsman charged Insigne and Serrano with grave misconduct and gross neglect of duty.

The administrative cases against the NCIP commissioners, filed by Baguio City Mayor Reinaldo Bautista, stemmed from the award of Forbes Park forest reserved lots to the heirs of Lauro Carantes.

The city government maintained the award was spurious considering that the contested land is considered a forest area and thus inalienable.

Also, KATRIBU said that another indigenous peoples party-list group, Abante Tribung Makabansa, has the backing of the government.

Malayao said Abante Tribung Makabansa was formed by the Mindanao Indigenous Peoples Conference for Peace and Development, whose council of advisers include Jesus Dureza, presidential adviser on Mindnao and chair of the newly-formed Mindanao Development Authority.

Other advisers are Energy secretary Angelo Reyes and Army Col. Allen Capuyan, KATRIBU said.

They added that Capuyan was a former head of the Intelligence Services of the Armed Forces of the Philippines (ISAFP) who figured in the controversial “Hello, Garci” wiretapped tape that confirmed massive cheating in the 2004 presidential elections.
Capuyan was purportedly one of the ISAFP’s men who ordered to wiretap the conversation between then Commissioner Virgilio Garcillano and President Gloria Macapagal-Arroyo.

“We fear that the Arroyo administration is capitalizing even on the marginalized condition of indigenous peoples by investing on certain party-lists. It is deplorable that many of the President’s appointees, let alone her relatives, are all over the party-list system,” Longid said.

Garcillano was also heard in the “Hello, Garci” discussing the fate of another indigenous group, Ang Laban ng Indiginong Filipino or ALIF.

On June 14, 2004, Garcillano replied to an unidetified caller and said that “ang mauna siguro iyong ALIF. Pero gusto ko masabay-sabay [We put ALIF first. But I want it all at the same time].” Other party-list groups questioned the seeming favorable treatment of the poll body to the said group, which was proclaimed ahead of other winning groups.

About 187 party-list groups accredited for the May 10 polls will be competing for the 52 congressional seats, or a fifth of the House seats, duly reserved for them by the 1987 Constitution.

The numbers doubled compared to some 90 party-list groups that ran in the 2007 elections. About 60 party-list groups were accredited for the 2004 general elections.

Hedcor welcomes Duterte’s move to amend city’s Watershed Code

Hedcor this week breathed a sigh of relief following the pronouncement of Davao City mayor Rodrigo Duterte that he will ask the City Council for the amendment of the city’s Watershed Code that could mark the end of the protracted deadlock between Hedcor and the Davao City Water District for the use of the Tamugan River.

The Watershed Code of Davao City prohibits the erection of any structure within the watershed areas of the city.

"We welcome the positive reaction to the new scheme we submitted a few weeks ago. Considering the finite water sources of the City, multi-use of the Tamugan River would be the most beneficial way forward for Davao City's consumers. We are aware of the Watershed Code of Davao and are confident both our projects will comply with its requirements,” Hedcor President and Chief Operating Officer Rene B. Ronquillo said in a statement.

Duterte ordered Hedcor and DCWD during the last Friday's meeting of the Davao City Peace and Order Council to “come into terms by March 20” and pledged to convince the Davao City Council for the immediate amendment of the city’s Watershed Code.

Hedcor wanted to harness the Tamugan River for its proposed Tamugan Hydropower Project while the water firm wanted to tap it as its surface water source.

For four years, Hedcor has been constantly communicating with DCWD towards a solution addressing their concerns. The goal is co-existence of the two projects: providing Davao City with potable water supply, and clean and renewable energy. Such win-win approach spells multiple benefits for the surrounding communities, and local and national governments.

To propel the city’s continued progress, Davao City can have both development projects: DCWD’s Surface Water Project and Hedcor’s Tamugan Hydropower Project.

Davao City need not choose between potable water or clean and renewable energy. The goal is not an either-or, because Dabawenyos can have both.

The proposal of Hedcor to co-exist with DCWD’s Surface Water Project consists of one hydropower plant located downstream of DCWD’s proposed infiltration gallery. (Karen Padawag, Corporate Communications, Hedor)

2009 Country Reports on Human Rights Practices - Philippines

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