Philippines seeks help of UK and Sweden in peace talks with MILF

Gloria needs all the help she can get. Unless things start to cool down a bit on the ground any peace talks may be a bit premature. No doubt the MILF will not agree to start laying down their arms until they have an agreement they can live with and that may be some time if it is even possible at the present juncture.


Gloria seeks help of UK,Sweden in peace talks
BY JOCELYN MONTEMAYOR
PRESIDENT Arroyo is seeking the help of Sweden and the United Kingdom in the peace talks with the Moro Islamic Liberation Front.
Brunei is also offering scholarships for MILF members and their families to enable them to "learn to moderate Islam," Arroyo said in an informal interaction with media Monday night at the Well Being Spa at the Clark Freeport Zone.
Arroyo cited the experiences of former British Prime Minister Tony Blair in talks with Northern Ireland.
"Actually Blair is willing to come to help us because he (played) a very strong part in the negotiations of Northern Ireland, although Sweden is helping us on the DDR side," she said.
She said Sweden in 2005 came up with the Stockholm Initiative on Disarmament, Demobilization and Reintegration (DDR) which aims to "contribute to a secure and stable environment in which an overall peace process and transition can be sustained."
The President said an invitation to Blair, whom she met during her visit to London in December 2007, has yet to be sent.
Peace talks with the MILF were disrupted this month by major attacks launched by rebel commanders in several parts of Mindanao, including Lanao del Norte and North Cotabato.
A memorandum of agreement on ancestral domain with the MILF, seen as a major breakthrough in the talks, was to be signed August 5 but the Supreme Court issued a temporary restraining order based on petitions questioning the constitutionality of the MOA.
Arroyo said the MILF attacks, which included atrocities against civilians, led to a change in the basic premise of the peace efforts. She said the government is now focusing the talks "from armed groups to the community" through public consultations.
Arroyo clarified she is not setting the disarming of MILF members as a precondition to the peace talks. But, she said, she wants the government and MILF panels to start tackling the DDR, particularly the disarmament aspect, when negotiations resume.
"It’s not a precondition, but part of the outcome of the talks. Part of the comprehensive agreement," she said.
Senate President Manuel Villar urged government to advance the internal revenue allotment funds of towns badly affected by hostilities in Mindanao.
"Towns, cities and provinces hit by MILF attacks are being saddled by unforeseen expenses caused by unforeseen events," he said.
Villar said towns need money to "care for the wounded, aid the displaced, bury the dead, rebuild homes, heal psychological wounds, construct damaged public infrastructure and other things needed to make things normal again."
For starters, he said the national government can release part of the P2-billion calamity fund to areas hit "by this man-made calamity."
This can be complemented by funds to be taken from the P800 million contingent fund, which is under the discretion of the President to release, he said. – With Dennis Gadil

Philippines:Agreement with MILF unconstitutional?

THis is from Malaya.
There are so many objections to this agreement from the courts and many citizens and politicians that it seems as if it is doomed not to be implemented. This in turn may result in increased conflict as MILF may see no hope in negotiations at the present time. The U.S. seems to be involved in all this behind the scenes. I doubt the U.S. would want independence for the area included under the agreement. It seems unlikely that the area would be favorably inclined to grant the U.S. a military base but then you never know. The region is quite poor on the whole.


'Clear Charter violations'SC hearing finds wholesale infirmities in pact
BY JP LOPEZ
ASSOCIATE Justice Antonio Carpio yesterday said several provisions of the Constitution were violated in the memorandum of agreement on ancestral domain that the government was supposed to sign with the Moro Islamic Liberation Front last week.
At the start of the oral arguments at the Supreme Court, Carpio said the expansion of the Autonomous Region for Muslim Mindanao with the creation on Bangsamoro Juridical Entity, as proposed in the MOA, does not take into consideration the existence of tribal groups in the area other than the Moro people.
The tribunal is hearing the arguments on the petitions of North Cotabato and Zamboanga and Iligan cities which are opposing their inclusion in the expanded ARMM.
On North Cotabato's petition, the high court last week issued a temporary restraining order, aborting the MOA signing scheduled August 5 in Kuala Lumpur.
Motions for intervention were also filed by Sen. Mar Roxas, former Senate President Franklin Drilon and United Opposition spokesman Adel Tamano.
Carpio said tribal groups, particularly Lumads, were not consulted on whether they want to be included in the BJE.
The MOA proposes the inclusion of 712 barangays from the non-ARMM provinces of Lanao del Norte, North Cotabato, Sultan Kudarat, Zamboanga Sibugay and Palawan.
The ARMM is composed of Maguindanao, Tawi-Tawi, Basilan, Lanao del Sur, Sulu and Shariff Kabunsuan.
A plebiscite will be held next year in these barangays as proposed in the MOA.
Carpio said the MOA also violated the Constitution in a provision which states that the BJE would maintain its own security force. He said the Constitution provides for a single police force, national in nature and civilian in character.
The national police, he added, should be under the National Police Commission and not any other entity.
Carpio said another violation is that the MOA did not commit the legislative to approve the agreement to pave the way for a plebiscite if it is brought to Congress.
A provision calling for the creation of a separate justice system for the BJE is likewise a clear violation of the Constitution. Carpio said under the Constitution, the country must have a unitary justice system headed by the Supreme Court.
On the plebiscite, Carpio said it encroaches into the power of the legislature to schedule a plebiscite to decide on such issues.
Carpio said the BJE cannot have its own electoral body because the Commission on Elections is the only authorized electoral body.
NO SECESSION
Supreme Court Chief Justice Reynato Puno rejected the creation of a separate state in Mindanao, saying the Constitution does not allow secession but only autonomy.
"The most that can be done is autonomy. It should be done within the framework of the Constitution, national sovereignty and territorial integrity of the Republic of the Philippines," he said.
CONSTITUTIONALITY ISSUE
Drilon said he was compelled to raise the constitutionality of the MOA because the earlier petitions raised only the issue of "non-consultation with the public."
"This was understandable because when the North Cotabato officials filed their petition, they were not yet given a copy of the MOA. Thus, their lawyers were unable to question the unconstitutionality of its provisions," Drilon said.
Unless permanently barred by the court, Drilon and Tamano said the members of the GRP panel would be acting "beyond their constitutional authority and jurisdiction and represents a grave abuse of discretion amounting to a lack of jurisdiction."
Drilon and Tamano said their interest in the case was material and direct. "The MOA is blatantly injurious to intervenors who are citizens of the Republic of the Philippines, eroding, as it does, the national sovereignty and territorial integrity of the Philippine state," the petition said.
"The peace panel exercised powers beyond its constitutional authority, effectively ceding the entire Muslim-Palawan-Sulu geographical territory to the MILF and creating within that region a state separate and distinct from the Republic."
DUE PROCESS
Earlier in the day, the tribunal dismissed a petition of Solicitor General Agnes Devanadera to defer the oral arguments.
Devanadera said the government motion was a request for "due process."
In an interview before the hearing, Devanadera said, "The reason for the request was that there were interventions filed . and we were not even asked to file comments. that is part of due process . we shouldn't be going to court unless we have inputs."
Devanadera said they needed more time to answer all the petitioners and coordinate with the government peace panel.
FLAWED MOA
Roxas welcomed the high court decision to proceed, saying there is a need to resume the oral arguments so that the court can determine the constitutionality of the agreement.
"The MOA-AD is flawed in the process just as it is flawed in its provisions. What was lost in the process was an appreciation for legitimacy in a democracy that stems from winning consensus, including the consent of the governed," he said.
"The MOA violates many provisions of the Constitution, which strangely enough the memorandum never mentions by name," he added.
Roxas also alleged that the government could be trying to "cover up" something in the MOA. "It's impossible that government lawyers won't be able to answer questions about the MOA since they prepared it," he said.
The Supreme Court adjourned the hearing past 5 p.m. and scheduled a second hearing for oral arguments on August 22.
DELAYING TACTICS
Roxas said it was clear that the government legal panel headed by Devanadera could not provide a clear explanation for the actions of the GRP panel that negotiated the MOA.
"In creating this MOA, the peace panel knew the people wouldn't accept the agreement if consultations were held. In the same way, they know they would be unable to argue their case in the Supreme Court, hence the resort to delaying tactics. Dalawa lang ang isyu dito: ang kakulangan ng konsultasyon, at constitutionality," he said.
Senate majority leader Francis Pangilinan pushed for the renegotiation of agreement.
"THE MOA should not be forced down our throats. The credibility of this peace pact is now highly suspect with Malacañang pressing for Cha-cha along with it, and the flawed, exclusive process undertaken to have the agreement," he said.
CHARTER CIRCUMVENTED
Roxas said the business sector has added its voice to the millions of Filipinos who are opposing the controversial agreement.
He said the Makati Business Club in a statement summed up how the government peace panel has disregarded the people's interests and circumvented the Constitution.
The MBC statement said it opposing the MOA "because it is flawed in the process just as it is flawed in its provisions."
"What was lost in the process was any appreciation for legitimacy in a democracy that stems from winning consensus, including the consent of the governed. Many, if not all, of its provisions violate the Constitution, which strangely enough the Memorandum never mentions by name ."
The MBC also said the MOA "will result in a diminution of Philippine sovereignty as it empowers its juridical creation to enter into economic agreements and trade relations with foreign countries, to open trade missions abroad, and to participate in meetings of the ASEAN and UN specialized agencies where only sovereign states take part."
MINDANAO INDEPENDENCE
US Ambassador Kristie Kenney said the US does not believe that independence for Mindanao is appropriate.
At the 45th founding anniversary of the National Defense College of the Philippines at Club Filipino in San Juan, she said a lasting peace agreement would "be a good deterrent to terrorism, good for security and would help spur economic development in Mindanao."
On questions about her presence in Kuala Lumpur for the MOA signing, Kenney said, "I was invited as a member of the diplomatic corps of the Philippines."
She called "pure speculations' reports that the US plans to build military bases in Mindanao, the reason for its strong support for the peace process.
"I have a very honest answer, no. We do not have plans to have military bases in the Philippines, not in Mindanao, not anywhere," she said. - With Ashzel Hachero

MILF told to pull back from area in North Cotabato

This is from Malaya. Barangays are local areas somewhat like counties in the U.S. or townships in Canada. Issues involving the MILF (Moro Islamic Liberation Front) aren't solved yet even though it seems as if there is a general agreement and a ceasefire seems to be holding more or less.

MILF told: Pull back in 24 hours or else.14 barangays occupied by 800-man rebel band
BY RAYMOND AFRICA
INTERIOR Secretary Ronaldo Puno yesterday gave the Moro Islamic Liberation Front up to 10 a.m. today to vacate areas it has occupied in North Cotabato, on pain of an all-out offensive.
Puno said reports reaching his office showed some 800 MILF members under one Commander Umbrahato of the MILF's 105th Base Command have taken over 14 barangays in five towns since July 1.
Puno clarified that the 24-hour ultimatum was not a declaration of war but a "declaration of the rule of law."
He said the rebels also torched nearly 100 houses, looted farms and stole cattle and other livestock. Their actions forced hundreds of farmers from nearby areas to arm themselves, Puno said.
The MILF said the reports have to be verified. If proven true, the rebels should leave, said Ghadzali Jaafar, MILF vice chairman for political affairs.
North Cotabato Vice Gov. Manny Piñol said the MILF has long taken control of at least three communities in his province and had even taken hostage 20 government personnel, seven of them soldiers. He also said MILF attacks have been escalating in the past three weeks.
Puno said the areas occupied by the MILF are not included among at least 700 barangays to be covered by a proposed expanded Autonomous Region in Muslim Mindanao.
These are barangays Bago-Libas, Dungguan, Dulaing, and Panganan in Aleosan town; Central Labas, Patindigan, Upper Labas, Lagumbingan, Rangaban, and Baliki in Midsayap; Cabpangi in Pigkawayan; Gayunga in Northern Kabuntulan; and Cabpangi and Gumagun in Libungan.
Puno said 1,596 families composed of 6,547 individuals were displaced in Midsayap, 907 families in Aleosan, 2,611 families in Dualing, and 2,806 in Pagangan.
Puno said the decision to give the MILF an ultimatum followed a meeting Wednesday night with the National Security Council.
He instructed PNP chief Avelino Razon Jr. to deploy three battalions (about 900 men) from the PNP Special Action Force to enforce the law in the area.
The SAF contingent, which will be backed by soldiers, was tasked to disarm some 400 civilian military volunteers who were seen roaming in barangays of Aleosan carrying firearms and have reportedly occupied Muslim communities.
"This contingent of the PNP will lead the clearing of these barangays that have been forcibly occupied (by the MILF) and enforce the rules and the laws on the carrying of firearms by CVOs (civilian volunteer organizations)," he said.
Puno said the government views the incident as "plain lawlessness since there is no justification for taking arms."
"The main purpose of this exercise is to allow them (displaced residents) to return to their residences and resume their normal lives," he said.
NO FORCES
Jaafar said the MILF has no forces to withdraw from the areas. He said MILF men have long been deployed in the areas that were supposedly forcibly occupied by the secessionist group.
"Hindi incursion yun dahil matagal na sila diyan," he said, adding an impartial investigation will clear the matter.
He said if additional MILF men went to those areas, the MILF will withdraw them. "We respect the cease-fire agreement as we have been explaining to everybody."
"Yung MILF na hindi dapat nandun, yun ang aalis kung meron. Pero I doubt kung meron. Ang MILF na nandiyan ay dati nang nandiyan, yung mga local na MILF," he said.
"Ang ibig sabihin kung may pumunta diyan at pumwesto dun sa lugar na hindi nila dati puwesto, kung meron, e dapat i-withdraw yun and we will comply," he added.
Jaafar said the MILF does not see the ultimatum as a form of harassment. He noted Puno's order was for the disarming of the civilian volunteers.
Eid Kabalu, MILF spokesman, said: "We only know of one town where there was fighting last month, so we can't really say our forces forcibly occupied several villages in three to five towns in North Cotabato."
CO-EXISTENCE
North Cotabato Gov. Jesus Sacdalan said the local government had been "co-existing" with the MILF until the arrival of the 105th Base Command under Umbrahato. He said at least three women have died in atrocities committed by Umbrahato's men.
Sacdalan also said they are surprised as to why the MILF has been occupying the communities when the MOA has not been signed.
"Wala pa nga yung BJE, ito na umaarte na itong militant na MILF. Actually yung mga MILF na nandito, yung mga nagha-harass sa amin, nanununog ng bahay, nagnanakaw ng hayop at hina-harvest yung mga palay ng Kristyano at mga local na mga Muslims ay hindi taga rito. Taga kung saan saan galing," he said.
Sacdalan, Piñol and other officials are opposing the inclusion of their province in the expanded ARMM, to be called the Bangsamoro Juridical Entity.
On Monday, the Supreme Court granted their petition for a temporary restraining order on the signing of a memorandum of agreement on ancestral domain with the MILF. The signing had been set for the next day in Kuala Lumpur. The MOA, among others, would expand the ARMM through at least 700 barangays in the non-ARMM provinces. Zamboanga City has filed a similar petition with the tribunal.
'NORMAL MOVEMENT'
Warnings about the outbreak of clashes between the MILF and government forces have been aired following the aborted MOA signing. The MILF has said it considers the MOA a done deal.
Piñol said Hermogenes Esperon, presidential adviser on the peace process, was aware of the MILF attacks in two barangays as early as last June.
He said he told Esperon there was a movement by the MILF in Aleosan and Pikit areas before he left for the US late June "and all they told me it's just a normal movement of the MILF, there's nothing to worry about."
"When I was already in the US, I was informed that the group of Ameril Umbrakatu (Umbrahato), parang fundamentalist group ng MILF under Ustadz Jamir Salamat, 'yung kapatid ni Hashim Salamat, attacked Barangay Dungguan in Aleosan and Barangay Baliki, these are neighboring barangays," he told a forum at the Senate.
COTABATO OUTRAGED
Piñol said the attacks even resulted in the hostage-taking of 13 paramilitary personnel and seven soldiers by the MILF.
He said the whole of North Cotabato is outraged that such attacks happened right under the noses of the military.
"Can you imagine allowing the MILF to encircle 20 of your men? Can you imagine what self-respecting government would do this, would allow this?" Piñol said.
Armed Forces chief Gen. Alexander Yano, who was in North Cotabato yesterday, said hostilities could break out if the rebels refuse to leave the communities they have forcibly occupied.
But he expressed optimism the rebels would withdraw in line with the cease-fire agreement forged in 2004 and in deference to the ongoing peace negotiations between the government and the MILF.
"The lands owned and tilled by some of our settlers here are forcibly occupied allegedly by MILF elements so because of that the settlers forcibly left. We will enforce the law by evicting this people so that we can bring back the lawful and rightful owners of those lands," he said.