The White Handkerchief

Short Story

Maugan P. Mosaid, Ph.D.

I was raised in the remotest barrio I can imagine and consider that was circa 1960s. I recall that a team of government workers would often surprise us with their house to house spraying of DDT because malaria was rampant in almost everywhere. That was the time when the forest and cogonal grassland were just nearby. My mother would ask from them a handful of DDT in exchange for a half-dozen eggs that were just taken from the corner. My father used this DDT to spray our tobacco farm because it was found out to be very effective against all kinds of insects, both harmful and useful. Nobody would tell us then that DDT was not ideal for such use because of its harmful effect even to humans when inhaled directly.

Our house was just a box-type enclosure of carefully woven coconut leaves from the walls to the roof and what could be a better flooring than Mother earth herself. I enjoyed running around and playing with children of my age in the neighborhood. Speaking of neighbors, the nearest house is more or less 300 meters away. And so if there were more than ten of us playmates, you would imagine that we came from places within a span of more or less 3 square kilometers.

It was not until 1970s that the Muslims of Mindanao learned to live in clusters in the barrios. We were just happy carefree children who run around without a slipper and most of the time in one piece clothing. At the end of the day, nobody would tell us to wash or clean ourselves before going to sleep. Such was simple living at its simplest. I never heard about toothbrush, toothpaste, bath soap, much more, perfume. All I know was that was the best part of the earth for me. What was simply innocence that time is already the worst form of ignorance to children of today. But I love my innocence. I beg to disagree if you would call that ignorance. Anyway, I know everything that comes to my senses that time. The only thing I cannot imagine was going to school because I have no knowledge of how far was the nearest school.

Then finally a primary school was opened in my barrio in 1960. Next to the Mosque, it was the most beautiful building made of woven bamboo slacks for its walls and galvanized iron for its roof. Inside were wooden benches attached to one another. When one of us is restlessly naughty, the whole group is affected. I recall that I was just barely qualified to enroll in grade one because I could hardly reach my left ear using my right hand extended over my head. (I found out many years later, using the same technique to my son, that it was a reliable way of determining a child’s schooling age). They say that I was the brightest pupil in grade one. By the middle of the year I was promoted to grade two because I can read with understanding the English textbook Pepe and Pilar. And so, I graduated from the primary school in only three years. Yes, there was a primary graduation that time.

After primary graduation, my parents enrolled me to the public central elementary school in the poblacion. For the first time, I saw the so-called outside civilization where houses were so close to one other. I have tasted a cold sweet tasting bottled liquid which they call lemonade. Everything was so new to me. I thought from the first day of class that I will be out of place as I imagined that most of them were brighter than me. By the end of the year, I was among the top five in class, modesty aside. I long to go home during weekends because I miss my playmates and the fresh barrio breeze. I had to hike about four kilometers from the last point where the jeep could bring us from the poblacion to reach our barrio. But I realize that I was luckier than my playmates for having enrolled further into the elementary grades.

Months and years passed and everything around me seems to be moving and changing fast. I was also learning fast to adapt to the so-called civilization. When I was in first year high school in a private sectarian school I could enroll on my own. I don’t want my mother to go with me everytime I enroll. I wanted to prove to her that I was maturing fast to adolescence. And so I believe that I could already manage to do things on my own. I felt that I was already a young man even in my third year in high school. I had learned to feel ‘crush’ everytime I see my beautiful girl. I wanted to court her but I had a problem. I feared the moment that she would turn me down because I was a Moro. I also feared the day that my mother would know that I was courting a ‘kafir ’ (infidel, as they call a non-Muslim) because it was taboo that time. Until late 1960s, marriage between individuals of different religious affiliations was not tolerated by the Muslim culture in our place.

But I was seriously falling for my beautiful girl. And so I wanted to test the waters, so to speak. I wanted to find out her initial reactions. I gathered all the energy that I could muster but my knees would tremble and no words would come out of my mouth. This must be the real love at first sight! After several attempts, it was all the same. There was only one thing that I was progressing through in terms of level of confidence and that I was beginning to feel that the feeling was mutual. She would no longer turn down my invitations for snacks at the canteen. And so we were talking to each other on topics of mutual interest except ‘love’.

Finally, I said the words and expressed how much I love her and she turned around without saying anything. Until we went out of the refreshment parlor she refused to say a word and would not look at me. I must have offended her, so I thought. I don’t want to ask for forgiveness neither would I follow up what I said earlier. Maybe it was just good that I had expressed what I feel for her. Maybe time will decide in my favor. In school, she would try everything to avoid me. I wanted to look at her; she’s the apple of my eyes. I would try anything to corner her until I did finally cornered her. Without much ado, I asked for forgiveness and went back to my old trick to regain her confidence. Several months passed and I was steadfast at winning her heart. “There is no rocky hill to a man with an iron will”. These words from an old sage were all I need to keep me going.

True enough, time was on my side. In our fourth year in high school, it was different altogether. Did the summer vacation made us long for each other? May be so. At last, my diligence finally paid for me. Several weeks before graduation, I heard from her what I had always longed for - a verbal confirmation that the feeling of love was mutual. And so I heard the sweetest words: “yes, I love you too!” What a beautiful world it was for the two of us.

And then, it was graduation day. More than the apprehension that her parents and mine would know about our relationship, and the consequences that would follow, the fear of being separated from each other was a dreadful scenario I would not even dare to imagine. She knew that I could not continue to college and I knew that she would be studying in Manila.

The following day, immediately after graduation, I looked for her. I gathered all the guts I could muster to go to their house. That was the only place I would certainly find her. And so I went to their house and she met me at the gate. We agreed not to mention anything about our relationship so her parents would not sense anything. We were cracking jokes so we would feel happy and comfortable but the fear of being separated was enormous. What else can we do? Finally, we agreed to give each other small tokens that would keep us reminded of each other. We agreed to exchange white handkerchiefs.

In school white handkerchief was a must for every student. It was checked every morning during flag ceremony. We were together the whole day and really enjoyed each other’s company. As the sun was setting, she begged that I would dine with them in the house, which her mother duly seconded. I had already lunched with them and I felt that it was already too much to stay until dinnertime. And so I begged off to just go, saying, that I still had to go home to the barrio, even if I knew that it was no longer possible. The last jeep must have left at 5:00 p.m. We promised to write each other – something that I would deligently check at the Post Office on market days (Thursdays).

In the beginning, we used to exchange letters. She was doing good in her studies in Manila while I was back to my old ways in the barrio: playing with playmates, pasturing the work animals, gathering firewood and helping in our tobacco and corn farms.

Months and years passed and this time, I would no longer received letters from her. In short, our communication was cut. I deserved this, I sighed to myself. I was not going to school; there are boys in Manila who are certainly more good-looking (and good smelling too!); what will she get from me?

Then the armed conflict erupted in Central Mindanao in the early 1970s and the Moro National Liberation Front (MNLF) was actively recruiting young and able-bodied boys to join its armed forces. For six years, I had my stint with the MNLF, not because it was my choice, but because I had no choice. My barrio was a favorite battleground between the government and MNLF forces. In 1976 the Tripoli Agreement was signed between the government and the MNLF. For a time there was a lull in the fighting as the formal ceasefire agreement was implemented on the ground several months after.

I felt that this time was a golden opportunity for me to enroll in college but it was not until three years later that I was able to go to college. I asked for some money from my mother so I could finally enroll. She said that she didn’t have any but there was money being saved for the hospitalization of my younger sister. She was having on-and-off fever for several weeks already. I asked my younger sister if I could take two hundred pesos from her savings so I could go and enroll. As a younger sister, she acceded to my request.

I enrolled in the nearest state university where I could possibly be taken as a ‘grant-in-aid’ scholar, a special program of the University for poor and deserving students from the cultural minorities. Three days after, I went back home to see my sick sister. From a distance, as I was approaching the house, I saw an unusual number of people gathered. My God, my sister just died. Oh, I can’t forgive myself. That two hundred pesos I had taken from her savings; maybe that was the reason why she was not brought to the doctor; maybe, that was the reason why she died. I refuse to imagine anything; I felt that I was just slowly melting from where I stood. I entered the house and they were looking for a white piece of cloth. It was the practice to cover the dead person’s face with a white piece of cloth; I remembered the white handkerchief. Oh, what small thing I can do but I was willing to do anything for my sister.

After the seventh day of my sister’s wake, I went back to school. I took up a five-year engineering course. I never imagined anything that would come my way, no matter how hard it was. I only knew that I have to graduate someday. Believe it or not, there were times that I was skipping meals but I don’t want to get affected. “There is no rocky hill to a man with an iron will!”. Finally, after five years, I graduated with the degree of Bachelor of Science in Agricultural Engineering.

This time, I was not thinking seriously about my ‘beautiful girl’ anymore. I still had the white handkerchief with me, though, it was no longer the usual white that it was before. In the year 2000, the first grand alumni homecoming in the high school where we graduated from was held. The first person I was expecting to see was my ‘beautiful girl’, my high school sweetheart. I really came earlier to check on everyone arriving to make sure that I would not miss her. The thrill of seeing each other after a long, long time is still there but this time it was more for curiosity’s sake. I was already almost twenty years married at this time and I was sure that she must have married also.

Many had already arrived but she was not one of them. Not being able to hold anymore, I asked our classmates. One of them said, “you still did not know that Erlinda died of leukemia a few years back?” “My God, everything in this world will certainly have its own ending,” I murmured. But why should death occur even at the wrong time. My hands slowly drifted inside my pocket to reach out for the white handkerchief. It was already having some stain but to me it was still so white as in the intention that was associated with it was so pure.

For the second time, I felt that I was melting down but I managed to keep my calm. I was unanimously chosen as the Guest Speaker from our batch. I was the next speaker and so I had to keep my composure. After my speech my classmates told me that my speech was so passionate and eloquently personal. Believe it or not, you have just read the rehash of my speech. I would love to tell everyone my real-life experience because to me it was so powerfully inspiring to people who are about to lost hope in everything they had wished for. Not in the case of someone with an iron will and enduring faith in God.

Several months later, I was called up by my brother and told me that our mother was sick. This time, I was already head of a government office. Having little extra resources, I lost not time fetching my mother. I don’t want her to miss the doctor due to my imprudence. On the way, my brother had reminded me several times that I was driving fast. We reached the hospital in due time and I was informed by the doctor that she has hypertension. There was no cause for alarm for as long as medication is maintained. I asked the doctor if we could continue the medication at home. I had a niece who just graduated from a nursing course. I asked her to delay her plan of going abroad so she could keep watch of my mother as all the children were going to school and my wife and I are working with the government. After two months, my niece finally went to work abroad as my mother was already doing well. It was then that I traveled often as required by my job.

One evening, after arriving from Cebu City, my mother requested that we have dinner together. I acceded to her request. After eating, I told her to go to sleep ahead of me as I would be watching TV. She politely acceded. After a few minutes she complained of an intense abdominal pain. I took her to my lap. She stared at me as if she was laboring hard. After few minutes, she had one final look at me as if saying, “probably, this is my last breath”. Indeed, it was. My God, how can I believe that my mother would die when she was declared fine by the doctor. As I felt like I was melting down again, I had only fervently prayed in silence. “My Lord, at last I had one final noble use for the white handkerchief; but this time, it shall rest with my mother; I had enough of its memories; please take care of all the people I have loved and whose memories were directly associated with the white handkerchief, amen.”

Some Options to Overcome the Impasse

On the stalled GRP-MILF negotiation:

SOME OPTIONS TO OVERCOME THE IMPASSE

Maugan Buat Mosaid, Ph.D.


Brief Background

After the Government of the Republic of the Philippines (GRP) signed the Final Peace Agreement with the Moro National Liberation Front (MNLF) on September 2, 1996, the next best and most logical thing to do is to negotiate peace with the Moro Islamic Liberation Front (MILF). With following and military capabilities more or less equal that of the MNLF, the GRP may have realized that its task of peace-building is never complete if there remains of the Bangsamoro a restless force that has not come to settle peace with the government.

And so on August 3, 1996 Executive Secretary Ruben Torres met MILF Vice Chairman for Political Affairs Ghadzali Jaafar in Davao and relayed the government’s desire to enter into formal negotiations with the MILF. This was followed by the meeting of the GRP and MILF Technical Committees on January 7, 1997 which marked the start of formal negotiations between the two parties. Subsequent meetings, mostly at the technical level, followed.

The MILF originally proposed nine talking points which were later clustered into six talking points. When the GRP and MILF panels met in Tripoli, Libya in June 2001, this was fine-tuned to three aspects that served as the main agenda for the peace talks. These are: 1) Security, 2) Rehabilitation and Development, and 3) Ancestral Domain. This resulted to the signing of the GRP-MILF Tripoli Agreement on Peace of 2001. Thus, the MILF had its own version of the Tripoli Agreement. If the Tripoli Agreement of 1976 served as the framework for the government’s negotiation with the MNLF, the Tripoli Agreement of 2001 served the purpose for the MILF.

The agendum on ancestral domain was further subdivided into four strands, namely: 1) General Concepts, 2) Territory, 3) Natural Resources, and 4) Governance. These four strands were discussed during the 7th exploratory talks (April 2005) and 8rh exploratory talks (September 2005) and the consensus therein shall become the framework within which both panels would be crafting the memorandum of agreement on ancestral domain.

Other Frameworks for the Negotiation

There was clear understanding between the two parties with respect to the Tripoli Agreement of 2001 but occasional misunderstandings occur when references were made on some other frameworks for the negotiation. On one hand, the GRP Panel made it a point that it negotiates on the bases of the Philippine Constitution and territorial integrity of the country. Therefore, any agreement shall pass through the usual constitutional processes and any realignment of territorial boundaries shall have to pass through a plebiscite. On the other hand, the MILF Panel insists that its claim for a Bangsamoro homeland was based on an established right to ancestral domain recognized by the Philippine constitution and quest for self-rule based on an established right to self-determination recognized under international law and a duly recognized instrument for peace by no less than the United Nations. In addition, the MILF panel insists that the government shall take into consideration some historical realities related to the Bangsamoro issues on ancestral domain and self-determination.

The following are some concepts and principles on self-determination under international law and practice (as cited by Atty. Musib M. Buat, member of the MILF Panel):

“Self-determination is not a destabilizing concept. Self-determination and democracy go hand in hand, if democracy means the rule of the people, by the people, then the people of self-determination assures that no one people may rule another – and here lies its enduring appeal” (Nadesa Satyendra, 1998);

“The right of peoples to self-determination exists as such in modern international law, with all the consequences that flow therefrom” (Hector Gross Espiell, 1980);

“All peoples have the right of self-determination. By the virtues of that right they determine the political status and freely pursue their economic, social, and cultural development” (Article 1.1: the International Covenant on Civil and Political Rights, 1966).

Breakdown of Negotiation

The first major breakdown in the negotiation was on June 1, 2000. Before this, on April 27, 2000, the GRP and MILF panels met in Cotabato City to discuss ways on how to diffuse the tensions brought about by armed encounters between government and MILF forces which started in the Lanao provinces. However, at dawn of the following day the Armed Forces of the Philippines (AFP) attacked Camp Abubakar, the main camp of the MILF. Thus begun the all-out war enunciated by the Estrada administration against the MILF.

The second major impasse was during the 13th Exploratory Talks in September 2006 when both panels could not agree on the delineation and delimitation of territories that shall comprise the Bangsamoro Juridical Entity (BJE) – the more technical term for a Bangsamoro Homeland. The GRP panel would consider more or less 600 Muslim-dominated villages outside the ARMM while the MILF panel would insist for more than a thousand. These areas are over and above the present areas covered by the ARMM. The other contentious issue was the definition of contiguity.

The third major breakdown in the talks happened on December 15, 2007. Both panels were already in Kuala Lumpur, Malaysia for the supposed 15th Exploratory Talks to fine-tune the consensus points on Ancestral Domain. There was no major debate expected as most of the consensus points were already settled during the 14th Exploratory Talks. All was set for the panels to initial the draft MOA which was calendared for formal signing when the talks resume in January 2008. Then, the MILF panel learned that the GRP panel had inserted in its draft of the Memorandum of Agreement the phrase “in accordance with constitutional processes”. This was vehemently opposed by the MILF panel as this was an insertion – an adulteration of the original draft of the MOA. Not being able to cleanse its copy of the draft MOA, the MILF panel decided that it is no longer feasible to face the other party in the negotiating table. Thus, the talks bumped into another impasse.

How Previous Snags in the Talks were Resolved

The circumstances, as well as the personalities and institutions involved, in the resumption of the talks are important as they give us significant lessons in the peace process. In a way, they serve to guide future actions that will have to be undertaken to put the negotiation back on track. While each particular situation may require distinct creative ways and adept means at a given time, the fundamentals of handling them remain the same.

The first parting of ways in the negotiation was caused by the government’s violation of the ceasefire agreement. Apparently, the government’s armed forces did not give much credence to its peace panel when, despite some consensus reached to diffuse the tension brought about by the armed confrontation that started in the Lanao provinces, it proceeded to attack Camp Abubakar at dawn of June 2, 2000. Immediately, thereafter, the MILF disbanded its panel and withdrew from the talks.

When Gloria Macapagal-Arroyo assumed the Presidency in 2001, she sought the assistance of Prime Minister Mahathir to convince the MILF to go back to the negotiation table. After a series of trips by the Malaysian emissaries to the Islamic Center in Camp Rajahmuda, MILF Chair Hashim Salamat agreed to resume talks with the government.

The second impasse was primarily caused by some technicalities in the matter of interpretation of delineation and delimitation of areas that will comprise the Bangsamoro Juridical Entity including some ambiguity on the definition of contiguity.

This time (2004), the coming in of a third party (country) monitoring team composed of representatives from Malaysia, Brunei and Libya was an added dimension. The ‘back-channeling’ efforts from both parties to revive the negotiation was minimized as this was replaced by the so-called ‘shuttle diplomacy’ employed by Malaysia, in particular, as a creative means of convincing the parties to go back to the negotiating table. After a series of shuttling down to Manila and Camp Darapanan, the Parties agreed to attend the 14th Exploratory Talks in November 2007. That proved to be very fruitful as some 29 consensus points, mostly on ancestral domain, were settled.

Then, the 15th Exploratory Talks was set December 15-17 in Kuala Lumpur, Malaysia. The MILF panel was in high spirits as it was more of a formality like initialing the draft MOA than talking because everything on ancestral domain had been settled during the previous exploratory talk. Then the MILF panel learned that the GRP panel’s copy of the draft MOA contained the phrase “in accordance with constitutional processes” which it vehemently objected to the point that it did not enter the negotiating room when the GRP panel failed to cleanse its copy. And so the talks bumped into another impasse.

This time the breakdown in negotiation was the making of the GRP panel as obviously influenced by the so-called ‘spoilers’ of the talks. These are people, alleged by the MILF, as well-entrenched in power and having strong influence in national policy and decision-making. They are also thought to be people of the cabinet cluster “E” or the national security cluster.

The Bone of Contentions

First, let us examine the obstructing mechanisms both legal, traditional, historical and behavioral on the part of both parties. Then let us fit them against the facilitating mechanisms in the same aspects and see if some adjustments are possible without causing major shifts in terms of positions or positioning espoused by both parties.

The MILF insisted that the claim for a ‘Bangsamoro Homeland’ is based on an established right to ancestral domain as well as the claim for ‘self-rule’ based on an established right to self-determination. However, some people in government commented that the MILF’s claim for ancestral domain based on some historical antecedents is no longer plausible or logical. So, the first bone of contention, it seems, is the relevance of historical antecedents to the claim for ancestral domain. In our view, the issue of historical relevance would not have been an issue at all because the Philippine Constitution of 1987 recognizes ancestral domain as one of the bases for recognizing minority rights in the Philippines. On this basis alone, the Bangsamoro claim for ancestral domain can be accommodated under the Philippine Constitution in much the same way as the Indigenous Peoples Rights Act (IPRA) passed by Congress was anchored on the same principle.

The Philippine Constitution of 1987 recognizes the right of self determination (Art. II, section 7, on State Policies) but unfortunately it has its limiting mechanisms such as the principles of national sovereignty and territorial integrity. One of the justifications for the Philippine’s claim of territorial integrity, with particular reference to historic rights under the 1935 Constitution, was the foreign treaties entered into by the Moro suzerains.

The same Constitution under Article II, Section 1 on Declaration of Principles “…adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, unity with all nations.” This is another restricted principle under the Philippine constitution. As interpreted by the Supreme Court, treaties entered into by the Philippines have the same category as domestic laws and as such like any legislation enacted by Congress, these treaties could be amended. This interpretation runs counter to the principle of pacta sunt servanda whereby the state parties are duty bound to honor their treaty obligations under treaties entered into. Thus, the Supreme Court, in the Bayan case when the constitutionality of the VFA was raised, sustained the principle of pacta sunt servanda under international law. This was the reason why the MILF Peace Panel during the resumption of he peace talks in Tripoli, Libya registered its objection to use the Philippine constitution as the framework of negotiation. The MILF Panel preferred the adherence by the Parties on International Humanitarian Law (IHL) and the internationally recognized Human Rights instruments in defining the relations between the Philippine Government and the Bangsamoro people with respect, among others, to their fundamental right to determine their future political status, which specifically refers to the right to self-determination (Atty. Musib M. Buat, 2007: Right to Self Determination).

As early as April 2005, the Government of Republic of the Philippines (GRP) through its peace panel, has offered the Moro Islamic Liberation Front (MILF) a federal state but the latter rejected it, saying the government is not in a position to offer much less grant it. The offer was contained in a document submitted to the MILF peace panel during the 7th GRP-MILF Exploratory Talks in Guoman, Port Dickson, Selangor, Malaysia.

However, the MILF’s rejection of the offer of a federal state should be put to context. The MILF viewed this as a ‘trick’. Knowing the propensity of the GRP panel to invoke the constitution whenever confronted with issues of constitutional concerns, how can the government grant something that is non-existent in the constitution? It means that the offer is only as good as when the constitution is amended and the form of government changed. Otherwise, this is tantamount to having made no offer at all. With the present Senate, any proposal to amend the constitution is next to impossible; at least, not before 2010. Must we wait after 2010 for the talks to resume? While this is possible, the danger of prolonged negotiation is the so-called ‘negotiation fatigue’.

From the looks of it, the MILF would stand pat on its position to pursue the so-called Bangsamoro Juridical Entity (BJE) with all presently-Muslim-dominated villages in Mindanao to compose it and have it governed by the shariah. Defining the extent of the BJE, although already a contentious issue, would not be as complicated as implementing the shariah en toto in this part of the country. Physical mutilation, under the shariah, is allowed as a form of punishment but same is not allowed under the Philippine Constitution. This was the reason why the so-called shariah being implemented under Presidential Decree No. 1086 was only limited in its application to Muslim personal laws (civil law) such as family relations, inheritance and succession.

Is there a Way to Meet Half-Way?

Maybe there is, maybe none. It all depends on the two sides whether they agree to a solution. Maybe the first option is to meet half-way or examine the primary agenda in the negotiation if it is possible to make some adjustments to meet half-way. By this, we mean that both parties are willing to drop some to gain some. For example, the primary reason why negotiation between the GRP and the MILF was made possible was because the GRP offered not to use the Philippine constitution as the benchmark for the negotiation which the MILF reciprocated by dropping the issue of independence as one of the subjects for negotiation.

The primary issue has been whether or not the GRP would allow some extra-constitutional means to address the issues surrounding the negotiation. Whether this is settled or not, there is still a way out so that negotiations don’t get stuck to where it has bunged. For example, determining the extent of the territorial boundary of the proposed Bangsamoro Juridical Entity (BJE) should not be a problem because it was already clear that only presently-Muslim-dominated villages would be absorbed into the BJE. If we are to assume that no Bangsamoro is opposed to the MILF-sponsored idea of creating the BJE, then a plebiscite or referendum becomes moot and academic.

Second, if we take recent pronouncements from the GRP and the MILF, there seems to be some reasons to be optimistic for the talks to resume. Muhammad Ameen, chairperson of the MILF Central Committee Secretariat, stressed the need to correct false impression or accusation that the MILF does not want the government to undertake constitutional processes to implement any peace deal with the MILF. He said “the government can undertake all constitutional processes it wants, provided [it does] not derogate what the Parties have jointly ‘crafted, agreed and signed’ in the negotiations. He stressed further that what the MILF cannot agree to is that it takes part in those constitutional processes, citing six reasons for it:

1. All negotiations to resolve sovereignty-based conflicts all over the world such as those in Kosovo , Ireland , Bougainville, Aceh , Sudan , Western Sahara , and many others are extra-constitutional in character. The one with the MILF is not an exception;

2. The MILF is a revolutionary organization, or in plain words, a rebel, which necessarily does not recognize the Philippine Constitution; otherwise, to do so would be tantamount to agreeing to become and [be] considered “criminals”;

3. The Philippine Constitution represents the interests of the majority, who are Christians, short-changing or undermining that of the Moros and other indigenous tribes. The Constitution always favors the greatest majority, because they were the framers, interpreters, and implementers;

4. To allow itself to be bound by constitutional process, aside from the foregoing reasons, the MILF virtually allows itself at the tyranny of the Philippine Government in [the] matter of interpretation and implementation of any peace deal;

5. The MILF will not and will never repeat the blunders committed by the MNLF and Chairman Nur Misuari of negotiating within the framework of the Philippine Constitution. After more than ten years since the signing of the GRP-MNLF Final Agreement in 1996, the MNLF and Nur Misuari are back to square one as far as the genuine resolution of the Moro Problem is concerned. Instead of giving genuine self-governance to the Bangsamoro People, they are being integrated into the national body politic, reminiscent of the government approach in the 50s and 60s; and

Today, there are enough models of resolving sovereignty-based conflicts which the government and the MILF can study and possibly adopt any of the appropriate model to the satisfaction of the Parties and other stake-holders. The international community must play an active role in this undertaking.

Third, the issue of whether or not the MILF gained some semblance of ‘status of belligerency’ keeps coming back. The mere fact that the GRP had initiated a formal negotiation between the Philippine state and the MILF is an affirmation of this reality. Negotiation of this breadth and specter necessitates that there must be at least two parties of equal footing facing each other on the negotiating table. While recognizing a status of belligerency for the MILF, the Philippine government can maintain that the issues or problems are internal in nature and sovereign in character. When the MILF agreed to drop the issue of independence, the territorial integrity of the country was already assured.
Fourth, the GRP, in initiating the formal negotiation, has already set aside the Philippine constitution as benchmark for the negotiation which the MILF reciprocated by dropping independence as one of the subjects of the talks. The ball is clearly in the hands of the GRP panel. The moment it goes back to re-assume its original position, negotiation can proceed anytime.

Fifth, apparently what is lacking in this case is a strong political will on the part of government and principled negotiation from both sides. What is obvious is a case of lackadaisical attitude on the part of government and maybe occasional enthusiasm that only shows every-time there is an impasse. On the part of the MILF, some extra effort to stretch its patience will help. For example, while the GRP panel’s copy of the draft MOA on ancestral domain was adulterated by a proposal to subject it to ‘constitutional process’, the MILF panel could have tried to do some bargaining efforts as in ‘hit and miss’ kind of thing. Having tried would have mattered more than not having tried at all.

Lastly, it might help to reconstitute the membership of the GRP panel. Secretary Eduardo Ermita was not able to bring the GRP-MNLF negotiation to a conclusion. It was Ambassador Manuel Yan who had successfully brought the negotiation to a close. This time, some quarters are beginning to doubt Secretary Rodolfo Garcia’s ability to steer the GRP-MILF talks to its conclusive phase.

What made the difference, if any, among these people? Well, all of them were former military men, except that Manuel Yan was a military-man-turned-diplomat. Diplomats have greater advantage in the art of negotiating than military men who had not experienced the art of diplomacy. If we are to take this notion, then Ambassador Roy Cimatu makes a good replacement for Secretary Rodolfo Garcia. Also, instead of Secretary Nasser Pangandaman, somebody else, a prominent lawyer who would, in a way, represent the ARMM, shall be allowed to replace him. The MILF might, also, consider reconstituting its panel of negotiators. While it may be argued that the negotiators are not the problem, bringing in some fresh minds into the negotiation may help as some of the old buddies may have already been experiencing negotiation fatigue.

Presently, the government Peace Panel is composed of Secretary Rodolfo Garcia (ret. Gen.), Prof. Rudy Rodil, Atty. Leah Armamento, Atty. Sedfrey Candelaria, Sylvia Paraguya, Secretary Nasser Pangandaman and Ryan Mark Sullivan.

On the MILF side are Mohagher Iqbal, Atty. Lanang Ali, Atty. Michael Mastura, Atty. Musib Buat, Maulana Alonto, and Abdulla Camlian, head of the MILF Technical Committee. Also with the group are Mike Pasigan, Amor Pendaliday, and Mohajirin Ali.
For principled negotiation and determined negotiators, any conceivable means is worth trying and all possible options are worth considering, if only to make it proceed. The talks, for whatever level it has reached, has already achieved so much that nobody could imagine such gains would go to naught because nobody tried enough to salvage it from vanishing into, probably, oblivion.

High Hopes for Year of the Rat

Maugan Buat Mosaid, Ph.D.

Again, the New Year tradition of predictions and fortune-telling comes to the fore as people expect some changes for the better in their lives and career. Some express them in the form of new year resolutions which are mostly stern promises of leaving bad habits behind with the outgoing year . Others want to be guided by the more conventional art of knowing the things and events that are yet to come, i.e. through feng shui, astrology, tarot cards, etc. (I would still refer to these media of predicting the future as more of an ‘art’ than scientific as there is yet no means for an empirical inquiry to prove them through and through). Still others, the more pious ones, resort to prayers as it is still the best means to shape up the future the way it should be through Divine intercession.

Equally fascinating and worth mentioning are the thoughts posted by two unassuming intellectuals who hid their identities under the following: Toyskie: “More interesting than predictions for 2008 is the list of predictions for 2007 that came true and another list for those that did not. I wonder which list is longer. Perhaps another little research on feng shui’s batting average is called for at this time.” And Maxim: “Feng shui, astrology, tarot cards, etc. have become interesting media for predictions, though I consider them as more of an art than scientific. As an art it has drawn many enthusiasts and adherents for the intrinsic means by which it is undertaken and for the value attached to it. For its unique system, procedures and technique, the art of prediction or fortune-telling has even develop its own culture that not too many have mastered. Interestingly, it is appreciated more for its ‘hits’ than its ‘misses’. So, regardless of which list is longer, the art will continue to grow in popularity and may even generate more downstream opportunities.”

On the national scene, the following are some of the scenarios foretold by the ‘experts’ in the aspect of predicting/fortune-telling:

On the economy:

1. The economy will be stable; good businesses are food, travel agency, electronics, construction and real estate;
2. The year 2008 will be good for those born in the year of the rat, tiger, dragon and snake;
3. It is good to set out under the sun as it gives so much positive energy for the year 2008;

On politics:

1. There will be a coup for the Senate leadership;
2. Threats for GMA continue but will finish her term until 2010;
3. Women leaders shall be perceived to be powerful and strong;
4. Erap shall continue to be popular among the masses;
5. Noli de Castro will just do some balancing acts to continue to play second fiddle to GMA;
6. Trillanes will continue to be restless and remain a problem of the Arroyo administration;

Sex scandal:

1. One Senator will be involved in a sex scandal;
2. Homosexual relationships will be problematic;

Accidents:

1. Accidents due to landslides will be more this year; some few accidents in water and air transportations will also happen;
2. Traffic accidents due to hotheads will be more in 2008 than past years;

On sports:

1. The year 2008 may not be too good for Manny Pacquiao in terms of his boxing career;
2. Other Filipino boxers, including new ones, will continue to have good boxing career for 2008.

However, on the other side of the euphora for brighter things to come, is the fact that not one of the corrupt, oppressors, and violators of human rights (and minority rights) has come to the fore to say their piece for the new year , which means, that the oppressed has nothing much to expect about in the year 2008. These people, whose fate rests in the hands of the few rich and powerful, are not in a position to try to shape up the future or improve their lot.

There is no need to mention a lot of them but the more prominent ones are: 1) the case of the Sumilao farmers in Bukidnon, who marched to Manila from mid-October 2007 and arrived in early December, or more or less two months of hiking to dramatize their claim to a portion of the 400-hectare farm estate formerly owned by the prominent Quisumbing family but sold to the more powerful San Miguel Corporation; and 2) the case of the Bangsamoro people who are claiming a small portion of Mindanao (once dominated by them) under an established right for ancestral domain which they can call ‘homeland’. Their other wish is that this ‘homeland’ shall be govern by an indigenous system called Bangsamoro Juridical Entity (BJE) under an established right to self-determination and self-actualization.

The Bangsamoro people have more than dramatize their cause in terms of lives lost and properties damaged when they decided to claim these rights through armed struggle. Now they are anchoring hopes on peaceful means, i.e. the on-going negotiations between the GRP and the MILF but nothing seems to be certain yet as of now.

What is certain is that the GRP-MILF Talk has bumped into another impasse as the GRP panel allegedly reneged in its commitment in the peace process by inserting the phrase: “in accordance with constitutional processes” in its copy of the draft Memorandum of Agreement. This was vehemently opposed by the MILF panel. And when the GRP panel failed to cleanse its copy of the MOA, the MILF panel decided that it is no longer feasible to face the other party in the negotiating table. This was supposed to be the 15th exploratory talks had it pushed through in Kuala Lumpur last December 15-17, 2007.

Thus said, the oppressed Bangsamoro people cannot wish for something better in the New Year or probably in the entire duration of 2008. But the ball is still in the hands of the GRP panel. If it has the political will to return to the unadulterated original draft of the MOA, the MILF panel is more than willing to go back to the negotiating table.

For our part, the lowly Bangsamoro masses, we can only wish that people high up in government, who ‘call the shots’, shall be Divinely inspired to see the wisdom of continuing on with the peace talks. If and when they see the ‘light’, there is still chance for a happy new year, so to speak.

Any agreement between the two parties will not directly bring food to the lowly Bangsamoro’s dining table, but, seeing the talks proceeding through unhampered is enough reason to be happy for the new year because that would mean that peace is still certain even if it does not come too soon.

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Comments
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Maxim, thru email: 01/01/2008; 8:48pm

I do not know when will the GRP stops 'babying' the MILF. Now that the talks has bumped into another impasse Secretary Ermita is istill upbeat at offering a federal state or transforming the present ARMM to a federal state. Did he forget that the same offer was made by the government to the MILF in 2005 and was rejected?

Knowing the propensity of the GRP Panel at using the constitution as convenient shield when confronted with 'unconstitutional' proposals from the MILF, there is more reason to reject a federal state which is non-existent in the constitution.

When will Malacanang begin to appreciate that the Bangsamoro dream is claim for a 'homeland' based on an established right to ancestral domain, and claim for self-rule based on an established right to self-determination?

The offer, it seems, is just another one of a sinister plan to insist on something that the MILF will certainly reject, to make it appear that it is the MILF that is hard to please, albeit, goverment's offer to settle peace.

We reiterate that the clamor of the Bangsamoro is not difficult to understand, rather, it is the goverment's discernible circus acts that is complicating the peace process.