Palace weighing options on MOA
By Michael Lim Ubac
Philippine Daily Inquirer
First Posted 23:25:00 08/16/2008
Filed Under: RP peace process, Mindanao peace process, Politics, Government
SIGNALING A CHANGE IN TACK, PRESIDENT Gloria Macapagal-Arroyo said allowing nongovernment peace advocates the lead role in the peace process with the separatist Moro Islamic Liberation Front (MILF) could be the key to achieving lasting peace in Mindanao.
The President made the announcement on Friday during the state banquet she hosted in Malacañang for the Kuwaiti Prime Minister even as talk swirled of a possible renegotiation or nonsigning of the controversial memorandum of agreement on ancestral domain (MOA-AD) between the government and the MILF.
In separate phone interviews Saturday with the Inquirer, Hermogenes Esperon Jr., the President’s adviser on the peace process, confirmed that the government’s “range of options” vis-à-vis the MOA-AD included renegotiation, and even nonsigning.
“It could come to that,” Esperon said of a possible renegotiation. “But it does not mean that that is it.”
As for the possibility of the nonsigning of the document, he said: “It’s one of the options among a range of options.”
He declined to say if the government peace panel had spoken about this “option” with the MILF.
“There’s also the matter of exercising all options before or after Aug. 22,” Esperon added, referring to the resumption of the oral arguments at the Supreme Court, which had issued a temporary restraining order (TRO) on the Aug. 5 signing of the MOA-AD in Malaysia.
The TRO was issued by the high court in response to petitions from certain local officials in Mindanao, among others.
Gov’t in support role
At the state banquet in honor of Sheikh Masser Al-Mohammed Al-Ahmed Al-Jaber Al-Sabah, the President said she wanted nongovernment organizations (NGOs) to “spearhead” the peace talks between the government and the MILF, which had long been stalled on the issue of ancestral domain.
“Yes, there are political dynamics. We are working to sort them out,” Ms Arroyo told the sheikh and select Kuwaiti ministers who arrived on Friday in Manila for a daylong official visit.
“The government will assume a supporting role and let [NGOs] supportive of the peace efforts spearhead the discussions for the problematic concerns. We will work to end the conflict that has claimed lives on both sides over the last four decades,” she said.
Ms Arroyo said the Kuwaiti leader’s presence was “a boost to bring about long-lasting peace in Mindanao, just as our brothers in the Middle East look forward to long-lasting peace in the Middle East.”
The sheikh, in turn, praised the Philippines for adhering to democracy.
“Both our countries ... believe in democracy as a method of rule, and we strongly [observe] the notions of freedom, justice,” he said, describing the Philippines as “a beautiful country.”
2 NGOs
Asked which NGOs the President was referring to, Executive Secretary Eduardo Ermita mentioned two -- the Christians-Muslims for Peace and the Philippine Council for Islam and Democracy.
But her mention of the new role of NGOs in ending the 40-year conflict in the South has raised questions on the powers to be granted them, and whether this would mean that the government was now amenable to a renegotiation of the MOA-AD, which proposes an expanded Bangsamoro homeland with broad economic and political powers.
The signing of the document was to have paved the way for the resumption of formal peace talks between the government and the MILF.
In separate phone interviews with the Inquirer, Ermita and the President’s political adviser, Gabriel Claudio, denied that Ms Arroyo had abandoned the MOA-AD amid the controversy it had generated.
Ermita said Ms Arroyo’s statement was “nothing more than saying that NGOs should participate [in the peace process] and that not everything should be left to the government.”
Not from Palace
Ermita also said talk about the possible renegotiation of the MOA-AD could have not emanated from Malacañang.
“We can’t make a move unless the Supreme Court makes a decision on the TRO. We have to await its final action,” he said, noting that Solicitor General Agnes Devandera had been scheduled to argue the government’s position before an en banc session of the high court on Aug. 22.
“Will the Supreme Court lift the TRO? What will be its order?” he said.
According to Ermita, the government is to be expected to think of different scenarios.
“But [a backup plan] is hardly being considered right now,” lest the high court think “it is the thinking of government planners,” he said.
If that happens, it will be “big trouble” for the government, Ermita said, stressing that it was premature to think of plans apart from the MOA-AD.
Council of Elders
A Palace official, who asked not to be named for lack of authority to speak about the
MOA-AD, had said the government was mulling the creation of a Council of Elders that would advise the government panel in talks with the MILF.
Claudio inadvertently confirmed this when he told the Inquirer that Ms Arroyo wanted all stakeholders to help in crafting a final peace accord with the separatists.
He said the Mindanao folk should be given pivotal role in the peace negotiations.
But Claudio denied reports that Malacañang was abandoning the MOA-AD.
“Sorry, I have nothing on that,” he said Friday night.
“There’s no order to renegotiate the MOA-AD,” he said, adding that the government’s next course of action “depends on the outcome of the Supreme Court petition” filed by Mindanao officials.
Claudio claimed that it would be a wrong move to even suggest a renegotiation of the MOA-AD when the case was being scrutinized by the Supreme Court.
He said the high court might think the government’s position was weak.
Circumspection
Press Secretary Jesus Dureza and Secretary Cerge Remonde of the Presidential Management Staff also said as much in text messages sent before midnight Friday.
“I have no idea,” Dureza said of the possible renegotiation.
“Depends on SC (Supreme Court) decision,” Remonde said.
In a series of text messages Saturday, Dureza called on the public “not play around with peace.”
“The alternative to peace is war. It is best that everyone -- Christians, Muslims, lumad, government officials, politicians, leaders of civil society, Congress and those in the judiciary -- treat the pending issue with sobriety and circumspection and with abiding resolve that all must contribute to install peace in the land,” he said.
Dureza said the issue was now with the high court:
“Let’s wait for its ruling and all will have to submit to it when it comes. The highest tribunal is the final arbiter. It will rise above the din and noise created by less noble considerations. The search for peace is paramount. President Arroyo, since she assumed office up to now, has been focused and resolute to find a final settlement in the Mindanao conflict.”
He also said: “When peace comes, development follows. This is not only for Mindanao. We are at the threshold of a breakthrough that will hopefully solve generations-old unsettled grievances and issues. Let’s not miss this rare opportunity of finding peace in the land.”
Optimism
Esperon also reminded the Inquirer that the issue was now for the Supreme Court to decide on.
He said that if the high court struck down the MOA-AD, there would be other ways to get the proposed Bangsamoro homeland off the ground.
“There are still oral arguments scheduled. After that, we can tell you the actions we can take,” he said.
He expressed optimism that the high court would uphold the government on the issue.
With reports from Alcuin Papa and Nikko Dizon
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