Guest columnist:
• Nash Maulana, The Mindanao Cross
On Transitions and Elections for Mindanao Autonomy
GOING through analysts’ views on the proposed extension of term of the Bangsamoro Transition Authority (BTA), I find myself seeking for more.
University of the Philippines (UP) Professor Dr. Francisco “Pancho” Lara argues that by asking for extension of the BTA term, the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) does a “U-Turn” in democracy. Lara reduces (read blows up) the issue to an alleged “MILF demand” for a no-el (no election), apparently to de-popularize and even decontextualize an internationally acclaimed Peace Process.
What probably is missing in Dr. Lara’s presentation is the fact that every task in the formation of or in organizing the BARMM, both under the law and in the Comprehensive Agreement on the Bangsamoro (CAB), would have to be bilaterally or jointly undertaken by the fledgling Regional Government and by the National Government. Therefore, a success (or a failure) and whatever is accomplished in less than three years is to be attributed to both parties. Republic Act 11054 (Bangsamoro Organic Law) provides for the activation of intergovernmental relations bodies (IGRBs) to bilaterally work on organizing and operationalization of regional finance, budget and management; public works, and energy development, among others, in BARMM.
Lawyer Jose Y. Dalisay III — who as a former journalist had covered Muslim Mindanao, for The Mindanao Cross from the1980s through 1990s — says the BOL does not explicitly limit the BTA term, but only of its members whose tenure of office ends as soon as they file certificates of candidacy for the May 2021 election (instead of Noontime of June 30, as the term of the regular constitutionally elected local officials is supposed to end every three years).
The proposed extension of the period of transition does not directly touch on, much less affect, the holding of both the May 2022 local and national elections prescribed by the Constitution. So, how can it be a “Democracy (in) U-Turn”?
A complementing commentary even connects Lara’s line to Marcos “undemocratic” interpretation of the 1976 Tripoli Agreement in his administration’s implementation of the Regional Autonomous Government (RAG). The comparative analysis supposes that RAG officials then occupied high positions without the benefit of elections. This contention, however, sits on an inaccurate historical recollection!
The interim government setup then was called the Office of the Regional Commission (ORC) to which a set of interim officials were appointed in 1975. However, regional elections were also held four years later on May 7, 1979 for the Sangguniang Pampook (SP).
But when some of the key figures of the separatist movement of the 1970s surfaced to join the government in 1980, the holding of regional elections became more flexible.
In particular, the administration of President Cory Aquino suspended the holding of the regional polls in three years, until 1989 when a plebiscite was held for the ratification of RA 6734, the ARMM charter.
On May 23, 1979, the Interim Batasang Pambansa (of the National Government) passed BP Blg. 20, providing for the organization of the Sangguniang Pampook in each of Regions IX and XII.
The SP and LTP were a governing setup in the form of a Unicameral Legislature and an Executive Branch, both headed by a Chairman voted to office by SP members who were elected via direct district voting by constituents from the Provinces of Lanao del Norte, Lanao del Sur, North Cotabato, Sultan Kudarat and Maguindanao and the cities of Iligan, Marawi and Cotabato, for the Central Mindanao Region. Only representatives of the basic sectors were appointed. (✓)
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Editor’s Note:
Nash Maulana is a seasoned journalist. He wrote for the now-defunct Globe newspaper and Philippine Daily Inquirer for many years, among others. He is presently a Mindanao correspondent of The Manila Standard. He was a journalism fellow in the United States, wrote a book, among many other accomplishments.
Thanks to The Mindanao Cross.