IAG JANUARY - FEBRUARY 2017

ISSN 2243-8173-17-01

Federalism, Autonomy and

Peace: Perspectives from Sulu
Policy Brief
Editor’s note: In this issue, we hear from Sulu political stalwart and former
Governor Abdusakur M. Tan his take on politics in the region, the developing
peace track with federalism as a platform, and his hopes for the new basic law
for the Bangsamoro under the new administration. The first transcript is from a
speech he delivered during a forum on federalism in Patikul, Sulu, 6 December
2016, IAG co-organized with the Sulu Provincial Government in partnership
with Sulu State College Faculty Association. We’re also republishing his speech
from April 2015 – at the height of the BBL issue – when he addressed as Sulu
vice governor the forum on “Politics and Governance for Peace: Opportunities
and Challenges” IAG co-organized with PCID, LOGODEF and ZABIDA in
Zamboanga City.

P
atikul, Sulu (6 December 2016) -- Good morning to all distinguished
resource persons, participants and representatives of organizations,
entities and advocates of peace.

The executive director of the Institute for Autonomy and

Governance, Atty. Benedicto R. Bacani, is a familiar face on endeavors
such as the one we are holding now, and co-hosted by the Sulu Provincial
Government, a forum on “Federalism, Autonomy, and the Mindanao and
Sulu Peace Process”.

Atty. Bacani can bear me out that on August of last year at the Dusit
Thani Hotel in Makati, I was also invited to attend the “Dialogue on House
and Senate Bills on the BBL: Analysis, Challenges and Prospects”.

This Policy Brief is published bimonthly. Editor: Benedicto

R. Bacani. Associate Editor: Ramie P. Toledo. Lay-out Artist:
Omar Vicente D. Tadeja. Visit www.iag.org.ph. Follow IAG:
facebook.com/iag.org.ph and twitter/IAGorgph.
 I am tasked this morning to present “Sulu’s Perspective on Autonomy and Governance”,
which I think is the province of our scholars and experts in the Institute for Autonomy and
Governance, under the stewardship of our good Atty. Bacani here. But I have the benefit of
ground experience having spent most of my adult life in the realm of public service, and with
pride but tempered with all humility, I can publicly state that during the “best of times, and
the worst of times” never did I leave Sulu to seek refuge, comfort and security elsewhere,
away from my place of birth.

For now, let us leave the matter as a backdrop to the current topic of discussion, which
is Autonomy and Governance in Mindanao and Sulu.

When we speak or even mention autonomy, the term of our reference is the Autonomous
Region in Muslim Mindanao, the ARMM, being the most concrete product of the peace process
of more than 40 years ago. From the variables of perspective, ARMM can be mentioned in a
term of endearment, while others frown on it as an epitome of failures.

It is public knowledge that I made a political bid for the ARMM regional governorship
during the recent national elections, and some sectors and individuals may brush aside my
aforementioned assertion as mere sourgraping, forgetting that I have been calling for reforms
in the ARMM for decades now, started during the time of President Ramos. It even reached
a point when I publicly called for its dissolution while serving as Governor of Sulu when I
personally saw and experienced the disenchantment of LGUs towards the regional grouping
because of red tapes and other administrative hindrances. The ARMM indeed, is just another
tier of an overstaffed bureaucracy and where accumulated power and wealth can be tools of
political oppression. The Maguindanao Massacre should be remembered as a barometer of
unbridled power.

As expediencies to satisfy the main actors in the peace overtures it was the Aquino
administration who brought down the gavel in a public judgment and sentenced ARMM
as a “FAILED EXPERIMENT”, it was the powers-that-be and not Sakur Tan, lest some may
conveniently forget.

But it joggles the mind and muddle rhymes and reasons, then after passing judgment
the very same ultimate controller of purse allocated a gargantuan budget and poured in
billions of development funds to the region. For what? To resuscitate the dead guinea pig of
a failed experiment; or as a convenient conduit to funnel funds to finance election expenses at
the expense of development in component provinces and city of ARMM?

Imaginations can run wild when statistics show that the incidences of poverty in
the region is the highest in the country, which indicate that more than half of the people in
ARMM are considered poor, while on the other hand, the region is receiving one of the highest
allotment per capita in the country. These statistics are from the same administration which
sentenced ARMM to failure.

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2 | Federalism, Autonomy and Peace: Perspectives from Sulu
 When this issue was raised by the Kusug Tausug representative in Congress during
the budget hearing, the ARMM officials, led by the regional governor, merely sidestepped
the issue as mere sourgraping by Rep. Shernee A. Tan as her father lost in his electoral bid.
It was not a low-blow, but rather a below-the-ankle blow by any decent standard.

The Kusug Tausug representative accepted the threat of an audit of the Local
Government in Sulu by the ARMM officials, by making her own dare that the audit be done
in the entire region starting from the highest regional office down to the barangay level.

Not holding any government position at the moment is not a hindrance for me
to air the grievances of my people or make complaints and forward them to concerned
government offices. Being a simple taxpayer, but one of the highest taxpayers in the region,
affords me the inalienable right to speak out on all matters that affect Sulu and its people.

Due to the devolution of national agencies and offices to ARMM, it gained control
on the disbursement and flow of development funds to component provinces. More often
than not, the control of funds is an effective tool in political arm-twisting. We have relayed
these concerns in our correspondences to the Office of the President, DPWH, DOH, the
Ombudsman and others, and we are already in receipt of acknowledgements and responses
from the addressees and await any commensurate actions to be taken. In our dinner with
the President two months ago, we stated in no uncertain terms that if the situation continues
the way it is, we proposed that development funds be rather channeled from the Office of
the President through Region 9.

We keep on emphasizing the fact that our complaints are based on our sincere
wish and even prayer, that ARMM should be free from the typecast which are demeaning
and condescending. We cannot expect the regional governor to be in the know of what’s
happening on the ground or if he is made aware of the complaints of the people clamoring
for even the barest of services.

Our efforts should be viewed in the right context, not in the paranoid mindset that
we are pinning him to the ground or that we are waging a vendetta. Any improvement of
services initiated by his office borne out of our concerns and reports will be to his credit
and to the improvement of the ARMM as a whole. He will be basking in accolades, not us.
I hope we made this point vividly clear.

When we are asked to choose between autonomy and federalism, our choice is clear.
We do not want an autonomy that is like the one personified by the present ARMM. For us
here in Sulu it’s simply anything but.

In the matter of peace and security in Mindanao and Sulu which now hinges on
the peace process and federalism, we do admit that the so-called peace roadmap is in for
bumps and humps.

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Federalism, Autonomy and Peace: Perspectives from Sulu | 3
 For all intents and purposes the BBL is rendered moot and academic except perhaps as
a symbolic banner of victory for the MILF now that the Duterte administration is pushing for a
federal system of government which will be laid down not only for the region but for the entire
country in an overall solution that will resolve the “constitutional infirmities” in the proposed
BBL in both versions if the House and the Senate.

Federalism is novel to the Philippines and it is understandable if it may appear frightening

to some, changes usually are. Let us leave this matter to the wisdom of the national leadership
but let us not be curtailed nor hampered in presenting ground opinions for consideration and
due study.

The executive order reconstituting the Bangsamoro Transition Commission or BTC has
already been signed and expanded to be all-inclusive. Aside from the main player, the MILF,
the Government Panel will also appoint members to the commission, to include the MNLF, a
seat for the Sultanates and other stakeholders.

The intention is indeed noble, but realities are expected to bite, which we hope will not
be disruptively deep.

Let us take the seat allocated for the MNLF for instance. Will it be the representation
from the main MLF force of Chairman Nur Misuari or from other splinter factions? How do
we incorporate the 1996 Peace Agreement with the MNLF and the Comprehensive Agreement
on the Bangsamoro (CAB) into a legal and binding document acceptable to both MNLF and
MILF? How do we deal with criminal elements clothing themselves as revolutionaries?

It is an accepted fact that the island provinces of Basilan, Tawi-Tawi, and Sulu are the
traditional stronghold of Chairman Nur Misuari. Even after the 1996 Peace Agreement he still
has loyal combatants in place and maintains considerable mass support in the Zamboanga
Peninsula. Misuari will use these factors to his advantage and he will not play second-fiddle
to any group, MILF included.

In both versions of the BBL and now in the composition of the expanded BTC, a
seat from the Sultanate will be offered. It is not determined or stated in definite terms if the
representation refers to the Sultanate of Sulu, Maguindanao or Buayan or of the emerging
Maranaw Royal Houses. Is the Sultanate institutionalized under our laws and statutes for it to
be clothed with legality?

On April 8, 2016, five heirs of the Sulu Sultanate formed themselves into the Royal
Council of the Sulu Sultanate and only last 29th of November this year, they honored me
with a conferment of a royal rank of Datu Shahbandar and its Special Envoy. The five sultans
granted me authority to speak for and on behalf of the council on matters which received their
prior Royal Assent.

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4 | Federalism, Autonomy and Peace: Perspectives from Sulu
 I’m stating this to punctuate the point that the Royal Council of the Sulu Sultanate
is more concerned on larger matters and have no intention whatsoever to enter the fray on
the BTC, which the council believes is not the right venue to pursue their interests.

Any steps taken in this process of transition must not be seen as merely stop-gap
solutions or convenient palliatives or we may risk opening scars of old wounds. The
suspicion that the government is applying the divide-and-rule tactics will again surface
and gain credence. It is indeed a political tightrope.

In the matter of the delineation of areas comprising federal states, it is our view
that this would be very sensitive an issue which requires due diligence and references to
historical facts and earlier agreements like the Tevetoglu Draft which gave birth to the Tripoli
Agreement. Let us not cluster areas which even individually, cannot cater to its needs. To
ponder clustering the present ARMM into a single federal state will be perpetuating the
situation we earlier expounded, meaning we will remain the poorest federal state.

At this juncture allow me to elucidate on a point concerning the Muslims in the

Philippines. We should ask ourselves if we are content to remain enclosed in an arrangement
and continually be tagged as minority, or should we be bold enough to flow with the
mainstream and prove our worth as individuals and as people within the larger Filipino
Nation?
Why should Muslims seemingly demand special treatment as if they are different from the
rest?

We should take a cue from the history of the Afro-Americans who fought for their
equal rights and civil liberties and take lessons from the fate that befell the American Indians
and the Australian aborigines. No one ever imagined that one day a colored American will
be president of America, simply because they repudiated the special treatment offered to
them then or what was termed then as affirmative action, but instead demanded and fought
for equal rights and equal opportunities just like the mainstream or majority white. Look at
them now!

In pondering the creation of federal states, we believe that it would be erroneous

to cluster Muslim areas into a single state. That would merely be a name change from
ARMM to something else. The traditional Muslim areas now fenced within ARMM must
break loose from the mindset of being a minority but should instead opt to being clustered
together with more affluent territories, even if they are non-Muslims, in a federal make-up.

The only opposition I would expect would mostly be coming from self-serving
politicians who are afraid to lose power and influence in a new set-up where their traditional
mass base will now be diminished. We should be willing to sacrifice for the betterment of
our people.

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Federalism, Autonomy and Peace: Perspectives from Sulu | 5
 In consideration of some of the issues aforementioned, let us not deliberately side-
step the value and importance of the Sulu Archipelago of the old, which bears heavily on the
security, development and human progress in this part of Southeast Asia.

The Sabah issue must not be taken lightly. The Malaysian hand has always been seen
from the birth of the MNLF as an aftermath of the Jabidah controversy, the subsequent fall-out
of Nur Misuari and his arrest in Sabah, the further divide of the MNLF with the creation of the
Executive Committee of 15, and of course the breaking away of the MILF.

In fact there is weight in the presumption that the leadership of the new front, the MILF,
was conveniently arranged to be from central Mindanao away from the material territory,
historically and geographically, which is the Sulu Archipelago. This is an open secret, but
everyone will not touch it with a mile-long pole. Without a just and fair resolution of the Sabah
issue, uncertainties will continue to land on our shores like the endless waves and ripples from
the Sulu Sea.

The peace roadmap is not a single straight highway ladies and gentlemen, but a network
of alleys and streets converging on a single starting point towards a single destination of a
bright horizon for all.

Thank you.
-------
Politics and Governance for Peace: Opportunities and Challenges from Sulu Perspective
and Experience

Z
amboanga City (29 April 2015) -- Islam as the religion of the Muslims was derived from
one of the most beautiful names of Allah, As-Salam. In the early days of Islam, Prophet
Mohammad, Peace be upon Him, was met with stiff opposition from the unbelievers,
ostracized and driven away from Makkah leaving behind even his birthright. In defense of
the Truth of his Message, many lives were lost. Mao Zedong once wrote, “With the book on
his left hand and the sword on his right, Mohammad conquered half of the world,” which
inspired him of his treatise on theory and practice. Despite the numerous battles and the many
wars that turned the desert red, Islam remained as the religion of Peace. It is not an irony but
rather God’s wisdom. Peace is not in conquest but in the quest. Peace in the context of Islam
is a perfect state, and therefore unattainable in this earthly life, for Perfection is an attribute of
God alone.

I beg your indulgence on the urge to make that narrative if only to give another
perspective to the peace we are very much preoccupied with, both in and out of this forum
halls.

The current peace process is not something new, but only a rehash of a play with new
set of actors. It has been stated many times that the peace process is a continuing process

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6 | Federalism, Autonomy and Peace: Perspectives from Sulu
 especially during the period after the 1996 Peace Agreement or the post-agreement phase
saw strings of projects, foreign-funded initiatives for confidence-building efforts in support
of that particular agreement. Along this premise, the peace process as a continuing process
will not end with a peace agreement, but rather serve as an assuring mechanism to pick up
the pieces when something breaks.

Peace is not something that is objectified, that is being searched like a solution to a
mathematical problem. Peace, in the current context, should be a widely acceptable outcome
of all the interplay of forces that ensures the wellbeing and security of the people. You do
not run after peace. You make it happen. It is as much as saying that we do not give peace
a chance but rather give ourselves the chance for peace.

I believe that I am speaking from the wisdom of experience having outlived the
war of the 1970s between the MNLF and the government forces, and the peace agreement
that followed. I will even outlive the ARMM, with the Grace and Mercy of Allah! But I can
humbly claim that I know Sulu like the palm of my hand.

The peace process and the Provincial Government of Sulu

There are those who ventured into rectifying the perceived wrong or injustice on
the Tausug and, to some extent, to the rest of the Muslim communities in the Philippines
believing that what they have tried or are trying to accomplish is on the path of righteousness.
They may have had their perception on how to set things right; yet the real burden of
rebuilding from the destruction and the tragic consequences of wars and the mending of
many shattered lives are laid heavily on the shoulders of those who have been directly
affected and who are in the frontline – the very people who have suffered and many more
still suffering and, we, in the local government units.

The resources spent and the efforts undertaken in implementing reconstruction and
rebuilding initiatives could have been better utilized for education and for income and
employment-generating ventures. It would be foolhardy then for anyone contemplating on
taking reins of governance of the Tausug in total disregard of the indelible marks that history
had so unkindly inflicted on the landscape and in the untold anguish in the consciousness
of Sulu and its people.

I have said on many occasions that even if we saturate the entire province with so-
called confidence-building projects and pour in foreign-assisted development initiatives
with the end view of “correcting” the neglect and making up for whatever insufficiencies
perceived to have been wrought upon the land and its people, they are not guarantees to
attain peace that remains elusive until now.

Many institutions were put in place, the latest being the ARMM and another one is
in the offing equipped with lofty ideals and good intentions. No doubt that this is another

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Federalism, Autonomy and Peace: Perspectives from Sulu | 7
 opportunity we cannot afford not to take and a challenge that requires determination, resolve
and the political will to make it succeed from all stakeholders.

Speaking of good intentions, let me put on record the deepest appreciation of Sulu for
the many organizations and foreign governments who registered their commitment to pour in
projects and livelihood programs for the new entity in Mindanao, and Mindanao is captioned
as the Land of Promise, with fertile lands and rich marine resources.

Again I beg your indulgence if I say we have seen and heard that before.

The 1996 Peace Agreement, the post-agreement phase and the creation of the ARMM
are experiences that will serve as reference points in our assessment of the current process.
With regards to the aforementioned, the local governments of Sulu are seemingly holding
back on lending their full support because of the uncertainties of what awaits them and their
constituents with the imminent birth of a new regional entity, and understandably so. They
were not privy to the deliberations of the framers and crafters of the documents that will
define their future. But as stated in the Sulu Governor’s Solidarity Message, which yours truly
delivered on the Governor’s behalf a while ago, this should not be misconstrued as opposition
to the peace process. We cannot infuse reason to a mind that is dense with doubts.

Thinking back, the consultations and the public hearings on the subject at hand did not
trickle down to every nook and corner of our province and were held only at a certain level
and most times held in some venues of unreasonable distance from the very area that will be
an integral part of the new entity.

But all is not lost! At least even only now at this crucial stage of the process, the
executives of the island component provinces of the ARMM are jointly invited to speak and be
heard at this forum. I take this not as a compliment but more of a recognition on the equally
important roles Basilan, Tawi-tawi and Sulu play in the regional equation – that other half of
the region which floats like shining jewels in the embrace of the historic Sulu Sea! And so we
are emboldened to once again make our views be heard on this occasion – not to oppose the
process, but to make sure that the peace that we all aspire for through the peace process shall
be long-term and beneficial to all.

Perhaps the colonizers had a better appreciation of the realities in their engagement with
the Muslims, particularly the American regime when it created the Department of Mindanao
and Sulu, in emphasis of the distinctiveness of Sulu. But that Sulu referred to then was the
Sulu Archipelago covering Zamboanga, Basilan, Tawi-tawi, Sulu, a part of Palawan up to
Borneo, which shared common traits, character and experiences in centuries of defensive wars
against the so-called foreign invaders.

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 Challenges and opportunities

Competency resides in the National Government for they are in control of the purse
necessary to provide the infrastructures supportive of the projects and programs earmarked
for the region. We will not err if we are on the side of practicality and common sense.

After the signing of the 1996 Peace Agreement, billboards and signages were
plastered all over heralding the coming of glory days. The glorious euphoria fizzled out
simply because the horse was placed before the cart.

Development is purposive in the sense that it is pursued on what the people feel, of
the consciousness of their being. It grows out of how the people respond to their needs and
aspirations. It comes from within and not imposed. Development is not a transplant of what
is happening in other areas; and just like the human body, more often than not, there is the
case of rejection. It is expressive of what people think and feel and not what they should
think and feel.

In hindsight, Local Government Units of component provinces of the ARMM would

have been in a better and participative position now if they have been allowed to use their
mandates preparatory to the birth of the new entity, as the National Government’s conduits
to put the necessary infrastructures in place.

Maybe we should seriously ponder if the region is ready and competent enough to
implement projects in a proportion, for example, like the creation of a Halal economic zone
when the proposed territory is bereft of infrastructures, technology and knowledgeable
manpower. Are we bound to experience again the likes of BIMP-EAGA economic corridor
which benefited more the non-ARMM entrepreneurs and areas simply because no ports in
the region were equipped with the necessary facilities for such an undertaking?

Autonomy as exemplified by ARMM, is just another tier in a bureaucracy which the

local government units tediously have to wriggle their way through only to find out that
they have to repeat the same wriggling at national level where the final decision lays and
then the process will again be repeated when matters from the central government will be
passed down through the tier and finally arriving at the desk of the recipient unit, only
after precious time has been wasted. The procedure does not augur well for efficiency.
Bureaucracy has yet to find the shortest distance between two points.

I hope we can be spared of the agony of again going through years of transitory stage
of putting in place the new mechanism and political order so demanded by the new reality
while the rest of our countrymen are already advancing in their strides.

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 Questions for clarifications and enlightenment

Much has been said already of the perceived constitutional infirmities of the proposed
BBL. We will leave that to Congress to address. All we want to say is – the lawmakers must
make sure that the proposed law be in accordance with the fundamental law lest the High
Court strikes it down and force us to start all over again. The need for peace in our region is
urgent; we implore that the law must be crafted well and right to avoid any more delay.
Just the same, like many of us here, we have certain questions that need to be answered and
clarified. Thus, can we be enlightened on the following:

1. The proposed creation of regional waters (Bangsamoro waters) at the expense of

changing and slicing off the Sulu Sea and the attached historic reference to it;

2. The proposal to appoint a Wali as the titular head of the Bangsamoro government
and the historical reference for such a position when the fact remains that Wali was never
mentioned in the annals, at least as far as Sulu is concerned. In a parliamentary system, in the
example of Malaysia, in a state, the Head of State is the Sultan, and the Head of Government
is the Chief Minister;

3. Sulu is predominantly composed of the Tausug ethnic group. The other provinces
of the ARMM are composed as well of other ethnic groups, each with its own strengths and
unique characteristics. The Maranaos are predominant in Lanao del Sur, the Maguindanaons
in Maguindanao, the Samals in Tawi-tawi, and the Yakans in Basilan. Should not the ethnic
groups be adequately and fairly represented in the peace process rather than focus only on
the Maranaos or the Maguindanaons? This way, other ethnic groups will not feel excluded.
Exclusion could only fan future dissent from the excluded groups that could lead to recourse
outside of the peace process. Should not the proposed BBL envision a region that unites the
multi-ethnic groups? There can be unity in diversity;

4. Another cause of concern for the local government officials of the LGUs of the
region is what powers and privileges shall remain with the constituent LGUs of the proposed
Bangsamoro government? Under Section 7, Article VI of the proposed BBL, the authority to
regulate the affairs of the LGUs is guaranteed only within the limits of the Basic Law. On the
other hand, the privileges that the LGUs now enjoy maybe altered, modified or reformed by
the Bangsamoro Parliament.

Even the shares of the constituent LGUs in the 75% share of the Bangsamoro government
in the taxes, fees, and charges collected in their jurisdiction by the Central Government are to
be determined by the Bangsamoro Parliament (Section 12, Article XII, BBL). The power of the
Bangsamoro Parliament to alter, modify or fix could be exercised to unduly limit the privileges
and, thus, defeat the principle of autonomy on the part of the constituent LGUs;

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10 | Federalism, Autonomy and Peace: Perspectives from Sulu
 5. Another concern is: how are the governor, mayors and other local officials of the
constituent LGUs be elected under the Bangsamoro Government? Even the relationship
between the Bangsamoro Government and the constituent LGUs appears to be undefined
in the proposed BBL;

6. Is the matter of the Philippines’ claim to Sabah not deserving attention of the BBL
and the negotiators?

Conclusion

The Muslims are calling for fairness, not equality. If at this point in time they are
judged as incapable to live up to the challenge of what contemporary life demands, it is not
as simple as saying that they are indeed lacking in abilities to stand up in competition with
the rest of the more advanced segment of the national polity. The bottom line is that they
are late in the race on matters of education and competitive abilities as time and again the
situations of conflict weighed them down in the process.

We in Sulu support the passage of a law that will restore our dignity as a people,
honor the struggles of our forebears and guarantees the fact that Muslims are Filipinos, too.

Documents, like a peace agreement, where signatures attest to nothing else but the
eagerness of leaders from both sides to leave a mark on history do not make peace. It is the
appeasement of centuries of discontent which shall render more meaning to the word peace
and perhaps bestow upon the troubled land its right to live in the humanity of what all the
people of the word deserve.

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Federalism, Autonomy and Peace: Perspectives from Sulu | 11
 Shaping
Public Policy
for Peace and
Good Governance
The Institute for Autonomy and Governance (IAG) is an independent and non-
partisan think tank founded in 2001 to generate ideas on making autonomy an
effective vehicle for peace and development in the Southern Philippines. IAG
is an institutional partner of the Konrad Adenauer Stiftung in the Philippines.

KAS is in 5th floor, Cambridge Center Building, 108 Tordesillas Corner Gallardo
Street, Salcedo Village, Makati City, Metro Manila, Philippines, telephone 894-
3737.

Institute for
Autonomy and
Governance
Notre Dame University, Notre
Dame Avenue, Cotabato City,
Telefax (064)552-2071.

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