Tuesday, November 4, 2008

THE BANGSAMORO STRUGGLE IN THE PHILIPPINES:
Written by: DATUAN S. PANOLIMBA
North Cotabato, Philippines

Bismillaher Rahmaner Raheem. Asalamo Alaykum Warahmatullahi Wabarakatuho.

The Bangsamoro Muslims of Mindanao and its islands have fought the longest and bloodiest struggle in the entire history of mankind in the world which extends to about four hundred eighty seven (487) years already up to this writing. First, the Bangsamoro people fought, without let up, against the Spanish colonial power for 377 years from 1521 to 1898. And second, they fought a bloody war against the American imperialist from 1898 up to 1946, and against the Philippine neo-colonial power from 1946 up to the present.
In fact the present JIHAD FIY SABILILLAH waged by the Bangsamoro people is a continuation of the struggle which had been fought by their ancestors and forebears demanding for freedom and independence. The 487-year war which has been fought by the Bangsamoro is replete with historical facts.

"But what is surprising is despite of the long period of war being fought for; the Bangsamoro people are still engaged in a war for freedom and independence. The struggle which has been fought by the Bangsamoro in four hundred eighty seven years (487) had extensively covered by the Muslim historians and authors in their books such as Dr. Cesar Adib Majul in his "Muslims in the Philippines, 1973, Manila, Philippines, " Dr. Alunan C. Glang in "Muslim Secession or Integration, 1969, Quezon City, Philippines, " and Salah Jubair in "Bangsamoro: A Nation Under Endless Tyranny, 1997, Lahore, Pakistan."

THE FIRST MORO WAR:

After securing the friendship with Rajah Humabon of Cebu, Ferdinand Magellan, who led the Spanish colonial adventure in the Far East, invaded the small kingdom of Mactan in 1521. The island was then ruled by Rajah Lapu-Lapu who did not want to be a friend of foreign colonizer.

It can be noted, therefore, that Visayas before was believed under the influence if not one of the principalities controlled by the Moro Sultanate of Sulu or Maguindanao at that early period of time. See Map of Moro Sultanate, principalities and areas in Luzon, Visayas and Mindanao at the time of the arrival of Spaniards in 1521. (Source: London Library and Museum). Unfortunately, Magellan died in action on April 27, 1521 that drove the Spaniards back to the West and by such incident, they had narrated their fiasco under the hands of the native inhabitants. Thus, Lapu_Lapu stood as the first native chieftain who fought against foreign attempt to colonize the Moro homeland.
The Spanish dream had yet started so that in 1522, with Captain Sebastian Del Cano at the head of the Spanish survivors, Spain became the first circumnavigator of the globe as declared.

SPAIN'S AGGRESSION:

Crown Prince Felipe, known as King Philip II of Spain, directed Captain Miguel Lopez de Legaspi, the viceroy of Mexico, to go to the Philippine island and to make it a permanent Spanish colony. He landed at Cebu where he had established the first Spanish settlement in 1565. In 1569, he proceeded to Panay where a second Spanish settlement was created. After quelling some minor resistances staged by the native
inhabitants, he sent Captain Martin de Goiti to Luzon, particularly in Manila where a well-fortified Moro principality was located. It was ruled by Rajah Solaiman and assisted by Rajah Matanda. Tondo then was ruled by Rajah Lakandula. Records has showed that these Manila chieftains where of Bornean origin. In fact, their relationship with the Sultan of Borneo was categorized as very closed to each other. Rajah Solaiman who led the fight for freedom and independence, declared to the foreign aggressors the following words: " WE WISH TO BE THEN FRIENDS OF ALL NATIONS. BUT THEY MUST UNDERSTAND THAT WE CANNOT TOLERATE ANY ABUSE. ON THE CONTRARY, WE WILL REPAY WITH DEATH THE LEAST THING THAT TOUCHES OUR HONOR."Unfortunately, on June 3, 1571, Rajah Solaiman perished at the historic Battle of Bangkusay, a place off the coast of Tondo, but he left with a patriotic landmark in his defense of freedom and independence of the country. The next to fall, despite of a fierce defense by the native inhabitants, was the Muslim principality of Mindoro in 1574. Then came the short-lived Magat Salamat Uprising in 1587. Emerging victorious over the pockets of resistance were the Spanish conquistadors. So that within a span of 11 years, they were able to overlord the territory of Luzon and Visayas. Legaspi, who was appointed as the first Governor-General, had made Manila as the seat of Spanish colony in Luzon and Visayas, which was collectively called as "Filipinas" or "Philippine Islands" eventually."Salah Jubair succinctly wrote "it is necessary to clarify, contrary to popular perception, two important points in history: Firstly, the first group of people whom the Spaniards in 1570 called "Moros" were those in Manila and environs and not the Islamized natives in Mindanao and Sulu and secondly, the first Moro-Spanish War was not fought in Mindanao and Sulu but right in what is Metropolitan Manila.

"THE MORO-SPANISH WAR:

The 377 year of Moro-Spanish War represents an uninterrupted bloody war which had been fought by the Moros against the Spaniard's attempt to subjugate them as a people. At first, the Spaniards thought that Borneo was more of a threat to the Manila colony than the Muslims of Mindanao and Sulu. So they invaded Borneo in 1578. However, after their Bornean expedition, the Spaniards had turned their eyes on the Moros in the South, particularly, Sulu which they were suspecting of having an alliance with the Borneans. The Spanish colony towards the Moros was basically spelled out in the instructions of Governor-General Francisco de Sande to Captain Esteban Rodriguez de Figueroa in May of 1578. Figueroa was officially commissioned to subdue the Moro Sultanate of Mindanao and Sulu. It was clear then from the instructions given to him, Spain sought to achieve two things with respect to the Moros of Mindanao namely: 1. Get them to acknowledge Spanish sovereignty over their territory. 2. Promote trade with them, limiting their trade to the Philippine islands and exploring natural resources of Moro land with a view to their commercial exploitations. 3. Bring an end to Moro "piracy" against Spanish shipping, and an end to Moro raids on the Christianized settlements of the Visayas and Southern Luzon. 4. Hispanize and Christianize the Moros, along the same lines followed with respect to other lowland Filipino (Indio) groups. According to Dr Peter G. Gowing, the last line Spanish policy was the reason if not the root of the Moro's fierce resistance to the Spaniards and their Christianized Filipino allies. Capt. Figueroa was instructed to order the Moro chief not to admit any more "preachers of the doctrine of Mahomet since it is evil and false, and that of the Christianity alone is good." Ad-dressing himself to the "Lord of Mindanao, " the instruction includes: "You shall tell him that our object is that he be converted to Christianity and that he must allow us freely to preach the law of the Christians, and the natives must be allowed to go and hear the preaching and to be converted, without receiving any harm from the chiefs."Furthermore, Figueroa was instructed to ascertain who the preachers of Islam were so that they can be arrested and brought them before the Governor-general. He was also commanded to destroy any Masjeed he founded "where that accursed doctrine has been preached and you shall order that it be not be rebuilt. "As he was instructed to meet force with force and to punish the Moros as he deemed best "taking special care not to trust them.....," the Moros responded to such designs with violence and warfare. In 1596, during the initial Spanish campaign in Buhayan (Buayan) in the heart of Mindanao, Figueroa met his disastrous defeat. The erstwhile Spanish conquistador suffered death at the hands of the Moro warriors led by Datu Ubal (Mangubal in Moro tradition). The initial Spanish campaign in Mindanao had ignited and caused the series of bloody encounters between the Moros and the Spaniards, in which, it was carried up to the coming of the Americans in 1898.

MORO WARS:

In retaliation to the Spanish cruelty, the Moros had carried out the war to the Spanish settlements in Luzon and Visayas. In 1599 led by Datu Sirongan and Datu Salikula of Mindanao, the Moros raided the northern islands and return home with rich war booty including several captives. The Moro actions had created fear and anxiety among the Spanish and Filipino settlements in Luzon and Visayas. In succeeding years, the Moro buccaneers harassed Spanish shipping, and so were dubbed "pirates". But to the Moros they believed they were fighting a war in defense of freedom and independence. Thus, Sultan Kudarat I, after his ascension to power to the Sultanate of Mindanao in 1619, declared a Jihad against Spain whom he had emboldened more than ever the Moros to fight for home, country and Islam. Their expeditions carried Jihad to the coasts of Visayas and Luzon. From then on, the Moro war vessels periodically raided, killed and plunders Spanish settlements. Thus, it was dubbed really a bloody war. The Spaniards counter move was seen in their series of punitive expeditions against the Moros. The expeditions were made up of Spanish-led Christian Filipino forces. Which eventually, the Spaniards had succeeded to establish forts in Moro homeland, however, their colonies were only confined inside their fortified garrisons. They failed to subdue the Moros who were periodically attacking their forts. From the 18th up to the 19th centuries of Spanish successive engagement in the "Moro Wars", it was never followed by effective and permanent occupation of the Bangsamoro ancestral homeland. The American historian Dr. Najeeb Saleeby rightly observed that "the Moros fought for home and country, for freedom to pursue their religion and way of life, and for liberty to rove the seas whichever they would." For over 300 years, they had made a shamble of Spain's Moro policy. Even with the importation of Spanish war vessels in the middle of the 19th century did not stop the Moro raids of Spanish and Filipino settlements of Visayas and Luzon. Despite of being guerilla fighters, the Moro exacted a heavy toll of casualties, however, when entrenched in their 'cota' (fort) they simply could not be rooted out. When situation demanded they would have readily killed their wounded and gave no quarter to the Spanish and Christian Filipino enemy. They fought ferociously, and their usual tactic was to wear down the attackers, obliging them eventually to withdraw. At the close of the 19th century, the Spanish colonial power in Luzon and Visayas was threatened by the Filipino Revolution of 1896 and the coming of the American colonial power in 1898. Subsequently, the Treaty of Paris was concluded on December 10, 1898 between the United States of America and Spain wherein the latter had ceded to the Americans her former colony in Mexico, Honolulu and the Philippine Islands with the amount of $20 million. With this treaty, the Spaniards abandoned their colony in the north by virtue of the Treaty of Paris. So that the Moros of the south remained a free and independent people. Thus, they were not subjugated by their conquistadors.

AMERICAN AGGRESSION:

The Bangsamoro people of Mindanao were already enjoying freedom and independence when the Filipinos declared a revolution against Spain in 1896. When the Americans arrived in the Philippine islands in 1898, the Philippine Revolution was already in progress in Luzon and Visayas. The so called "Spanish-American war" was also nearing its end. For instance, Commodore George Dewey, commanding the American naval flotilla, defeated the Spanish Pacific Squadron during "Battle of Manila Bay" on May 1, 1898. Subsequently, the United States of America assumed the authority in the Philippine Islands by virtue of the Treaty of Paris on December 10, 1898. But the Filipinos, who declared the independence of the First Philippine Republic on June 1, 1898, had to fight a new imperialist power.

Maverick as it was, the Americans sought the forging of the Bates-Kiram Agreement on August 20, 1899 with a view to neutralizing the Moros of the south while they were still engaging the forces of President Emilio Aguinaldo in the north.

After three years of Filipino-American war, the Americans were able to crush the Philippine revolution and declared a general amnesty in 1902. The Americans, after having a unilateral abrogation of the Bates-Kiram Agreement, had now turn their eyes to the Moros of Mindanao.

In May 1899, the first US Army contingent landed in Jolo, Sulu. The US troops had also occupied Zamboanga on November 16 and followed the Cotabato areas in December. This began the American occupation of Mindanao which ended in May 1920 when the Department of Mindanao and Sulu was abolished as a government unit.

MORO-AMERICAN WAR:

For all practical reasons, the American occupation of the Moro land was a direct affront to the freedom and independence of the Moros. The lesson from the Spanish policy of subjugation was still fresh in the minds and hearts of the Moros. With the Americans, the Moros have had similar views, as a threat, and a change of colonial master which had the same intention with that of their predecessor, that is, to subjugate them as a people.

Thus trouble had erupted as early as May 1899. But this time, the next generation of Moros took the cudgel. Soon various confrontations flared up in Mindanao and Sulu. This led J. Ralston Hayden, an American writer, to note that "never during the entire continental expansion of the United States had armed encounters been as frequent and serious as that between the Moros and American troops."

The Moros' determination to defend their religion and country had prompted the American colonizers to comment that "THE ONLY GOOD MORO IS A DEAD MORO." Record has showed that there were at least 20,000 Moros who were killed in action from 1899 to 1916. From 1904 to 1906 alone, the Moros suffered about 3,000 killed as against 70 Americans.

Large-scale engagements were recorded between the American troops and the Moro warriors in several parts of Mindanao and Sulu from 1902 to 1935. The most serious were those staged by Panglima Hassan, Datu Ali, Datu Ampuan
Agaus and Jikiri.

Shortly after the establishment of the Philippine Commonwealth Government on November 15, 1935 with Manuel L. Quezon as the first President, the Moros had viewed it as the transfer of colonial government to a new master. It could be noted, therefore, that Mindanao and Sulu were forcefully annexed to the Commonwealth government. Again, the Moros rose in arms in defense of their freedom and independence.

The most serious armed rebellion that took place in Mindanao was happened in June 1936. It was spearheaded by Hadji Abdulhamid Bungabong of Unayan, Lanao del Sur and lasted for several years. The Moros fought gallantry and heroically in a series of wars called "COTA WARS". The grievances were contained in a petition letter sent to the President of the United States of America. The issues presented were:

1. Moros had become second class citizens.

2. The Moro Province be segregated once independence is given to the Filipinos.

3. Acquisition of lands in the Moro Province be reserved for the Moros.

4. Islam must not be curtailed in any manner.

The uprising lasted until the dawning of the Japanese interregnums in 1941. The Moros were once again caught in the crossfire between two colonial masters. But now between the Americans and the Japanese which saw its peak from 1942 to 1945.

PARLIAMENTARY STRUGGLE:

In 1946 it saw the final annexation of the Moro land to the new Philippine Republic. Historians, in the likes of Salah Jubair, have succinctly observed that "The U.S. colonial government and the succeeding Filipino neo - colonial power have utterly failed to stamp out Moro resistance. But they have succeeded in rendering the Moro traditional power structure effete and almost obsolete."

"The main casualties were the sultans and datus, whose authority had been squelched to the extent, that they had become mere symbols of the past and mute relics of history," he pointed out. "The sultan-people direct dealing, " he continued "has been almost severed and , to get rid of the evils of dual rule, meaning sultan and government ruling simultaneously, the Commonwealth government directed all state-installed officials in 1936 to take over the roles so far exercised by the sultans and datus."

Elaborating that the disintegration of the traditional socio-political order and the ever-tightening imposition of the secular-materialistic concept of life bequeathed by the Americans, Salah Jubair said that it has created an extensively difficult situation for the Moros. Consequently, those who were won over to the American side, freely or under duress, were the ones who with their pens, slogans and orations adopted and pursued the parliamentary or unarmed way of struggle.

These crops of Moro intellectuals asked the United States government to separate the Moro Province, either as colony or as independent state. Singly or in chorus, they unanimously refused to join the Filipinos in their demand for independence. It was true that they did not succeed, neither did they achieve anything of consequence in terms of the real liberation of the Moros-that obviously, was already fore doomed from the start.

But there is no gain slaying the fact that they did their best in their own way. Yet, on the other hand, by following the unarmed way of struggle, they were deeply entangled into the Americans cobweb and continued to become subservient to the whims and caprices of the new colonial masters.

Failing to achieve their aspiration to be free and independent during the American colonial days, the Moro parliamentary struggle dragged to the post-war Philippine administrations. Couple with some isolated disturbances, armed clashes between Moro warriors and government troops were reported in various parts of Mindanao.

The off-and-on armed skirmishes continued to plague the countryside in open defiance of government authorities. Whatever it may said about the post-war pocket uprisings in Mindanao and Sulu, it could be attributed to the fact that the Moros have never abandoned their desire to be free and independent from the clutches of neo-colonialism in their sacred and ancestral homeland. Nurtured by socio-cultural discrimination, the most known of these uprisings were those led by Kamlon Hajji, Abdulmajid Panondiongan, Tawantawan and Hadjal Uh. It took billions of pesos from the national coffers in quelling these insurrections.

Such that amid cries of national neglect and apathy, Congressman Ombra Amilbangsa of Sulu Province had gone to extent of sponsoring a bill in Philippine Congress in 1961 which sought to declare the independence of the Province of Sulu from the Philippine Republic. The Moro solon was disgusted by the chronic ills and inequities prevalent in the Philippine society where the Moros were the direct victims. His bill did not merit the attention of his colleagues in Congress and his move was simply dismissed as a "drama" or "attention-calling."

MORO STRUGGLE CONTINUED:

In 1968, the then Governor Datu Udtog Matalam of the empire Cotabato Province created the Mindanao Independence Movement (MIM) seeking the separation of Mindanao, Sulu, Basilan, Tawitawi and Palawan from the Republic of the Philippines and to establish an Islamic State in the sacred and ancestral homeland of the Bangsamoro people. But the dream and aspiration of the grand old man of Cotabato failed.

Finally in 1972, the Moro National Liberation Front (MNLF) and its military wings, the Bangsamoro Army led by Prof. Nur Misuari went public declaring armed struggle as its principal instrument in the formation of a Bangsamoro Republik encompassing Mindanao, Sulu, Basilan, Tawitawi and Palawan. It sought to liberate Moro people and homeland from Philippine colonialism.

The reverberating sounds of the firearms and mortars of the Bangsamoro Revolution
led by the Moro National Liberation Front (MNLF) pressured the Philippine government under the then dictator President Ferdinand Marcos to entered into an agreement with the MNLF leadership in December 23, 1976. The agreement was known as "Tripoli Agreement of 1976." It sought to establish an autonomous government for Muslims in South of the Philippines under its sovereignty and territorial integrity. But Pres. Marcos grossly violated the letter and spirit of the entire agreement.

When President Corazon (Cory) Aquino catapulted to the Philippine presidency in 1986 because of the Peoples Power Revolution against Pres. Marcos, she created the Autonomous Region Muslim Mindanao (ARMM), but still failed to finally solved the Bangsamoro problem in Mindanao and its islands. Until in 1992, when President Fidel V. Ramos became president of the Philippines after President Cory Aquino, his government negotiated with the MNLF leadership which resulted to the creation of Southern Philippine Council for Peace and Development (SPCPD) on September 2, 1996. But still the Bangsamoro dream of freedom and independence became more obscure. It was because of the fact that all agreements entered by and between the MNLF and GRP are only a showpiece of the Philippine government in order to smokescreen the oppression, colonization, exploitation and extermination of the Bangsamoro people. This regional set-up of government is nothing but an adjunct of the Filipino colonial government. It is being used by the Philippine government to further fortify the Filipino colonialism over the Bangsamoro people and their ancestral homeland.

So that when the MNLF leadership compromised the liberty and independence of the Bangsamoro people in December 1976, the Moro Islamic Liberation Front (MILF), chaired by the late Ameril Mujahideen Ustadz Salamat Hashim went public assuming and leading the JIHAD FEY SABILILLAH of the Bangsamoro people for final liberation, freedom and independence, nsALLAH SUBHANAHO WA'TAALA.
Late Ustadz Salamat Hashim, then Ameril Mujahideen and Chairman, Central Committee of the Moro Islamic Liberation Front (MILF) said and we quote, "Any solution less than full independence of the Bangsamoro people will not work. Past experiences since the be-
ginning of the annexation of the Bangsamoro homeland to the Philippines in 1935, have proven that the Bangsamoro Muslims could not live a normal life under a corrupt and secular government and that the two nations, the Bangsamoros and the Filipinos, could not get along with each other because of their distinct religions, customs and traditions. It will be for the best interests of the Bangsamoros and the Filipinos if both are free" and quote.

Wasalamu Alaykum Warahmatullahi Wabarakatuho.
Home Columns Atty. Lanang Ali What we should know about Land tenure as a mode of holding property known as the “Regalian Doctrine” applied in Mindanao?
What we should know about Land tenure as a mode of holding property known as the “Regalian Doctrine” applied in Mindanao?
Friday, 24 October 2008 07:40 administrator
Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. History tells us that the King of Spain had not exercised said Royal rights or prerogative the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money within the Bangsamoro homeland. The Regalian doctrine of acquiring land or any of the patrimony of the Bangsamoro people for having originated will never be welcome to the Bangsamoro people. The Bangsamoro people has completely disregarded the theory of jura regalia, for it is nothing more than a natural fruit of conquest of the neighboring Visayas and Luzon.
The term land tenure denotes a mode of holding property. During the Middle Ages, to the West, like in Spain, theoretically, all land is owned by the Crown and all who are possessed of land hold the same absolutely for the Crown as there was no division of the Church and State. In England, similarly, all land is owned by the English Crown and all who are possessed of land hold the same mediate or immediately of the Crown. The possession of land by a subject is called tenure which may be in capite or in chief, that is, he tenant may hold the land directly from the Crown or it may be mesne tenure where he holds the land from another subject. While the Crown had dominion of the soil, the tenant had the right to the possession thereof (tenure). The tenant’s right to the use of the profits of the soil was “seisin“.

Before the signing of the Treaty of Paris on April 11, 1899, or to be more accurate, even before coming of Spaniards or of Western Powers, theologically, in Islam, the Moro Sultans, as Vice gerent of Allah in this part of Mindanao were the care-takers of all lands in Mindnao, Sulu and Palawan exclusively for the Bangsamoro people, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultanate, hence, private ownership of land could only be acquired through Moro royal concessions.

Comparatively speaking, land tenure as practiced in Islam is essentially similar or akin to the land tenure in capite or in mesne as practiced in England. Since we are talking here of land, Allah had reminded the Sultan and His subjects alike that all bounties proceed from Allah. These bounties from Allah may be in the form of food, clothing, houses, gardens, wealth, land e.g. influence, power, birth and the opportunities flowing from it, health, talents, etc., e.g., into good and evil, understanding of men, the capacity for love, etc. The Moro Sultans and the Bangsamoro people are to use the land in humility and moderation. But they are also to give out of every one of them something that contributes to the well-being of others. They are to be neither ascetics for luxurious sensualist neither selfish misers nor thoughtless prodigals. Since many Bangsamoros are devout Muslims, I recommend land tenure as practiced in Islam in areas where Muslims are predominant, otherwise, I recommend the English practice. In areas where the relics of feudalism or the like of it apparent or still strong; a new law on land tenure following our culture, customs and traditions may be enacted therefor.

Regalia: Royal rights which a King has by virtue of his prerogative. These include the power of judicature, of life and death, of war and peace over abandoned or ownerless goods and minting of money. Thus, under the Regalian Doctrine, all lands of the public domain belong the State, which is the source of any assorted right of ownership of land. (Seville vs. National Development Corporation 351 SCRA 112)

Before the Treaty of Paris on April 11, 1899, Filipino lands, whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Spanish Crown, hence, private ownership of land could only be acquired through royal concessions. (Palomo Court of Appeals 266 SCRA 942) hence private ownership of land whether agricultural, mineral or forest were under the exclusive patrimony and dominion of the Moro Sultan. Land titles did not exist in the Moro people and other indigenous peoples’ economic and social system – the concept of individual land ownership under the civil law is alien to them. On March 2, 2000, the Negotiating Parties had signed a Joint Communique wherein the Parties agreed to cluster the Agenda items into six (6) aggrupations, namely:

1.Ancestral Domain/ Agrarian Related Issues;
2.Destruction of Properties and Victims of War/ Displaced and Landless Bangsamoro;
3.Human Rights issues;
4.Social and Cultural Disdrimination/ Corruption of the Mind and Moral Fibre;
5.Economic Inequities and Widespread Poverty;
6.Exploitation of Natural Resources.

All the above aggrupations are of prime importance, priority to the Bangsamoro people who are in dire need of land to start a living being farmers, however the members belonging to the second aggrupation must be given top priority in all aspect of rehabilitation.
Suppression and denial
Sunday, 02 November 2008 01:47 administrator
(November 1-5)


Unlike other countries, which are more progressive and peaceful, the Philippines continues to insist on a policy based on suppression of people’s legitimate political aspirations and denial of facts related to, even if they are already too self-evident. Ask Filipino leaders (with some exceptions) about Moros’ right over Mindanao, their answers invariably would be: “The Moros have no such rights.” Where did they get such answer? Are they aware that the word “Mindanao” is a Maguindanao word for “an inundated land” and then applied to the whole island of Mindanao, being the domain of the Maguindanao Moros through the Sultanate of Maguindanao? It is precisely in Cotabato City and adjacent areas where this word had originated long before the coming of the Spaniards, because during wet season much of the land is flooded.


These leaders cursed the Moros for having “secessionist ambition”, thus the death of the GRP-MILF Memorandum of Agreement on Ancestral Domain (MOA-AD) in the hands of the Supreme Court of the Philippines. Former Senator Franklin Drilon argued that the Bangsamoro Juridical Entity (BJE) should not be granted at all, saying it has the elements of state. Mind you, Mr. good senator, even a barangay has that elements: people, territory, and governance. But like it, the BJE has no sovereignty. Why the fuss, therefore?

Extreme denial of people’s aspiration or rights would on the contrary force them to resort extreme measure like “secession” or at least, force them to arm and defend themselves. The necesary offshoot would be that the war in Mindanao would go on for centuries. The Moros may not win the war, but the least that can happen is that the Philippines would stay underdeveloped forever.

After the last world war, the Philippines ranked second to Japan in economy. Malaysia then was still in British hands. But after barely over 50 years since, Malaysia has overcome the Philippines. In fact, some said correctly or otherwise, Malaysia is ahead of the Philippines by 50 years. Why? The answers are: Malaysia had solved its internal problem related to the communist insurgency and let go Singapore, which are both Chinese-based problems.

If the Moros want to secede, they can do it without North Cotabato vice governor Emmanuel Pińol agreeing. Kosovo became independent despite the opposition of Russia, a superpower. But the MOA-AD is not about secession; it is not about independence. None of this. It is precisely how far the principles of sovereignty and right to self-determination, both enshrined in the United Nations Charter and other international conventions, can compromise. But the MOA-AD is the key to solving the Bangsamoro Problem, which the GRP and MILF peace negotiators agreed to zero-in their “problem-solving” negotiation. Now that it was succesfully shot down by Mindanao and Manila oligarchs, what is the alternative? Talking senseless and endlessly?

Better for these spoilers to think of alternative or war becomes the alternative, as what the Arroyo dispensation is now doing in Mindanao.

Wednesday, June 11, 2008

Political System in Islam

By: MR. DATUAN S. PANOLIMBA of The Bangsamoro Homeland, Philippines.

Bismillaher Rahmaner Raheem...
Asalamo Alaykum Warahmatullahi Wabarakatuho:

Unlike the democratic system, which is based on the ‘people’s will’ and authority as the only source of legislation, the Islamic system is based on the concept of Tawhid, (oneness of God) and ‘adalah (justice) and the legislations of ALLAH alone. Thus, Islam altogether repudiates the philosophy of popular sovereignty and rears its polity on the foundations of sovereignty of God (ALLAH) and the vicegerency(khilafa) of man (Maududi, 1969).
Islam is a unique religio-political system in its own right. The basic tenets of the Islamic political system are justice and equality (musawah), not only for the Muslims subjects but for every individual who lives within this system regardless of what UMMAH (Muslim Ummah, Jewish/Christian Ummah, etc.) he is from. According to Faruqi (1979), the Islamic State is only a state but a World Order, with a government, court, constitution, and army. Internally, the Islamic State cannot tolerate any encroachment of one Ummah on another. Its main duties toward all are to keep the peace, to run the public services, to defend the totality, and to protect the rights and privilege of the people and their Ummahs (community) which make up the state.
Externally, the Islamic State is ideological. It aspires to extend it self to envelop the whole world. It approaches other states, tribes, nations or group for the purpose of their entering an Ummah within the state of Islam. This does not mean-the entry of a state’s people into the Islamic religion, or any change of any institution which has hitherto prevailed within it. Nor does it mean any alteration of its economic arrangement of the political sovereignty of its kings, government or governmental institutions. All these will remain absolutely intact and will be protected and guaranteed.
Its entrance into the Islamic State means only that its relations with that state will henceforth be peaceful, that neither state will wage war against the other. It also means that a state entering the Islamic State will agree not to live in isolation from the rest of humanity, (Faruqi, 1979:65)
As far as other states are concerned, and from the point of view of the Islamic State, to enter it is to decide on peaceful intercourse with one’s fellow man and to denounce war between the Ummahs once and for all. But not to enter it, it appears to the Muslims, means either intended isolation or war and aggression. “That is why Muslim theorists have called the Islamic State” The House of Peace”, a real world order. All that lies outside of it is called “The House of War”. Entrusted to carry out this world plan, the Islamic State cannot rest until it succeeds in establishing this world order, (Faruqi, 1979:65)
According to Faruqi (ibid,:67), Force is not to be in the hands o any Ummaah, not even the Muslim Ummah. It is to be in the hands of the Islamic State or ‘world order’ exclusively. The Islamic State never binds people to its citizenship against their will. They are always free to move out, together with all their people, relatives, dependents and everything they possess.
The Islamic State is thus ‘not an exclusively Muslim State, but a federation of Ummahs of different religions, cultures and traditions, committed to live harmoniously and in peace with one another.
In the final analysis, one can see the difference between western political theory and Islamic political theory. While the former defines the state in terms of four elements-territory, people with common features, government and sovereignty, the later believes it can exist without a territory, as well as devoid of definite boundaries, indeed,
Islam asserts that the territory of the Islamic State is the whole earth, or better the whole cosmos since the possibility of space travel is not too remote… Its citizenry include all those humans who agree to live under the auspices of the Islamic State because they approve of its order and policies. (Faruqi, 1979, 61-2).

Wassalamo Alaykom Warahmatullahi Wabarakatuho… Mr. Datuan S. Panolimba…….

Saturday, June 7, 2008

HUMAN RIGHTS IN ISLAM

Written by:
DATUAN SOLAIMAN PANOLIMBA-
North Cotabato, Philippines         

Bismillaher Rahmaner Raheem. Asalamu Alaykum Warahmatullahi Wabarakatuho.

Since ALLAH (S.W.T.) is the  Absolute and the Sole Master of men and the universe, HE is the sovereign Lord, the Sustainer and Nourishes, the Merciful, Whose mercy enshrines all beings; and since HE has given each man human dignity and honor, and breathed into him of His own spirit, it follows that, united in Him and through Him, and apart from their other human attributes, men are substantially the same and no tangible and actual distinction can be made among them, on account of their accidental differences such as nationality, color and race. Every human being is thereby related to all others and all become one community of brotherhood in their honorable and pleasant servitude to the most compassionate Lord of the Universe. In such a heavenly atmosphere, the Islamic confession of the oneness of God stands dominant and central, and necessarily entails the concept of the oneness of humanity and the brotherhood of mankind.      Although an Islamic State may be set up in any part of the Earth, Islam does not seek to restrict human rights or privileges to the geographical limits of its own state. Islam has laid down some fundamental rights for humanity’s as a whole, which are to be observed and respected under all circumstances whether such a person is resident within the territory of the Islamic state or outside it, whether he is at peace with state or at war. The Glorious Qur’an very clearly states: ﻟبﺲﻢﺍﷲﺍﻠﺮﺤﻤﻦﺍﻠﺮﺤﻴﻢ:  ﻴﻠﻴﻬﻠﺍﻠﺰﻴﻦﻠﻤﻦﻮﺍﻜﻮﻦﻮﺍﻗﻮﻤﻴﻦﷲﺸﻬﺪﺍﺀﺐﻠﻗﺴﻄ. ﻮﻼﻴﺠﺮﻤﻦﻜﻤﺸﻦﻠﻦﻗﻮﻤﻋﻞﻰﻠﻼﺖﻌﺪﻝﻮﺍٔ ﺍﻋﺪﻞﻮﺍُھﻮﻠﻗربﻠﻝﺖﻮﻯٔﻮﺍﺖﻗﻮﺍﺍﷲٔٳنﺍﷲخبيرُبﻤﻠﺖﻊﻤﻞﻮﻦﮦ. Bismillaher  Rahmaner Raheem : Yaa ayuhallazi na aamano kuwnuw kawwa miy na lillahi suhada abilkhisthi. Wala yangri ninnakum sanaa aanukawmin ngalaa, Alla tangdilow.Huwa akrabuw littakwa, wattakullah.Innallaha khabiyron, bimaa tangmalown  (O ye who believe! Stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to make you swerve, to wrong and depart from justice. Be just: that is next to Piety: and fear God. For God is well-acquainted With all that ye do). (Sura V, verse 9).      Human blood is sacred in any case and cannot be spilled without justification. And if anyone violates this sanctity of human being by killing a soul without justification, the Glorious Qur’an equates it to the killing of entire mankind. Whose slays a soul not to retaliate for a soul slain, nor for corruption done in the land, should be as if he had slain mankind altogether. It is not permissible to  oppressed women, children, ole people, sick or the wounded. Women’s honor and chastity are to be respected under all circumstances. The hungry person must be fed, the wounded or sick be medically treated irrespective of whether they belong to the Islamic State or are from amongst its enemies.      When we respect of human rights in Islam, we really mean that these rights have been granted by ALLAH (S.W.T.). It is not granted by any king or by any legislative assembly. The rights granted by the kings, or the legislative assemblies, can be withdrawn in the same manner in which they are conferred. The same in the case with the rights accepted and recognized by dictators. They can confer them they please and withdraw when they wish. They can openly violate them when they like it. But since in Islam, human rights have been conferred by ALLAH (S.W.T.), no legislative assembly in the world or any government on earth has the right or authority to make any  amendment or change in the rights conferred by ALLAH (S.W.T.).  No one has the right to abrogate or withdraw them. Nor are they basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.      The charter, proclamations and resolutions of the United Nations cannot be compared with the rights sanctioned by ALLAH (S.W.T.). It is because the former is not applicable on every believer. They are part and parcel of the Islamic faith. Every Muslim or administrators who claim themselves to be Muslims, will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been granted by ALLAH (S.W.T.) or make amendments and changes in them, or practically violate them while paying lip service to them, the verdict of the Glorious Qur’an for such government is clear and unequivocal: ﻠبﺴمﺍﷲﺍﻠرﺤﻤﻦﺍﻠرﺤﻴمﻩ ﻮﻤﻦﻞمﻴﺤﻜمبﻤﻠﻠﻦﺬﻞﺍﷲﻔﻠﻮﻞﺀﻚﻫﻤﺍﻞﻜﻔﺮﻮﻦﮦ ﻈﻞﻤﻮﻦﻩ ﻔﺴﻗﻮﻦﻩ  Bismillaher Rahamner Raheem… Wa mallam yakkom bimaa anzallallaho faho laaika homol khaafirown, dhaalimown, faasikown, (And if any fail to judge by the light of what ALLAH (S.W.T.) Hath revealed, they are no better than unbelievers, wrong-doers, and rebellious). (Sura V,verse 47,48,50).HUMAN RIGHTS IN AN ISLAMIC STATE:1. The Security of Life and Property: In the address which  Prophet Muhammad (S.A.W.) delivered on the occasion of the Farewell Hajj, he said, “ Your life/lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection”. The Prophet has also said about  the dhimmis(the non Muslim citizens of the Islamic State), “One who kills a man under covenant(i.e., Dhimmi)will not even smell the fragrance of Paradise”.2. The Protection of Honour: The Holy Qur’an lays down. “You who believe, do not let one(set of ) people make fun of another set.i. do not defame one anotherii. do not insult by using nicknameiii. do not backbite or speak ill of one another (Sura 49, v.11-12).                                                                                              3. Sanctity and Security of Private Life: The Qur’an has laid down the injunction-i. do not on one anotherii. do not enter any houses unless you are sure of their occupants’ consent.4. The Security of Personal Freedom: Islam has laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defense is not permissible in   Islam.5. The Right To Protest Against Tyranny:  Amongst the rights that Islam has conferred on human beings is the right to protest against government’s tyranny. Referring to it the Qur’an says, “ God Does not love evil talk in public unless it is by someone who has been injured thereby”. In Islam, it has been argued earlier that all power and authority belongs to ALLAH (S.W.T), and with man there is only delegated power which becomes a trust; every who becomes a recipient or a donee of such a power has to stand in awful reverence before his people towards whom and for whose sake he will be called upon to use these powers. This was acknowledged by Hazrat Abu Bakr who said in his very first address;” Cooperate with me when I am right but correct me when I commit error; obey me so long as I follow the commandments of ALLAH and His Prophet; but turn away from me when I deviate”.6. Freedom of Expression:  Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for propagation of virtue and truth and not for propagation of evil and wickedness. The Islamic concept of freedom of expression is much superior to the concept prevalent in the Western countries. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive and offensive language in the name of criticism. It was the practice of the Muslims to inquire in the Holy Qur’an whether on a certain matter a divine injunction had been revealed to him. If he said that he had received no divine injunction, the Muslims freely expressed their opinion on the matter.7. Freedom of Association: Islam has given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules.8. Freedom of Conscience and Conviction:  Islam has laid down injunction, “ There should be no coercion in the matter of faith. On the contrary, totalitarian societies totally deprived the individuals of their freedom. Indeed, this undue exaltation of the state authority curiously enough postulates a sort of servitude, of slavishness on the part of man.  At one time by slavery was meant total control of man over man, Now, that type of slavery has been legally abolished but in its place, totalitarian societies impose a similar sort of control over individuals.9. Protection of Religious Sentiments:  Along with the freedom of conviction and freedom of conscience, Islam has given the right  to the individual hat his religious sentiments will be given due respect and nothing will be said or done which may encroach upon his right.10. Protection From Arbitrary:  Imprisonment: Islam recognizes the right of the individual that he will not be arrested or imprisoned for the offenses of others. The Holy Qur’an has laid down this principle clearly: “ No bearer of burdens shall be made to bear the burden of another”.11. The Right To Basic Necessities of Life:  Islam recognized the right of the needy people that help and assistance will be provided to them, ALLAH (S.W.T.) says in the Qur’an, “And in their wealth there is acknowledged for the needy and destitute”.12. Equality Before Law;  Islam gives its citizens the right to absolute and complete equality in the eyes of the law.13. Rulers Not Above the Law;  A woman belonging to a high and noble family was arrested in connection with theft. The case was brought to the Prophet of Islam Muhammad (S.A.W.), and it was recommended that she might be spared the punishment of theft. The Prophet of ALLAH replied, “ The nations that lived before you were destroyed by God because they punished the common-man for their offenses and let their dignitaries go unpunished for their crimes. I swear by HIM WHO holds my life in His hand that even if Fatima, the daughter of Muhammad (S.A.W.), had committed this crime, I would have amputated her hand”.14. The Right To Participate in the Affairs of the State ** *ﻠبسﻢ۱ﷲ۱ﻠﺮﺤﻤن۱ﻠﺮﺤﯿﻢ*ﻮ۱ﻤﺮﻫﻤﺴﻮﺮۍبﯿنﻫﻢ                             * Bismillaher Rahmaner Raheem: Wa amrohom                      suurah       baynahum (And their affairs is conducted by mutual consultation among themselves) of the Glorious Qur’an. The shurah or legislative assembly has no other meaning except that the executive head of the government and members of assembly should be elected by free and independent choice of the people.                 Lastly, it is to be made clear that Islam tries to achieve the above-mentioned human rights and many others not only by providing certain legal safeguards but mainly by inviting mankind to transcend the  lower level of animal life to be able to go beyond the           mere ties fostered by the kinship of blood, racial                     superiority, linguistic arrogance, and economic privileges. It invites mankind to move on to a plane of existence where, by reason of his inner excellence, people can realize the ideal of the brotherhood of man.          Wasalamu Alaykum Warahmatullahi Wabarakatuho..

Thursday, January 17, 2008

BRIEF HISTORICAL BACKGROUND OF THE BANGSAMORO STRUGGLE IN THE PHILIPPINES:

Written by: DATUAN S. PANOLIMBA
North Cotabato, Philippines

Bismillaher Rahmaner Raheem...Asalamu Alaykum Warahmatullahi Wabarakatuho.

The struggle of the Bangsamoro Muslims of the Philippines for their right to self determination against foreigner domination is the longest and bloodiest struggle in the entire history of mankind in the world which extends to about four hundred eighty nine (489) years already up to this writing. First, the Bangsamoro Muslims fought, without let up, against the Spanish colonial power for 377 years from 1521 to 1898. Second, they fought a bloody war against the American imperialist from 1898 to 1946, And third, they are still fighting against the Philippine neo-colonial power from 1946 up to the present. For 489 years, the Bangsamoro people fought foreign colonizers and earned the distinction of remaining unconquered.

But in that long period of glorious struggle was also planted and nurtured the seeds of Christian chauvinism which was to become a major aggravating factor in the present oppressed and exploited state of the Bangsamoro Muslims of the Philippines.

The gallantry and defenses of the Moro freedom fighters (Mujaheddin), have been maintained by them despite the immensely superior forces of the Spaniards, Americans and Filipino invaders. Arrogantly considering themselves ( The Bangsamoro people) as the rightful owners of the Philippine Islands before the arrival of foreign colonizers in 1521, these aggressive foreign invaders proceeded to govern in utter disregard of the right to self determination and independence of the Bangsamoro people.

Seeing Mindanao and its islands as a infinite source of raw materials, they proceeded to distribute lands in accordance with American colonial laws. Military power was employed efficiently to discouraged armed oppositions. At first this was made up of U.S. troops, later of American-led Philippine Scouts and Philippine Constabulary.

Being now all colonial subjects, the people of Mindanao and its islands were treated as if they belonged to one nation, differing only in levels of development
and of culture. They did not of course hide their distaste for Moros and other tribal
groups whom they promptly labeled as uncivilized. Assimilation into one Philippine body politic was the main objective. Whether they were unconquered in the Spanish days or not, these people, the Moros and the Highlanders, were molded to become Filipinos.

There was widespread opposition to American rule from among the native inhabitants of Mindanao. For their part, the Moro people combined both armed and unarmed protested to local and foreigner domination's.

On at least two occasions, in 1921 and 1935, the top Datus of the Moro people
petitioned the U.S. President to treat them and their people differently from the rest of the Philippine inhabitants. But to no avail. They were assimilated into the Filipino nation and have remained so to this day.

With the creation of the Commission on National Integration (CNI) in 1957, the
status of the Bangsamoro people as cultural minorities was formalized.

But a people conscious of their right and dignity, nurtured by long years of struggle against Spanish incursions, succumbed only temporarily to external forces of dominations. Shortly, the fight to self determination was resumed.

In 1961, Congressman Ombra Amilbangsa of the Province of Sulu, filed a bill at the House of Representatives, Congress of the Philippines seeking the separation of Sulu archipelago from the Philippine Republic. But sad to note, it was given no hearing in the Philippine Congress.

Seven years later, in 1968, Datu Udtog Matalam, Governor of the empire province of Cotabato created the Mindanao Independence Movement (MIM) seeking the separation of Mindanao, Sulu, Basilan, Tawi-tawi and Palawan from the Republic of the Philippines and to establish an Islamic State in the sacred and ancestral homeland of the Bangsamoro people. But the dream and aspiration of the grand old man of Cotabato failed.

Finally in 1972, the Moro National Liberation Front (MNLF)and its military wings, the Bangsamoro Army led by Prof. Nur Misuari went public declaring armed struggle as its principal instrument in the formation of a Bangsamoro Republik encompassing Mindanao, Sulu, Basilan, Tawi-tawi and Palawan. It sought to liberate Moro people and homeland from Philippine colonialism.

The reverberating sounds of the firearms and mortars of the Bangsamoro Revolution led by the Moro National Liberation Front (MNLF) pressured the Philippine government under the then President Ferdinand E.Marcos to entered into an agreement with the MNLF leadership in December 23, 1976. The agreement was known as "Tripoli Agreement of 1976". It sought to establish an autonomous government for Muslims in South of the Philippines under its sovereignty and territorial integrity. But Pres. Marcos grossly violated the letter and spirit of the agreement.

When Pres. Corazon (Cory) Aquino catapulted to the presidency of the Philippines in 1986 because of the Peoples Power Revolution against Pres. Marcos, she created the Autonomous Region in Muslim Mindanao (ARMM), but still failed to finally solved the Bangsamoro problem in Mindanao and its islands. Until in 1992,when Pres. Fidel V. Ramos became Philippine president after Pres. Cory Aquino, his government negotiated with the MNLF leadership which resulted to the creation of Southern Philippines Council for Peace and Development (SPCPD) in September 2, 1996. But still the Bangsamoro dream of freedom and independence became more obscure. It was because of the fact that all agreements entered by and between the MNLF and GRP are only a showpiece of the Philippine government in order to smokescreen the oppression, exploitation, colonization and extermination of the Bangsamoro people. This regional set-up of government is nothing but an adjunct of the Filipino colonial government. It is being used by the Philippine government to further fortify the Filipino colonialism over the Bangsamoro people and ancestral homeland.

So that when the MNLF leadership compromised the liberty and independence of the Bangsamoro people in December 1976, the Moro Islamic Liberation (MILF), chaired by the late Ameril Mujahideen Ustadz Salamat Hashim went public assuming and leading the JIHAD FEY SABILILLAH of the Bangsamoro people for final liberation freedom and independence, NsALLAH SUBHANAHO WATAALLAH.

Late Ustadz Salamat Hashim, then Ameril Mujahideen and Chairman, Central Committee of the Moro Islamic Liberation Front (MILF) said and we quote " Any solution less than full independence of the Bangsamoro people will not work. Past experiences since the beginning of the annexation of the Bangsamoro homeland to the Philippines in 1935, have proven that the Bangsamoro Muslims could not live a normal life under a corrupt and secular government and that the two nations, the Bangsamoros and the Filipinos, could not get along with each other because of their distinct religions, customs and traditions. It will be for the best interests of the Bangsamoros and the Filipinos if both are free" and quote"

Wasalamu Alaykum Warahmatullahi Wabarakatuho.

Freedom Fighters Holding Lines