DOJ wary about safe conduct pass for Misuari, Kato

MANILA, Philippines – Is the proposal to issue safe conduct passes to rebel leaders Nur Misuari and Umra Kato legally feasible?  

Justice Secretary Leila de Lima told reporters Tuesday, September 16, she has yet to study the legal implications of the temporary suspension of the warrants of arrest for Misuari and Kato to allow them to air their sentiments on the Bangsamoro Basic Law in congressional hearings. 

Admitting that the issue is sensitive, De Lima said she could not give a clear commitment on the suggestion yet. 

“I don’t know if there is already a precedent on this case and whether there is a precedent or not, I still want to know if it can be defensible and if it is legally correct. Even if let’s say we move for the suspension of the warrant of arrest, we still don’t know if the court will allow it,” De Lima said.

Cagayan de Oro Representative Rufus Rodriguez, chairman of the ad hoc committee on the Bangsamoro Basic Law, had earlier broached the idea of a 5-day suspension of the effects of the warrant of arrest for Misuari, Moro National Liberation Front (MNLF) founding chairman; and Kato, founder of the Bangsamoro Islamic Freedom Fighters (BIFF), to allow them to participate in the deliberations. 

Rodriguez said De Lima asked him to put his request in writing since the decision rests on the court. 

The MNLF signed a peace agreement with the government in 1996. The Moro Islamic Liberation Front (MILF), which signed the peace accord that is the basis of the  draft Bangsamoro Basic Law, broke off from the MNLF in the 1970s due to differences between Misuari and other leaders. 

The BIFF, meanwhile, broke off from the MILF group after the government decided not to sign the Memorandum of Agreement on Ancestral Domain (MOA-AD), which the Supreme Court later declared unconstitutonal.

Both Misuari and Kato have rejected the peace accord between the MILF and the government.  

Misuari is facing charges over the 2013 siege of Zamboanga that killed over one hundred people. Kato, meanwhile, is facing charges over hostilities launched in 2008. 

Are the appearances of Misuari and Kato necessary? 

With the legal implications of the proposal in consideration, De Lima questioned whether it was really necessary to make Misuari and Kato appear before the committee themselves. 

“We are not sure. We need to study if there are other options to get the side of the MNLF. Do we really need Misuari’s personal appearance or a representative would suffice to articulate the position of the MNLF?  I have not given my commitment to support this proposal. My only comment is we will have to study it,” de Lima said. 

During the organizational meeting of the special House committee on the Bangsamoro Basic Law held on Tuesday, Zamboanga Representative Celso Lobregat issued a strong objection against inviting Misuari to the BBL proceedings. 

“It will send the wrong statement to the people of Zamboanga,” Lobregat said.

But Rodriguez said it was important to invite Misuari himself, who continues to be recognized by the Organization of Islamic Conference – the world’s largest Muslim body.  

Lobregat did not back down. 

“If you proceed to invite him, I will not be part of this charade,” he said.   

Out of consideration for  Lobregat’s position, Rodriguez decided to postpone voting on the proposal to invite the rebel leaders until the first committee hearing on Wednesday, September 24. 

The Bangsamoro Basic Law seeks to create a new autonomous region in Mindanao with a parliamentary form of government. 

It will have to be approved in Congress and through a plebiscite before a transition body can be set up towards the creation of the Bangsamoro government in 2016. 

Under the Comprehensive Agreement on the Bangsamoro, the MILF agreed to gradually decommission their arms in exchange for the achievement of political commitments, such as the passage of the basic law. 

Both the MILF and the government hope to install the new autonomous government before Aquino steps down from office in 2016. – with a report from Angela Casauay/Rappler.com