Danilo Reyes [Philippines office, Asian Human Rights Commission]: "There was no final peace agreement signed yet. What the Government of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) have agreed so far was the draft of the Memorandum of Agreement on Ancestral Domain (MOA-AD). The draft agreement, which would be the basis for the resumption of formal peace negotiations, contains stipulation from both parties which affirm the rights of the Bangsamoro People.

However, on August 4, the Supreme Court (SC) issued a Temporary Restraining Order (TRO), in granting the petition of local officials who challenge the legality of the agreement for reportedly not having been consulted and for the government representatives reportedly deliberately hiding and refusing to disclose the content of the draft agreement, arguing it is protected by the "executive privilege." The SC's order prevented the government from signing on August 5.

The SC required the government's lawyers to comment on the petition which would be the subject for deliberation by mid-August.

What some local officials and their supporters are opposing is, in addition to a lack of consulation, the content of the agreement itself, which would become a basis for the creation of the Bangsamoro Juridical Entity (BJE). There are certain rights in the proposed BJE – for example, territorial rights and the foreign relations – that the observers argue violates the country's 1987 Constitution.

The agreement itself could not be implemented in absence of a final peace agreement and an enabling law enacted by Congress; however, there were stipulations on matters of power and authority of the proposed BJE in the legal framework of the discussion on the ancestral domain that already implies it consisted of elements of the state.

For example, the BJE's relationship with the Philippine government would become "associative characterized by shared authority and responsibility." It is also empowered to establish its own institutions – for instance, the executive, legislative, judicial and administrative agencies. It would also be able to "participate in the international meetings and events," as through ASEAN and UN agencies. It also has the power over foreign relations and entering into agreements though these should not used to "aggress against the Government."

They would also be given authority to build, develop and maintain police and internal security force, a judicial system and correctional institutions. They would have authority over exploration and profiting from natural resources, though accountable for sharing a percentage of proceeds with the government.

The proposed BJE has set the existing Autonomous Region for Muslim Mindanao (ARMM), which was created following a final peace accord between the Government and the Moro National Liberation Front (MNLF) in 1996, as the core of the Bangsamoro's homeland. It means, should a final peace agreement be reached and that a transitional government take place, it would become automatically covered by the authority of the proposed entity.

In the transition from autonomy into an entity, there would be a Mission and an agency created to ensure its smooth transition in accordance with the provisions of the final peace agreement. The BJE would be governed by a Basic Law that is also yet to be created. All thts though would not happen anytime soon.

Apart from that, the MILF proposed the inclusion of hundreds of other villages adjacent to the existing ARMM in a plebiscite to be conducted within 12 months following the signing of the draft agreement. This plebiscite would determine the territory of the BJE and the affected villagers would vote whether or not they agree to be included in the proposed BJE.

Though the principle of expanding the scope of the ARMM is no longer new since it has in fact been part of the Republic Act 9054, the BJE differs from the existing ARMM in the "concept and principles" of its powers and functions which is far greater than that of the already autonomous region. For example, in the Organic Act its authority does not cover matters involving foreign relations and entering into agreements with foreign countries. Their internal security and policing system as well remains part of the Philippine National Police (PNP).

Their concern there is more than just an issue of local officials or affected villagers not having been consulted about the draft agreement; it is the right of the Bangsamoro people to be affirmed as "First Nation" there. The Bangsamoro people since time immemorial have fought hard for recognition of these rights, which also deserve reciprocation from the government, but in a way mutually acceptable to all.

Thus, the proposed BJE is neither declaring itself, so far, as an independent state nor as the Philippine's version of China's "one country two systems policy." It also differs from the principle of the existing autonomy already in place. Yet to implement governance and institutions that would satisfy the aspirations of the Bangsamoro people is even more contentious given the reality that the legal tradition and norms that have existed in these places had been inherited and heavy influenced historically from colonization.

There remain many questions of how to transform this proposed entity to become part of the daily lives of all the people living there, including the non-Muslims, which need to be answered in a more realistic and practical way in our modern times. Thus, instead of speculation and presumptions – which are often born out of deep distrust and biased against one another – all parties should instead ensure an environment where rational discussion can take place.

It is needless to inflame hatred and reopen the deep wounds by prematurely concluding what the agreement could bring even before it happens. Also, it is unacceptable to monger war or espouse a military offensive as options because it deepens distrust to both parties and deprives possibilities of rational discussion. No one has ever won in the continuing conflict in Mindanao. All are losers."