There is now an unfolding saga in the Autonomous Region in Muslim Mindanao. With the Supreme Court issuing a temporary restraining order or TRO, the implementation of the newly concocted law, RA 10153, synchronizing the ARMM elections with the national mid-term election on the 2nd Monday of May 2013 is now put hold.

It is not the first time that the ARMM elections were postponed. They were about eight cases of postponement in the past. But in previous cases, no one questioned the wisdom or the legality of postponing the elections.

This time, the postponement of the ARMM elections right from the beginning spawned great debates between the pro elections side and the pro postponement side.

On the one hand, the premise of the pro election is the fact that election in the ARMM is at the very core of autonomy and self-determination. The national government for whatever motive or reason cannot override the people’s highest expression of the popular will through elections albeit flawed.

On the other hand, the pro postponement would like to effect, first, a set of reforms before conducting yet another election in the ARMM. Moreover, the people behind the reform ARMM movement are adverse to elections given the ‘reputation’ of the ARMM for electoral frauds.

The real crux of the matter is the issue of the ‘constitutionality’ of RA 10153 that cancels the scheduled ARMM elections. The law also gives power to the president to appoint officers in charge in the ARMM when the term of office of the incumbents expires on September 30th, 2011.

By the virtue of the Supreme Court’s TRO, the implementation of RA 10153 is temporarily enjoined, thus the President is PROHIBITED from appointing OICs unless and until the TRO is lifted. Meanwhile, the provision of RA 9054 on ‘holdover’ capacity shall apply if the TRO is NOT lifted on or before September 30th, 2011. The TRO also names the ‘INCUMBENTS’ thus leaving no ambiguity who shall enjoy the privilege of ‘holdover’ capacity.

The issue is crystal clear for people who wish to understand the present ruling with the Supreme Court justices voting 8-4 in favor of the TRO. The SC TRO has NO ‘expiry date’. In fact, a restraining order issued by the Supreme Court shall be effective until further orders by the same court.

Clearly, the present incumbents shall continue to hold office until the TRO is lifted or the issue before the SC is resolved. ‘In the event that the subject cases are not decided by September 30, 2011, the following incumbent ARMM officials shall continue to perform their functions on a holdover capacity pursuant to Section 2, Article VIII of RA 9054’.

Now we have two groups on the ground – the holdovers and the OIC wannabes. There are times that the exchanges between two groups are no longer civil and friendly. The “holdovers’ are called ‘kapit tuko’ to mean holding to the positions beyond their mandates while the OIC wannabes are called ‘tulo laway’ meaning that they are salivating to assume the jobs.

The real issue, beyond names and adjectives is the question of ‘autonomy’ or self-determination already granted to the ARMM. The Basic Charter of the ARMM or the Organic Act merely gives to the President a general supervision over the autonomous region and this supervision is exercised through the ARMM Regional Governor. The Basic Charter grants autonomy to the ARMM in local affairs and in all the enumerated powers specified in RA 9054. While everybody (both holdovers and OIC wannabes) agrees to the needed reforms in the ARMM, the issue is whether the new law RA 10153 is a violation of the Constitution and the Basic Charter of the ARMM.

There will be no vacuum of power in the ARMM beyond September 30, 2011, since the Supreme Court has already decided on the matter, that is, ‘holdover’ for the incumbents pursuant to RA 9054. There is no ambiguity either who are the incumbents, because the Supreme Court enumerates them by names.

Thus while we wait for the final decision on the issue, the reforms in the ARMM cannot wait. In fact, the incumbents, with few exceptions, have been doing their utmost to change the image of the ARMM since they were named in December 2009.

In Southern Philippines, the security sector reform (SSR) story begins from a concrete context of conflict. The SSR is an attempt to re-define the role of soldiers not simply in terms of warriors but also in terms of peace-building as communities emerge from conflict situation.

The journey would never have taken off the ground without the active partnership of two officers and gentlemen of the Armed Forces of the Philippines. They are LtGen. Moh. Benjamin Dolorfino (now retired) and LtGen. Raymundo Ferrer of the Western Mindanao Command

The concept of the security sector reforms is still very young in the history of the AFP. It is inevitable that during the initial discussions, some senior military officers have expressed their reservation on training workshops that include among others the history of Mindanao, the peace process and bridging leadership for officers of the AFP.

The engagement in SSR has become more urgent with the resumption of the peace talks following the debacle of the Memorandum of Agreement on Ancestral Domain (MOA-AD) in 2008 and with the Philippine government’s official declaration of the priority of the peace process policy.

The Institute for Autonomy and Governance (IAG), a regional think tank based in Cotabato City, has developed two phases in the Security Sector Reforms. There are four major themes that underpin the SSR training programs. The first theme is a brief study of the history of Mindanao with special focus on the struggles of the two Moro Fronts (MNLF and MILF) and the NDF. This is an attempt to contextualize the emerging role of the AFP as peace-builders in the midst of conflict situation in the Southern Philippines.

The second theme situates the said role within the framework of the basic human rights as enshrined in the Constitution’s Bill of Rights and in the UN Declaration of Human Rights. The module includes also a brief presentation of the International Humanitarian Law. These rights are inalienable and no matter the situation on the ground, the basic rights of people have to be recognized and respected, especially so by the security sector.

The third theme deals on the many and various peace-building attempts and concrete praxis on the ground where the AFP, particularly the Philippine Marines, interface as they shape their new emerging role as peace-builders. The actual module includes also conflict analysis and mediation, particularly in rural areas that involve the participation of local leaders.

The fourth theme shows the need of soldiers’ involvement and active participation in the concrete imperatives in the communities where they are. These are the following: (1) Sustainable Community development; (2) the urgent call for action to become environmental stewards; (3) the need for effective social marketing for peace; and (4) Soldiers as ‘Bridging Leaders’ in the communities they are ‘planted’.

The whole SSR story tells a different message as it shapes a new paradigm for soldiers, particularly in situation of conflicts and post conflict. The classic understanding of the Armed Forces as ‘protectors’ under the narrow the so-called National Security Doctrine is no longer sustainable. The old paradigm may be ‘successful’ in the short term, but both in the medium and long terms, military might does no put an end to conflicts, specifically internal conflicts. The old military operations have always been saddled by accusations of human rights abuse, lack of sensitivity (ethnic and religious), and devoid of any understanding of the deep root causes of conflicts.

No doubt, there is an urgent need for a new paradigm that spells concretely the new emerging roles of soldiers in times of conflict as well as post conflict. The SSR, though often labeled by ‘left activists’ as sophisticated counter-insurgency program, are attempts to re-define the role of the security sectors as protectors of the people and ‘keepers of peace’ in nation building.

Last September 20th, on the eve of the remembrance of the fatal declaration of Martial Law rule in the Philippines 39 years ago, IAG launched the SSR Story and the Training Manual at Camp Aguinaldo’s Officers Club. SND Voltaire Gazmin and the top brass of the AFP and friends from the civil society came together for the occasion to highlight the importance of the security sectors reform as the 4th pillar of President Noynoy Aquino’s peace and security framework in the coming years.

IAG also cited the AUSAID for being generous partner in this important endeavor. AusAid Minister Chancellor, the Honorable Titon Mitra, and other officials from the Australian Embassy honored the occasion not only by their active participation but also with the commitment for continued support.

The three-letter word stands for temporary restraining order usually issued by the court of law to give immediate relief to petitioner/s. For whatever purpose it may serve, TRO now spells disaster for the Bangsamoro people.

The first time the word became ‘famous’ or ‘infamous’ was in 2008 when the same Supreme Court issued a TRO restraining the Philippine Government in signing the Memorandum of Agreement on Ancestral Domain between the GPH and the MILF. The said TRO led to the ‘rampage’ of the two MILF commanders Bravo and Kato that subsequently triggered running battles between elements of the MILF and the Armed Forces of the Philippines. Hundreds of thousands were displaced from their homes.

The second TRO of note that was issued by the Supreme Court touching on the Bangsamoro issue was in 2010 restraining the new Aquino government in its attempt to remove from office what it considers ‘midnight appointments’ in the National Commission on Muslim Filipinos. This TRO has, more or less, led to the ‘marginalization’ of the whole commission vis-à-vis its articulated function as the lead agency in pursuing the general welfare of the Muslim Filipinos.

Now comes yet another TRO issued on September 13, 2011 by the Supreme Court restraining for the nth time the PNoy government from implementing RA 10153 synchronizing the ARMM Elections with the mid term National Elections in May 2013. The same TRO puts a halt to the whole process of the reform ARMM agenda of the PNoy government.

Since the passage of the new law in June 2011, a government team with civil society participation has been formed to chart the road map for the ‘Reform ARMM’. Several consultations had been called to put the road map together. And with the issuance of EO 51, the nomination and application for the OIC positions in the ARMM had commenced. A five-member Selection Committee began screening the more than 400 applicants and the same committee came out with a short list for the 26 OIC positions of Regional Governor, Vice Regional Governor and 24 members of the Regional Legislative Assembly. The nominees in the short list were presented to the constituency of the ARMM for public scrutiny.

The selection process for the leadership of the ARMM has introduced something very novel that has caught the imagination of the ARMM constituency. No doubt, the ‘reform ARMM train’ has engendered a process that promotes not only public scrutiny of the nominees’ respective platform vis-à-vis reforms in the ARMM but also for the first time a popular demand for ‘accountability’ and transparency both of leadership and the funds.

The public forums in the town centers of the ARMM five component provinces put to task the nominees for the regional legislative assembly. Never has this been done in the region known for a culture of silence and a culture of impunity. The lively exchanges in the forums that were also aired live created a refreshing new environment for a new type of democratic participation of the constituency of the entire ARMM.

The various groups from the civil society, academe, business, religious sector, youth and women were present as well as the LGUs. For the first time, their voices were heard and they avidly scrutinized the platforms of the OIC wannabes. In many ways, the reform ARMM train has given birth to something new that can be compared to a ‘spring’ in the ARMM creating a new political situation or political reality beyond the purview of the law.

There is something very unique of the ARMM that is taking shape… something very dynamic, an expression of the traditional community debates and consultation – truly elements of a Bangsamoro ‘spring’ that is beyond matters for the court. This is what the present TRO has restrained, NOT simply the President’s appointment of OICs and the implementation of RA 10153.

I thought the TRO, though legally constructed, was utterly wrong and void of any MORAL authority. What is unfolding in the ARMM is truly very unique and it is rightly so that it is unfolding in the ARMM, after all, it is the ONLY AUTONOMOUS Region in the country – a sort of ‘sui generis’. For this reason, the process, I truly believe, is a unique democratic process proper for a region seeking expression of its right to self-determination.

The process has become a political question beyond the justiciable ‘res’ by the courts with hardly any jurisprudence on issues of autonomy and self-determination outside the Local Government Code. It is high time, that our courts, including the Supreme Court, should disabuse their usual legal training and begin considering new expressions of Regional Autonomy on the basis of the right for self-determination of minority nationalities. The ARMM is not a local government unit in the same league as province or municipality. The ARMM is a ‘sui generis’ (a kind of its own)!

With all the wild talks about the ARMM, from ghost employees to corruption, I thought that few would be interested in vying for the OIC posts during the 21- month transition period. The reform agenda is very daunting and the time frame is so short and it would require a miracle to clean the proverbial Augean stable that is the ARMM.

I am dead wrong! The list of ‘wannabes’ seeking OIC posts is, indeed, very long! For the positions of OIC ARMM Governor, there are 74 applicants and nominees; for the position of Vice Governor – 27 and for the Regional Assembly with 24 members representing 8 congressional districts, there are 366 applicants and nominees! WOW!

The President established a Selection Committee composed of the DILG Secretary, DND Secretary, Presidential Adviser on Political Affairs, a representative of ARMM Provincial Governors and City mayor, and one civil society organization. The task of the said committee is to short-list the applicants and nominees and then present them to the general public in Cotabato City, Zamboanga City, Jolo and Marawi. And from the short list of nominees, the President shall appoint OIC who would take charge of the ARMM during the transition period of 21 months to implement the much needed reforms.

The paramount reforms needed in the ARMM are the following:

1. To expand greater access to basic social services within the whole ARMM, specifically health and basic education;
2. To jump start economic development in the region, particularly in the component provinces that make up the ARMM;
3. To vivify and strengthen internal governance capacity in the regional as well as in the local government units within the ARMM;
4. To undertake concrete steps towards the total overhaul of the electoral system in the ARMM beginning with the setting aside of the voter’ lists and undertake new registration with the use of biometrics and modern technology; and
5. To be innovative and bold in instituting transitional institutional arrangements on the delivery of investment support programs to the ARMM (a sort of mini Marshall Plan) during the 21-month transition.

The so-called 366 wannabes come in different ages, faces, sizes and backgrounds both famous and notorious! The re-cycled ARMM politicians are aplenty. The old guards in the ARMM politics equally match the number of re-cycled ones.

There are also two sets of ‘revolutionaries’ (MNLF and MILF) in the list of wannabes. There are also new players in the list – they are young and untainted by dirty politics in the ARMM.

The million dollar question to you and I is who would gain prominence both in the short list as well as in the actual appointments? Would the new players have any chance at all to make it to the governance structure associated with failure (courtesy of the re-cycled ARMM leaders and the old guards)?

In the coming two or three weeks, we shall know if the Aquino government is truly serious in reforming the ARMM. The appointment of OICs would, in many ways, be the acid test of PNoy’s much taunted reforms. In fact, the appointment of OICs would signal the seriousness of the national government in effecting real changes in the ARMM besides the usual sound bytes associated with government pronouncements.

Re-cycled ARMM politicians and old guards as OICs would simply dissipate the hope and the dreams of a fresh wind blowing the ARMM. One way of removing the ‘tradpols’ and the re-cycled ones is to reduce the age limit for the ARMM OICs. In fact, I would strongly recommend NOT to appoint anyone above 45 years old as OICs both in the Executive and Legislative branches of the ARMM government.

There are new and young blood, and competent nominees in the list. The ARMM belongs to them! It is time for the ‘seniors’ to take the ‘back seats’ and simply act as ‘mentors’ to the new generation seeking to shape their own destiny. I do counsel the re-cycled politicians and the old guards to steer away from the drivers’ seat.

Let this new generation shape the present and the future of the ARMM.

Former President Ramon Magsaysay’s birthday falls on August 31. Since 1958, an integral part of the celebration has been the recognition of outstanding Asians and organizations that have shown in their lives Magsaysay’s “greatness of spirit” with their service to the people of Asia. To date, there have been 272 individuals and 18 organizations in 22 Asian countries and territories that have received what most people in Asia refer to as Asia’s equivalent of the Nobel Peace Prize.

For 2011, five individuals and one organization have been so honored to receive the prestigious Ramon Magsaysay Award. They are the following:

The Alternative Indigenous Development Foundation Inc. or AIDFI has been chosen to receive the 2011 RM Award for spreading the benefit of alternative technologies to upland rural folks. The RM Award is given to AIDFI in recognition of its “collective vision, technological innovations, and partnership practices to make appropriate technologies improve the lives and livelihoods of the rural poor in upland Philippine communities and elsewhere in Asia.”

Engr. Harish Hande of India receives the 2011 RM Award for making solar power work for the poor. His “passionate and pragmatic efforts to put solar power technology in the hands of the poor has not only made possible affordable and sustainable electricity to India’s vast rural populace but also has encouraged them to become asset creators.”

Pah Hasanain Juaini of Indonesia receives the 2011 RM Award for his passionate and dedicated commitment to nurturing women and communities through inclusive education. The Ramon Magsaysay Foundation “recognizes his holistic and community-based approach to pesantren (Islamic boarding school) education in Indonesia, creatively promoting values of gender equality, religious harmony, environmental preservation and civic engagement among young students and their communities.”

Koul Panha of Cambodia receives the 2011 RM Award for “his determined and courageous leadership of the sustained campaign to build an enlightened, organized and vigilant citizenry who will ensure fair and free elections, as well as demand accountable governance in Cambodia’s nascent democracy.” He helped organize the Committee for Free and Fair Elections (COMFREL) and since 1997, COMFREL has become the country’s leading independent organization on electoral issues. Beyond elections, COMFREL lobbies for government reforms through its Parliamentary Watch that monitors government performance.

Tri Mumpuni of Indonesia receives the 2011 RM Award for “harnessing micro hydropower to empower the poor. She has dedicated her life and work to promote micro hydropower technology in bringing electricity and social development to rural Indonesia.”

Nileema Mishra of India receives the 2011 RM Award for her purpose-driven zeal to work tirelessly with villagers in Maharashtra, India. She has organized the village poor to address both their aspirations and their adversities through collective action and heightened confidence in their potential to improve their lives.

The RM Foundation has invited me to be a member of the panel for the lecture of Pah Hasanain Juaini, founder and director of Nurul Haramain Islamic Boarding School for Girls in West Lombok, Indonesia.

Pah Juaini, the man we honor, has seen the years of discrimination against women and thus felt the urgent call to spread the knowledge so that men and women will achieve unity and equality. His life testimony is an articulate witness to building a community where both men and women have equal rights and obligations.

Pah Juaini’s vision of empowering women is based on his religious beliefs and understanding hewed from his spiritual and life system experiences. He articulates his belief that God does not make laws and rules that would differentiate between men and women. By following closely the religious order, he tries to bridge the relationship gap between men and women. Without integrating religion into the vision, the social structure will fail and there will be a wider gap between men and women.

He takes pride in his two family traditions. The first is the humble service to the community and the second is the calling of community teachers.

Pah Juaini’s family history is a testimony of humble service to the community. He is a descendant of Kings of Selaparang, which for the last hundred years had decided to become ordinary people. The Sasak kings did not build palaces and their families lived among common people, and they had taken off all the titles of nobility.

He is from a family of teachers. His grandparents, parents, uncle and aunts are all teachers. So naturally he wanted to be a teacher since he was a child. He never dreamt of becoming any thing but a teacher. That dream has never changed through the years despite his changing life conditions.

Pah Juaini has also turned his school into an axis for community development by engaging local participation on issues of environmental protection, livelihood enhancement, and good governance.