04/02/2020
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institution- or capacity-building, is unlikely to succeed. On average, more
than 50 percent of states emerging from conflict return to conflict.
Moreover, a substantial proportion of transitions have resulted in weak or
limited democracies.
The design of a constitution and its constitution-making process can play
an important role in the political and governance transition. Constitutionmaking after conflict is an opportunity to create a common vision of the
future of a state and a road map on how to get there. The constitution
can be partly a peace agreement and partly a framework setting up the
rules by which the new democracy will operate.[170]
In the same vein, Professor Christine Bell, in her article on the nature and legal
status of peace agreements, observed that the typical way that peace agreements
establish or confirm mechanisms for demilitarization and demobilization is by linking
them to new constitutional structures addressing governance, elections, and
legal and human rights institutions.[171]
In the Philippine experience, the link between peace agreements and constitutionmaking has been recognized by no less than the framers of the Constitution. Behind
the provisions of the Constitution on autonomous regions[172] is the framers'
intention to implement a particular peace agreement, namely, the Tripoli Agreement
of 1976 between the GRP and the MNLF, signed by then Undersecretary of National
Defense Carmelo Z. Barbero and then MNLF Chairman Nur Misuari.
MR. ROMULO. There are other speakers; so, although I have some more
questions, I will reserve my right to ask them if they are not covered by
the other speakers. I have only two questions.
I heard one of the Commissioners say that local autonomy already
exists in the Muslim region; it is working very well; it has, in fact,
diminished a great deal of the problems. So, my question is: since that
already exists, why do we have to go into something new?
MR. OPLE. May I answer that on behalf of Chairman Nolledo.
Commissioner Yusup Abubakar is right that certain definite steps have
been taken to implement the provisions of the Tripoli Agreement
with respect to an autonomous region in Mindanao . This is a good
first step, but there is no question that this is merely a partial
response to the Tripoli Agreement itself and to the fuller standard
of regional autonomy contemplated in that agreement, and now
by state policy.[173] (Emphasis supplied)
The constitutional provisions on autonomy and the statutes enacted pursuant to
them have, to the credit of their drafters, been partly successful. Nonetheless, the
Filipino people are still faced with the reality of an on-going conflict between the
Government and the MILF. If the President is to be expected to find means for
bringing this conflict to an end and to achieve lasting peace in Mindanao, then she
must be given the leeway to explore, in the course of peace negotiations, solutions
that may require changes to the Constitution for their implementation. Being
uniquely vested with the power to conduct peace negotiations with rebel groups, the
President is in a singular position to know the precise nature of their grievances
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