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Tuesday, April 30, 2024

The Malaysia connection

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Moro Islamic Liberation Front (MILF) chief negotiator Mohagher Iqbal’s explanation of personal security in his use of an alias during the entire proceedings of the peace agreement between the Government of the Republic of the Philippines (GRP) and the MILF is, to say the very least, as flimsy as it is flawed.

His additional defense for the use of an alias was that it is a common accepted practice normally done by members of revolutionary organizations. However, what he failed to mention was that during the singing of treaties and agreements with their respective governments, leaders of revolutionary organizations the world over signed using their real names or had gone through the required protocols to establish their true identities for the signing. Moreover, his refusal to reveal what his real name is, particularly when under oath during a congressional inquiry at that, throws whatever sense of credibility he is trying to portray straight out the window. One cannot avoid and think that there might be some other more sinister reason behind it all.

For starters, his use of an alias while in peace talks with the government definitely raises suspicion and doubt about the sense of goodwill that he brings in the peace talks and the Bangsamoro Basic Law (BBL). Why should the Government of the Philippines deal with anyone whose identity cannot be readily ascertained and is wrapped in secrecy? For this reason, not a few of our legislators have questioned the impact of the alias use on the legality of the peace agreement Iqbal signed last year on behalf of the MILF. Foremost of which is Senator Ferdinand Marcos Jr. who succinctly captured the core of matter when he stated that “By using a nom de guerre, and claiming to represent the MILF, this person known as Iqbal places the entire peace process in jeopardy because he lacks the legal status to even represent and negotiate with the government”. Definitely, in agreements as sensitive as this, both parties should be as forthright as possible. They should be meticulous and sensitive to avoid any course of action or declarations which can unnecessarily provoke legal and political issues, which can in turn burden the proceedings and jeopardize objectives for a successful conclusion. Already there had been doubts on his citizenship after former Interior Secretary Rafael Alunan III posted in one of the social networks that Iqbal and MILF chairman Al Haj Murad Ebrahim supposedly hold Malaysian passports.

During the hearing at the  House of Representatives regarding the Mamasapano massacre, Iqbal maintained he was a Filipino citizen and a Bangsamoro “by entity.”  He has also since released a picture of his Philippine passport and the Malaysian government has equally disowned him as “one of theirs.” Understandably, though, doubts linger and unavoidably at that.

Iqbal admitted that beyond the name he has used in the peace talks, Salah Jubair is also another one of his several aliases. This is what he used when he published two books about Mindanao and the peace process.  He further stressed that based on a legal opinion he received, he is not in violation of the provisions the Anti-Alias Law in connection with the peace process since the then entire exercise is “political” and not a legal transaction. This is not an accurate statement because the peace agreement is an official document signed between the GRP and the MILF of which Iqbal or whatever his name is, was one of the signatories. For the “contract” to be consummated it should satisfy the basic requirements of our laws, one of which is that it be notarized, and consequently Philippine law requires that notarized documents be signed by persons using their real names. Likewise, our law is very clear that aliases are prohibited in relation to the opening of bank accounts. This was even one of the elements that the prosecution used during the impeachment of former President Joseph Estrada in connection with the Jose Velarde account. The question really is if those bank accounts opened by this person Iqbal have been used to receive funds from the government or from other entities local or foreign in the guise of assistance programs, or worse, funding from overseas terrorists organization.

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