It is not for the governments of Malaysia or the Philippines or even personalities in the Islamic movement to decide that the Bangsamoro of Mindanao should 'drop' their bid for independence or an Islamic state, said a member of Moro Islamic Liberation Front (MILF).

"That decision is the sole prerogative of the Bangsamoro and it is up to them to choose or reject independence or an Islamic state," said Michael Mastura, a MILF representatives to the Organisation of Islamic Conference (OIC) summit in the Malaysian administrative seat, Putrajaya.

Malaysia has hosted the six-year peace talks from 2001 between Manila and the 12,500-strong MILF - the biggest group of Muslim separatists fighting for independence in the southern third of the Philippines since 1978. The talks are tentatively to resume after the OIC summit on Oct 25.

Mastura, who is also among those in negotiations with the Philippine government, was responding to comments in relation to pressure from Malaysia for MILF to stop pursuing independence in favour of limited self-rule as well as an Islamic state.

'Attorney Michael', as he is known to the negotiating panel, spoke to malaysiakini yesterday after attending a meeting of the OIC standing committee on political, legal, information, Muslim communities and minorities and Islamic boycott affairs.

"We reiterate the statement of the late (former MILF chairperson) Hashim Selamat that the Bangsamoro will determine what is most suitable for them, whether it is independence, autonomy or status quo. The position is the same on the issue of Islamic state," he said.

He also said a referendum is likely to be held among the Bangsamoro to determine their response to both issues.

Land matters

Two of the three aspects of the interim peace agreement reached by the two sides concern the security (such as ceasefire arrangements) and the rehabilitation and development of Muslims and areas destroyed by years of war.

However, implementation of these terms is in abeyance pending resolution of the third aspect - 'ancestral domain,' which refers to the geographical constitution of the Bangsamoro state.

Mastura compared constitutional provisions referring to land in the Philippines with those in Malaysia.

"If the Philippine Constitution shares the similarity with the Malaysian Constitution - which places land matters under state jurisdiction - it might be a different situation," he noted.

"But public land in the Philippines is under central (governmental) authority, under the Land Registration Act."

Basic disagreement

The political problem that has dogged discussions between the Philippine government and the MILF is that their discussions are rooted in different bases.

The MILF have long argued that the Philippine Constitution cannot be used as the 'ultimate term of reference' because it is incongruent with Moro values and aspirations.

"The government panel keeps using the Philippine Constitution as a term of reference. But how can we accept this when the Constitution does not taken into account the values and beliefs of the Muslims?" Mastura asked.

He reiterated his stand that the Philippine Constitution was a narrow framework within which to argue for self-determination, saying that only an international frame of reference - one involving universal rights - can be the context for negotiated settlement.

Another MILF negotiator, Robert Alonto, said Manila had earlier omitted references to the Philippine Constitution during such discussions as the Tripoli talks, held in Libya in 2001.

"Now, however, references to the Constitution have been re-injected into the talks, and this is something with which we strongly disagree," he added.