Jun Mantawil, representative of Moro Islamic Liberation Front (MILF) to the 4rth MPPM Peace Summit at Basilan, talked on RP-MILF Peace Talks with Options to Open on New Formula for Peace
Background
Over the last 100 years, the Bangsamoro people had been marginalized due to continued neo-colonial policies that encouraged and supported resettlement and transnational development projects in Mindanao. National integration programs have failed to correct the resulting inequities. So the struggle of the Bangsamoro people for freedom and self-determination continued that saw bloody armed conflicts during the height of the Mindanao war (for the period 1970-1986 and 1986-1996 to 1996-2006).
Due to the wars, massive lost of lives and properties were reported, aside from gargantuan expenditures that gobbled much of the government resources and national coffers. Hence, the imperative of the holding of the peace process between the Philippine Government and the Moro Islamic Liberation Front for a peaceful resolution of the Bangsamoro problem as alternative to armed conflicts and bloodsheds.
The Bangsamoro people want these historical injustices to be corrected and the Philippine government is willing to address these injustices. As change of tune in national policy, the government offered to negotiate with the Moro Islamic Liberation Front (MILF) in recognition of the legitimate grievances of the Bangsamoro people, which were not fully addressed even with the signing of the 1976 and the 1996 peace agreements. This recognition was reaffirmed with the commitments of the Parties to the observance of the international humanitarian and human rights laws and the right of people to self-determination as enshrined in the United Nation (UN) Charter, UN Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and other similar UN covenants. (Primer: Joint GRP-MILF Peace Advocacy, 2006)
Mindanao Problem
This problem involves a wide variety of social, cultural, economic and political issues and concerns, which could be understood, but not limited to, the following: ·
Ancestral domain·
- Displaced and landless Bangsamoro·
- Destruction of properties and war victims·
- Human rights issues·
- Social and cultural discrimination·
- Corruption of the mind and the moral fiber ·
- Economic inequities and widespread poverty·
- Exploitation of natural resources·
- Agrarian related issue
The above issues and concerns are what the MILF perceived to be the Mindanao problem or the Bangsamoro problem.
Opening of GRP-MILF Peace Talks
The GRP-MILF Peace Talks began in 1996 during the Ramos Administration with a series of peace overtures and back channeling peace deals that led to the holding of series of low-level peace talks between the GRP and the MILF. On January 7, 1997, the first formal peace talks between the GRP and the MILF was held at the Da’wah Center, Crossing Simuay, Sultan Kudarat, Maguindanao. In this meeting, the MILF, through its Technical Committee, submitted a single Talking Point: TO SOLVE THE BANGSAMORO PROBLEM. This problem was clarified into nine (9) agenda items during GRP-MILF Technical Committee meeting on Agenda-Setting on February 25, 1997. Later on it was clustered into the following six (6) agenda items: ·
-Ancestral Domain/Agrarian Related Issues·
-Destruction of Properties and Victims of War/Displaced and Landless Bangsamoro·
-Human Rights Issues·
-Social and Cultural Discrimination/Corruption of the Mind and the Moral Fiber·
-Economic Inequities and Widespread Poverty·
-Exploitation of Natural Resources
Finding a political and lasting solution to this problem has formed part of the core of the agenda of the current GRP-MILF Peace Talks, with the end in view of establishing a system of life and governace suitable and acceptable to the Bangsamoro people..
General Cessation of Hostilities
In order to provide an environment of peace during the peace negotiations, the Parties signed the GRP-MILF General Agreement for the Cessation of Hostilities on July 18, 1997 at Cagayan de Oro City. Subsequently, the Parties agreed on the guidelines and ground rules of the Ceasefire Agreement, namely:
1. Implementing Administrative Guidelines of the GRP-MILF General Cessation of Hostilities dated September 12, 1997. ·
- Created the Coordinating Committees on the Cessation of Hostilities (CCCH).·
-Created the Independent Fact-Finding Committee (IFFC).·
-Joint CCCH Secretariat.
2. Implementing Operational Guidelines of the GRP-MILF General Cessation of Hostilities dated November 14, 1997. Established guidelines and ground rules of the ceasefire, such as:
· Prohibited Hostile Acts
· Prohibited Provocative Acts
· Mutual actions· Normal functions
3. Agreement creating the Quick Response Team (QRT) dated March 11, 1998 for GRP Forces and MILF Forces.
The term of President Fidel Ramos had expired on June 30, 1998 without concluding a political settlement of the Bangsamoro problem. But the new Philippine President Joseph Estrada had committed to continue the peace negotiations with the signing of the General Framework of Agreement of Intent dated August 27, 1998 with the MILF representatives for the resumption of the peace negotiations. However, the peace talks had soon collapsed with the all-out war launched by the Estrada Government on March 22, 2000.
Resumption of peace talks
The fledgling Arroyo administration offered to continue the peace negotiation where it had left before that led to the signing of the General Framework for the Resumption of the GRP-MILF Peace Talks dated March 24, 2001 at Kuala Lumpur, Malaysia.
The 6 agenda items were further clustered into three (3) agenda items, viz:
· Security
· Rehabilitation and Development
· Ancestral Domain
As significant step forward in the peace process, the Parties signed the Tripoli Agreement on Peace on June 22, 2001, which contained three main aspects, namely: Security, Rehabilitation and Development and Ancestral Domain as agenda for the current GRP-MILF Peace Talks Guiding principles
In accordance with the incremental characteristics of the peace process and for the advancement of the general interest of the Bangsamoro people and other inhabitants of Mindanao and the country in general, the Parties agreed that certain principles and guidelines of conduct and action should be adhered to as options for peace, among these are provided in:
1. General Framework of Agreement of Intent dated August 27, 1998;
Gen Framework for the Resumption of the GRP-MILF Peace talks dated March 24, 2001
*The Parties commit to pursue the peace negotiations on the substantive issues until a negotiated political settlement is reached.
*The Parties affirm their commitment to protect and respect human rights in accordance with the principles set forth in the charter of the United Nations and the Universal declaration of Human Rights. ·
* The Parties commit to honor, respect and implement all past and present agreements relating to the peace process. ·
*The Parties commit themselves to negotiate with sincerity and mutual trust, justice and freedom, and respect for the identity, culture and aspirations of all peoples of Mindanao.· *The Parties pledge to refrain from the use or threat of force to attain undue advantage while peace negotiations on the substantive issues are on-going.
2. Tripoli Agreement on Peace of 2001 Security Aspect ·
All past agreements of the Parties shall be implemented in accordance with the Agreement on the General Framework for the Resumption of the Peace Talks signed in Kuala Lumpur, Malaysia on 24 March 2001 for the progressive resolution of the Bangsamoro problem with honor, justice and integrity for all sectors of society.
· The negotiation and peaceful resolution of the conflict must involve consultation with the Bangsamoro people free of any imposition in order to provide chances of success and open new formulas that permanently respond to the aspirations of the Bangsamoro people for freedom.
· The Parties agree to invite representatives of the Organization of the Islamic Conference (OIC) to observe and monitor the implementation of all GRP-MILF Agreements. The Parties further agree to strengthen the GRP-MILF Agreement on the General Cessation of Hostilities dated 18 July 1997. Upon signing of this Agreement, a monitoring Team shall be constituted with representatives from the OIC. Rehabilitation Aspect
· The observance of the international humanitarian law and the respect of internationally recognized human rights instruments and the protection of evacuees and displaced persons in the conduct of their relations reinforced the Bangsamoro people’s fundamental right to determine their own future and political status.
· The MILF shall determine, lead and manage rehabilitation and development projects in conflict-affected areas, except when public funds are involved, in which case Government procedures and rules will be observed.
· The Parties shall safely return evacuees to their place of origin, provide all the necessary financial/material and technical assistance to start a new life, as well as allow them to be awarded reparations for their properties lost or destroyed. Ancestral Domain Aspect
· On the aspect of ancestral domain, the Parties, in order to address the humanitarian and economic needs of the Bangsamoro people and preserve their social and cultural heritage and inherent rights over their ancestral domain, agree to discuss the ame further in their next meeting. Major GRP-MILF Agreements Following are major agreements signed by the Parties during the Arroyo Administration:
- · General Framework for the Resumption of the GRP-MILF Peace Talks dated March 24, 2001.
- · Tripoli Agreement on Peace of 2001 dated June 22, 2001.
- · Implementing Guidelines on the Security Aspect of the Tripoli Agreement on Peace of 2001 dated August 7, 2001.
- · Joint Communiqué dated May 6, 2002.
- · Implementing Guidelines on Humanitarian, Rehabilitation and Development Aspects of the Tripoli Agreement on Peace of 2001 dated May 7, 2002.
- · Terms of Reference (TOR) of the International Monitoring Team dated September 8, 2004.
- · Interim-Terms of Reference (TOR) of AHJAG dated December 20, 2004. Monitoring bodies
· GRP-MILF Security Accord of 2001
· GRP-MILF Humanitarian, Rehabilitation and Development Aspects of 2002
2. Local Monitoring Teams (LMTs) (Independent Fact-Finding Committee (IFFC/Quick Response Team (QRT) –
To assist in the monitoring of cessation of hostilities ·
To preempt and defuse tensions in conflict-affected areas in Mindanao
3. International Monitoring Team (IMT) –·
To monitor the implementation and observance of the Security Aspect of the Tripoli Agreement on Peace of 2001 ·
Its socio-economic development aspects
4. Ad Hoc Joint Action Group (AHJAG) –
· To monitor, isolate and interdict all criminal syndicates and kidnap-for-ransom groups · Also to monitor so-called “Lost Commands” operating in Mindanao. International Monitoring Team As a significant step forward in the peace process, the IMT peace monitors are deployed in conflict affected areas in Mindanao since 2004 pursuant to the provision of the Terms of Reference (TOR) of the IMT forged between the GRP and the MILF as well as the Government of Malaysia (GOM) dated September 8, 2004. The IMT is monitoring the implementation of the Tripoli Agreement on Peace of 2001 and its Implementing Guidelines on Security Aspect and Humanitarian, Rehabilitation and Development Aspects including its socio-economic development components. The Malaysian-led IMT, with about 60 peacekeeping monitors, is clothed with diplomatic immunities during the duration of their mission in Mindanao. With a term of one year, the tour of duty of the IMT would be extended by the Parties as the need of it arises. Major General Dato’ Mohamad Ismail Ahmad Khan of the Royal Malaysian Armed Forces (RMAF) is the current Head of Misssion of the IMT-3 replacing Major General Dato’ Pahlawan Soheimi bin Abbas of the IMT-2. Major General Dato’ Zulkifeli bin Mohammad Zin was the Head of Mission of the IMT-1, deputized on October 10, 2004-October 10, 2005. Cotabato City is the present Headquarters of the IMT with five (5) Team Sites and sub-offices at Zamboanga City, Iligan City, General Santos City and Davao City. At present, the IMT is composed of the governments of Malaysia, Libya, Brunei and Japan. Sweden is expected to join as peace monitors of the IMT-3. Ancestral Domain Aspect The negotiations of the Ancestral Domain Aspect have been in progress with the holding of the 6th, 7th, 8th, 9th and 10th Exploratory Talks.
In order to move forward with this agenda, the Parties subdivided the Ancestral Domain Aspect into four strands (6th exploratory talks dated December 19-20, 2004), namely –
a. Concept
b. Territory
c. Resources and
d. Governance.
During the 7th exploratory talks (April 18-20, 2005) and 8th Exploratory Talks (June 20-21, 2005), the Parties hurdled at least 15 consensus points on the substantive issues of the strands of Concept, Territory and Resources, though some minor aspects were yet to be resolved in their forthcoming exploratory peace talks.
- Recognition of Bangsa Moro (Moro Nation) as “People” by birthright
- Right to “free choice” of non-Islamized indigenous people
- Recognition of Bangsamoro ancestral domain claim
- Recognition of Bangsamoro ancestral homeland
- Recognition of Bangsamoro territorial claim
- Recognition of bodies of water to form part of Bangsamoro territory
- Recognition of ancestral domain to form as not part of the public domain
As a significant step forward in the peace process, the Parties had successfully hurdled the agenda on Governance Strand of Ancestral Domain Aspect of the Tripoli Agreement on Peace of 2001, as they wrapped up last September 16, 2005 their two-day 9th round of the exploratory peace talks held at Kuala Lumpur, Malaysia. Earlier, both sides consider the strand on Governance as the stickiest point among the four strands of Ancestral Domain Aspect of the Tripoli Agreement of 2001.
It was virtually untouched during the 7th GRP-MILF Exploratory Talks on April 18-20, 2005 at Fort Dickson, Selangor, Malaysia. The Parties had succeeded, however, on the other three strands namely, concept, territory, and resources. The Parties’ Technical Working Group (TWG) on Governance merely agreed to refer the matter to the two Peace Panels to resolve the issue on governance. Thus, the Parties sent their respective 11-man delegation: five panel members, three members of the Technical Working Group on governance, and three-man secretariat.
Thus the Parties commit for –
· Entrenchment of Bangsamoro Juridical Entity (BJE)
· Transitional Government
· Determination of political status
In consultation with their respective Peace Panels, the TWG (on Governance) succeeded in resolving at least 10 consensus points on the unfinished contentious issues on governance from the last meeting held on September 15-16, 2005 at Kuala Lumpur, Malaysia. Further, during the 10th Exploratory Talks, held on February 6-7, 2006 at Port Dickson, Negeri Sembelan, Malaysia successfully tackled the remaining so-called 20 percent unresolved issues of the Agenda on Ancestral Domain Aspect of the Tripoli Agreement on Peace of 2001.
In a Joint Statement signed by GRP chief negotiator Silvestre C. Afable, Jr. and MILF chief negotiator Mohagher Iqbal, respectively, they declared the Parties have successfully wrapped up the consensus points of the ancestral domain issue, and placing the peace process on track for concluding the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement on Peace of June 22, 2001. It includes, among others, the following agreed points:
Joint determination of the scope of the Bangsamoro homeland based on the technical maps and data submitted by both sides;
Measures to address the legitimate grievances of the Bangsamoro people arising from their unjust dispossession and/or marginalization;
Bangsamoro people’s right to utilize and develop their ancestral domain and ancestral lands;
Economics cooperation arrangement for the benefit of the entire Bangsamoro people. During the two-day meeting, the panels agreed to forge as soon as possible an overall framework for the forthcoming formal talks, together with an inventory of crucial issues to be tackled, the general procedures and parameters and the indicative time line for the signing of a comprehensive agreement between the Government and MILF before the end of the year.
The Panels agreed –
To conduct joint advocacy drives on the ancestral domain issue to broaden public understanding and support for the GRP-MILF peace process.
To achieve this objective, a joint committee was formed to draw up the guidelines, plan the advocacy campaign, and seek the participation of non-government organizations, people’s organizations and civil society groups in advocacy activities.
Both parties reaffirmed the need to satisfy capacity-building programs with the assistance and support of the international community and donor institutions.
And they agreed in principles to the establishment of Bangsamoro Leadership and Management Institute (BLMI) in Cotabato City as a capacity building center for emerging leaders and professional.
To tap the expertise of the Development Academy of the Philippines (DAP) to assist in the establishment of the BLMI.
Bangsamoro Juridical Entity
In a Joint Statement, the Peace Panels of the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), the Parties wrapped up the 3-day 12th Round of the GRP-MILF Exploratory Talks held on May 2-4, 2006 in Kuala Lumpur by declaring substantive gains in the Ancestral Domain agenda while acknowledging that more work had to be done on the strand of the territory, particularly in the determination and delimitation of areas to be placed under a prospective Bangsamoro Juridical Entity (BJE) in Mindanao. The Parties achieved significant progress in –
Defining the concept of ancestral domain
Sharing of resources
Elaboration for the establishment of BJE But the Parties were held back from reaching full consensus by the highly technical nature of discussions on the delineation and demarcation of territory.
For this purpose, they agreed to conduct further ground validation and collection of additional data to guide them in the resolution of remaining items. Further, they have also agreed on other substantial issues during the 12th exploratory talks, namely –
To request Malaysia, Brunei and Libya to extend the mandate of their respective contingents to the IMT.
To expand the composition of the IMT to include the participation of other nations in monitoring the rehabilitation and development work related to the peace process.
To extend the mandate of the AHJAG Interim Guidelines for a period of one (1) year once its mandate ends on June 21, 2006.
To move forward the establishment of the Bangsamoro Leadership and Management Institute (BLMI), which is envisioned as an agent of change in the social and political environment of the Bangsamoro people.
To continue availing the capacity building training under the Malaysian Technical Cooperation Program (MTCP).
To seek the assistance of the Development Academy of the Philippines (DAP) to compliment the current Malaysian capacity-building efforts.
To activate a joint advocacy team in order to formulate and undertake a program of pubic information aimed at raising broad awareness of, and support for, the peace process.
The Parties welcomed the entry of the United Nations World Food Program and other organizations in Mindanao in support of the peace process prior to the signing of the comprehensive agreement. The panels agreed that such mission should be done in coordination with the Bangsamoro Development Agency ((BDA).
On Territory
During the 13th Exploratory Peace Talks held on September 6-7, 2006 at Kuala Lumpur, the government peace negotiators proposed –
Area of the Autonomous Region in Muslim Mindanao (ARMM) as the core of the area for the BJE
Some contiguous Muslim majority areas outside ARMM to be included in the proposed territory of the BJE, but subject to certain conditions, particularly constitutional processes/legislations. Earlier the government proposed 613 barangays/areas outside ARMM to be inluded in the prposed territory for the BJE. But the MILF wants a fulfillment of the Parties’ commitment to open up “new formulas” for a peaceful resolution of the conflict pursuant to the provision of the Tripoli Agreement on Peace of 2001. The peace talks adjourned without reaching a consensus on the delimitation for the proposed territory of the proposed BJE that would be established in the ancestral homeland of the Bangsamoro people. However, lately the government had submitted its proposal on the proposed territory of the BJE to be established in the Bangsamoro Homeland, which is now being studied by the MILF Peace Panel. Have faith with us because we share the same ancestors. Our problem must be resolve our problems to the satisfaction of Bangsamoro people and #
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