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I CANNOT help but be personal whenever I writeabout Mindanao. Perhaps because, as aMindanao historian, I have been keeping closetabs on Moro and Lumad affairs for the last 35years. Perhaps also because I have been involved

in the peace negotiations, the GRP 1-MNLF2 peace talksin 1993-96, and until recently as vice chair of the GRP-MILF3 peace negotiations from August 2004 until thedissolution of the GRP Peace Panel last September 3,2008. I have been too close to the ground as it were,part of the story, studying history and helping shapehistory. I was asked to write an article on the status ofthe GRP-MILF peace negotiations several weeks be-fore the Supreme Court TRO (Temporary RestrainingOrder) on the signing of the GRP-MILF Memorandumof Agreement on Ancestral Domain or MOA-AD inPutrajaya, Kuala Lumpur on August 5, 2008.

PEACE IN MOROMINDANAO

n By RUDY B. RODIL

FORGING

But now, the MOA-AD hasbeen shelved, the President haschanged tack on the negotiationand the GRP peace panel hasbeen dissolved. Putting mythoughts together did not comeeasy.

The dissolution of the GRPPanel on September 3, 2008 wasa big disappointment. As I said

in a TV interview on the night ofSeptember 3, “Nakakalungkot. Apatna taong pinagpaguran. Parang sine.Malapit na sana ang climax perobiglang natisod ang bida, nahulog sabangin. (It is saddening. It wasfour years of hard work. It waslike a movie. The story was near-ing its climax when the herotripped and fell off a cliff.)

A marker for victims of atrocities during the Martial Law period, Kauswagan,Lanao del Norte. Photos by TRACY PABICO

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1. We continue to uphold the Peace Path as still the best wayforward to address the centuries-old Bangsamoro Problemin Mindanao, with the Government of Malaysia asfacilitator;

2. The MILF Peace Panel, MILF Coordinating Committee onCessation of Hostilities (CCCH), Ad Hoc Joint Action Group(AHJAG), and MILF Local Monitoring Team (LMT) willcontinue to exercise their respective functions;

3. The MILF respects the three-month extension of the term ofthe International Monitoring Team (IMT) and we willcontinue to work with them for the sake of peace;

4. The disbandment of the GRP Peace Panel is the soleprerogative of the government; it is internal and normal in anegotiation that negotiators come and go; and

5. The DDR (disarmament, demobilization, and reintegration)approach as the government’s “new road map to peace” ispart of successful conflict resolutions in many parts of theworld. It forms part of the comprehensive peace settlement,but it is the last item in the talks. But when DDR is takenup ahead of the comprehensive peace settlement, it isinterpreted to be a military approach, not part of a politicalapproach, as in the case of the Philippines, contrary to whatPresident Gloria Macapagal-Arroyo said early on in 2001when she replaced the all-out war policy of President JosephEstrada to all-out peace policy.

In a press statement dated September 5,2008, the Moro Islamic Liberation Frontdeclared that:

What follows are pieceswritten by other people, not mythoughts exactly, but they reflectmy own feelings. The first isfrom the executive summary ofthe MOA-AD which the panelput together one evening (I wasthere), from early evening untillong into the night, some twoweeks before the dissolution. Itis brief, very informative, andconvenient for people who needa quick reference.

The second is taken from ablog-article written by mydaughter, Amillah, who in thosefour years of the GRP-MILF ne-gotiations stood by, ever sup-portive. She hardly heard anysubstantial detail from me. Thetalks were confidential, I toldher. She shared my excitementover the scheduled signing ofthe MOA-AD, but like manyMindanawons, was jolted by theuproar that met the publicationof the MOA-AD. And the thirdcomes from Archbishop Or-lando Quevedo, OMI, ofCotabato.

All three tell a story.

I close with an excerpt of theMILF policy statement.

A Brief on theMemorandum ofAgreement onAncestral Domain(MOA-AD)

“... the principle of self-deter-mination for the Bangsamoro shallpreclude any future interpretationto include independence, even as

parallel strategies are explored onhow these commitments can be ful-filled, either through the existinglegal framework or under efforts toamend it, but never to include in-dependence for the Bangsamoro.”

x x x

“Our immediate course of actionis to draw up a full menu of options to

move the negotiations forward – fore-most of which is to identify agree-ments in principle which can bereadily accommodated under exist-ing processes. On the other hand,issues of a Constitutional nature,excluding independence, can betaken up with the framers when suchan opportunity becomes evident.”

-Excerpted from the letter ofPresident Gloria Macapagal-Ar-royo to Malaysian Prime Min-ister Abdullah Badawi datedMay 6, 2008

OVERVIEW

1. The Memorandum ofAgreement on Ancestral Do-main (MOA-AD) is not yet theFinal Peace Agreement or Com-prehensive Compact with theMoro Islamic Liberation Front(MILF). Ancestral Domain isonly the third substantive aspectof the GRP-MILF peace negotia-tions which, when signed, will

Artwork : Moro and Christian youths in Lanao del Norte and North Cotabatoexpress their hopes for peace and unity through games and creative activities(this and succeeding pages).

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lead to further negotiations onunsettled and outstanding is-sues, mostly on Governance.This then culminates in a FinalPeace Agreement, targeted forcompletion by November 2009.

2. The two (2) earlier aspectsagreed upon were the Imple-menting Guidelines on the Se-curity Aspect of the TripoliAgreement on Peace of 2001dated August 7, 2001, and theImplementing Guidelines onHumanitarian, Rehabilitationand Development Aspects ofthe Tripoli Agreement on Peaceof 2001 dated May 7, 2002.

3. In discussing AncestralDomain, the GRP and MILF haveearlier agreed to segment the is-sue to four (4) sections, namely:Concept, Territory, Resourcesand Governance. Through thesestrands, both sides have gonebeyond treating the issue of An-cestral Domain as a question ofmere land ownership. Rather,both sides have forged a com-mon objective of addressing thesubject in terms of acknowledg-ing the identity of theBangsamoro people, affirming

By Archbishop Orlando Quevedo, OMI

The following, I believe, are the two fundamental bases forthe forging of lasting peace in Mindanao. At the very beginningof any peace negotiation, there has to be a clear and explicitrecognition, mutually accepted: (1) of the national sovereigntyand territorial integrity of the Philippines as enshrined in thePhilippine Constitution; (2) of the Moro aspiration for selfdetermination and its concrete realization in a manner inaccord with the Philippine Constitution. It seems to me thatthese fundamental concepts are at least implicitly accepted byboth groups.

I believe that the lack of clarity in the MOA-AD with regard tothe above two-fold fundamental concepts, aggravated by lackof consultation and reinforced by anger, misinformation,misconceptions, biases, prejudices, and resistance to change,led to the present grave uncertainties regarding the peaceprocess.

The reflections of Archbishop Orlando Quevedo of Cotabato,dated September 4, 2008. Archbishop Quevedo was born andgrew up in Banga, South Cotabato. His many assignmentsinclude being president of Notre Dame University in CotabatoCity, Bishop of the Prelature of Kidapawan and Archbishop ofVigan. Below are excerpts. — RBR.................................................................................................................

Two Fundamental Postulates for LastingPeace in Mindanao

their rights over a homeland andits resources, and providingthem the opportunity to estab-lish a system of governance suit-able and acceptable to them as a

people possessing a unique his-tory and culture.

4. The peace negotiationsbetween the GRP and MILF fo-cuses on the need to address thelegitimate aspirations of theMuslims in Mindanao(Bangsamoro) which had beenunresolved by the 1996 FPA withthe Moro National LiberationFront (MNLF). Having brokenoff from the MNLF in 1977 andhaving consistently rejected the1996 GRP-MNLF FPA, the MILFseeks a negotiated political so-lution beyond what was ob-tained under the said accord,towards greater political, socialand economic empowerment ofthe Bangsamoro people.

CONCEPT

5. Ancestral Domain, as aconcept in the context of theGRP-MILF Peace Negotiations,is more than just land and itsproprietary ownership. TheMemorandum of Agreement onAncestral Domain (MOA-AD)also has items that explicitlydefine the Bangsamoro people’sidentity and acknowledge theirroots as a self-governing soci-

ety in pre-colonial Philippines.The heart of the concept of An-cestral Domain is respect andacknowledgement of theBangsamoro identity, and theirunique history and culture as apeople.

6. The MOA-AD likewisestresses the free choice ofLumads or Indigenous Peopleand Christians in the prospec-tive Bangsamoro Juridical En-tity (BJE) and respect for reli-gious and cultural liberties.

7. The MOA-AD recognizesand upholds vested propertyrights (e.g. private property,ancestral domain claims/titles,lease agreements, etc.).

8. The Terms of Reference ofthe MOA-AD include: the 1976& 1996 GRP-MNLF Agreements,Republic Act No. 6734, asamended by Republic Act No.9054, otherwise known as the“Organic Act for the Autono-mous Region in MuslimMindanao” (ARMM Law), Re-public Act No. 8371 otherwiseknown as the “The IndigenousPeoples Rights Act of 1997”,United Nations Declaration of

Photos by TRACY PABICO

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My daughter is a Metro Ma-nila based architect-writer. Iwas amazed at how accuratelyshe has absorbed the es-sence of the current MOA-ADcontroversy despite my re-fusal to reveal details of thenegotiations. She wrote thispiece on September 4. Let meshare some excerpts. — RBR

PEAPEAPEAPEAPEACETCETCETCETCETALK: DealALK: DealALK: DealALK: DealALK: DealBreakerBreakerBreakerBreakerBreaker

by Amillah S. Rodil

Rights of Indigenous Peoples,the Universal Declaration ofHuman Rights, principles of In-ternational Humanitarian Law,and international human rightsinstruments.

TERRITORY

9. The section on Territorydefines the area (i.e. CategoryA) of the BJE as follows:

a. The present AutonomousRegion in MuslimMindanao (ARMM) as thecore;

b The six (6) municipalities ofLanao del Norte that voted“yes” in the 2001 plebiscite,whose inclusion to thepresent ARMM will requirean enabling law; and

c. The seven hundred thirty-five (735) barangays adja-cent to the ARMM andfound in the Provinces ofSultan Kudarat, Lanao delNorte, North Cotabato,Cotabato City, Iligan Cityand Isabela City, as well asother barangays situated inZamboanga Sibugay,

Zamboanga del Sur, andZamboanga City whose ac-cession to the presentARMM will be determinedthrough the conduct of aplebiscite via Congres-sional legislation withintwelve (12) months after thesigning of the MOA onAncestral Domain.

By agreeing to the conductof the plebiscite, therefore, theMILF accepts the legal processesthe Government has to under-

take, particularly the enactmentof an enabling law by Congressfor such plebiscite to take place.

10. The second category(Category B) refers to areas out-side the BJE which shall receivesocio-economic developmentassistance by Government, con-sidering that there are also Mus-lim communities in these areas.A duly-legislated plebiscite willbe conducted in these areas notearlier than twenty-five (25)years from the signing of theFinal Peace Agreement to deter-mine the question of their ac-cession to the BJE.

11. The third category (Cat-egory C) defines maritime ar-rangements mainly intended forthe economic empowerment of

As of yesterday, PGMA hasofficially dissolved the govern-ment panel for peace talkswith the MILF. . . The contro-versial (and I think, misunder-stood) Memorandum of Agree-ment on Ancestral Domainwas part of the deal, and nowit has also been scrappedalong with the panel.

I believe that what contrib-uted to the breakdown of thetalks was the series of knee-jerk chain reactions. . . Theydid not see it as part of a longprocess of negotiation, a pre-liminary agreement thatwould still be refined, dis-cussed, and go through demo-cratic processes.

So who do you think is thedeal breaker?

Maybe it’s not good topoint fingers now.

.....................................................

The MOA-ADis not a finaldocument,with manyspecificdetails still tobe agreed to.

Laughter: Through play and other activities, children learn the rudiments of peace.

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the Bangsamoro in their tradi-tional maritime domain. Sucharrangements shall comprisethe following:

a. Management, developmentand protection of naturalresources within the watersextending fifteen (15) kilo-meters from the shorelinesof the BJE;

b. Joint jurisdiction, authorityand management betweenthe Central Governmentand BJE over resourcesfound in the areas beyondthe fifteen (15) kilometersand within Philippinebaselines. By the joint na-ture of the arrangements onjurisdiction, authority, andmanagement of territorialwaters, the BJE is designedto be a political unit withinthe framework of Philip-pine sovereignty. The re-peated use of the term “Cen-tral Government” (read:National Government) inthe MOA-AD clearly de-notes that the BJE is an in-tegral part of the Republic.

RESOURCES

12. The section on Re-sources grants authority to theBJE on the use and developmentof all resources, including stra-tegic resources, found within itsjurisdiction. The MOA sets theratio of the sharing of wealthbetween the BJE and the Cen-tral Government at 75:25 in fa-vor of the BJE. The other featuresof this section are:

a. BJE may enter into eco-nomic cooperation andtrade relations with foreigncountries;

b. A Central Government-BJEfive (5)-man Economic Mis-sion will be establishedwhich will invite interna-tional funding institutionsfor reconstruction and de-velopment efforts withinthe BJE;

c. Existing/operating forestconcessions, timber li-

censes, Mineral Productionand Sharing Agreements,etc., shall be respected. BJEwill have authority to re-new, review, modify and/or cancel the same;

d. Acknowledgment of legiti-mate Bangsamoro griev-ances and restitution mea-sures for unjust disposses-sion.

GOVERNANCE

13. The last section onGovernance lays out the generalprinciples on the powers of theBJE.

a. MOA provisions requiringamendments to the existinglegal framework shallcome into force only uponsigning of a Final PeaceAgreement and upon ef-fecting the necessary

changes to the legal frame-work, both in terms of ex-isting laws and/or the Con-stitution.

By the aforemen-tioned, the MILF acceptedthat prerequisite changes inthe present legal frame-work of the Philippines,both in terms of existinglaws and/or the Constitu-tion, are necessary beforethe provisions of the MOA-AD can take effect.

The MOA-AD is notself-executing and there-fore needs both the FinalPeace Agreement AND anenabling act before it canbe implemented.

b.The details of the mecha-nisms and modalities toimplement the MOA-ADshall still be spelled out inthe Final Peace Agreement.

c. BJE shall be empowered tobuild, develop and main-tain its owns institutions,inclusive of civil service,electoral, financial andbanking, education, legis-lation, legal, economic, andpolice and internal securityforce, judicial system andcorrectional institutions;

details still to be discussedin the Final Peace Agree-ment stage.

CONCLUSION

14. In brief, the BJE is anintegral part of the Republic.The MOA-AD envisions the BJEas a political entity with a largerterritory and with greater pow-ers than the present ARMM.

The MOA-AD is not a finaldocument, with many specificdetails still to be agreed to be-fore a Final Peace Agreement issigned and sealed, and subjectedto enactment of laws and/orpossible amendment of theConstitution to enable it. Theeffectivity provision is clear: theAgreement would only “comeinto force upon signing of aComprehensive Compact (FinalPeace Agreement) and upon ef-fecting the necessary changes tothe legal framework”.

15. The MOA-AD was ini-tialed by both panels at the closeof the 16th Exploratory Talks on27 July 2008 in Kuala Lumpur,Malaysia. Once the MOA-AD isformally signed, both panelswill then meet for the formaltalks to further negotiate thedetails of a Final Peace Agree-ment. They will endeavor to doso within fifteen (15) monthsafter the signing of the MOA-AD.

16. The GRP-MILF nego-tiations is sti l l a work inprogress. n

RUDY B. RODIL is a Mindanaohistorian and a retired professor ofhistory at Mindanao State Univer-sity-Iligan Institute of Technology(MSU-IIT). He served as Vice Chairof the Government of the Republicof the Philippines (GRP) Peace Ne-gotiating Panel in Talks with theMoro Islamic Liberation Front(MILF), 2004-2008.

NOTES:1 Government of the Republic of

the Philippines

2 Moro National Liberation Front

3 Moro Islamic Liberation Front

The BJE is anintegral partof theRepublic.

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TRACY PABICO