The Political Settlement With the Bangsamoro

7/28/2019 The Political Settlement With the Bangsamoro

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THE POLITICAL

SETTLEMENT WITHTHE BANGSAMOROCOMPROMISES &

CHALLENGES

PROF. MIRIAM CORONEL FERRER

Chair, Government Negotiating Panel forTalks

with the Moro Islamic Liberation Front(MILF)

Department of Political Science,

University of the Philippines


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THE FRAMEWORK AGREEMENT

ON THE BANGSAMORO (FAB)

Signed 15 October 2012

Concluded in 32nd Exploratory Talks (from 1997)

Finalized on 13th meeting between panels under the

administration of President Benigno Aquino III (Pnoy)


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WHAT THE FAB PROVIDES

NEW POLITICAL ENTITY THAT WILL REPLACE THE

AUTONOMOUS REGION IN MUSLIM MINDANAO:

THE BANGSAMORO:

TRANSITION PROCESS: THE ROAD MAP

ANNEXES TO FOLLOW


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THE ROAD MAP

TRANSITION COMMISSION IS CREATED BY EXECUTIVE ORDER BASIC LAW IS PASSED BY CONGRESS

TRANSITION AUTHORITY REPLACES THE ARMM

2016 ELECTION FOR THE BANGSAMORO OFFICIALS

Executive Order 120 creating the Transition Commission wassigned by the President on 17 December 2012. The Senateand the House issued resolution supporting the Fab and theTC the next day.


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THE BANGSAMORO ENTITY

MINISTERIAL FORM

ASYMMETRIC RELATIONSHIP

TERRITORY

BANGSAMORO IDENTITY


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TERRITORY (ISSUES &

COMPROMISES) BY PLEBISCITE

COVERGE OFPROSPECTIVEBANGSAMORO ENTITY

- ARMM (5 PROVINCES/1CITY)

- 6 MUNICIPALITIES INLANAO DEL NORTE

- 39 BARANGAYS IN 6MUNICIPALITIES OFNORTH COTABATO

- ISABEL A AND COTABATOCITIES

- OTHERS BY LGURESOLUTION OR PETITION


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6 Lanao del Norte

Municipalities:

Baloi, Munai,

Pantar,

Nunungan,

Tagaloan,

Tangkal

39 Barangays in

6 N. Cotabato

municipalities:

Labacan,

Carmen,Aleosan,

Pigkawayan,

Pikit, Midsayap


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BJE TERRITORY CATEGORIES A & B

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MORE AMBITIOUS: 2008 MOA-AD Geographical Coverage


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WHO IS THE BANGSAMORO?

Those who at the time of conquest and colonization were

considered natives or original inhabitants of Mindanao and the Sulu

archipelago and its adjacent islands including Palawan, and their

descendants whether of mixed or of full blood shall have the right to

identify themselves as Bangsamoro by ascription or self-ascription.

Spouses and their descendants are classified as Bangsamoro. The

freedom of choice of other indigenous peoples shall be respected.

FAB, Part I, Item 5


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ESTIMATED MORO & NON-MORO POPULATION IN

MINDANAO, 1903-2000

Moro Pop. Non-Moro Pop.

Year Mindanao Pop Number % Number %

1903 327,741 250,000 76 77,741 24

1913 518,698 324,816 63 193,882 37

1918 723,655 358,968 50 364,687 50

1939 2,244,421 755,189 34 1,489,232 66

1948 2,943,324 933,101 32 2,010,223 68

1960 5,686,027 1,321,060 23 4,364,967 77

1970 7,963,932 1,669,708 21 6,294,224 79

1975 9,146,995 1,798,991 20 7,348,084 80

1980 10,905,243 2,504,332 23 8,400,911 77

1990 14,269,736 2,690,456 19 11,579,280 81

2000 17,819,899 3,679,228 20.6 14,140,671 79.4

Sources: Che Man (1990); 1990 and 2000 Census (National Statistics Office)


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IN THE 20

TH

CENTURY, GOVERNMENT PROMOTEDAGRICULTURAL PLANTATIONS AND MIGRATION OF PEOPLE

FROM LUZON.

THE MOROS BECAME MINORITIES IN THEIR PLACES OF BIRTH

(HOMELAND) AND LOST LANDS TO THE NEW RESIDENTS.

Muslim Population in Mindanao (2000)

Non-Muslim

79%

Muslim

21%

NEGOTIATING W ITH THE MILF: TERRITORY& GOVERNANCE QUESTIONS BY PROF.

MIRIAM CORONEL FERRER 2/2011


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MUSLIM/MORO POPULATION

2000 CENSUS Whole country 5-12 percent

Whole of Mindanao island - 20 percent (from approx 80 percent

in early 1900s)

ARMM 89.2 percent


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INDIGENOUS PEOPLES & THE FAB

ON IDENTITY: The freedom of choice of other indigenous

peoples shall be respected.

GENERAL CLAUSE: Indigenous peoples rights shall be respected.

ON JUSTICE SYSTEM: The customary rights and traditions of indigenouspeoples shall be taken into consideration in the formation of the

Bangsamoros justice system. This may include the recognition of indigenousprocesses as alternative modes of dispute resolution.

BASIC RIGHTS: Right to equal opportunity and non-discrimination in socialand economic activity and public service, regardless of class, creed,

disability, gender or ethnicity;- Right to establish cultural and religious associations;

- Right to freedom from religious, ethnic and sectarian harassment;


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GUARANTEES FOR NON-

BANGSAMORO

Vested property rights shall be respected.

Multi-donor country support, assistance, and

pledges to the normalization process

(including the) development and economicfacilitation for the return to normal life of

combatant and non-combatant elements of the

MILF, ind igenous peoples, women,

chi ldren, and internally displaced persons.


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ANNEX ON TRANSITIONAL

ARRANGEMENTS & MODALITIES

Road Map

Third Party Monitoring Team

Joint Normalization Committee Exit Agreement


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ANNEX ON POWER-SHARING

Reserved, Concurrent and Exclusive Lists of Powers orCompetencies

Principles of Intergovernmental Relations

Territorial Scope and Jurisdiction (regional waters/waterdomain)

Examples

RESERVED: Foreign affairs; National defense and security;; Postalservice;

Coinage and fiscal and monetary policies; immigration and deportation;

Intellectual Property Right;s; Common market and global trade, providedhowever that the power to enter into economic agreements alreadyallowed under RA 9054 shall be with the NPE; customs and tariff;

CONCURRENT: Auditing; Administration of Justice

EXCLUSIVE: Culture, fisheries, forestry, basic services etc.


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PRINCIPLES OF

INTERGOVERNMENTAL RELATIONS

(IGR) Parity of esteem and accepted norms of governance

Mechanisms at the highest level to harmonize and resolve IGRissues in non-adversarial manner and through consultations.

Devolution and subsidiarity at appropriate level

Devolution with empowerment and financing: strong partnershipbetween the Central Government and the Bangsamoro

LGU powers to be defined in the Basic Law; non-diminution ofprivileges unless altered for good governance by the Bangsamorolocal government code

Participation and representation of Bangsamoro peoples innational agencies and government instrumentalities


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ANNEX ON WEALTH-SHARING

GOAL: FISCAL AUTONOMY & SUSTAINABLE

DEVELOPMENT

Taxation Block grants and subsidies

Revenue-share from natural resources

Review or consultative mechanisms


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ANNEX ON NORMALIZATION Security

- Decommissioning of combatants/weapons,- Police reform: gradual transfer of law enforcement to the

police force in the Bangsamoro

- Disbanding private armed groups/eradicating loose firearms,

- Maintenance of ceasefire and demilitarization

Socio-economic

Transitional justice and reconciliation

Mechanism s to be created: Joint Normalization Committee, a Police

Reform study group, a Decommissioning body, a Truth andReconciliation Commission

Exis t ing mechanisms: International Monitoring Team, JointCoordinating Committees on the Cessation of Hostilities, Joint AdhocJoint Action Group


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23

GPH Panel MILF PanelIntl ContactGroup

IMTGPHMILFAHJAG

LMT

BDAGPH

INSTITUTIONS

Line Agencies,

ARMM, LGUs,

etc

PEACE NEGOTIATIONS

GPHMILF

CCCH

Provide advice, observe talksUK, Japan, Turkey, Saudi Arabia,TAF,

CHD , CR Muhammadiyah

Observer: OIC

--7 reps each* from

GPH & MILF

-Coordinates

ceasefire

implementation

--Joint body: 1 Core

& 5 teams

-Coordinates

interdiction of

criminal elements

in MILF areas

-

Observes implementationof agreements; headed by

facilitating country

SecurityMalaysia, Brunei, Libya***,

Indonesia, Norway

Humanitarian, Rehab & Devt

Socio-Econ.Japan

Civilian Prot. Comp.NP-P, MPC, MOGOP,

MINHRAC

Determine, lead, manage

rehab/devt projects in

conflict-affected areas

-

- -10 teams (5

members each)

operating in 10

provinces**

-Fact-finding/inquiry

work; local ceasefire

monitoring

-

- -

CEASEFIRE IMPLEMENTATION

REHAB/DEVT

Donors & Aid

Agencies

Malaysian

Facilitator(Secretariat)

European Union

BLM

I

Sect Sect


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CHALLENGES

There are more than two parties involved, morethan one cleavage to be reconciled.Need to take account of complexity & diverse

interests among groups and sectors 1996 GPH-MNLF Peace Agreement

Political clans, elites LGUs-ARG power-sharing Various tribes/ethnolinguistic groups, tri-people

(Moros, settlers, lumad) ClassesGenders Presence of other armed groups

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NOT A SINGLE

IDENTITY/NARRATIVE

While Bangsamoro identity has become a potent organizing and

mobilizing force, there are different sources and valuation of self- or

group- identity.

[TAF-SWS December 2011 Survey Results]

- Competing narratives and frames (tribe, religion, Moro, Mindanao)- Different claims

Samuel Tan: the historical past against the realities of today


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OTHER CONTEXT ISSUES

Most MILF forces are in Central Mindanao

Ability of the Central Committee to

discipline and exert leadership over all itscommands

Ability to settle rido and interdict criminal

elementsWomen question

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CHALLENGES

TRANSFORMATION OF AN ARMEDMOVEMENT INTO AN UNARMED SOCIO-POLITICAL FORCE: empowerment challenges

LONG GESTATION OF ECONOMICDEVELOPMENT & FISCAL SELF-RELIANCE

MINORITIES WITHIN MINORITIES

NATURE OF THE LEGISLATIVE PROCESS

CONTINUITY ONTO THE NEXT

ADMINISTRATION

ABOVE, FORMER PRESIDENT

FIDEL V. RAMOS WITH MNLFCHAIR NUR MISUARI . THE

FIINAL PEACE AGREEEMNT

WITH THE MNLF WAS SIGNED

IN 1996.


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WHY PEACE TALKS?

Justly resolve the historicalconflict between the Philippine(post-colonial) state and theMILF through peaceful means(given the heavy cost of war)

Transform the relationship fromenemies to equal partners inpeace and development

Enable a collaborative process

for instituting major reforms thatwill address the legitimategrievances of the Bangsa Moroand enable the exercise of theirright to self-governance

First meeting with the MILF of PNOYs GPH

Panel (Considered a non-meeting) held

on 13 January 2011 in Kuala Lumpur

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The process has been and remains long, but the goal of

transforming relationships between the parties,

between the Central and the Bangsamoro governments,

among peoples and groups from enemies to partners

is the long-term basis for achieving the desired peace.

Documents

The Political Settlement With the Bangsamoro