Joint Statement (July 27 2008)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Joint Statement (July 27 2008)
Date: 27 Jul 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Rodolfo C. Garcia, GRP Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: -
Description: Agreement by the Parties, informing that, with Malaysian Government facilitation, the Panels have initialed the final draft of the Memorandum of Agreement on Ancestral Domain (MOA-AD) and that the Chairmen of the two Peace Panels will officially sign the MOA-AD in early August in the presence of the Secretary of Foreign Affairs of the Republic of the Philippines and the Foreign Minister of Malaysia.

Agreement document: PH_080727_Joint Statement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Rhetorical
Page 1, The Parties look forward to continue the negotiations on the Comprehensive Compact and finally address the Bangsamoro problem and the conflict in Mindanao.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Summary: The referenence to the MOA-AD, Memorandum of Agreement on Ancestral Domain is a reference to a commitment to an autonomous Bangasmoro.

Page 1, ... With the facilitation of the Malaysian Government, the Government of Republic of Philippines (GRP) and the Moro Islamic Liberation Front (MILF) Panels have initialled today the final draft of Memorandum of Agreement on Ancestral Domain (MOA-AD). Having restarted the talks today, relying on the deep reservoir of goodwill and cooperation of both sides, the two Panels have drafted an important document that would contribute immeasurably to peace in Mindanao, progress and prosperity for the Philippines, and strong affirmation of Malaysia – Philippine bilateral relations and multilateral cooperation for peace. ...
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), p. 256.

Joint Statement

With the facilitation of the Malaysian Government, the Government of Republic of Philippines (GRP) and the MORO Islamic Liberation Front (MILF) Panels have initiated today the final draft of Memorandum of Agreement on Ancestral Domain (MOA-AD).

Having restarted the talks today, relying on the deep reservoir of goodwill and cooperation of both sides, the two panels have crafted an important document that would contribute immeasurably to peace in Mindanao progress and prosperity for the Philippines and strong affirmation of Malaysia.

Philippine bilateral relations and multilateral cooperation for peace.

The conclusion of today’s session marks the end of the negotiations on the third aspect of the Tripoli Agreement on Peace of 2001.

Both sides reached a consensus to initial final draft pending its official signing by the Chairman of the two peace panels in early August 2008, in Patrajoya, Malaysia.

The ceremony will be witnessed by the Secretary of Foreign Affairs of the Republic of the Philippines and the Foreign Minister of Malaysia.

The parties look forward to continue their negotiation on the Comprehensive Compact and finally address the Bangsamoro problem and the conflict in Mindanao.

The panels conveyed their appreciation to H.E. Prime Minister Dato’ Seri Abullah bin Heji Anmad Badawi for the Malaysian Government’s continued assistance in keeping the peace process on track and to H.E. President Gloria Macapagal Arroyo’s unwavering commitment to pushing forward the Mindanao peace process.

Done on the 27th of July 2008 at Kuala Lumpur, Malaysia.

For the GRP:

RODOLDO C. GARCIA (GRP PANEL CHAIR)

For the MILF:

MOHAGHER IQBAL (MILF PANEL CHAIR)

Witnessed by:

DATUK OTHMAN ABDUL RAZAK (SPECIAL ADVISOR TO THE PRIME MINISTER)