Joint Statement (December 9 2009)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Joint Statement (December 9 2009)
Date: 9 Dec 2009
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: Rafael E. Seguis, GRP Panel Chairman;
Mohagher Iqbal, MILF Panel Chairman
Third parties: Signed in the presence of: Datuk Othman Bin Abdul Razak, Malaysian Government Facilitator
Description: Agreement that informs on the resumption of formal talks between the Parties. The Parties agreed to renew the mandate of the International Monitoring Team (IMT)and revive the Ad Hoc Joint Action Group (AHJAG) to pursue criminal elements, in addition to assuring that Martial Law in Maguindanao would not affect the peace process. Civil society is represented in the International Contact Group, and the Parties extend an invitation to several NGOs to help monitor the ceasefire, the humanitarian rehabilitation and the civilian protection agreements. The Parties also agree to begin negotiations on a Comprehensive Compact.

Agreement document: PH_091209_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: No specific mention.
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: Page 1,
[...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).

Page 1,
[...] In a show of support, the members of the newly-constituted International Contact Group (ICG) attended and addressed the opening and closing sessions of the two-day formal resumption of the Talks. The ICG was represented by Japanese Ambassador to Malaysia Masahiko Hori, British High Commissioner to Malaysia Boyd McCleary, [...] the Asia Foundation,Conciliation Resources, Centre for Humanitarian Dialogue.
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: No specific mention.
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: Rights related issues→Protection measures→Protection of civilians
Page 1,
[...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
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: Page 1,
[...] Also, the MILF sought clarification on the implication of the declaration of martial law in the Province of Maguindanao which point the GRP stated that it would not affect the peace process.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1,
[...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
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: Security sector→Ceasefire→General commitments
Page 1,
[...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
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: Page 1,
[...] The Parties also renewed their commitment to continue efforts in coordinating the interdictment and isolation of criminal and lawless elements by reviving the Ad Hoc Joint Action Group (AHJAG).
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: Signed in the presence of: Datuk Othman Bin Abdul Razak, Malaysian Government Facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1,
[...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
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. 291.

Joint Statement

The GRP and MILF Peace Panels, with the Malaysian third party facilitator, opened the formal peace negotiations and reaffirmed their shared commitment to building a just, enduring and comprehensive peace in Mindanao.

With the formal resumption of the Talks, the parties agree to begin in earnest the negotiations on a Comprehensive Compact.

As the parties continue the path of peace, they also agreed to continue creating and enabling secure environment of the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian, rehabilitation, development and civilian protection agreements.

Pursuant to this, the Parties will invite IMT members Malaysia, Japan, Brunei and Libya and non-government organisations, namely the International Committee on the Red Cross (ICRC), the Mindanao People’s Causes (MPC) and the Non-violent Peace Force (NVPF).

The Parties also renewed their commitment to continue efforts in coordinating the interdiction and isolation criminal and lawless elements by reviving the Ad Hoc Joint Action Group (AHJAG).

The GRP took serious note of the MILF concerns of continued arrests of its elements by the government authorities and to take steps to address the issue.

Also, the MILF sought clarification on the implication of the declaration of martial law in the Province of Maguindanao to which point the GRP stated that it would not affect the peace process.

In a show of support, the members of the newly-constituted International Contact Group (ICG attended and addressed the opening and closing sessions of the two-day formal resumption of the Talks.

The ICG was represented by Japanese Ambassador to Malaysia Masahiko Horic, British High Commissioner to Malaysia Boyd McCleary, Turkish Chargé d’Affaires Yasin Temizkan, Steven Rood and Herizal Hazri of The Asia Foundation, Cynthia Petrigh and Kristian Herbolzheimer of Conciliation Resources, David Gorman of the Centre for Humanitarian Dialogue, and Prof. Dr. Din Syamsuddin and Dr. Sudibyo Markus of Muhammadiyah.

The Parties expressed their gratitude to her Excellency President Gloria Macapagal-Arroyo for her desire and commitment to peace and development in Mindanao, and to His Excellency Prime Minister Dato’ Sri Mohd Najib bin Tun Haji Abdui Razak for his generous and steadfast support to the GRP-MILF peace process.

Done this 9th day of December 2009 in Kuala Lumpur, Malaysia.

For the GRP:

RAFAEL E. SEGUIS (GRP CHAIRMAN)

For the MILF:

MOHAGHER IQBAL (MILF PANEL CHAIRMAN

Signed in the Presence of:

DATUK OTHMAN BIN ABDUL RAZAK (MALAYSIAN GOVERNMENT FACILITATOR)