Consensus Points on the Strands on Concept, Territory Resources, and Governance at TWG level

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Consensus Points on the Strands on Concept, Territory Resources, and Governance at TWG level
Date: 20 Apr 2005
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Prof. Rudy Rodil, GRP-TWG Chair;
Atty. Musib Buat, MILF-TWG Chair
Third parties: -
Description: Two page agreement affirming consensus points on issues of Bangsamoro identity, territory, resources, and governance.

Agreement document: PH_050420_Consensus Points of TWG Discussions.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: Groups→Religious groups→Substantive
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribes to free choice. They also agreed to elevate to the panels for discussion the inclusion of IPs as part of the Bangsamoro people.
Indigenous people: Groups→Indigenous people→Substantive
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribes to free choice. They also agreed to elevate to the panels for discussion the inclusion of IPs as part of the Bangsamoro people.

Page 1, Territory
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
3. On Paragraph 2(c) of the MILF position paper on Territory, both Parties agree on the ARMM as part of the core of the Bangsamoro homeland.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.
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): Governance→Political institutions (new or reformed)→General references
Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

Page 2, Resources
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.
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
Page 1, Territory
1. Both Parties agree on Paragraph 1 of the MILF position paper on Territory.
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
3. On Paragraph 2(c) of the MILF position paper on Territory, both Parties agree on the ARMM as part of the core of the Bangsamoro homeland.
4. Both Parties agree to come up with detailed maps, locations and related date indicated in Paragraph 2(a)-2(c) for matching and comparison purposes.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.

Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
...
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

Page 2, Governance
1. Both Parties agree to refer the matter of "governance" to the Panels for further discussion.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, Resources
1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.

Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

Page 2, Resources
3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF positions paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.

Page 2, Resources
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

Page 2, Resources
5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF Position Paper on Resources.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Concept
3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Concept
3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.
Civil and political rights: No specific mention.
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribs to free choice. They also agreed to elevate to eh panels for discussion the inclusion of IPs as part of the Bangsamoro people.

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: Page 2, Resources
1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF positions paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.
5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF Position Paper on Resources.
International funds: No specific mention.
Business: Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
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: Page 1, Territory
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.

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), pp. 148-149.

CONSENSUS POINTS OF JOINT TWG DISCUSSIONS

Concent

Both parties acknowledge the birthright of the Bangsamoro people to identify themselves as ‘Bangsa Moros’ as stipulated in Paragraph 1 of the MILF position paper.

Both parties affirm the rights of non- Islam professing indigenous tribes to free choice.

They also agreed to elevate to the Panels for discussion the inclusion of IPs as part of the Bangsamoro people.

2. Both parties agree in principle to Paragraph 2 of the MILF position paper.

3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.

4. Both Parties agree on the theory that ancestral domain does not form part of the public domain.

5. The Parties agree to the definition of ancestral domain and ancestral land as indicated in Paragraph 5 of the MILF position paper.

Territory

Both Parties agree on Paragraph 1 of the MILF position paper on territory.

Both Parties agree to the rationale of including bodies of water (maritime,

On paragraph 2(e) of the MILF position paper on territory, both Parties agree on the ARMM as part of the core of the Bansamoro homeland

Both Parties agree to come up with detailed maps, locations and related data indicated in Paragraphs 2(a)-2(c) for matching and comparison purposes.

On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland-seas, bodies of water, bays, straits and channels within the Mindanao-Suha-Palawan region as part of the Bangsamoro homeland

Resources

1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.

2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF position paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.

4. Both Parties agree to carry Paragraph 5 of the MLF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF position paper on Resources.

Governance

1. Both Parties agree to refer the matter of "governance" to the Panels for further discussion.

For GRP-TWG:

PROF.RUDY RODIL (GRP-TWG CHAIR)

For the MILF-TWG:

ATTY.

MUSIB BUAT (MILF-TWG CHAIR)