Joint Statement - 5th GRP-MILF Exploratory Talks (February 20 2004)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Joint Statement - 5th GRP-MILF Exploratory Talks (February 20 2004)
Date: 20 Feb 2004
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: Silvester C. Afable, Jr., GRP Panel Chair;
Mohagher Iqbal, MILF Panel Chair
Third parties: -
Description: Agreement informing on the 5th Round of GRP-MILF Exploraty Talks, in which it was decided to resume formal peace talks in April, 2004, with the facilitation of the Malaysian Government. It was also agreed upon that the Terms of Reference (ToR) for the International Monitoring Team (IMT) would be finalized by the Malaysian Government, and that both Parties would further the rehabilitation and development efforts of the conflict-affected areas.

Agreement document: PH_040220_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: 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: 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: 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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
[...] Both Panels agreed to the mechanism to extend capacity-building programs for the people in conflict-affected areas through the Bangsamoro Development Agency (BDA), the development arm of the MILF. TO assist in the rehabilitation and development of conflict-affected areas, the Malaysian Government has committed a similar program for the BDA under its Malaysian Technical Cooperation Program.

Likewise, the Panels will work closely with the World Bank and the multi-donor community in implementing the joint needs assessment phase of the Multi-Donor Trust Fund intended for the rehabilitation and development of the conflict-affected areas. In this regard, the BDA shall represent the MILF. A similar request will be made to the Islamic Development Bank (IDB).
National economic plan: [...] Both Panels agreed to the mechanism to extend capacity-building programs for the people in conflict-affected areas through the Bangsamoro Development Agency (BDA), the development arm of the MILF. TO assist in the rehabilitation and development of conflict-affected areas, the Malaysian Government has committed a similar program for the BDA under its Malaysian Technical Cooperation Program.

Likewise, the Panels will work closely with the World Bank and the multi-donor community in implementing the joint needs assessment phase of the Multi-Donor Trust Fund intended for the rehabilitation and development of the conflict-affected areas. In this regard, the BDA shall represent the MILF. A similar request will be made to the Islamic Development Bank (IDB).
Natural resources: No specific mention.
International funds: [...] Likewise, the Panels will work closely with the World Bank and the multi-donor community in implementing the joint needs assessment phase of the Multi-Donor Trust Fund intended for the rehabilitation and development of the conflict-affected areas. In this regard, the BDA shall represent the MILF. A similar request will be made to the Islamic Development Bank (IDB).
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→International finance
[...] Likewise, the Panels will work closely with the World Bank and the multi-donor community in implementing the joint needs assessment phase of the Multi-Donor Trust Fund intended for the rehabilitation and development of the conflict-affected areas. In this regard, the BDA shall represent the MILF. A similar request will be made to the Islamic Development Bank (IDB).

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
[...] The GRP and MILF Panels resolved all outstanding issues in the way of the formal talks and expressed confidence that the prospects for lasting peace were firm. They commended the work of the Coordinating Committee on the Cessation of Hostilities (CCCH) of both Parties in stabilizing the situation on the group and nurturing the climate of peace.
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: [...] The Panels agreed to consolidate their respective proposed Terms of Reference (TOR) for the International Monitoring Team (IMT), and requested the Malaysian Government to send the advance survey team in Southern Philippines soonest possible. An itinerary for the team was adopted. Both Panels agreed for the Malaysian Government to finalize the TOR in consultation with the Panels and undertake the task of setting up the IMT in Southern Philippines.
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. 135.

JOINT STATEMENT

The 2-day Round of GRP-MILF Exploratory Talks ended in Kuala Lumpur today with both sides agreeing to resume formal peace talks towards the end of April 2004, as facilitated by the Malaysian Government.

The GRP and MILF panels resolved all outstanding issues standing in the way of the formal talks and expressed confidence that the prospects for lasting peace were firm.

They commended the work of the Coordinating Committee on the Cessation of Hostilities (CCCH) of both Parties in stabilizing the situation on the ground and nurturing the climate for peace.

The Panels agreed to consolidate their respective proposed Terms of Reference (TOR) for the International Monitoring Team (IMT), and requested the Malaysian Government to send the advance survey team in Southern Philippines soonest possible.

An itinerary for the team was adopted.

Both Panels agreed for the Malaysian Government to finalize the TOR in consultation with the Panels and undertake the task of setting up the IMT in Southern Philippines.

Both Panels agreed to the mechanism to extend capacity-building programs for the people in unset-affected areas through the Bangsamoro Development Agency (BDA), the development Arm of the MILF.

To assist in the rehabilitation and development of conflict-affected areas, the Malaysian Government has committed a similar program for the BDA under its Malaysian Technical Cooperation Program (MTCP).

Likewise, the Panels will work closely with the World Bank and the multi-donor community in implementing the joint needs assessment phase of the Multi-Donor Trust Fund intended for the rehabilitation and development of the conflict-affected areas.

In this regard, the BDA shall represent the MILF.

A similar request will be made to the Islamic Development Bank (IDB)

The Panels expressed their gratitude to Malaysian Prime Minister Dato' Seri Abdullah Bin Haji Ahmad Badawi and to President Glorin Macapagal-Arroyo, for their unstinting support to the Mindanao pence process, which largely contributed to this breakthrough.

The GRP delegation was composed of Panel Chair Sec Silvestre C. Afable, Jr., L.t.

General Rondolfo Garcia, Ms. Diositin T. Andot and Mr. Ryan Mark B. Sullivan and the MILF delegation was composed of Mr. Mohagher Iqbal, Attorney Lana ng S. Ali, Attorney Michael O. Mastura, Mesir.

Robert Maulana M. Alano, Mr. Mike Pasigan and Mohajirin T. Ali.

Done on 20 February 2004 at Kuala Lumpur, Malaysia.

FORTHF GRP:

SILVESTER C. AFABLE.

JR. (

GRP Panel Chair)

FOR THE MILF:

MOHAGHER IQBAL (MILF Panel Chair)