Highlights of the Meeting of the Joint Technical Group on Concept

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Highlights of the Meeting of the Joint Technical Group on Concept
Date: 6 Feb 2006
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: Mr. Tapa Umal, GRP Technical Working Group on Concept Chairman;
Prof. Habib Macaayong, MILF Technical Working Group on Concept Chairman
Third parties: -
Description: One page agreement that highlights the meeting of the Technical Working Groups (TWGs) on the Strand of Concept, in which the Parties affirmed that 'the Bangsamoro Judicial Entity shall have the authority and the jurisdiction over the ancestral domain and ancestral land'.

Agreement document: PH_060206_Highlights of TWG on Concept.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
P
Groups→Indigenous people→Substantive
age 1, 2. The remaining unresolved issue under the Strand on Concept concerns the question of delineation. After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and nonalienable within the Bangsamoro homeland. The delineation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.
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: Page 1, 2. The remaining unresolved issue under the Strand on Concept concerns the question of delineation. After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and nonalienable within the Bangsamoro homeland. The delineation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.
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 1, 2. The remaining unresolved issue under the Strand on Concept concerns the question of delineation. After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and nonalienable within the Bangsamoro homeland. The delineation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.
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, 2. The remaining unresolved issue under the Strand on Concept concerns the question of delineation. After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and nonalienable within the Bangsamoro homeland. The delineation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.
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: Page 1, 2. The remaining unresolved issue under the Strand on Concept concerns the question of delineation. After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and nonalienable within the Bangsamoro homeland. The delineation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.
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. 156.

Highlights of the Meeting of the Joint Technical Group on Concept

06 February 2006

GRP Side

1. Mr. Tapa Umal (Chairman)

2. Sec.

Kabuntalan Emblawa

3. Director Nasser Musali

MILF Side

1. Prof Habib Macaayong (Chairman)

2. Dr Esmail Disoma

3. Atty.

Faisal Abdul

1. The meeting began at 10.30am and both the GRP TWG and the MILF TWG started with an introduction of each other.

Both parties agree to reaffirm what has been agreed upon in the previous TWG meetings on concepts and principles.

2. The remaining unresolved issue under the Strand on Concept concerns the question of delination.

After a thorough and lengthy discussion by the GRP and MILF TWGs, both parties agree to put on record that the Bangsamoro Judicial Entity (BJE) shall have the authority and the jurisdiction over the ancestral domain and ancestral land, including both the alienable and no-alieanable within the Bangsamoro homeland.

The deliniation of ancestral domain/land that has been agreed by the Strand on Territory rests with the BJE.

3. Both TWGs adjourned at 10.30pm.