Minutes of the Meeting of the GRP-MILF TWG on Resources

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Minutes of the Meeting of the GRP-MILF TWG on Resources
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: ASec. Matanog M. Mapandi, GRP TWG Chairman;
Dep. Exec. Dir. Ali B. Sangki, GRP TWG Member;
Datu Al S. Saliling, GRP TWG Member;
Datu Antonio P. Kinoc, MILF TWG Chairman;
Amor B. Pandaliday, MILF TWG Member;
Sultan Liwalug B. Dimapunung, MILF TWG Member
Third parties: -
Description: Agreement by the Technical Working Groups on the Strand of Resources that details the process of reaching consensus on certain issues relating to resources. It was agreed upon that the matter of restorations and reparations would be elevated to the Peace Panels for further discussion.

Agreement document: PH_060206_Minutes of TWG Meeting on Resources.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→Substantive
Page 2, 8. On the second statement on item no 3 of the MILF draft position paper, the paragraph was amended as agreed by both Parties to read as follows: "Forest concessions, timber licenses, contracts or agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, modified, and/or cancelled by the latter."

Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: "To ensure the development of the Bangsamoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement. Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.

Page 3, 13. MILF Panel observer Alonto clarified that the term Bangsamoro juridical entity has to be stated to line it up with the other strands and to avoid confusion in referring to either the Juridical entity or the Bangsamoro as a whole. He added that the Bangsamoro Juridical entity cannot exist without the Bangsamoro people.

Page 3, 17. MILF Panel observer Alonto stated that the TWGs include both terms. The statement thus reads as follows: Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes or wetlands, lakes or inland bodies of waters, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement. Mineral lands and Strategic minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.

Page 3, 19. On Paragraph 5, the GRP TWG proposed that the following phrase be included to amend the MILF position: "Customary laws shall govern the delineation, disposition, perfection of land claims, ownership of communal lands, and settlement of land disputes between and among the Bangsamoro people."

Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: d) civil and military reservations leading to the disruptions of their prior established communities [...]

Page 6, 40. The MILF TWG chair Kinoc said that the GRP TWG positions was not explicit on how they will compensate and acknowledge their losses.

Page 6, 50. MILF TWG chair Kinoc stated that for centuries their peple had been deprives, assailed, their lands removed, their communities strafed and bombed and their people were practically displaced. He said that they just want recognition and acknowledgement that their people, the Bangsamoro people, have always been there. Item no 6 is beyond the authority of the MILF TWG to decide and what has been stated cannot be changed. He requested that the GRP TWG shall try to convince their Principals to consider their position. This is their stand and unless the Government recognizes they leave it as it is.

Page 7, 56. 2) That item No. 5 of the Consensus Points on Resources (or Paragraph 6 of the MILF Position Paper) shall be re-stated as follows: "The legitimate grievances of the Bangsamoro people arising form any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledge. Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparations collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.

Page 7, 58. Upon resumption, both Parties agreed on the following: 3) That item No. 2 of the Consensus Points on Resources (or Paragraph 3 of the MILF Position Paper) shall read as follows: "All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the Bangsamoro homeland as forest reserves shall continue to remain in force until otherwise modified, revised or superseded by subsequent policies, rules and regulations issued by the competent Bangsmaoro authority or juridical entity.

Page 8, 58. 3) [...] Forest concessions, timber licenses, contracts or agreements, mining concessions, mineral production and sharing agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine Government including those issues by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate form the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter."
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 6, 50. MILF TWG chair Kinoc stated that for centuries their peple had been deprives, assailed, their lands removed, their communities strafed and bombed and their people were practically displaced. He said that they just want recognition and acknowledgement that their people, the Bangsamoro people, have always been there. Item no 6 is beyond the authority of the MILF TWG to decide and what has been stated cannot be changed. He requested that the GRP TWG shall try to convince their Principals to consider their position. This is their stand and unless the Government recognizes they leave it as it is.
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: Provides for economic power-sharing aspects of autonomy, see economic power sharing.
Page 3, 13. MILF Panel observer Alonto clarified that the term Bangsamoro juridical entity has to be stated to line it up with the other strands and to avoid confusion in referring to either the Juridical entity or the Bangsamoro as a whole. He added that the Bangsamoro Juridical entity cannot exist without the Bangsamoro people.

Page 3, 19. On Paragraph 5, the GRP TWG proposed that the following phrase be included to amend the MILF position: "Customary laws shall govern the delineation, disposition, perfection of land claims, ownership of communal lands, and settlement of land disputes between and among the Bangsamoro people."
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, 2. GRP Panel member Gov. Pax Mangudadatu, who is sitting as observer welcomed the group and said that the group discussed the strand on resources already and will just have to finalize the consensus point. He expressed hopes that discussions on the joint TWG on the strand on resources will conclude successfully.

Page 1, 4. Office of Muslim Affairs Deputy Executive Director Ali Sangki pointed out that both the Consensus Points on Resources and the MILF position paper submitted to the GRP during the 7th Exploratory Talks held in Port Dickson, Malaysia shall be used as references to guide the discussion. Correspondingly, he pointed out that there are pending issues that need to be further amplified, among which are item no. 3 and item no. 5.

Page 2, 8. On the second statement on item no 3 of the MILF draft position paper, the paragraph was amended as agreed by both Parties to read as follows: "Forest concessions, timber licenses, contracts or agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, modified, and/or cancelled by the latter."

Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: "To ensure the development of the Bangsamoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement. Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.

Page 3, 16. GRP TWG Mapandi mentioned that RA 9054 covers the devolution of powers covering use of natural resources except "strategic minerals".

Page 3, 17. MILF Panel observer Alonto stated that the TWGs include both terms. The statement thus reads as follows: Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes or wetlands, lakes or inland bodies of waters, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement. Mineral lands and Strategic minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.

Page 6, 43. On Par. 3, the group discussed the issue on the phrase "unless subsequently granted or renewed..." the MILF submitted that government has jurisdiction over the concessions, licenses, contracts or agreements granted.

Page 6, 44. MILF TWG chair Kinoc clarified that the phrase starting from "No forest concessions, timber license, contracts or agreements of any kind or nature whatsoever granted by the Philippine Government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless subsequently granted or renewed..." is a prohibitive provision which indicates that the operation of the forest concessions, timber license, contracts or agreement of any kind or nature will continue to exist unless subsequently granted or renewed by the Bangsamoro juridical entity. He further clarified that in legal parlance this provisions should begin with the negative word "No" for purposes of consistency.

Page 7, 58. Upon resumption, both Parties agreed on the following: 3) That item No. 2 of the Consensus Points on Resources (or Paragraph 3 of the MILF Position Paper) shall read as follows: "All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the Bangsamoro homeland as forest reserves shall continue to remain in force until otherwise modified, revised or superseded by subsequent policies, rules and regulations issued by the competent Bangsmaoro authority or juridical entity.

Page 8, 58. 3) [...] Forest concessions, timber licenses, contracts or agreements, mining concessions, mineral production and sharing agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine Government including those issues by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate form the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter."
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: Human rights and equality→Socio-economic rights→Property
Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: [...] When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom.

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: [...] shall be acknowledged."

The GRP TWG chair proposed that the line below be deleted: "When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."

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 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.
Prisons and detention: No specific mention.
Traditional Laws: Page 3, 19. On Paragraph 5, the GRP TWG proposed that the following phrase be included to amend the MILF position: "Customary laws shall govern the delineation, disposition, perfection of land claims, ownership of communal lands, and settlement of land disputes between and among the Bangsamoro people."

Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: [...]."

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: [...]"

Page 7, 56. Upon resumption, both Parties agreed on the following: 2) That item No. 5 of the Consensus Points on Resources (or Paragraph 6 of the MILF Position Paper) shall be re-stated as follows: "The legitimate grievances of the Bangsamoro people arising form any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledge. Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparations collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: "To ensure the development of the Bangsamoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement. Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.

Page 3, 17. MILF Panel observer Alonto stated that the TWGs include both terms. The statement thus reads as follows: Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes or wetlands, lakes or inland bodies of waters, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement. Mineral lands and Strategic minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.

Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: [...] When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."
National economic plan: No specific mention.
Natural resources: Page 1, 1. The Joint Meeting of the Technical Working Groups of the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) on the Resources Strand of the Ancestral Domain Aspect of the Agreement of Peace of 2001 started with a prayer [...].

Page 1, 2. GRP Panel member Gov. Pax Mangudadatu, who is sitting as observer welcomed the group and said that the group discussed the strand on resources already and will just have to finalize the consensus point. He expressed hopes that discussions on the joint TWG on the strand on resources will conclude successfully.

Page 1, 4. Office of Muslim Affairs Deputy Executive Director Ali Sangki pointed out that both the Consensus Points on Resources and the MILF position paper submitted to the GRP during the 7th Exploratory Talks held in Port Dickson, Malaysia shall be used as references to guide the discussion. Correspondingly, he pointed out that there are pending issues that need to be further amplified, among which are item no. 3 and item no. 5.

Page 2, 8. On the second statement on item no 3 of the MILF draft position paper, the paragraph was amended as agreed by both Parties to read as follows: "Forest concessions, timber licenses, contracts or agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, modified, and/or cancelled by the latter."

Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: "To ensure the development of the Bangsamoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement. Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.

Page 3, 14. MILF TWG member Sultan Liwalug Dimapunung raised the point that the term "strategic minerals" be converted to read as "mineral lands."

Page 3, 15. MILF TWG chair Kinoc pointed out that the terms "strategic minerals" is restrictive.

Page 3, 16. GRP TWG Mapandi mentioned that RA 9054 covers the devolution of powers covering use of natural resources except "strategic minerals".

Page 3, 17. MILF Panel observer Alonto stated that the TWGs include both terms. The statement thus reads as follows: Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes or wetlands, lakes or inland bodies of waters, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement. Mineral lands and Strategic minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.

Page 6, 44. MILF TWG chair Kinoc clarified that the phrase starting from "No forest concessions, timber license, contracts or agreements of any kind or nature whatsoever granted by the Philippine Government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless subsequently granted or renewed..." is a prohibitive provision which indicates that the operation of the forest concessions, timber license, contracts or agreement of any kind or nature will continue to exist unless subsequently granted or renewed by the Bangsamoro juridical entity. He further clarified that in legal parlance this provisions should begin with the negative word "No" for purposes of consistency.

Page 7, 58. Upon resumption, both Parties agreed on the following: 3) That item No. 2 of the Consensus Points on Resources (or Paragraph 3 of the MILF Position Paper) shall read as follows: "All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the Bangsamoro homeland as forest reserves shall continue to remain in force until otherwise modified, revised or superseded by subsequent policies, rules and regulations issued by the competent Bangsmaoro authority or juridical entity.

Page 8, 58. 3) Forest concessions, timber licenses, contracts or agreements, mining concessions, mineral production and sharing agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine Government including those issues by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate form the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter."
International funds: No specific mention.
Business: Page 2, 8. On the second statement on item no 3 of the MILF draft position paper, the paragraph was amended as agreed by both Parties to read as follows: "Forest concessions, timber licenses, contracts or agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, modified, and/or cancelled by the latter."

Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of:
c) settlement programs or corporate plantations; [...]"

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of:
c) settlement programs or corporate plantations; [...]"

Page 6, 43. On Par. 3, the group discussed the issue on the phrase "unless subsequently granted or renewed..." the MILF submitted that government has jurisdiction over the concessions, licenses, contracts or agreements granted.

Page 6, 44. MILF TWG chair Kinoc clarified that the phrase starting from "No forest concessions, timber license, contracts or agreements of any kind or nature whatsoever granted by the Philippine Government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless subsequently granted or renewed..." is a prohibitive provision which indicates that the operation of the forest concessions, timber license, contracts or agreement of any kind or nature will continue to exist unless subsequently granted or renewed by the Bangsamoro juridical entity. He further clarified that in legal parlance this provisions should begin with the negative word "No" for purposes of consistency.

Page 8, 58. Upon resumption, both Parties agreed on the following: 3) Forest concessions, timber licenses, contracts or agreements, mining concessions, mineral production and sharing agreements, Industrial Forest Management Agreements (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine Government including those issues by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate form the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter."
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Property return and restitution
Page 7, 56. Upon resumption, both Parties agreed on the following: 2) That item No. 5 of the Consensus Points on Resources (or Paragraph 6 of the MILF Position Paper) shall be re-stated as follows: "The legitimate grievances of the Bangsamoro people arising form any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledge. Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparations collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.
Land, property and environment→Land reform/rights→Other land rights
Page 3, 19. On Paragraph 5, the GRP TWG proposed that the following phrase be included to amend the MILF position: "Customary laws shall govern the delineation, disposition, perfection of land claims, ownership of communal lands, and settlement of land disputes between and among the Bangsamoro people."

Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of:
a) central government-sponsored agricultural colonies;
b) pasture and agricultural leases;
c) settlement programs or corporate plantations; [...]"

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: a) agricultural colonies;
b) pasture and agricultural leases;
c) settlement programs or corporate plantations; and
d) civil and military reservations leading to the disruptions of their prior established communities shall be acknowledged.

Page 6, 50. MILF TWG chair Kinoc stated that for centuries their peple had been deprives, assailed, their lands removed, their communities strafed and bombed and their people were practically displaced. He said that they just want recognition and acknowledgement that their people, the Bangsamoro people, have always been there. Item no 6 is beyond the authority of the MILF TWG to decide and what has been stated cannot be changed. He requested that the GRP TWG shall try to convince their Principals to consider their position. This is their stand and unless the Government recognizes they leave it as it is.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: " To ensure the development of the Bangsamoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement. Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 2, 10. MILF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included. The GRP Panel consented: "To ensure the development of the Bangsamoro homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction, and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards. Arrangements for areas of cooperation shall be drawn up and annexed to the comprehensive agreement.
Water or riparian rights or access: Page 2, 9. On Paragraph 4. the GRP TWG presented the following amendments to the MILF position: "[...] Economic cooperation arrangements, including joint development, utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes, or inland bodies of waters, mangroves, seas, gulfs, straits, channels, and bays) of the Bangsmaoro homeland. Strategic minerals or materials within the homeland may also be the object of economic cooperation, subject to the modalities agreed upon by the Parties."

Page 3, 17. MILF Panel observer Alonto stated that the TWGs include both terms. The statement thus reads as follows: Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes or wetlands, lakes or inland bodies of waters, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement. Mineral lands and Strategic minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.

Page 7, 58. Upon resumption, both Parties agreed on the following: 3) That item No. 2 of the Consensus Points on Resources (or Paragraph 3 of the MILF Position Paper) shall read as follows: "All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the Bangsamoro homeland as forest reserves shall continue to remain in force until otherwise modified, revised or superseded by subsequent policies, rules and regulations issued by the competent Bangsmaoro authority or juridical entity. [...]"

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: d) civil and military reservations leading to the disruptions of their prior established communities [...]"

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: d) civil and military reservations leading to the disruptions of their prior established communities shall be acknowledged. [...]"
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: Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of:
a) central government-sponsored agricultural colonies;
b) pasture and agricultural leases;
c) settlement programs or corporate plantations; and
d) civil and military reservations leading to the disruptions of their prior established communities.
When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."

Page 5, 32. The GRP TWG chair Mapandi pointed out two things in the proposed MILF position paper that needs to be considered. One is on the enumerated grievances and the term "acknowledge" and the other is on the issue of reparations."

Page 5, 33. GRP TWG member Dep. E. Dir. Sangki stated that while the grievances are legitimate, the group must agree on a term that would better frame the present conditions in addition, the GRP TWG member Datu Al Saliling mentioned that it is only the President of the Philippine that can acknowledge said grievances.

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of [...] shall be acknowledged."

Page 6, 40. The MILF TWG chair Kinoc said that the GRP TWG positions was not explicit on how they will compensate and acknowledge their losses.

Page 7, 56. 2) That item No. 5 of the Consensus Points on Resources (or Paragraph 6 of the MILF Position Paper) shall be re-stated as follows: "The legitimate grievances of the Bangsamoro people arising form any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledge. Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparations collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.
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: Transitional justice→Reparations→Material reparations
Page 4, 30. On the remaining item 6, the MILF TWG presented their amended proposed position as follows: "The legitimate grievances of the Bangsamoro people are formally acknowledge in regard to the unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization [...] When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."

Page 5, 32. The GRP TWG chair Mapandi pointed out two things in the proposed MILF position paper that needs to be considered. One is on the enumerated grievances and the term "acknowledge" and the other is on the issue of reparations."

Page 5, 34. In response, GRP TWG observer Gov. Mangudadatu said that restoration and reparations are huge terms and an enormous task to undertake.

Page 5, 36. As a result of their consultation with their principals, the GRP TWG chair Mapandi agreed as stated in Paragraphs 1, 2, 4 and 5 of the MILF Position Paper and made a counter-proposal for Par. 6 to read as follows: "The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of: a) agricultural colonies;
b) pasture and agricultural leases;
c) settlement programs or corporate plantations; and
d) civil and military reservations leading to the disruptions of their prior established communities shall be acknowledged.

The GRP TWG chair proposed that the line below be deleted: "When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."

Page 5, 39. MILF TWG Kinoc said that the counter proposal of the GRP TWG on Par. 6 falls short as it does not contain a provision on granting of reparations.

Page 6, 40. The MILF TWG chair Kinoc said that the GRP TWG positions was not explicit on how they will compensate and acknowledge their losses.

Page 7, 52. GRP Observer Gov. Magudadatu stated that the issue on restoration and reparation is not within the capacity of the GRP TWG to address. This will be referred to the GRP Panel to consider.

Page 7, 56. 2) That item No. 5 of the Consensus Points on Resources (or Paragraph 6 of the MILF Position Paper) shall be re-stated as follows: "The legitimate grievances of the Bangsamoro people arising form any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledge. Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparations collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.
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. 161-168.

Confidential

MINUTES OF THE MEETING OF THE GRP-MILF TWG ON RESOURCES

10th Exploratory Talks

February 6-7 2008

GRP TWG

Asst.

Secretary Matanog M Mapardi (Chairman)

MILF TWG

Datu Antonio P.Kinoc (Chairman)

Members

Datu A S Saling (Deputy Executive Director Ali B. Sangki)

Amor B. Perrdaliday (Sultan Lilwalug B Dimapunung)

GRP Panel Observer

Gov Datu Pax S. Mangundadatu

MILF Panel Observer

Maulana M Alonio

GRP Panel secretariat

Jenme Claire V. Laruan

Emitta O Zozobrado

MILF PANEL SECRETARIAT

Engr Mohajirin T. Ali

Highlights;

The Joint Meeting of the Technical working Groups of the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) on the Resources Strand of the Ancestral Domain Aspect of the Agreement of Peace of 2001 started with a prayer led by the GRP TWG:

Resources Chair Asst Sec Matanog M. Mapandi at 10:30 am of February 6 2006.

GRP Panel member Gov. Pax Mangudadatu, who is sitting as observer welcomed the group and said that the group discussed the strand on resources already and will just have to finalize the consensus points.

He expressed hopes that discussions on the joint TWG on the strand on resources will conclude successfully,

MILF Panel member Mauiana Alonto sitting as observer, expressed his agreement that the unsettled issues in the consensus points should be resolved by the joint TWGs

Office of Muslim Affairs Deputy Executive Director Al Sangkj pointed out that both the Consensus Points on Resources and the MILF portion paper submitted to the GRP during the 7" Exploratory Talks held in Port Dickson Malaysia shall be used as reference to guide the discussion.

Correspondingly, he pointed out that there are pending issues that need to be further amplified among which are item no 3 and item no 6.

MILF TWG chairman Datu Antonio Knoc then clarified with the group if it will be the joint TWG on resources that will craft Paragraph 6 of the MILF position paper.

GRP TWG member Dep Edini Sangki went over the items point by point.

The group agreed to work on the Consensus points vis-a-vis the MILF draft.

On the second statement on item no 3 of the MILF draft position paper, the paragraph was amended as agreed by both Parties to read as follows:

“Forest concessions, timber licenses,, contracts of agreements, mining concessions, mineral production and sharing agreements, industrial Forest Management Agreements (IFMA) and other tenurial instruments of any kind or nature whatsoever granted by the Philippine government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro Juridical entity unless otherwise expired, modified and/or cancelled by the latter."

9) On Paragraph 4 the GRP TWG presented the following amendments to the MILF position:

“To ensure the development of the Bangsomoro homeland, the Bangsamoro may enter into economic cooperation agreements on the exploration, extraction and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards.

Arrangements for areas of Cooperation shall be drawn up and annexed to the comprehensive agreement.

Economic cooperation agreements, including joint development, Utilization and exploitation of natural resources, may also be undertaken by the Bangsamoro as regards common or shared resources found within protected areas (such as marshes or wetlands, lakes or inland bodies of Waters, mangroves, seas, gulfs, straits, channels and bays) of the Bangsarmoro homeland.

Strategic minerals or materials within the homeland may also be the object of economic cooperation.

Subject to modalities agreed upon by the parties,

10) MILLF TWG chair Kinoc commented that it is the Bangsamoro Juridical Entity that manages cooperation agreements and thus, the words juridical entity must be included.

The GRP Panel consented.

“To ensure the development of the Bangsanora homeland, the Bangsamoro juridical entity may enter into economic cooperation agreements on the exploration, extraction and utilization of natural resources within their homeland, consistent with sound policies on ecological balance and environmental standards.

Arrangements for areas of Cooperation shall be drawn up and annexed to the comprehensive agreement.

11) The GRP TWG chair Mapandi said that the substance of the MILF position is captured in essence in the consensus points and the newly proposed GRP statement are only meant to amplify and provide details for the items in the MILF position paper.

12) MILF TWG chair Kinoc said that the details will likewise be subsumed in other strands

13) MILF Panel observer Alonto clarified that the term Bangsamoro Juridical entity has to be stated to line it up with the other strands and to avoid confusion in referring to either the juridical entity of the Bangsamoro as a whole.

He added that the Bangsamoro juridical entity cannot exist without the Bangsamoro people.

14) MILF TWG chair Kinoc pointed out that the term ‘strategic minerals’ be converted to read as ‘mineral lands’

15) MILF TWG chair Kinoc pointed out that the term ‘strategic minerals’ is restrictive.

16) GRP TWG chair Mapandi mentioned that RZ 9054 convers the devolution of powers covering use of natural resources except ‘strategic minerals’

17) MILF panel observer Alonto stated that the TWGs include both terms.

The statement thus reads as follows.

Any joint development, utilization and exploitation of natural resources designated as commons or shared resources found within protected areas such as marshes, wetlands takes or inland bodies of water, mangroves, seas, gulfs, straits, channels and bays within the Bangsamoro territorial jurisdiction may be subject to an economic cooperation arrangement.

Mineral lands and Strategic Minerals or materials within the Bangsamoro territory may also be the object of economic cooperation upon entry into force of the comprehensive compact.”

18) ON paragraph 5.

The GRP TWG proposed that the following phrase be included to amend the MILF position:

“Customary laws shall govern the delineation, disposition, perfection of land claims, ownership of communal lands, and settlement of land disputes between and among the Bangsamoro people”

19) Both TWGs agreed to adopt items 1,2,3,4 and 5 with the corresponding amendments and amplifications incorporated.

20) The group then went on a break at 1:00 p.m. and reconvened at 3:00 in the afternoon.

21) MILF TWG chair Kinoc asked that the proposed GRP amendments be reviewed by the MILF Panel as changes in the consensus points have to be referred to their principles.

22) GRP TWG member Sangki suggested that the group finish discussions on the items vis- a- vis the signed matrix in the last 7th GRP-MILF Exploratory Talks, provide details on how to resolve the points stated in the remarks portion and complete their observations regarding such.

23) MILF TWG chair stated that the group is bound by the signed Consensus Points.

24) MILF panel observer Alonto suggested that the GRP TWG have in writing the proposed amendments and asked for recess.

25) A print out of the proposed GRP amendments of paragraph 1 to 5 was then provided by the GRP TWG to the MILF TWG (see attachment)

26) The group went on recess at 4:00 pm and reconvened at 6:00 in the afternoon to continue discussions.

27) After referring to their principals, the MILF TWG chair Kinoc informed that all the issues on changes and amendments incorporated and agreed upon by both parties before they took the recess are considered null and void.

28) GRP TWG chair Mapandi pointed out that paragraph 6 should also be included in the print-out.

29) The MILF TWG chair Kinoc mentioned that the consensus points would have to be maintained and any change or amendment to it would have to be referred to the Panels.

HE said that the MILF TWG has to go back and refer to the documents signed by both parties during the 7th GRP-MILF Exploratory Talks held on April 19, 2005 in Port Dickson, Malaysia.

30) On the remaining item 6, the MILF TWG presented their amended proposed position as follows:

"The legitimate grievances of the Bangsamoro people are formally acknowledged in regard to the unjust dispossession of their territorial and proprietary rights, customary land for tenures, or their marginalization as a consequence of:

a) central government-sponsored agricultural colonies,

b) pasture and agricultural leases,

c) settlement programs or corporate plantations,

d) and civil and military reservations leading to the disruptions of their prior established consequences.

When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom.”

31) MILF TWG chair Kinoc mentioned that the proposed position is in response to their request to provide details on the said item.

32) The GRP TWG chair Mapandi pointed out two things in the proposed MILF position paper that needs to be considered.

One is on the enumerated grievances and the term “acknowledge” and the other is on the issues of reparations.

33. GRP TWG member Dep Edır.

Sangki stated that while the grievances are legitimate the group must agree on a term that would better frame the present conditions, in addition, GRP TWG member Datu Ai Saliting mentioned that it is only the President of the Philippines that can acknowledge said grievances.

34) MILF TWG chair Kinoc clarified that the terms are included to clarify as to who the responsible party will be.

35) In response, the GRP TWG, observer Gov. Mangudadatu said that restoration and reparations are huge terms and enormous task to undertake

36) The group then agreed for another recess at 5:00 pm to allow the GRP TWG to take up the remaining item 6 with their principals.

37. The group resumed at 9:15 in the evening.

38. As a result of their consultation with their principals the GRP TWG chair Mapandi agreed as stated in Paragraphs 2, 4 and 5 of the MILF Position Paper and made a counter-proposal on Par 6, to read as follows:

"The legitimate grievances of the Bangsonoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization as a consequence of:

a) agricultural colonies,

b) pasture and agricultural leases

c) settlement programs or corporate plantations and

d) civil and military reservations loading to the disruptions of their prior established communities shall be acknowledged."

The GRP WG chair proposed that the line below be deleted

“When the restoration of proprietary rights is no longer possible, the government shall provide for the equitable means of restoration of the proprietary rights or losses arising therefrom."

39) MILF TWG chair Kinoc said that the counter proposal of the GRP TWG on Par 6 falls short as it does not contain a provision on granting of reparations.

40) The MILF TWG chair Kinoc said that the GRP TWG position was not explicit on how they will compensate and acknowledge their losses.

41) The group then went on a 10 minute break.

42) Upon resumption, the group agreed to refer the matter to their respective Panels

43) On Par.

3 the group discussed the issue on the phrase “unless subsequently granted or renewed.”

The MILF submitted that government still has jurisdiction over the concessions, license, contracts or agreements granted.

44) MILF TWG chair Kinoc clarified that the phrase starting from “No forest concessions, timber license, contracts or agreements of any kind or nature whatsoever granted by the Philippine Government including those issued by the Autonomous Region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity, unless subsequently granted or renewed” is a prohibitive provision which indicates that the operation of the forest concessions, timber license, contracts or agreements of any kind or nature will continue to exist unless subsequently granted or renewed by the Bangsamoro juridical entity.

He further clarified that in legal parlance this provision should begin with the negative word “No” for purpose of consistency.

45) The group agreed that any existing contract earlier entered into by Parties will not be revoked by the Bangsamoro juridical entity, should this be set up.

46) The MILF TWG emphasised that any existing contract will not be violated by the Bangsamoro juridical entity.

47) Upon agreement that Par 6 will be referred to their respective Panels, the group adjourned at 10:45 in the evening and shall resume at 6:00 tomorrow morning {February 7, 2006) to continue discussions on Par 6.

48) Both the GRP WG and MLF TWG on Resources resumed sessions at 9:00 a.m. on February 7, 2006 starting with a prayer led by MILF.

TWG Member Arnor Pendaliday and carried on with the discussion on Par 6.

49) GRP TWG chair Mapandi recalled that Par 6 formed part of the homework of both TWGs on Resources for discussion today.

50) MILF TWG chair Kinoc stated that for centuries their people had been deprived and assailed, their lands removed, their communities strafed and bombed and their people were practically displaced.

He said that they just want recognition and acknowledgement that their people, the Bangsamoro people, have always been there.

Item no.

6 is beyond the authority of the MILF TWG to decide and what has been stated cannot be changed.

He requested that the GRP TWG shall try to convince their Principals to consider their position.

This is their strand and unless the Government recognises, they leave it as it is.

51) GEP TWG chair gave the floor to GRP Observer Gov. Magudadatu.

52) GRP Observer Gov. Magundadutu stated that the issues on restoration and reparation is not within the capacity of the GRP TWG to address.

This will be referred to the GRP Panel to consider:

53) GRP TWG Sangki said that for purposes of continuity, both parties need to focus on pending items, particularly on Par.6>

54) GRP TWG chair Mapandi commented that since their counterparts declared that they are not in the position to discuss Par.

6 further, this paragraph will have to be elevated to the Panel Level.

55) GRP TWG members Sangki and Saliling also agreed on the elevation of Par 6 to the Panel level.

56) MILF TWG member pointed out that Par 3 is still a pending issue and needs to be discussed.

57) Both Parties agreed to take a break for lunch at 12:00 noon and resumed session at 3:00 in the afternoon.

58) Upon resumption, both Parties agreed on the following

That item Nos.

1,2,3 and 4 of the Consensus Points on Resources (copy attached) have been discussed fully and affirmed the same items as stated and signed by both Parties during the 7th GRP-MILF Exploratory Talks conducted on April 16-17, 2005 in Port Dickson, Malaysia and

That Item No.

5 of the Consensus Points on Resources (or Paragraph B of the MILF Positions Paper) shall be re-stated as follows:

“The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledged.

Whenever restoration is no longer possible, the GRP shall take effective measures or adequate reparation collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties”

3) That Item No.

2 of the Consensus Points on Resources (or Paragraph 3 of the MILF Position Paper ) shall read as follows:

“All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the Bangsamoro homeland as forest reserves shall continue to remain in force until otherwise modified, revised or supersede by subsequent policies, rules and regulations issued by the competent Bangsamoro authority or juridical entity.

Forest concessions, timber licenses, contracts or agreements, mining concessions, mineral production and sharing agreements.

Industrial Forest Management Agreement (IFMA), and other tenurial instruments of any kind or nature whatsoever granted by the Philippine Government including those issued by the Autonomous region in Muslim Mindanao (ARMM) shall continue to operate from the date of formal entrenchment of the Bangsamoro juridical entity unless otherwise expired, reviewed, modified and/or cancelled by the latter.”

59) There having no other matters to be discussed, the meeting adjourned at 4:30 p.m.

For the GRP

ASEC MATANOG M. MAPANDI (Chairman)

DATU AL S. SALILING

For the MILF:

DATU ANTONIO P. KINOC (CHAIRMAN)

AMOR B. PENDALIDAY

SULTAN LIWALUG B. DIMAPUNUNG