Joint Technical Working Group Meeting on Territory

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Joint Technical Working Group Meeting on Territory
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: Nasser Pangandaman, GRP;
Abdulla Camlian, MILF
Third parties: -
Description: Agreement by the Technical Working Groups (TWGs) on the Strand of Territory, which provides for compilation and presentation of technical maps, lists of Settlements, Industrial Forest Management Agreements (IFMA), Certificates of Ancestral Domain Claims (CADCs), and Certificates of Ancestral Domain Titles (CADTs), and other data in order to determine which areas will delimit the Bangsamoro homeland. The Parties agreed to elevate the question of Bangsamoro borders to the Panels for resolution.

Agreement document: PH_060206_TWG on Territory.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Rhetorical
Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.d. The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindanao
Indigenous people: Groups→Indigenous people→Substantive
Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities.

Page 2, 3. On the list of CADSc submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

Page 2, 4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identifies, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement, and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.d. The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindnao.

Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.

Page 4, 10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited as part of the Bangsamoro homeland.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): 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
Page 1, 1. The meeting started with a review by both parties of the five (5) consensus points on the strand of territory during the 7th Exploratory Talks.

Page 1, 2. Mr. Camlian formally submitted the following initial data gathered by the Technical Working Group (TWG) of the MILF in compliance to the agreement reached during the joint TWG meeting in the 7th Exploratory Talks for both parties to come up with detailed maps, locations and related data, referred to by the MILF in its position paper:

Page 1, 2.a. Major Land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory;

Page 2, 2.b. Lists of Islands in the Mindanao and Sulu Seas that formed part of the Bangsamoro Homeland and Ancestral Territory;

Page 2, 2.c. Delimitation of the Territorial Areas of the Bangsamoro Homeland and Ancestral Territory;

Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;

Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.

Page 2, 3. On the list of CADSc submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

Page 2, 4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identifies, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement, and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

Page 3, 5. The MILF-TWG also submitted its list of specific geographic areas and settlements in Mindanao that form part of the Bangsamoro homeland. For her part, Chairperson Serrano stated that the GRP also has a list of CADCs, CADTs, IFMAs and other settlements which are still in the process of being updated.

Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.c. The MILF-TWG is approaching the discussions on "territory" along the point of geography, and not on demography.

Page 4, 10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited as part of the Bangsamoro homeland.
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: Human rights and equality→Civil and political rights→Freedom of association
Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: Page 2, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper:
2.f. List of Industrial forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR);
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Other land rights
Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.
Pastoralist/nomadism rights: Page 2, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper: 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.
Environment: Page 2, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper:
2.f. List of Industrial forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR);
Water or riparian rights or access: Page 1, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper: 2.a. Major Land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory;

Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), pp. 157-160.

Confidential

JOINT TECHNICAL WORKING GROUP MEETING ON TERRITORY 06 February 2006

GRP Side

Nasser Pangandaman (Chairman)

Jannette Serrano

Mercedita Tia

Ryan Mark Sullivan

MILF Side

Abduila Camlian (Chairman)

Benjamin Dumato

Jaime Casinto Sr.

1. The meeting started with a review by both parties of the five (5) consensus points on the strand of territory during the 7th Exploratory Talks.

2. Mr Camlian formally submitted the following initial data gathered by the Technical Working Group (TWG) of the MILF in compliance to the agreement reached during the joint TWG meeting in the 7" Exploratory Talks for both parties to come up with detailed maps, locations and related data, referred to by the MILF in its position paper:

Major land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory.

Lists of Islands in the Mindanao and Sulu Seas that formed part of the Bangsamoro Homeland and Ancestral Territory,

Delimitation of the Territorial Areas of the Bangsamoro Homeland and Ancestral Territory

Maritime and inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral Territory, and served as their Transportation and Communication Highways and Byways.

Hunting and Fishing Grounds of the Bangsa moro people and indigenous communities,

List of Settlements (from the Bureau of Muslim Settlements):

List of industrial Forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR):

List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao Basilan and Palawan.

3. On the list of CADCs submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Ancestral Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identified, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

5. The MILF-TWG also submitted its list of specific geographic areas and settlements in Mindanao that form part of the Bangsamoro homeland.

For her part, Chairperson Serrano stated that the GRP also has a list of CADCs, CADTs, IFMAs and other settlements which are still in the process of being updated

6. Sec.

Pangandaman gave a presentation of the maps prepared by the GRP TWG for reference purposes.

The presentation also detailed the Bangsamoro areas the GRP TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM.

The presentation likewise included a map of identified Muslim majority areas outside the ARMM based on the 2000 Census.

7. The parties agreed to submit all of the data presented by the GRP and MILF TWGs to the Malaysian Secretariat for future reference by the GRP and MILF Panels.

8. In reaction to the GRP presentation the MILF-TWG stated its observation along the following points.

The provinces of Misamis Oriental, Misamis Occidental, Surigao del Norte and Surigao del Sur were part the Sultanate of Maguindanao;

The Southern portion of Palawan was included as part of the Department of Mindanao and Sulu sometime in 1915;

The MILF TWG is approaching the discussions on "territory" along the point of geography and not on demography.

The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindanao.

9. Chairperson Serrano cited Consensus Point No.

1, Par 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7" Exploratory Talks.

Both parties reaffirmed this point

10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited as part of the Bangsamoro homeland.

11. There being no other matters to discuss, the meeting adjourned at around 12:30 p.m.

12. The group agreed to reconvene at 2:00 p.m. to finalize the highlights of the discussions.

For the GRP:

NASSER PANGANDAMAN

For the MILF:

ABDULLA CAMLIAN