Joint Statement (Joint Meeting of the GRP and MILF Technical Working Groups on Resources)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Joint Statement (Joint Meeting of the GRP and MILF Technical Working Groups on Resources)
Date: 7 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. Natanog M. Mapandi, GRP Technical Working Group on Resources Chairman;
Dep. Exec. Dir. Ali B. Sangki, GRP Technical Working Group on Resources;
Datu Al S. Saliling, GRP Technical Working Group on Resources;
Datu Antonio P. Kinoc, MILF Technical Working Group on Resources Chairman;
Amor B. Pendaliday, MILF Technical Working Group on Resources;
Sultan Lilwalug B. Dimapunung MILF Technical Working Group on Resources
Third parties: -
Description: Agreement informing the Joint Meeting of the GRP and MILF Technical Working Groups (TWGs) on the Resources Strand, in which the Parties reviewed and agreed on items Nos. 1, 3, and 4 of the Consensus Point on Resources, that item No. 5 will be re-stated to include reparations to the legitimate grievances of the Bangsamoro People arising from their marginalization and dispossession of their territorial and proprietary rights, as well as the continuation of policies, rules and guidelines, prior agreements, proclamations and issuances relating to natural resources and the environment unless otherwise decided by the Bangsamoro Juridical entity.

Agreement document: PH_060207_Joint Statement 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→Rhetorical
Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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."

Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. [...]"
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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."
Social class: No specific mention.

Gender

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

State definition

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

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Pg. 2, I. Taxation, A. Taxing Powers
3. Revenues from the additional taxes beyond those already devolved to the ARMM and the Bangsamoro share in revenues derived from exploration, development and utilization of natural resources will be deducted from the amount comprising the annual block grant. This is without prejudice to the just share of the Bangsamoro's constituent local government units in the national taxes. These deductions shall be suspended for four years from the full operation of the Bangsamoro.
Power sharing→Economic power sharing→Fiscal federalism
Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. Forest concessions, timer 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 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."
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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.""
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

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

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledged. [...]"

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
1) That items Nos 1, 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 ;

Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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."

Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. Forest concessions, timer 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 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."
National economic plan: No specific mention.
Natural resources: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
1) That items Nos 1, 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 ;

Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
... 3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. Forest concessions, timer 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 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."
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 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or their marginalization shall be acknowledged. [...]"
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. Forest concessions, timer 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 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."
Water or riparian rights or access: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
... 3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:
3) That item No. 2 of the Consensus Point 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 forest and all watershed within the Bangsamoro homeland as forests 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. [...]"
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: Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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."
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 1, 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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 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 restated as follows "The legitimate grievances of the Bangsmaoro 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."
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. 169 - 170.

Joint Statement

Joint meeting of the GRP and MILF Technical Working Groups on Resources

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 on the Ancestral Domain Aspect of the Tripoli Agreement of Peace of 2001 agreed on the following:

That Item Nos.

1, 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 6 of the MILF Position 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.”

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 reserve shall continue to remain in force until otherwise modified, revised or superseded 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 Philippines 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.”

Signed by the GRP and MILF Technical Working Groups on Resources this 7th day of February 2006 at Guoman, Port Dickson Malaysia.

For The GRP:

ASEC MATANOG M. MAPANDI (CHAIRMAN)

DEP. EXES DIR.

ALI B SANGKI

DATU AL S, SALILING

For The MILF:

DATU ANTONIO P. KINOC (CHAIRMAN)

AMOR B. PENDALIDAY

SULTAN LIWALUG B. DIMAPUNUNG