Government of the Philippines-MILF Decision Points on Principles as of April 2012

Export agreement:

Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Government of the Philippines-MILF Decision Points on Principles as of April 2012
Date: 24 Apr 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Marvic M.V.F. Leonen, Panel Chair on behalf of the Government of the Philippines
Mohagher Iqbal, Panel Chair on behalf of the Moro Islamic Liberation Front
Third parties: Tengku Dato’ Ab Ghafar Tengku Mohamed, Facilitator and Representative of Malaysia
Description: Agreement on principles that will guide discussion on the future substantive agenda of the negotiations, though not exhaustive. Principles include, recognition of the Bangsamoro identity and that a political entity, set up with a transition period, should be established with power-sharing and wealth-sharing between the National Government and the new entity. Agreement also includes a list of rights for citizens in the new political entity.

Agreement document: PH_120424_GPH-MILF Decision Points on Principles.pdf (opens in new tab) | Download PDF

Main category: Page 2, 10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed: [...]
10.g. Right of women to meaningful political participation, and protection for all forms of violence;
10.i. Right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender or ethnicity;

Women, girls and gender

Participation: Participation→Effective participation
Page 2, 10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
10.g. Right of women to meaningful political participation, and protection for all forms of violence;
Equality: Equality→Social equality
Page 2, 10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
... 10.i. Right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender or ethnicity;
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

GPH-MILF DECISION POINTS ON PRINCIPLES AS OF APRIL 2012

The Parties agree to the following principles, which shall further guide discussions on the substantive agenda of the negotiations.

This preliminary

list does not contain all points so far agreed upon and does not preclude future agreements on other key points.

1. The Parties recognize Bangsamoro identity and the legitimate grievances and claims of the Bangsamoro people.

2. The Parties agree that the status quo is unacceptable and that the Parties will work for the creation of a new autonomous political entity in place of the ARMM.

3. The Parties agree to the continuity of negotiations in the context of agreed documents.

4. The Parties agree that the new autonomous political entity shall have a ministerial form of government.

5. The Parties agree to the need for a transition period and the institution of transitional mechanisms in order to implement the provisions of the

agreement.

6. There will be power-sharing and wealth-sharing between the National Government and the new political entity.

In the matter of power sharing, the

National Government will have its reserved powers, the new political entity will have its exclusive powers, and there will be concurrent powers shared by the National Government and the new political entity.

The Parties agree that the following matters are reserved for the competence of the National Government:

a. defense and external security

b. foreign policy

c. common market and global trade (FOOTNOTE:

The power to enter into economic agreements already allowed under R.A. 9054 shall be

transferred to the new political entity.)

d. coinage and monetary policy

e. citizenship and naturalization

f. postal service

This list is without prejudice to other powers, which the Parties may agree to reserve to the National Government in the course of the negotiation.

7. The Parties agree that wealth creation (or revenue generation and sourcing) is important.

The Parties also acknowledge the power of the new political entity to create its own sources of revenue, subject to limitations as may be mutually agreed upon by the parties, and to have a just share in the revenues generated through the exploration, development or utilization of natural resources.

8. The Parties recognize the need to strengthen the Shari'ah courts and to expand their jurisdiction over cases.

The new political entity shall also have competence over the Shariah justice system.

9. The Parties agree to the creation of (third party) monitoring and evaluation mechanisms, which may utilize competencies already available in existing mechanisms, e.g. ICG, IMT, CCCH.

10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:

a. Right to life and to inviolability of one's person and dignity;

b. Right to freedom and expression of religion and beliefs;

c. Right to privacy;

d. Right to freedom of speech;

e. Right to express political opinion and pursue democratically political aspirations;

f. Right to seek constitutional change by peaceful and legitimate means;

g. Right of women to meaningful political participation, and protection from all forms of violence;

h. Right to freely choose one's place of residence and the inviolability of the home;

i. Right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender or ethnicity;

j. Right to establish cultural and religious associations;

k. Right to freedom from religious, ethnic and sectarian harassment;

and

I. Right to redress of grievances and due process of law.

Done this 24th day of April 2012 in Kuala Lumpur, Malaysia.