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Monday, October 8, 2012

Documents related to the recent forging of the "Framework Agreement on the Bangsamoro"


The following are documents related to the recent forging of the "Framework Agreement on the Bangsamore" between the Negotiating Panels of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) held on October 2-7, 2012 in Kuala Lumpur.


JOINT COMMUNIQUE

The 32nd round of Exploratory Talks between the Negotiating Panels of the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) held on October 2-7, 2012 in Kuala Lumpur successfully ended today under the facilitation of the Government of Malaysia.

In this round of negotiations, both Parties achieved an unprecedented milestone with the forging of the "Framework Agreement on the Bangsamoro."

The Framework Agreement serves as the overarching architecture for the Mindanao peace process and provides the foundation for a just and enduring peace in Mindanao. It defines the powers and structures of the new Bangsamoro entity that will replace the Autonomous Region in Muslim Mindanao (ARMM). It sets the principles, processes and mechanisms that will shape the new relations between the Central Government and the Bangsamoro.

The details of the remaining issues will be spelled out in annexes that will form part of the Agreement. The Parties committed to continue discussions until the details are settled.

The Parties expressed their appreciation to His Excellency President Benigno Simeon Aquino III for his commitment to a just and lasting peace in Mindanao, to His Excellency Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak for his continued support in the facilitation of the GPH-MILF Peace Talks, and to the members of the MILF Central Committee headed by Chairman Al Haj Murad Ebrahim for their continued commitment to the peaceful resolution of the Bangsamoro Question.

The Parties also extend their gratitude to the members of the International Contact Group (ICG), namely Japan, The Kingdom of Saudi Arabia, Republic of Turkey, the United Kingdom, Centre for Humanitarian Dialogue, Conciliation Resources, Muhammadiyah, and The Asia Foundation.

Done this 7th day of October 2012 in Kuala Lumpur, Malaysia.




MILF Press Release
(October 7, 2012)

The Moro Islamic Liberation Front (MILF) officially announces that it has forged the Framework Agreement on the Bangsamoro with the Government of the Philippines (GPH) in the 32nd Round of Exploratory Talks between their negotiating panels held on October 2-7, 2012 in Kuala Lumpur, Malaysia.

The Framework Agreement is the fruit of the 16-year long peace negotiation between the MILF and the GPH that now lays down the firm foundations of a just and enduring peace formula designed to address the root cause of the Bangsamoro Question. As such, the Framework Agreement, consonant with the right of the Bangsamoro people to self-determination, paves the way for the replacement of the Autonomous Region in Muslim Mindanao (ARMM) by a new institution of self-governance defined by the asymmetrical relationship between the Central Government and the Bangsamoro people through shared-sovereignty modes and concomitant transitional mechanisms that provide character, form and shape to the Bangsamoro Government envisaged by the Framework Agreement.

The forging of the Framework Agreement, however, does not mean the end of the struggle for it ushers in a new and more challenging stage. The peace ahead that the negotiation has made possible requires collective effort to build on the gains of the negotiation and to nurture them until finally justice and development reign in our homeland.

The MILF Central Committee, nonetheless, shares this fruit of the struggle with the Bangsamoro people and the indigenous communities of Mindanao and joins them in celebrating this milestone victory of peace and justice over war and continuous conflict.

The MILF Central Committee also expresses its full appreciation to His Excellency, President Benigno Aquino III, whose unflinching commitment to justice and reforms has been amply manifested by the exercise of his resolute political will to resolve the Bangsamoro Question on the negotiating table.

The MILF Central Committee likewise conveys its gratitude to the Government of Malaysia under the leadership of His Excellency, Prime Minister Datuk Seri Najib bin Tun Abdul Razak, for its consistent support to, and facilitation of, the peace negotiation, as well as to the members of the International Contact Group (ICG), both state and non-state, for their unfaltering help in ensuring that the peace negotiation achieves the desired result.

(SGD) Al Haj Murad Ebrahim
Chairman Central Committee
Moro Islamic Liberation Front


This is a full English translation of the speech delivered by His Excellency,
President Benigno Aquino III at Malacañan Palace on October 7, 2012

We have counted two generations since conflict began in Mindanao, a cycle of violence that has claimed the lives of more than a hundred thousand Filipinos - soldiers, warriors, and innocent civilians who all needlessly shed their blood.

Many solutions have been proposed and tried. We have had peace agreements in the past, but still our hopes for the region remained unfulfilled. Some gained power, but instead of raising the quality of life in the region, this begot a structure that tightened the shackles of poverty. The command vote phenomenon arose and strengthened a feudal structure; ghost roads, ghost bridges, ghost schools, ghost teachers, ghost students became prevalent as the powerful few fattened their purses. A culture of impunity and injustice set in; the people lost their trust in the system, with some attempting to secede.

The ARMM is a failed experiment. Many of the people continue to feel alienated by the system, and those who feel that there is no way out will continue to articulate their grievances through the barrel of a gun. We cannot change this without structural reform.

This is the context that informed our negotiations throughout the peace process.

And now, we have forged an agreement that seeks to correct these problems. It defines our parameters and our objectives, while upholding the integrity and sovereignty of our nation.

This agreement creates a new political entity, and it deserves a name that symbolizes and honors the struggles of our forebears in Mindanao, and celebrates the history and character of that part of our nation. That name will be Bangsamoro.

We are doing everything to ensure that other Bangsamoro stakeholders are brought in to this process so that this peace can be claimed and sustained by all. Sovereignty resides in the people, and consistent with the constitution, a basic law will be drafted by a transition commission and will go through the full process of legislation in Congress.

My administration has pledged to supporting a law that will truly embody the values and aspirations of the people of Bangsamoro. Any proposed law resulting from this framework will be subject to ratification through a plebiscite.

Once approved, there will be elections.

This Framework Agreement paves the way for a final, enduring peace in Mindanao. It brings all former secessionist groups into the fold; no longer does the Moro Islamic Liberation Front aspire for a separate state. This means that hands that once held rifles will be put to use tilling land, selling produce, manning work stations, and opening doorways of opportunity for other citizens.

National government will continue to exercise exclusive powers of defense and security, foreign policy, monetary policy and coinage, citizenship, and naturalization. The Constitution and lawful processes shall govern the transition to the Bangsamoro, and this agreement will ensure that the Philippines remains one nation and one people, with all of our diverse cultures and narratives seeking the common goal.

The Filipinos of Bangsamoro, on the other hand, will be assured a fair and equitable share of taxation, revenues, and the fruits of national patrimony. They will enjoy equal protection of laws and access to impartial justice.

We have gotten this far because of the trust extended to us by Al Haj Murad and his Central Committee, and the members of the MILF negotiating panel led by Mohagher Iqbal. They recognized our administration’s sincerity, and our shared principles and aspirations. Together, we traversed the distance between us until we finally met in a handshake and an embrace as fellow citizens of the Philippines.

We would like to thank the government of Malaysia, who stood as facilitators as we realized our aspirations for peace; We thank in particular Prime Minister Dato’ Sri Mohammad Najib bin Tun Abdul Razak, whose commitment remained firm despite considerable political and personal risk. We would also like to thank the members of the International Contact Group: the governments of the United Kingdom, Japan, Turkey, and Saudi Arabia, and international NGOs - Conciliation Resources, the Center for Humanitarian Dialogue, the Asia Foundation, and Muhamadiyah.

Our people are also grateful for the help of the International Monitoring Team composed of the governments of Malaysia, Brunei, Libya, Norway, Indonesia, the European Union and Japan. The United States, Australia, and the World Bank, among several other countries and institutions, have also provided invaluable support during the course of this process.

None of this would have been possible without the tireless efforts of Secretary Ging Deles, Dean Marvic Leonen, his negotiating panel, and their dedicated staff at the Office of the Presidential Adviser on the Peace Process. There can be no better example of true peace advocates.

This framework agreement is about rising above our prejudices. It is about casting aside the distrust and myopia that has plagued the efforts of the past; it is about learning hard lessons and building on the gains we have achieved. It is about acknowledging that trust has to be earned - it is about forging a partnership that rests on the bedrock of sincerity, good will, and hard work.

The work does not end here. There are still details that both sides must hammer out. Promises must be kept, institutions must be fixed, and new capacities must be built nationally and regionally in order to effectively administer the Bangsamoro. The citizenry, especially the youth, must be empowered so that new leaders may emerge.

In the next few days, the basic principles and outline of the Agreement will be published in various periodicals; the Official Gazette of our government will post the Agreement in full. I urge everyone to participate in free and public discourse before the final signing. Everything will be disclosed; we have no desire to keep secrets. To the best of our ability, we have examined these agreements; we believe we have reached balance and common ground. As a result, we have rectified the errors of the past, and installed mechanisms to make sure they do not recur.

As we read the Agreement, let us not think in terms of “them” and “us”, but rather as a “we” united under a single flag. The time for misunderstandings has passed, and if we truly care for one another, then it is only a matter of time: a matter of time before we put an end to violence; a matter of time before normalcy is restored to the Filipinos of Bangsamoro.

We have come to where we now stand, because trust has replaced doubt. There are challenges yet to face, and I entreat all Filipinos who thirst for peace with this mission: continue to sow trust, let us widen in and make it more pronounced in the days and weeks to come. Other triumphs will be sure to follow. Onward we will march toward stability; prosperity will illumine our entire country as a result of progress in one region; our dreams will become a reality.

I am not a young man; I think I am only slightly younger than Al Haj Murad. The time will come when we will both have to relinquish our positions. We are united by hope: hope that we may bequeath to the next generation a better situation in the parts of Mindanao long torn by conflict. This Agreement allows us to dream: The time is near when any foreigner visiting the Philippines will surely have the provinces of Bangsamoro in his itinerary. The time is near when a tourist wanting to go to Pagudpud can opt to go to Sulu. Children going to school whether in Quezon City or Lamitan will have the same quality education; hospitals whether in Pasig or Patikul can offer the same quality health care; businesses will flourish, whether one chooses to invest in Marikina or Marawi.

For so long, it was impossible to even aspire for these things. But we have proven: Nothing is impossible to those who are willing to unite, to work for solutions, and to act towards consensus. Finally, we have achieved peace, a peace that will serve as the foundation of our dreams for Bangsamoro, for Mindanao, and for the entire Filipino nation.


Speech of Mohagher Iqbal, Chairman of the MILF Peace Panel,
31st GPH-MILF Exploratory Talks, Kuala Lumpur, September 5-7, 2012

First and foremost, let me reiterate my and the MILF’s expression of condolence and sorrow for the death of Interior and Local Government Secretary Jesse Robredo during a plane crash on the seas off Masbate last August 18. This indeed is a great loss not only to the family and relatives and to the Aquino administration but also to the peace process in Mindanao.

The late Secretary will always be remembered as a strong supporter and mover of this peace-making effort. I hope that his successor in the DILG will follow his footsteps in supporting the peace process in Mindanao. I hope the newly appointed DILG Secretary, in the person of former Secretary of Transportation and Communication Mar Roxas III, will actively work behind President Benigno Aquino III efforts to finally settle the Moro Question and the armed conflict in Mindanao. We hope that what he did to the Memorandum of Agreement on Ancestral Domain (MOA-AD) in 2008 leading to the defeat in the Supreme Court is going to be a thing of the past. To the new DILG Secretary, here’s our message: The future is more important than the past.

Today, the GPH-MILF peace negotiation is passing through a defining moment, nay critical phase, which allows no complacency on the part of the parties. Very clearly, the spoilers are mounting their guns and are ganging up on us and certainly if they have their way, they want us to stop and fail. The recent “aggression” of the so-called BIFM/BIFF is a clear example. Their agenda, as I mentioned previously, was two-fold: to shame the MILF (and the government) and to stop the peace talks. What made their sinister act doubly serious is they are not acting alone. The collusion of some personalities or groups is documented, but which I do not want to divulge details in this speech, lest it will stir another complication. But I am so sure, the government or its military, given their good intelligence network, is fully aware of this development.

At this juncture, let me inform you that in the face of this serious development that undermines the negotiation, and more importantly, causing sufferings and displacements of civilians, the MILF did not take the challenge sitting down. We mobilized more than 3,000 of our forces and encircled the 200 or so BIFF forces, which are divided and isolated into two groups, and demanded that they cease their aggression or we will be forced to resort to our last option. As a result, five of their top commanders including Mohiddin Animbang or popularly known as Kagi Karialen, their vice chairman on military affairs and chief of staff signed a deed of commitment not to create trouble while the negotiation is moving forward. However, Ameril Omra Kato and Mohammad Ali Tambako, chairman and vice chairman of their group, respectively, are yet to affix their signatures on the paper. Kato’s signing the document, however, is most unlikely, because he is seriously ill and can hardly speak or move --- and is no longer in control of the group.

As of yesterday, the MILF has loosened the containment a little to allow them breathing space and to rethink their position rationally, and perhaps, change in favor of pacific ways. At the same time, we are monitoring their movement very closely.

Without saying, the MILF’s upper hand position in the face of the current hard situation obtaining in some parts of Maguindanao and North Cotabato hinges on various factors. One, both the ideological and political lines of the MILF remained very valid and not seriously challenged; two, the MILF enjoys popular support; three, the MILF’s has a functioning people’s committees; fourth, the MILF’s legitimacy and international support is growing; and fifth, the MILF’s military strength is more than all of those in the hands of other Moro armed groups combined. In addition, the MILF leadership is firm and decisive; once a decision is made, it is carried out without hesitation.

However, the sad part of this harsh reality is that these challenges will not cease in the near foreseeable future. This can be inherited even beyond the signing of an agreement, which, therefore, require the parties to this negotiation to rethink proactively how the new political entity --- and the MILF --- would be able to cope up with these challenges. This is a challenge that we negotiators of the government and MILF must now think of seriously.

To reiterate, there is a stiff and protracted battle of ideas raging among Moro groups in Mindanao. This phenomenon is not only true to our case in Mindanao, but rather this is the rule in all conflicts elsewhere in the world. This is also true among policy makers in governments. In our case, one group bats for radical approach, which is militaristic, and another follows the MILF’s line which pursues for a negotiated political settlement of the conflict in Mindanao. An outright verdict in this controversy is not forthcoming. An idea cannot be defeated by any other means effectively, except by a better idea and well-thought-out program of action. This can only effectively happen and put to rest when after signing an agreement with the government, the MILF can deliver and the condition of the people will change for the better.

Lastly, an article posted in the Mindanews carried a statement of Secretary Teresita Deles of the Office of the Presidential Adviser on the Peace Process (OPAPP) seeing bright prospects for peace in Mindanao as negotiations with the MILF are “making headway”. This is the first time, as far as I know, the good Secretary has ever made a very positive statement, short of saying that the agreement is already in the bag. I hope she was quoted correctly.

Perhaps, this optimism reflects the positive response of the government to the proposal of the MILF vis-à-vis some of the remaining sticky points still to be hurdled by the parties. In such a case, signing the Framework Agreement is not a remote possibility. It can happen, perhaps not in a very distant future.

On this note, let me thank all of you for giving me the chance to speak before you.

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