Mga Bakwet Hindi Babalik

DXUP FM Balita -  Alih S. Anso August 28, 2008- Lunes

Pikit, North Cotabato—Patuloy na nananatili at nakatunganga sa mga evacuation center ang mga nagsilikas na mga mamayan  sanhi ng bakbakan ng Bangsamoro Islamic Armed Forces ng  Moro Islamic Liberation Front (BIAF-MILF) at ng Armed Forces of the Philippines (AFP) nitong Agosto.  Ang ibang mga  nagsilikas ay    nasa Buisan bodega, nasa tabing kalsada at sa Pikit Parish social center na lahat ay   mula sa municipyo ng Pikit at Aleosan.

“Kagutem i di nami magaga, ka dala den supply,” (gutom ang di namin kaya, dahil wala ng supply) pahayag ni Samakon Abas, 50, isang residente ng Barangay Bualan.

Ngunit sinabi naman  ng World Food Program na nakapagbigay na sila ng 25 kilos na bigas sa bawat pamilya. 

“Samaya na dikena bo nakapila i kinambakwet nami, nalugat kay ren” (Di lang miminsan kaming nakabakwet, pagod na ako) dagdag ni Abas.    Habang sinariwa nya ang paghihirap ng kanilang dinanas nong magbakwet sila noong   1971,  1973, 2000, at 2003.

“Iya nami bo kapangni na maka gemaw so kawagib no Bangsamoro, ka o makainggay na makalintad tano, Insha Allah” (hiling namin ang katarungan para sa Bangsamoro, upang umiral ang kapayapaan, Kong May Awa ang Diyos),  pahayag naman ni Bonbolen Alilaya, 55, taga Barangay Ginatilan.

Nagsilikas ang mga mamayan dahil sa takot na tamaan ng pina puputok na mga   105 howitzer na kanyon mula sa Army  at nagsasalimbayang bala mula sa ibat-ibang kalibre ng baril   ng naglalabanang pwersa. 

“Ang di namin namin kayang tiisin ay putok ng  105 mm howitzer na nagmumula sa Poblacion Pikit”, dagdag ni Alilaya.

Naunang naiulat na umabot na ang mga bakwet ng    22,000  , na ang 5,000 sa kanila ay mula sa Barangay  Tapudok at Langayen sa bayan ng Aleosan  . Ang ibang barangay ay Silik, Pamalian, Bualan, Kulambog, Katilacan Pagangan, Manaulanan, Lagundi, Nalapaan, Dalingawen at Kalakakan lahat sakop ng Pikit.

“Di kami pan makauli ka pangandam ta sa mga taw ni Pinol,” (Hindi kami makabalik dahil takot kami sa     mga tagasunod ni Pinol), pagpapaliwanag ni Muna Guiama, 40 at Guiamalodin Sugagil, 35 na pawang taga Ginatilan.  Ang kanyang tinutukoy ay si Cotabato Vice – Governor Emmanuel Pinol na kamakailan ay nanawagan sa pag-aarmas ng mga sibilyan.

Samantala nong August 28, sa may  national highway ay  namimigay ng mga relief   ang   DSWD volunteer na si Delia M. Angub dahil may mga     bakwet din may  sa Amanah Evacuation Center sa Inug ug  na may bilang na  47 na pamilya mula sa barangay Kulambog, Pamalian, Manaulanan, Nalapaan,   Manaulanan, Pagangen, Bagolibas at Balong na kanilang serbisyohan.

Ang mga bakwet ay nagpahayag na  mananatili   sa evacuation center   hangga’t nagsasagawa ng military operation  ang AFP at habang  may mga armadong sibilyan na gumagala-gala sa kanilang barangay.

Umaasa ang mga bakwet na sa Buisan bodega at national highway na matuloy   ang usapang pangkapayapaan ng MILF at goberno upang mapirmahan na ang kasunduan sa Ancestral Domain.  Ang pagpirma sa Memorandum of Agreement-sa Ancestral Domain (MOA-AD) sa Kuala Lumpur Malaysia ay di natuloy noong Agosto 5, dahil sa Temporary Restraining Order ng Korte Suprema ng Pilipinas.

An Open Letter of Michael O. Mastura: MOA-AD

Dear All,

We don’t have money to further enrich the national dailies with a whole page AD.  So I do have to settle for alternative media prints “a la pobre”.  But it has the benefit of global interconnectedness.  Here’s my initial salvo to Frank’s ADS on MOA-AD.  I will elaborate my commentary much later.  For the sake of a broader debate, please help circulate this Open Letter on the MOA-AD.

Yours truly, Datu Michael O. Mastura

An Open Letter
24 August 2008

My reply email was interrupted by a brownout amidst my composing thoughts I wanted to convey to our readers at the Mindanews website besides Luwaran website.  Hopefully someone from the editorial box of the national dailies (in particular PDI) will pick as news items warranting some space the legal views of lawyers (like me) who represent MILF as the real Party in interest across the GRP-MILF negotiating table.

The series of full page ADS in PDI 08/22/08 and PD 08/23/08 of former senate president Frank M. Drilon simplify and focus on perceived infringements to the 1987 Constitution.  Those two Q & A pages make up powerful arguments for the continuing extension of what I call the “colonisibility status” of the Bangsamoro people, posing the matter of immediate infringement as a danger.

If we think rationally out of the maddening reactive anti-Moro sentiments generated by opinion-editorials and hardly balanced media coverage of the Government-MILF peace process, it makes me reflect the ‘triumph of diplomacy’ in our era of postmodern states. [N. B. this phrase is taken from the title of a book on how the Moro rulers of the Magindanaw sultanate and the Sulu sultanate had survived the era of treaty-making with Spain, an imperial power, and Holland, a commercial power, of the time and the United States up to 1916, when President Woodrow Wilson enunciated seminal ideas of the right to self determination.] Thus, there is no occasion to speak of Balkanization of this ungovernable part of the region.

Now the Country (el Pais)—Las Islas Filipinas—has just awakened to the depth of the Bangsamoro legitimate GRIEVANCES.  Instead of killing the ideas—the CAUSE (or SABAB)—embodied in the MOA-AD, the representatives of Government must face up to the Agreed Text as STATECRAFT.  It vindicates the JUSTNESS of the ORIGINAL POSITIONS to fix in constitutional construct. Traditional Moro negri (statehood) ‘earned sovereignty’ is encapsulated by the Republic in its present form and structure as an autonomous entity presently in existence before the family of nations since 1946.

Spokespersons for that Sovereign state called the Republic of the Philippines (GRP) configure their constituencies into a political community.  Such an assumption neglects a number of contested constitutional issues before the negotiating table.

What is the “territorial integrity” of the Philippines? When reduced to geographic maps with proper technical coordinates, the fundamental question we formally raised at the GRP-MILF Talks are as follows:

1. Is the present national territorial delimitation based on the Treaty of Paris of 10 December 1898 as corrected by the Treaty of Washington of 7 November 1900 and the treaty between the United States and England on 2 January 1930? Or,
2. Is it the current technical description of the archipelagic doctrine based on R.A. 3046 of 1961, as amended by R.A 5446 of 1968 as a system of straight baselines, its negotiating position on boundary delimitations under the United Nations Law of the Sea Convention?

An act of statesmanship is to ‘write sovereignty’ in terms of the ‘associative ties’ envisaged in the MOA-AD.  We cannot proceed with a serious debate as if the meaning of sovereignty were stable; for, in reality, not one but various forms of sovereign statehood exist. There’s no confusing justice with legitimacy for workable arrangements here.  However, there’s a truncated understanding of sovereignty when 12 June 1898 was fixed by law as an episodic event, following the inauguration of Philippine independence on 4 July 1946. Article 1 of Title I of the Malolos Constitution succinctly reads: “The political association of all the Filipinos constitutes a nation, whose state is called the Philippine Republic”.  At that point in time, the Bangsamoro homeland was not a part of the whole Country, for as a matter of historical narrative that Republic invited the Sultan of Sulu and the Sultan of Magindanaw to federate with it.

What matters for us present generation of patriots is that Driion’s half-a-million-worth of PDI ADS highlights the absolute necessity for a change in the first principles of the unitary system. How do we, then, fit inter-subjective understandings of ‘statehood’?  Former senate president Drilon, at least, seriously confronts the arenas of debate over the MOA-AD, but why does he not concede to explore the course of constitutionalism beyond the status quo of the existing constitutional order? That is unfortunate, because, what is placed before the Supreme Court is a new “elegant formula” of negotiability to balance between state sovereign authority and the right to self determination.

We need to examine the MOA-AD on the foundation of the formal division of sovereignty that favors “state rights” that have inhered in the Bangsamoro people, whose ancestral homeland was “illegally and immorally annexed” to the Republic without their plebiscitary consent.  Peace negotiations are said to be “the war after the war”.  Here, too, there is a subtle but in-depth way of looking at what amount of central authority in point of fact is compatible with “what is worth dying for” in the eyes of the majority of Bangsamoros in the contemporary politics of identity.

This is what the MILF-GRP negotiation process is all about: to determine the extent and limits of each side’s commitments. Clearly the premise of peace with your Muslim brothers under the MOA-AD precisely does not endanger but entrench the Country’s sovereignty.  The MOA-AD achieves, rather than contemplates the use of naked coercive force, the desirable levers of division, allocation and distribution of powers; in other words, shared and residuary authorities for the Bangsamoro people and the rest of the Filipino people.  All I can advance for now as an explanatory note is that the “general welfare clause” of the Philippine Constitution matching the principle of maslaha wal mursalah in Islamic constitutionalism is a catch all framework to accommodate “a medley of associative ties and tiers”.

I will elaborate on these points in a separate commentary on specific provisions of the MOA on AD. If only a healthy environment for serious debate is not drowned out by the intrusion of the mass media into the negotiating process that now encourage the politics of fear at the Metro Manila capital while excessive use of force are applied to villages in Mindanao, we can peaceably settle the conflict in Mindanao.

All the best,
Datu Michael O. Mastura

Source:  http://blog.wyzemoro.com/

Bangsamoro at Pilipino: Magkapatid?

(Script ni Kaka Alih August 25, 2008 para sa Programang “Udto na Adi” 11:00-12:00 Lunes-Biernes).

Hindi miminsan   nating tinalakay kong  sino ang Bangsamoro. Sino nga ba Sila?  Sila ang mga kapatid natin na hindi sumuko sa mga Espaniol at lumalaban at naihambing nila sa mga nakalaban nila na mga taga Morocco na kaya nman tinawag nilang Moro ang ganoon din mga tao dito sa atin, at nito ng circa 70 ay umusbong ang katawagang  Moro at nitong huli na ay nagiging palasak na sa tainga ang katawagang  Bangsamoro, hindi lang dito sa atin kundi buong mundo na, kong gusto ninyong masubukan just type in the word Bangsamoro sa ano mang search engine sa mga website at tiyak makakakuha kayo ng libo-libong sagot.  Try mo. (nag-try ako sa search engine na google in 3 seconds  193,000 ang resulta)

Moro sa una ang tawag, nitong mga huling panahon ay nadugtongan ng Bangsa na ang kahulugan sa sariling wika natin ng Bangsa ay angkan, kaya naging Bangsamoro na ngayon ang tawag. Nabibilang sa mga tinatawag ngayon na Bangsamoro ay ang tribong M’ranaw, Yakan, Maguindanaon, Iranon, T’duray, Suban’n, Tau Sug at marami pang iba, ang ibang manunulat, tulad ni Prof. Rudy Rodil ay hinati sa sa dalawang kategorya ang Moro, ang Islamized at hindi, o ang ibig sabihin ng Islamized ay tinanggap ang Islam bilang religion at pangalawang kategorya ay nanatili sa kanilang nakaugaliang pananampalataya.. Ito ang nagging katawagang sa kanilang lupain, ang Bangsamoro

Ang tinatawag naman Pilipino ay yaong mamayan na mga taga Pilipinas, na dinatnan dito ng Kastila, na sumunod sa mga kaugalian, relihiyon o iyong mga napilitang magpasakop sa kapangyarihan ng Kastila, dahil wala ng magawa kundi magpasakop dahil talo sila sa lakas at armas sa pakikipaglaban. Ang ilan sa Pilipino ay ang mga Taga-ilog o Tagalog na taga Bulakan at Maynila, mga Ilokano, Ilonggo, Cebuano at iba pang tribo.

Hindi ba ang  magkapatid ay halos magkapareho ng mga kaugalian, paniniwala sa mga salita at iba pang bagay. Ganoon din ba ang Pilipino at Bangsamoro, saan sila magkapareho?

Ang kasagutan sa tanong, ay marami, ngunit magbibigay tayo ng ilang halimbawa; sa pagsasaya o merry making, paano nila ito ipinagdiriwang? pareho dito ang dalawa, sa mga Pilipino tuwing sumasapit ang Pasko o bagong taon, paputok ang common sa dalawa. Halos lahat na yata na pumuputok ay pinapuputok ng mga Pilipino, di baling gumasto ng kayaman pati buhay maipagdiwang lamang ang pasko o bagong taon ng may paputok.

Sa mga Bangsamoro na Muslim, tuwing sasapit ang Id o katapusan ng Ramadan o itong darating na Id’l Adha, ang mga Bangsamoro kahit ito ay sinasabi ng ng mga nakakaalam o ng mga Uztadz na wala ito sa katuruan ng Islam ang pagpapaputok sila ay patuloy pa rin sa namana nilang kaugalian,. Nagpapaputok tuwing sasapit ang araw ng Id,  Di baling may madisgrasya basta maipagdiwang lamang ang isang bagay na may putukan.Ang sabi akin  ng isang  Lolo, iyan Teng ang  namana natin sa mga Intsik, paputok, alalahanin natin na  minsan na tayong dinayo ng mga  Intsik  sa  larangan ng kalakalan.

Sa paghihiganti o vendetta ng isang kaanak na napatay, pareho sila dito, hindi mapalagay ang Pilipino at Bangsamoro na hindi maipaghiganti ang kapatid o kaanak na napatay o naapi, dito lamang sila medyo nagkakaiba, ang Bangsamoro, ay agad naisasakatuparan ang paghihiganti. Bakit? Dahil may armas na hawak hanggang sa ngayon, di tulad ng mga Pilipino na pinagbawalan ng mga Kastila o hanggang ngayon ng goberno na humawak ng sandatang nakakamatay. Samantala sa mga Bangsamoro, dahil sigoro sa hindi nagpasakop nanatiling hawak pa rin ang kanyang sandatang panglaban sa kalaban hanggang sa mga sandaling ito.

Sa mga salita, o wika marami silang similarity ng pagbanggit sa parehong kahulugan, halimbawa: bahay sa Tagalog, balay sa Bisaya at walay sa Bangsamoro at marami pa kong ating ilalahad lahat.

Kaya nararapat lamang na magmahalan, mag-unawan at magrespetuhan ang dalawang angkan na ito dahil malapit silang mag-anak, maliban pa sa iisa ang pinamulang ng lahat ng lahi ng tao mula  kay Adan at Eba.

Chairman Murad Holds Highly Awaited Press Conference. at Camp Darapanan

  (source: www.luwaran.com)

August 25, 2008

Al Haj Murad Ebrahim, Chairman of the Moro Islamic Liberation Front (MILF) Central Committee, met the journalists in a highly-awaited press conference held August 23, 2008 at Camp Darapanan , Bangsamoro homeland. Senior members of the MILF Central Committee including Vice Chairman Ghazali Ghazali Jaafar for political affairs were also present. MILF Peace Negotiating Panel headed by Mohagher Iqbal with members Atty Datu Michael Mastura, Atty Lanang Ali, and Maulana Mohammad Alonto were also in attendance. 

 The press conference graced by international, national and local journalists lasted for three hours with discussions focused on the pressing issues confronting the currently “beleaguered” peace process between the Government of the Republic of the Philippines (GRP) and MILF

“The MILF conveys to our media friends its endless gratitude for acceding to our invitation for this press conference. We hope that through your efforts, the side of the MILF on so many issues and cases will be presented and understood. We took notice that for the past weeks, the side of MILF on various incidents and situation relative to the peace process, signing of the Memorandum of Agreement on Ancestral Domain and the recent spate of clashes and hostilities in some part of Mindanao was not clearly presented,” Chairman Murad said.
The following are excerpts from the statements of Chairman Murad and other top officials of the MILF.

MILF position is firm 
As we had said and manifested in the press and official statement I had earlier read, the MILF position is firm. “As far as we are concerned, the

Memorandum of Agreement on Ancestral Domain (MOA – AD) is a final document, a done deal.”
The MILF cannot allow renegotiation on the MOA – AD, which took both the MILF – GRP Peace Negotiating Panels four years and eight months to discuss and initialed through the superb facilitation of the Malaysian government.

The MOA –AD had been subjected by the government to review for many times. It was even subjected by the government to legal review by experts for almost four months. The MILF do not understand why it is only now they (government constituency) complaint about the document given the fact that the MOA – AD has been initialed by the two peace negotiating panels, Malaysian facilitator Datuk Othman Abdulradzak, and Secretary Hermogenes Esperon Jr of the Office of the Presidential Adviser on the Peace Process.

Apparently, the uproar is on the side of the government which led to the issuance of the Supreme Court to issue a Temporary Restraining Order (TRO) for the scheduled signing of the MOA-AD last August 5, 2008 at the administrative capital of Malaysia in Selangor.

Consultations were done

As far as we know, years prior to the initialing and scheduled signing of the MOA – AD, the MILF and GRP peace negotiating Panels had agreed to conduct consultations and advocacy, separate and joint endeavors.

For the MILF, we had conducted series of consultations and advocacy with our constituencies, and we believe we had enough of such undertakings. In 2005, the MILF undertook a general consultation with the Bangsamoro people wherein more than two million people had attended. Our constituency had given us strong mandate in pursuing the peace process with the government and in forging a just and comprehensive negotiated political settlement that would finally resolved the Bangsamoro problem and conflict in Mindanao .

Apparently, however, there was a failure in consulting the constituency, to include the local government, armed forces and the cross-sections of the society of the Philippine government by our counterparts. That’s why there is now a strong uproar on their side. Although we believe there were consultations done by the government about the ancestral domain agenda but we do not know how they were conducted.   

Negotiating with the government

The MILF maintains the conviction that we are negotiating with the government and not its executive branch alone. We believe that the negotiating panel of the government is cloth with full authorities and mandate being representative of the government.

This negotiation is a negotiation with the government. The MILF cannot negotiate first with the executive branch, then with the legislative and then the judiciary, so on and so forth.

MOA – AD is non-renegotiable

Asked to comment on the statement “the GRP cannot sign the MOA-AD in its present form,” and so what would be the MILF option, what will happen next?

The recent incidents of clashes and hostilities, particularly in North Cotabato , Lanao and Saranggani, are direct result or impact of the aborted signing of the MOA – AD.

We hope the GRP will make up her mind. What we are expecting is for her to stand by, defend the already initialed MOA – AD, and eventually sign it. This is the obligation of the government to the MOA –AD.

The peace process is in a state of dilemma now. The possibility for the peace process to collapse is already there if the government would again renege on its commitment and veer away from the peace track.

The MILF is totally committed to pursue the peace process. But if the government would abandon it, then there are a lot of options available but continuation of armed struggle is given.

The peace process is part and parcel of the Bagnsamoro struggle to achieve the legitimate aspiration of the Bangsamoro people for freedom, homeland, identity and self-governance and in achieving peace, justice, unity and progress in Mindanao . If the peace process will not succeed then rest assured that the MILF is determined to continue the struggle until the Bangsamoro objective is achieve.

Sad incidents

What had happened in Lanao del Norte and North Cotabato are very unfortunate. The MILF expressed sadness to what had happened. We do feel that it should not have happened in the first place. The incidents were triggered by the frustrations and outraged of our commanders on the peace process in the wake of the aborted signing of the MOA – AD.

Thorough and impartial investigation within the framework of the peace process must be conducted on these cases.

But the problem is that the government had already launched military offensives against alleged perpetrators without giving enough space for the mechanisms of the peace process to take their due course in addressing the situation.

Worst, the Armed Forces of the Philippines is already conducting indiscriminate actions employing excessive force against the main MILF forces and not just the alleged perpetrators. This had complicated the situation even further. Now hundreds of thousands of people, Muslims and Christians were already displaced.

The MILF believes the situation can be resolved through the mechanisms and parameters of the peace process. Any problem that occurs between the government and the MILF must be addressed thought the peace process.

Arming the civilians

We are seriously concern about the reported government gambit and overtures to arm the civilians. Anybody within the structure of the government that holds firearm is no longer a civilian but a combatant.

We gathered unverified information that some of those civilians who got killed in the Lanao del Norte incidents were actually armed and involved in a gun battle with the MILF forces. The other civilians were caught in the crossfire and not murdered by the MILF. That’s why the Joint MILF – GRP ceasefire committees and International Monitoring Team (IMT) must conduct as soon as possible an investigation to what had happened so that the measures and actions to be taken up will be prudent and justified.

Needless to say, arming civilians will not contribute to the noble efforts in finding a just, comprehensive and principled solution to the conflict in Mindanao .  

Strict laws and regulations
 
As a revolutionary organization, the MILF has its own laws and regulations as well as strict policies. Attacking civilians, destroying properties and violating human rights are totally in violation of the MILF internal laws and policies. Whoever is guilty of violation will be dealt with accordingly. The MILF is not a terrorist organization but a liberation front with clear ideology and political agenda.

Opposition to the MOA – AD

We really do not know exactly the contentions to the opposition on the MOA – AD. We do not know which part or specific provisions of the document are being opposed.

If the opposition to it is purely on the basis that there was no enough consultations made then that is not much of concern because certainly there will be consultations with the people and even there will be necessary congressional actions and enactments and of course the conduct of the plebiscite wherein the document will be subjected to the people for final decision.

MOA-AD is just a framework agreement and not the final compact. But with all due respect, the media is also responsible to muddling the entire issue and in creating a very hostile situation especially on the ground and public discourse. There is minimal, if not, non at all positive write ups on the peace process and MOA – AD for the past weeks. We need to strike a balance and fairness in media reporting. There were so much inflammatory statements that only add more to injuries and fanning total break-up of the peace process. Sorry to say that the media apparently has become a propaganda outfit designed to scuttle the peace process wittingly or unwittingly in favor of selfish, unscrupulous, bigoted minds and interests.

MILF wants to keep peace process going but no renegotiation of MOA

PEACETALK: Let the MOA-AD Speak for Itself (1 & 2). By Abp Orlando Quevedo, OMI

Mindanao, Palawan govs, including NorthCot’s, issue "statement of solidarity"

MILF to Senators: Peace Talks is extra-constitutional right at the start

MILF to Senators: Peace Talks is extra-constitutional right at the start

August 17, 2008  The Moro Islamic Liberation Front (MILF) reminded some Filipino senators opposed to the Memorandum of Agreement on Ancestral Domain (MOA-AD) that right at the start of the GRP-MILF Peace Talks in 1997, the negotiation was already extra-constitutional, or the MILF was and is not a true and legitimate revolutionary organization but mere non-government organizations (NGOs) or lobby groups fighting for reforms within the very system in this country. “When you talk to rebels, it is understood that you suspend your laws over them or they will not talk to you and let their guns speak,” Muhammad Ameen, chairperson of the MILF Secretariat, told Luwaran today. He cited the cases of Machakus Agreement between Sudan and the Sudan People’s Liberation Movement (SPLM), the Good Friday Agreement between Northern Ireland and the United Kingdom, the Bougainville Agreement in  Bougainville, Northern Sahara Agreement, the Aceh Agreement between Indonesia and the Free Aceh Movement, and the Kosovo Formula. “It is regrettable that still many senators, who are supposed to be national leaders, are ignorant of these models of conflict resolutions around the globe. They showed their biases, prejudices, and hatred in recent days, and ganged up on the MILF and the Moro people as if they are toughies on the streets,” he gasped. “Are you not aware of the fact that when a senator files a resolution in the Senate that resolution is not constitutional until it is passed by both Houses and signed into law by the president?” he urged them to contemplate.  He informed the Senators that the government and the MILF when they signed the Tripoli Agreement on Peace of June 22, 2001 agreed to open “new formulas” that would “permanently address” the centuries-old Moro Problem in Mindanao. They also agreed in principle that the government will not raise the issue of constitution, territorial integrity, and national sovereignty, and the MILF not to raise the issue of independence. The agenda was agreed during the time of President Fidel Ramos in 1997, continued to the presidency of Joseph Estrada, but the peace talks collapsed when he declared all-out war against the MILF in 2000. President Gloria Macapagal-Arroyo picked up the pieces and urged the MILF to return to the negotiating table. Hesitant in the beginning, the MILF agreed later after Arroyo agreed to conduct the talks in foreign soils, facilitated by the Organization of Islamic Conference (OIC) or any member country, and acknowledged and implement all past agreements. Ameen described “new formulas” as some form of self-governance for the Bangsamoro People that the Parties, with third party facilitation, will search and negotiate as they move the peace process forward, as distinguished from the “old formulas” tried by the government but failed miserably to address the Moro Problem. He enumerated the various forms of old formulas which the government tried but resulted in dismal failures, some of which were very bloody: 1. Assimilation of the Moros to the body politic, the necessary consequence of the unitary setup in this country, the legacy of colonialism in the Philippines; 2. Integration of Moros, which is lower or lesser in impact but still envisioned to integrate the Moros into the body politic. The era saw the creation of the Commission on National Integration (CNI) that offered scholarships, settlements, etc.; 3. Massive resettlement programs in Mindanao of people from Luzon and the Visayas that resulted in displacement, dispossession, and dispersions of Moros and other indigenous peoples in the region; 4. Genocide, as evidenced by the creation of the Ilagas, who killed thousands of Moros including children, women, and old folks, and massacres during the height of Martial Law in the 70s; 5. Resort to all-out wars as a national policy of the government like the ones declared in 2000 by Pres. Joseph Estrada and 2003 by Pres. Gloria Macapagal-Arroyo. Both resulted in thousands of lives lost or wounded, millions worth of properties lost, and a million internally displaced persons (IDPs); and 6. Autonomy, as in the so-called Autonomous Region in Muslim Mindanao (ARMM), is an administrative region and never autonomous.  Instead of giving genuine self-governance, it breeds in corruption never experienced in the annals of Moros in Mindanao.   (source: http://www.luwaran.com/)

BJE and the question of independent statehood - Atty. Soliman Santos, Jr.

By Atty. Soliman M. Santos, Jr.*
Quezon City, 12 August 2008

Mindanao Bishops, MILF: pursue peace process, call for ceasefire

Mindanao Bishops, MILF: pursue peace process, call for ceasefire

August 15, 2008 Rasid Ladiasan, Correspondent The Mindanao Bishops and Moro Islamic Liberation Front (MILF) reiterated their commitment to pursue the realm of peace, justice, solidarity and development as well as the peaceful resolution of the Mindanao conflict and Bangsamoro problem through the ongoing peace process between the government and MILF. “The MILF and the Bishops reiterate unwavering moral commitment to pursue the path to peace, solidarity, justice and development in Mindanao, and resolve and support to the continuation of the peace process between the MILF and the government until its successful conclusion is achieved,” stated in their Joint Communique’ issued after their peace dialogue held at the Archbishop’s Residence in Davao City on August 14, 2008. The dialogue was the first-ever between the Catholic Bishops of Mindanao and MILF which the sides described as epitomizing utmost sincerity, trust and cordiality, and a historic significant initiative as a way forward in advancing the common quest for genuine peace, unity and development in Mindanao. Archbishop Fernando Capalla of Davao, co-convenor of the Bishops-Ulama Conference, led the Bishops and the MILF officials by Mohagher Iqbal, MILF Chief Peace Negotiator. “We are indeed very happy to host this historic occasion. This is the very first time that high officials of the MILF were able to come to the Bishop’s House and we are very glad to be with,” said Archbishop Capalla, adding that His Eminence Cardinal Rosales, Cardinal Vidal and the Papal Nuncio in Manila were informed of the dialogue. For his part, Chairman Iqbal said “We went our way to be here with you in the hallowed name of peace with our strong appeal for strong cooperation from all sectors in our stride to achieve peace in Mindanao .” “We all know that peace is so precious for all of us and so in the spirit of openness and frankness, we shall move forward with the process in searching for truth and justice as paramount foundation towards peace in Mindanao ,” Iqbal said. Joining them for the dialogue were Archbishop Orlando Quevedo of Cotabato, Auxialiary Bishop Jose Colin Bagaforo of Cotabato, Bishop Honesto Pacana of Malaybalay, Bishop Juan de Dios Pueblos of Butuan, Bishop Neri Ochimar of Tandag, Surigao del Sur, Bishop Edwin dela Pena of Marawi City, Bishop Anonieto Cabahug of Surigao City; MILF Senior Peace Panel Member Atty. Datu Michael Mastura, Ustaz Mohammad Montasir and Ustaz Mohammad Abdullah, both members of the MILF Central Committee, MILF AHJAG Chairman Atty. Abdul Dataya, MILF Peace Panel Head Secretariat Jun Mantawil,  MILF Peace Panel Secretariat Member Mohajirin Ali, and MILF Ceasefire Committee Secretariat Head Rasid Ladiasan. During the dialogue, the Bishops asked the MILF on its stand on the present status of the Memorandum of Agreement on the Ancestral Domain (MOA-AD), clashes in some towns of North Cotabato, concerns on the indigenous peoples’ issues, and how can the Bishops be help to the GRP – MILF peace process. Reverend Archbishops Quevedo, who in his recent write ups said the MOA-AD could bring lasting peace in Mindanao for all its people, said the “new information” shared by the MILF on the MOA-AD are very helpful in appreciating further the document. However, Bishops Quevedo stressed the imperative of holding more dialogue and education campaign to avoid the negative repercussions that the MOA – AD could possibly unfold. “The Bishops and representatives of the highest leadership of the MILF called on all sectors of the society for sobriety and calmness in confronting and resolving the issues besetting the forging of the GRP – MILF: MOA–AD,” said the Joint Communique. It also stated “Both Parties also manifested their strong appeal for an immediate declaration of ceasefire to the ongoing armed clashes in some towns of North Cotabato, and immediate delivery of relief assistance and rehabilitation programs for the affected communities by all concerned institutions, local and international.” Both parties resolved that dialogue and educational programs must be intensified, particularly by the religious leaders and academic institutions, relative to the ongoing peace process in Mindanao. www.luwaran.com

Moro group to march to SC in support of domain pact

  GMANews.TV - Friday, August 15

MANILA, Philippines - A Muslim civil society group is set to march to the Supreme Court on Friday to hear the oral arguments on the controversial ancestral domain pact between the government and the Moro Islamic Liberation Front (MILF).

A radio report said the Bangsamoro People Solidarity for Peace which is holding a picket rally at Palanca St. in Manila’s Quiapo district is intending to march to the Supreme Court compound where a hearing on the ancestral domain agreement has been scheduled.

Pendatun Disimban, the group’s spokesperson, said the Supreme Court should lift the temporary restraining order on the signing of the memorandum of agreement (MOA) on ancestral domain, saying it is the key to peace in the Mindanao region.

The group likewise slammed the agreement’s critics, alleging that they have vested interests that they are trying to protect.

“Si ( North Cotabato Vice Governor Emmanuel) Piñol ay tumututol dito, at ang kanyang mga kasamahan, dahil meron silang mga personal na interest. Si Mayor (Celso) Lobregat ng Zamboanga City, may mga lupa yan sa Lanao del Sur, sa Balabagan municipality, na kinuha nya mula sa mga Moro kaya ganon na lang ang kanyang pagtutol,” said Disimban.

The Supreme Court was scheduled to hear the oral arguments of the parties involved in the agreement at 9 a.m. Friday.

Shortly before 10 a.m., however, High Court magistrates went into an in-chamber hearing to discuss the government’s motion to postpone the oral arguments. - Johanna Camille Sisante, GMANews.TV

Mindanao’s bishops, MILF meet behind closed door; call for "sobriety and calmness"

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE

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IN THE NAME OF GODTHE BENEFICENT, THE MERCIFUL

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE
GRP-MILF TRIPOLI AGREEMENT ON PEACE OF 2001 

The Government of the Republic of the Philippines (GRP) and the Moro Islamic
Liberation Front (MILF) herein referred to as the “Parties” to this Agreement,

TERMS OF REFERENCE

The Agreement for General Cessation of Hostilities dated July 18, 1997 Between the
GRP and the MILF, and its Implementing Administrative and Operational Guidelines;
The General Framework of Agreement of Intent Between the GRP and the MILF dated
August 27, 1998;

The Agreement on the General Framework for the Resumption of Peace Talks Between
the GRP and the MILF dated March 24, 2001;

The Tripoli Agreement on Peace Between the GRP and the MILF dated June 22, 2001;

The Tripoli Agreement Between the GRP and the Moro National Liberation Front
(MNLF) dated December 23, 1976 and the Final Agreement on the Implementation of
the 1976 Tripoli Agreement Between the GRP and the MNLF dated September 2, 1996;

Republic Act No. 6734, as amended by R.A. 9054, otherwise known as “An Act to
Strengthen and Expand the Autonomous Region in Muslim Mindanao (ARMM)”;
ILO Convention No. 169, in correlation to the UN Declaration on the Rights of the
Indigenous Peoples, and Republic Act No. 8371 otherwise known as the Indigenous
Peoples Rights Act of 1997, the UN Charter, the UN Universal Declaration on Human
Rights, International Humanitarian Law (IHL), and internationally recognized human
rights instruments; and

Compact rights entrenchment emanating from the regime of dar-ul-mua’hada (or
territory under compact) and dar-ul-sulh (or territory under peace agreement) that
partakes the nature of a treaty device. For the purpose of this Agreement, a “treaty” is
defined as any solemn agreement in writing that sets out understandings, obligations,
and benefits for both parties which provides for a framework that elaborates the
principles declared in the Agreement.

HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:

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CONCEPTS AND PRINCIPLES

1. It is the birthright of all Moros and all Indigenous peoples of Mindanao to identify
themselves and be accepted as “Bangsamoros”. The Bangsamoro people refers to
those who are natives or original inhabitants of Mindanao and its adjacent islands
including Palawan and the Sulu archipelago at the time of conquest or colonization
and their descendants whether mixed or of full native blood. Spouses and their
descendants are classified as Bangsamoro. The freedom of choice of the
Indigenous people shall be respected.

2. It is essential to lay the foundation of the Bangsamoro homeland in order to address
the Bangsamoro people’s humanitarian and economic needs as well as their political
aspirations. Such territorial jurisdictions and geographic areas being the natural
wealth and patrimony represent the social, cultural and political identity and pride of
all the Bangsamoro people. Ownership of the homeland is vested exclusively in
them by virtue of their prior rights of occupation that had inhered in them as sizeable
bodies of people, delimited by their ancestors since time immemorial, and being the
first politically organized dominant occupants.

3. Both Parties acknowledge that ancestral domain does not form part of the public
domain but encompasses ancestral, communal, and customary lands, maritime,
fluvial and alluvial domains as well as all natural resources therein that have inured
or vested ancestral rights on the basis of native title. Ancestral domain and ancestral
land refer to those held under claim of ownership, occupied or possessed, by
themselves or through the ancestors of the Bangsamoro people, communally or
individually since time immemorial continuously to the present, except when
prevented by war, civil disturbance, force majeure, or other forms of possible
usurpation or displacement by force, deceit, stealth, or as a consequence of
government project or any other voluntary dealings entered into by the government
and private individuals, corporate entities or institutions.

4. Both Parties acknowledge that the right to self-governance of the Bangsamoro
people is rooted on ancestral territoriality exercised originally under the suzerain
authority of their sultanates and the Pat a Pangampong ku Ranaw. The Moro
sultanates were states or karajaan/kadatuan resembling a body politic endowed with
all the elements of nation-state in the modern sense. As a domestic community
distinct from the rest of the national communities, they have a definite historic
homeland. They are the “First Nation” with defined territory and with a system of
government having entered into treaties of amity and commerce with foreign nations.
The Parties concede that the ultimate objective of entrenching the Bangsamoro
homeland as a territorial space is to secure their identity and posterity, to protect
their property rights and resources as well as to establish a system of governance
suitable and acceptable to them as a distinct dominant people.

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5. Both Parties affirm their commitment to mutually respect the right to one’s identity
and the parity of esteem of everyone in the political community. The protection of
civil rights and religious liberties of individuals underlie the basis of peace and justice
of their totality of relationships.

6. Both Parties agree that the Bangsamoro Juridical Entity (BJE) shall have the
authority and jurisdiction over the Ancestral Domain and Ancestral lands, including
both alienable and non-alienable lands encompassed within their homeland and
ancestral territory, as well as the delineation of ancestral domain/lands of the
Bangsamoro people located therein.

7. Vested property rights upon the entrenchment of the BJE shall be recognized and
respected subject to paragraph 9 of the strand on Resources.

TERRITORY

1. The Bangsamoro homeland and historic territory refer to the land mass as well as
the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the
atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic
region. However, delimitations are contained in the agreed Schedules (Categories).

2. Toward this end, the Parties enter into the following stipulations:
a. The GRP and MILF as the Parties to this Agreement commit themselves to the
full and mutual implementation of this framework agreement on territory with the
aim of resolving outstanding issues that emanate from the consensus points on
Ancestral Domain.
b. The Parties confirm their understanding that the mutual goal of reaching an
agreement on Bangsamoro territory specific to mapping the outlying borders and
the boundaries affecting local government units will lead to consolidation of the
agreed texts on the Ancestral Domain Strands.
c. The Parties affirm that the core of the BJE shall constitute the present
geographic area of the ARMM, including the municipalities of Baloi, Munai,
Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that
voted for inclusion in the ARMM during the 2001 plebiscite.
d. Without derogating from the requirements of prior agreements, the Government
stipulates to conduct and deliver, using all possible legal measures, within twelve
(12) months following the signing of the MOA-AD, a plebiscite covering the areas
as enumerated in the list and depicted in the map as Category A attached herein
(the “Annex”). The Annex constitutes an integral part of this framework
agreement. Toward this end, the Parties shall endeavor to complete the

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negotiations and resolve all outstanding issues on the Comprehensive Compact
within fifteen (15) months from the signing of the MOA-AD.
e. The areas covered by Category B are reflected on a map and list attached herein
as agreed to by the Parties. Category B (the “Special Intervention Areas”) refers
to conflict affected areas outside the BJE which shall be the subject of special
socio-economic and cultural affirmative action implemented by the Central
Government pending the conduct of a plebiscite not earlier than twenty-five (25)
years from the signing of the Comprehensive Compact to determine the question
of their accession to the BJE. The areas reflected are subject to further
negotiations by the Parties. The Annex constitutes an integral part of this
framework agreement.
f. Internal Waters:
The BJE shall have jurisdiction over the management, conservation,
development, protection, utilization and disposition of all natural resources, living
and non-living, within its internal waters extending fifteen (15) kilometers from the
coastline of the BJE area.

g. Territorial Waters:
(1) The territorial waters of the BJE shall stretch beyond the BJE internal
waters up to the Republic of the Philippines (RP) baselines south east and
south west of mainland Mindanao. Beyond the fifteen (15) kilometers
internal waters, the Central Government and the BJE shall exercise joint
jurisdiction, authority and management over areas and all natural resources,
living and non-living contained therein. The details of such management of
the Territorial Waters shall be provided in an agreement to be entered into
by the Parties.

(2) The boundaries of the territorial waters shall stretch beyond the 15-km.
BJE internal waters up to the Central Government’s baselines under
existing laws. In the southern and eastern part of the BJE, it shall be
demarcated by a line drawn from the Maguling Point, Palimbang, Province
of Sultan Kudarat up to the straight baselines of the Philippines. On the
northwestern part, it shall be demarcated by a line drawn from Little Sta.
Cruz Island, Zamboanga City, up to Naris Point, Bataraza, Palawan. On the
western part of Palawan, it shall be demarcated by a line drawn from the
boundary of Bataraza and Rizal up to the straight baselines of the
Philippines.
The final demarcation shall be determined by a joint technical body
composed of duly-designated representatives of both Parties, in
coordination with the appropriate Central Government agency in
accordance with the above guidelines.
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h. Sharing of Minerals on Territorial Waters:
Consistent with paragraphs 5 and 6 of the provisions on Resources, all potential
sources of energy, petroleum in situ, hydrocarbon, natural gas and other
minerals, including deposits or fields found within the territorial waters, shall be
shared between the Central Government and the BJE in favor of the latter
through production sharing agreement or economic cooperation agreement.
i. Activities Allowed on Territorial Waters:
(1) The Parties shall have authority to carry out the following activities within
the territorial waters:
(a) Exploration and utilization of the natural resources, whether living or
non-living, within the territorial waters;
(b) Establishment and use of artificial islands, installations and structures;
(c) Marine scientific research;
(d) Protection and the preservation of the marine environment;
(e) Conservation of living resources;
(f) Regulation of shipping and fishing activities;
(g) Enforcement of police and safety measures, including interdiction of
the entry and use of the waters by criminal elements and hot pursuit of
suspected criminal elements;
(h) Regulation and control of contraband and illegal entry of prohibited
materials and substances, including smuggling; and
(i) Such other measures as the Parties may otherwise mutually agree.
(2) Activities relating to exploration and utilization of non-living resources, as
well as paragraphs (c) and (d) of the Authorized Activities will be carried
out on a joint basis agreed by the Parties which may be in the form of
production sharing agreements or joint development pacts.
j. Establishment of a Joint Commission:
(1) The Parties shall establish a Joint Commission, which shall elaborate the
modalities for the implementation and the carrying out of the Authorized
Activities and the measures adopted in cases of allegation of breach, and
carry out any other functions which may be assigned to it by the Parties
for the purpose of implementing the joint management of resources.
(2) The Joint Commission shall consist of one representative from each
Party, who are assisted by advisers as may be needed. The conclusions
of the Joint Commission shall be adopted by consensus and shall only be
recommendatory in nature. Only when the conclusions of the Joint
Commission are adopted by the Parties do they become binding on the
Parties.
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k. Demarcation and Status of Territorial Waters:
The demarcation and status of the BJE territorial waters shall be finally
determined together with the demarcation and final status of Category B territory
of the BJE.
3. From and after entrenchment of compact rights over the Bangsamoro homeland and
the territorial jurisdictions for associative governance shall likewise embrace those
under proclamation for agricultural and human settlements intended for the
Bangsamoro people, all alienable and disposable lands, pasture lands, timberlands
together with all existing civil and military reservations, parks, old growth or natural
forests declared as forest reserves, watersheds, mangroves, fishponds, wetlands,
marshes, inland bodies of water; and all bays, straits and channels found within the
BJE.
4. All territorial and geographic areas in Mindanao and its adjacent islands including
Palawan, and the Sulu archipelago that have been declared recognized, and/or
delineated as ancestral domain and ancestral land of the Bangsamoro people as
their geographic areas, inclusive of settlements and reservations, may be formed or
constituted into political subdivisions of the Bangsamoro territorial jurisdictions
subject to the principles of equality of peoples and mutual respect and to the
protection of civil, political, economic, and cultural rights in their respective
jurisdictions.
5. For purposes of territorial delimitation, the Parties have agreed to the joint
determination of geographic areas encompassed within the territorial borders of the
Bangsamoro homeland and territory based on the technical maps and data
submitted by both sides as provided above.
RESOURCES
1. The BJE is empowered with authority and responsibility for the land use,
development, conservation and disposition of the natural resources within the
homeland. Upon entrenchment of the BJE, the land tenure and use of such
resources and wealth must reinforce their economic self-sufficiency. Among the
purposes or measures to make progress more rapid are:
a. Entry into joint development, utilization, and exploitation of natural resources
designed as commons or shared resources, which is tied up to the full setting of
appropriate institution, particularly affecting strategic minerals;
b. Stimulation of local economy by a range of mechanism, in particular the need to
address unemployment and improvement of living conditions for the population in
the BJE;
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c. Intensification of measures needed to uproot the cause of poverty in the BJE
through responsible harnessing and development of its natural resources; and
d. Undertaking program review of public services, industrial or trade-related and
agrarian-related issues in situations of different sectors of the society in the BJE,
which acquire communal character deriving from the special nature of their
industry.
2. The Bangsamoro People through their appropriate juridical entity shall, among
others, exercise power or authority over the natural resources within its territorial
jurisdiction:
a. To explore, exploit, use or utilize and develop their ancestral domain and
ancestral lands within their territorial jurisdiction, inclusive of their right of
occupation, possession, conservation, and exploitation of all natural resources
found therein;
b. To conserve and protect the human and natural environment for their sustainable
and beneficial enjoyment and their posterity;
c. To utilize, develop, and exploit its natural resources found in their ancestral
domain or enter into a joint development, utilization, and exploitation of natural
resources, specifically on strategic minerals, designed as commons or shared
resources, which is tied up to the final setting of appropriate institution;
d. To revoke or grant forest concessions, timber license, contracts or agreements in
the utilization and exploitation of natural resources designated as commons or
shared resources, mechanisms for economic cooperation with respect to
strategic minerals, falling within the territorial jurisdiction of the BJE;
e. To enact agrarian laws and programs suitable to the special circumstances of the
Bangsamoro people prevailing in their ancestral lands within the established
territorial boundaries of the Bangsamoro homeland and ancestral territory within
the competence of the BJE; and
f. To use such natural resources and wealth to reinforce their economic selfsufficiency.
3. The BJE, and the Central Government agree on wealth-sharing based on a mutually
agreed percentage ratio in favor of the BJE through an economic cooperation
agreement or arrangement over the income and revenues that are derived from the
exploration, exploitation, use and development of any resources for the benefit of the
Bangsamoro people.
4. The BJE is free to enter into any economic cooperation and trade relations with
foreign countries: provided, however, that such relationships and understandings do
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not include aggression against the Government of the Republic of the Philippines;
provided, further that it shall remain the duty and obligation of the Central
Government to take charge of external defense. Without prejudice to the right of the
Bangsamoro juridical entity to enter into agreement and environmental cooperation
with any friendly country affecting its jurisdiction, it shall include:
a. The option to establish and open Bangsamoro trade missions in foreign countries
with which it has economic cooperation agreements; and
b. The elements bearing in mind the mutual benefits derived from Philippine
archipelagic status and security.
And, in furtherance thereto, the Central Government shall take necessary steps to
ensure the BJE’s participation in international meetings and events, e.g. ASEAN
meetings and other specialized agencies of the United Nations. This shall entitle the
BJE’s participation in Philippine official missions and delegations that are engaged in
the negotiation of border agreements or protocols for environmental protection,
equitable sharing of incomes and revenues, in the areas of sea, seabed and inland
seas or bodies of water adjacent to or between islands forming part of the ancestral
domain, in addition to those of fishing rights.
5. Jurisdiction and control over, and the right of exploring for, exploiting, producing and
obtaining all potential sources of energy, petroleum, in situ, fossil fuel, mineral oil
and natural gas, whether onshore or offshore, is vested in the BJE as the party
having control within its territorial jurisdiction, provided that in times of national
emergency, when public interest so requires, the Central Government may, during
the emergency, for a fixed period and under reasonable terms as may be agreed by
both Parties, temporarily assume or direct the operations of such strategic
resources.
6. The BJE take or profit split from total production shall be shared with the Central
Government on a percentage ratio of 75:25 in favor of the BJE. All royalties,
bonuses, taxes, charges, custom duties or imposts on natural resources and mineral
resources shall be shared by the Parties on a percentage ratio of 75:25 in favor of
the BJE.
7. 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.
8. All proclamations, issuances, policies, rules and guidelines declaring old growth or
natural forests and all watersheds within the BJE as forest reserves shall continue to
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remain in force until otherwise modified, revised or superseded by subsequent
policies, rules and regulations issued by the competent authority under the BJE.
9. Forest concessions, timber licenses, contracts or agreements, mining concessions,
Mineral Production and Sharing Agreements (MPSA), Industrial Forest Management
Agreements (IFMA), and other land tenure instruments of any kind or nature
whatsoever granted by the Philippine Government including those issued by the
present ARMM shall continue to operate from the date of formal entrenchment of the
BJE unless otherwise expired, reviewed, modified and/or cancelled by the latter.
10. The Parties recognize an immediate need to establish a five-member BJE
economic-expert mission (the “Mission”) bearing in mind that the functioning of the
economy and the operation of institutions involve financial and other resource
management as well as parallel or complementary means, by which the
Bangsamoro Development Agency (BDA) will manage and administer resources
acquired for the above purposes, especially in coordinating strategies and programs
for cooperation in all fields.
11. The Mission acts as a link in the conduct of BJE’s associative parallel relationships
and shall cooperate fully with all organizations involved in implementation of the
peace settlement. It shall launch a plan and joint international appeal for the
reparation and development of the conflict affected areas in Mindanao. Persons
appointed thereto must be familiar with the specific economic, political and legal
characteristics in the Mindanao-Sulu-Palawan region and must possess recognized
competence, integrity, and high moral standing.
12. Cognizant that the Mission will benefit from international expertise, both the Central
Government and the BJE hereby join the Third Party facilitator in inviting
international funding institutions or equivalent entities for reconstruction and
development to appoint two members and to designate one as the Chairman. The
BJE shall designate one member as Co-Chairman. The remaining two members
shall each be designated by the Central Government and the BJE.

GOVERNANCE
1. The recognition and peaceful resolution of the conflict must involve consultations
with the Bangsamoro people free of any imposition in order to provide chances of
success and open new formulas that permanently respond to the aspirations of the
Bangsamoro people.
2. The ultimate objective of entrenching the Bangsamoro homeland as a territorial
space is to secure their identity and posterity, to protect their property rights and
resources as well as to establish a system of governance suitable and acceptable to
them as a distinct dominant people. The Parties respect the freedom of choice of the
indigenous peoples.

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3. The Parties agree to invite a multinational third - party to observe and monitor the
actual implementation of the comprehensive compact which will embody the details
for the effective enforcement of this Agreement. The participation of the third – party
shall not in any way affect the status of the relationship between the Central
Government and the BJE.
4. The relationship between the Central Government and the BJE shall be associative
characterized by shared authority and responsibility with a structure of governance
based on executive, legislative, judicial and administrative institutions with defined
powers and functions in the Comprehensive Compact. A period of transition shall be
established in a Comprehensive Compact specifying the relationship between the
Central Government and the BJE.

5. In the context of implementing prior and incremental agreements between the GRP
and MILF, it is the joint understanding of the Parties that the term “entrenchment”
means, for the purposes of giving fect to this transitory provision, the creation of a
process of institution building to exercise shared authority over territory and defined
functions of associative character.

6. The modalities for the governance intended to settle the outstanding negotiated
political issues are deferred after the signing of the MOA-AD.
The establishment of institutions for governance in a Comprehensive Compact,
together with its modalities during the transition period, shall be fully entrenched and
established in the basic law of the BJE. The Parties shall faithfully comply with their
commitment to the associative arrangements upon entry into force of the
Comprehensive Compact.

7. The Parties agree that the mechanisms and modalities for the actual implementation
of this MOA-AD shall be spelt out in the Comprehensive Compact to mutually take
such steps to enable it to occur effectively.
Any provisions of the MOA-AD requiring amendments to the existing legal
framework shall come into force upon signing of a Comprehensive Compact and
upon effecting the necessary changes to the legal framework with due regard to non
derogation of prior agreements and within the stipulated timeframe to be contained
in the Comprehensive Compact.

8. The Parties agree that the BJE shall be empowered to build, develop and maintain
its own institutions, inclusive of, civil service, electoral, financial and banking,
education, legislation, legal, economic, and police and internal security force, judicial
system and correctional institutions, necessary for developing a progressive
Bangsamoro society, the details of which shall be discussed in the negotiation of the
Comprehensive Compact.

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9. The Parties further agree to undertake activities which will enhance the capacity of
the government institutions during the transition through technical assistance,
information-sharing and human resource development.
10. Matters concerning the details of the agreed consensus points on Governance not
covered under this Agreement shall be deferred to, and discussed during, the
negotiations of the Comprehensive Compact.

IN WITNESS WHEREOF, the undersigned, being the representatives of the Parties
hereby affix their signatures.

Done this 5th day of August, 2008 in Kuala Lumpur, Malaysia.

FOR THE GRP: FOR THE MILF:
RODOLFO C. GARCIA
Chairman
GRP Peace Negotiating Panel
MOHAGHER IQBAL
Chairman
MILF Peace Negotiating Panel
WITNESSED BY:
DATUK OTHMAN BIN ABD RAZAK
Special Adviser to the Prime Minister
ENDORSED BY:
AMBASSADOR SAYED ELMASRY
Adviser to Organization of the Islamic Conference (OIC) Secretary General
and Special Envoy for Peace Process in Southern Philippines
IN THE PRESENCE OF:
DR. ALBERTO G. ROMULO
Secretary of Foreign Affairs
Republic of the Philippines
DATO’ SERI UTAMA DR. RAIS
BIN YATIM
Minister of Foreign Affairs
Malaysia

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE GRP – MILF TRIPOLI AGREEMENT ON PEACE OF 2001

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE GRP – MILF TRIPOLI AGREEMENT ON PEACE OF 2001

The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) herein referred to as the “Parties” to this Agreement.

Terms of Reference

The context of referents follows:

The Agreement for General Cessation of Hostilities dated July 18, 1997 Between the GRP and the MILF, and its Implementing Administrative and Operational Guidelines;

The General Framework of Agreement of Intent Between the GRP and the MILF dated August 27, 1998;

The Agreement on the General Framework for the Resumption of Peace Talks Between the GRP and the MILF dated March 24, 2001;

The Tripoli Agreement on Peace Between the GRP and the MILF dated June 22, 2001;

The Tripoli Agreement Between the GRP and the Moro National Liberation Front (MNLF) dated December 23, 1976 and the Final Agreement on the Implementation of the 1976 Tripoli Agreement Between the GRP and the MNLF dated September 2, 1996;

Republic Act No. 6734, as amended by R.A. 9054, otherwise known as “An Act to Strengthen and Expand the Autonomous Region in Muslim Mindanao (ARMM)”;

ILO Convention No. 169, in correlation to the UN Declaration on the Rights of the Indigenous Peoples, and Republic Act No. 8371 otherwise known as the Indigenous Peoples Rights Act of 1997, the UN Charter; the UN Universal Declaration on Human Rights, International Humanitarian Law (IHL), and internationally recognized human rights instruments; and

Compact rights entrenchment emanating from the regime of dar-ul-mua’hada (or territory under compact) and dar-ul-sulh (or territory under peace agreement) that partakes the nature of a treaty device. For the purpose of this Agreement, a “treaty” is defined as any solemn agreement in writing that sets out understanding, obligations, and benefits for both parties which provides for a framework that elaborates the principles declared in the Agreement.

Have agreed and acknowledged as follows:

CONCEPTS AND PRINCIPLES

1. It is the birthright of all Moros and all Indigenous peoples of Mindanao to identify themselves and be accepted as “Bangsamoros”. The Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization of its descendants whether mixed or of full blood. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of the Indigenous people shall be respected.

2. It is essential to lay the foundation of the Bangsamoro homeland in order to address the Bangsamoro people’s humanitarian and economic needs as well as their political aspirations. Such territorial jurisdictions and geographic areas being the natural wealth and patrimony represent the social, cultural and political identity and pride of all the Bangsamoro people. Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.

3. Both Parties acknowledge that ancestral domain does not form part of the public domain but encompasses ancestral, communal, and customary lands, maritime, fluvial and alluvial domains as well all natural resources therein that have inured or vested ancestral rights on the basis of native title. Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed, by themselves or through the ancestors of the Bangsamoro people, communally or individually since time immemorial continuously to the present, except when prevented by war, civil disturbance, force majeure, or other forms of possible usurpation or displacement by force, deceit, stealth, or as a consequence of government project or any other voluntary dealings entered into by the government and private individuals, corporate entities or institutions.

4. Both Parties acknowledge that the right to self-governance of the Bangsamoro people is rooted on ancestral territoriality exercised originally under the suzerain authority of their sultanates and the Pat a Pangampong ku Ranaw. The Moro sultanates were states or karajaan/kadatuan resembling a body politic endowed with all the elements of nation-state in the modern sense. As a domestic community distinct from the rest of the national communities, they have a definite historic homeland. They are the “First Nation” with defined territory and with a system of government having entered into treaties of amity and commerce with foreign nations.

The Parties concede that the ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as distinct dominant people.

5. Both Parties affirm their commitment to mutually respect the right to one’s identity and the parity of esteem of everyone in the political community. The protection of civil rights and religious liberties of individuals underlie the basis of peace and justice of their totality of relationships.

6. Both Parties agree that the Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands, including both alienable and non-alienable lands encompassed within their homeland and ancestral history, as well as the delineation of ancestral domain/lands of the Bangsamoro people located therein.

7. Vested property rights upon the entrenchment of the BJE shall be recognized and respected subject to paragraph 9 of the strand on Resources.

TERRITORY

1. The Bangsamoro homeland and historic territory refer to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region. However, delimitations are contained in the agreed Schedules (Categories).

2. Toward this end, the Parties entered into the following stipulations:

a. The Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) as the Parties to this Agreement commit themselves to the full and mutual implementation of this framework agreement on territory with the aim of resolving outstanding issues that emanate from the consensus points on Ancestral Domain.

b. The Parties confirm their understanding that the mutual goal of reaching an agreement on Bangsamoro territory specific to mapping the outlying borders and the boundaries affecting local government units will lead to consolidation of the agreed texts on the Ancestral Domain Strands.

c. The Parties affirm that the core of the BJE shall constitute the present geographic area of the ARMM, including the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite;

d. Without derogating from the requirements of prior agreements, the government stipulates to conduct and deliver, within six (6) months following the signing of the Memorandum of Agreement on Ancestral Domain, a plebiscite covering the areas as enumerated in the list and depicted in the map as Category A attached herein (the “Annex”). The Annex constitutes an integral part of this framework agreement.

e. The areas covered by Category B has already been reflected on a map and officially agreed by both Parties.

f. Internal Waters: The Bangsamoro Juridical Entity (BJE) shall have jurisdiction over the management, conservation, development, protection, utilization and disposition of all natural resources, living and non-living, within its internal waters extending fifteen (15) kilometers from the coastline of the BJE area.

g. Territorial Waters: (1) The territorial waters of the BJE shall stretch beyond the BJE internal waters up to the Republic of the Philippines (RP) baselines south east and south west of mainland Mindanao. Beyond the fifteen (15) kilometers internal waters, the Central Government and the BJE shall exercise joint jurisdiction, authority and management over areas and [of] all natural resources, living and non-living contained therein. The details of such management of the Territorial Waters shall be provided in an agreement to be entered into by the Parties.

(2) The boundaries of the territorial waters shall stretch beyond the 15-km BJE internal waters up to the Central government’s baselines under existing laws. In the southern and eastern part of the BJE, it shall be demarcated by a line drawn from the Maguling Point, Palimbang, Province of Sultan Kudarat up to the straight baselines of the Philippines. On the northwestern part, it shall be demarcated by a line drawn from Little Sta. Cruz Island, Zamboanga City, up to Naris Point, Bataraza, Palawan. On the western part of Palawan, it shall be demarcated by a line drawn from the boundary of Bataraza and Rizal up to the straight baselines of the Philippines.

The final demarcation shall be determined by a joint technical body composed of duly-designated representatives of both Parties, in coordination with the appropriate Central Government agency in accordance with the above guidelines.

h. Sharing of Minerals on Territorial Waters:
Consistent with paragraphs 5 and 6 of the provisions on Resources, all potential sources of energy, petroleum in situ, hydrocarbon, natural gas and other minerals, including deposits or fields found within the territorial waters, shall be shared between the Central Government and the BJE in favor of the latter through production sharing agreement or economic cooperative agreement.

i. Activities Allowed on Territorial Waters:

(1) The Parties shall have authority to carry out the following activities within the territorial waters:

(a) Exploration and utilization of the natural resources, whether living or non-living within the territorial waters;

(b) Establishments and use of artificial islands, installations and structures;

(c) Marine scientific research;

(d) Protection and the preservation of the marine environment;

(e) Conservation of living resources;

(f) Regulation of shipping and fishing activities;

(g) Enforcement of police and safety measures, including interdiction of the entry and use of the waters by criminal elements and hot pursuit of suspected criminal elements;

(h) Regulation and control of contraband and illegal entry of prohibited materials and substances, including smuggling; and

(i) Such other measures as the Parties may otherwise mutually agree.

(2) Activities relating to exploration and utilization of non-living resources, as well as paragraphs (c) and (d) of the Authorized Activities will be carried out on a joint basis agreed by the Parties which may be in the form of production sharing agreements or joint development pacts.

j. Establishment of a Joint Commission:

(1) The Parties shall establish a Joint Commission, which shall elaborate the modalities for the implementation and the carrying out of the Authorized Activities and the measures adopted in cases of allegation of breach, and carry out any other functions which may be assigned to it by the Parties for the purpose of implementing the joint management of resources.

(2) The Joint Commission shall consist of one representative from each Party, who are assisted by advisers as may be needed. The conclusions of the Joint Commission shall be adopted by consensus and shall only be recommendatory in nature. Only when the conclusions of the Joint Commission are adopted by the Parties do they become binding on the Parties.

k. Demarcation and Status of Territorial Waters:

The demarcation and status of the BJE territorial waters shall be finally determined together with the demarcation and final status of Category B of the BJE.

3. From and after entrenchment of compact rights over the Bangsamoro homeland and the territorial jurisdictions for associative governance shall likewise embrace those under proclamation for agricultural and human settlements intended for the Bangsamoro people, all alienable and disposable land, pasture lands, timberlands together with all existing civil and military reservations, parks, old growth or natural forests declared as forest reserves, watersheds, mangroves, fishponds, wetlands, marshes, inland bodies of water and all bays, straits and channels found within the BJE.

4. All territorial and geographic areas in Mindanao and its adjacent islands including Palawan, and the Sulu archipelago that have been recognized, and/or delineated as ancestral domain and ancestral land of the Bangsamoro people as their geographic areas, inclusive of settlements and reservations, may be formed or constituted into political subdivisions of the Bangsamoro territorial jurisdictions subject to the principles of equality of peoples and mutual respect and to the protection of civil, political, economic, and cultural rights in their respective jurisdictions.

5. For purposes of territorial delimitation, the Parties have agreed to the joint determination of geographic areas encompassed within the territorial borders of the Bangsamoro homeland and territory based on the technical maps and data submitted by both sides as provided above.

RESOURCES

1. The Bangsamoro juridical entity is empowered with authority and responsibility for the land use, development, conservation and disposition of the natural resources within the homeland. Upon entrenchment of the Bangsamoro juridical entity, the land tenure and use of such resources and wealth must reinforce their economic self-sufficiency. Among the purposes or measures to make progress more rapid are:

a. Entry into joint development, utilization, and exploitation of natural resources designed as commons or shared resources, which is tied up to the full setting of appropriate institution, particularly affecting strategic minerals.

b. Stimulation of local economy by a range of mechanism, in particular the need to address unemployment and improvement of living conditions for the population in the Bangsamoro juridical entity;

c. Intensification of measures needed to uproot the cause of poverty in the Bangsamoro juridical entity through responsible harnessing and development of its natural resources; and

d. Undertaking program review of public services, industrial or trade-related and agrarian-related issues in situations of different sectors of the society in the Bangsamoro juridical entity, which acquire communal character deriving from the special nature of their industry.

2. The Bangsamoro People through their appropriate juridical entity shall, among others, exercise power or authority over the natural resources within its territorial jurisdiction:

a. To explore, exploit, use or utilize and develop their ancestral domain and ancestral lands within their territorial jurisdiction, inclusive of their right of occupation, possession, conservation, and exploitation of all natural resources found therein;
b. To conserve and protect the human and natural environment for their sustainable and beneficial enjoyment and their posterity;

c. To utilize, develop, and exploit its natural resources found in their ancestral domain or may enter into a joint development, utilization, and exploitation of natural resources, specifically on strategic minerals, designed as commons or shared resources, which is tied up to the final setting of appropriate institution.

d. To revoke or grant forest concessions, timber license, contracts or agreements in the utilization and exploitation of natural resources designated as commons or shared resources, mechanisms for economic cooperation with respect to strategic minerals, falling within the territorial jurisdiction of the Bangsamoro juridical entity;

e. To enact agrarian laws and programs suitable to the special circumstances of the Bangsamoro people prevailing in their ancestral lands within the established territorial boundaries of the Bangsamoro homeland and ancestral territory is within the competence of the Bangsamoro juridical entity; and

f. To use such natural resources and wealth to reinforce their economic self-sufficiency.

3. The Bangsamoro Juridical Entity, and the Central Government agree on wealth-sharing based on a mutually agreed percentage ratio in favor of the Bangsamoro juridical entity through an economic cooperation agreement or arrangement over the income and revenues that are derived from the exploration, exploitation, use and development of any resources for the benefit of the Bangsamoro people.

4. The Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries: provided, however, that such relationships and understandings do not include aggression against the Government of the Republic of the Philippines; provided, further that it shall remain the duty and obligation of the Central Government to take charge of external defense. Without prejudice to the right of the Bangsamoro juridical entity to enter into agreement and environmental cooperation with any friendly country affecting its jurisdiction, it shall include:

a. the option to establish and open Bangsamoro trade missions in foreign countries with which it has economic cooperation agreements; and

b. the elements bearing in mind the mutual benefits derived from Philippine archipelagic status and security.

And, in furtherance thereto, the Central Government shall take necessary steps to ensure the Bangsamoro juridical entity’s participation in international meetings and events, e.g. ASEAN meetings and other specialized agencies of the United Nations. This shall entitle the said juridical entity participation in Philippine official missions and delegations that are engaged in the negotiation of border agreements or protocols for environmental protection, equitable sharing of incomes and revenues, in the areas of sea, seabed and inland seas or bodies of water adjacent to or between islands forming part of the ancestral domain, in addition to those of fishing rights.

5. Jurisdiction and control over, and the right of exploring for, exploiting, producing and obtaining all potential sources of energy, petroleum, in situ, fossil fuel, mineral oil and natural gas, whether onshore or offshore, is vested in the Bangsamoro juridical entity as the party having control within its territorial jurisdiction, provided that in times of national emergency, when public interest so requires, the Central Government may, during the emergency, for a fixed period and under reasonable terms as may be agreed by both Parties, temporarily assume or direct the operations of such strategic resources.

6. The Bangsamoro government-take or profit split from total production shall be shared with the Central Government on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity. All royalties, bonuses, taxes, charges, custom duties or imposts on natural resources and mineral resources shall be shared by the Parties on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity.

7. The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and propriety rights, customary land tenures, or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the GRP shall take effective measures of adequate reparation collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.

8. All proclamations, issuances, policies, rules and guidelines declaring old growth or natural forests and all watersheds within the BJE 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 Bangsamoro authority or juridical entity.

9. Forest concessions, timber licenses, contracts or agreements, mining concessions, Mineral Production and Sharing Agreements (MPSA), Industrial Forest Management Agreements (IFMA), and other land tenure instruments of any kind or nature whatsoever granted by the Philippine Government including those issued by the present 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.

10. The Parties recognized an immediate need to establish a five-member Bangsamoro economic-expert mission (the “Mission”) bearing in mind that the functioning of the economy and the operation of institutions involve financial and other resource management as well as parallel or complementary means, by which the Bangsamoro Development Agency will manage and administer resources acquired for the above purposes, especially in coordinating strategies and programs for cooperation in all fields.

11. The said Mission acts as a link in the conduct of Bangsamoro juridical entity’s associative parallel relationships and shall cooperate fully with all organizations involved in implementation of the peace settlement. It shall launch a plan and joint international appeal for the repatriation and development of the conflict affected areas in Mindanao. Persons appointed thereto must be familiar with the specific economic, political and legal characteristics in the Mindanao-Sulu-Palawan region and must possess recognized competence, integrity, and high moral standing.

12. Cognizant that the Bangsamoro economic-expert Mission will benefit from international expertise, both the Central Government and the BJE hereby join the Third Party facilitator in inviting international funding institutions or equivalent entities for reconstruction and development to appoint two members and to designate one as the Chairman. The BJE shall designate one member as Co-Chairman. The remaining two members shall each be designated by the Central Government and the BJE.

GOVERNANCE

1. The recognition and peaceful resolution of the conflict must involve consultations with the Bangsamoro people free of any imposition in order to provide chances of success and open new formulas that permanently respond to the aspirations of the Bangsamoro people.

1. The ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as a distinct dominant people. The parties respect the freedom of choice of the indigenous peoples.

3. The Parties agree to invite a multinational third-party to observe and monitor the actual implementation of the comprehensive compact which will embody the details for the effective enforcement of this Agreement. The participation of the third-party shall not in any way affect the status of the relationship between the Central Government and the BJE.

4. The relationship between the Central Government and the Bangsamoro juridical entity shall be associative characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the comprehensive compact. A period of transition shall be established in a comprehensive peace compact specifying the relationship between the Central Government and the BJE.

5. The modalities for the governance intended to settle the outstanding negotiated political issues are deferred after the signing of the Memorandum of Agreement on Ancestral Domain.

The establishment of institutions for governance in a comprehensive peace compact, together with its modalities during the transition period, shall be fully entrenched and established in the basic law of the Bangsamoro juridical entity. The Parties shall faithfully comply with their commitment to the associative arrangements upon entry into force of a comprehensive compact between the MILF and GRP.

7. The Parties agree that the mechanisms and modalities for the actual implementation of this MOA AD shall be spelt out in the comprehensive compact to mutually take such steps to enable it to occur effectively.

Any provisions of the MOA on Ancestral Domain requiring amendments to the existing legal framework shall come into force upon signing of a comprehensive compact and upon effecting the necessary changes to the legal framework with due regard to non derogation of prior agreements and within the stipulated timeframe to be contained in the comprehensive compact.

8. The parties agree that the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of, civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions, necessary for developing a progressive Bangsamoro society the details of which shall be discussed in the negotiation of the comprehensive compact.

9. The Parties further agree to undertake activities which will enhance the capacity of the government institutions during the transition through technical assistance, information-sharing and human resource development.

10. Matters concerning the details of the agreed consensus points on Governance not covered under this Agreement shall be deferred to, and discussed during, the negotiations of the comprehensive compact.

Negotiating beyond the Constitution, not unconstitutional - Atty. Soliman M. Santos, Jr

Negotiating beyond the Constitution, not unconstitutional - Atty. Soliman M. Santos, Jr