Getting to Peace

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GETTING TO PEACEGPH-MILF PEACE NEGOTIATIONS

Opening Statements, 20112014

GPH Panel SecretariatEditor


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Getting to Peace: GPH-MILF Peace Negotiations

Opening Statements, 20112014

Copyright Ofce of the Presidential Adviser on the Peace Process, 2015.

Published and exclusively distributed by theOfce of the Presidential Adviser on the Peace Process

Agustin 1 Bldg.F. Ortigas Jr. Rd., Ortigas CenterPasig City, Philippines

Telephones: (+632) 636-0701 to 06Fax: (+632) 638-2216

Website: www.opapp.gov.ph


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v

Contents

xi Message by PAPP Secretary Teresita Quintos-Deles

xiii Message by MILF Chair Al Haj Murad Ebrahim

xvii Foreword by Director Iona Gracia D. Jalijali

xix List of Acronyms

xxiii List of Sidenotes

PART I1 Opening Statements of the GPH and MILF Panel Chairs3 20th Formal Exploratory Talks (910 February 2011)

5 GPH Panel Chair Leonen10 MILF Panel Chair Iqbal13 21st Formal Exploratory Talks (2728 April 2011)

15 GPH Panel Chair Leonen20 MILF Panel Chair Iqbal25 22nd Formal Exploratory Talks (2223 August 2011)

27 GPH Panel Chair Leonen32 MILF Panel Chair Iqbal37 23rd Formal Exploratory Talks (57 December 2011)

39 GPH Panel Chair Leonen

43 MILF Panel Chair Iqbal


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47 24th Formal Exploratory Talks (911 January 2012)

49 GPH Panel Chair Leonen52 MILF Panel Chair Iqbal57 25th Formal Exploratory Talks (1315 February 2012)

59 GPH Panel Chair Leonen63 MILF Panel Chair Iqbal67 26th Formal Exploratory Talks (1921 March 2012)

69 GPH Panel Chair Leonen73 MILF Panel Chair Iqbal77 27th Formal Exploratory Talks (24 April 2012)

79 GPH Panel Chair Leonen85 MILF Panel Chair Iqbal93 28th Formal Exploratory Talks (2830 May 2012)

95 GPH Panel Chair Leonen

100 MILF Panel Chair Iqbal103 29th Formal Exploratory Talks (1618 July 2012)

105 GPH Panel Chair Leonen108 MILF Panel Chair Iqbal113 30th Formal Exploratory Talks (711 August 2012)

115 GPH Panel Chair Leonen118 MILF Panel Chair Iqbal121 31st Formal Exploratory Talks (58 September 2012)123 GPH Panel Chair Leonen126 MILF Panel Chair Iqbal129 32nd Formal Exploratory Talks (27 October 2012)

131 GPH Panel Chair Leonen134 MILF Panel Chair Iqbal137 33rd Formal Exploratory Talks (1217 November 2012)

139 GPH Panel Chair Leonen141 MILF Panel Chair Iqbal


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Contents vii

143 34th Formal Exploratory Talks (1215 December 2012)

145 GPH Panel Chair Coronel Ferrer151 MILF Panel Chair Iqbal155 35th Formal Exploratory Talks (2125 January 2013)

157 GPH Panel Chair Coronel Ferrer160 MILF Panel Chair Iqbal163 36th Formal Exploratory Talks (2527 February 2013)

165 GPH Panel Chair Coronel Ferrer169 MILF Panel Chair Iqbal173 37th Formal Exploratory Talks (811 April 2013)

175 GPH Panel Chair Coronel Ferrer177 MILF Panel Chair Iqbal181 38th Formal Exploratory Talks (813 July 2013)

183 GPH Panel Chair Coronel Ferrer

187 MILF Panel Chair Iqbal193 39th Formal Exploratory Talks (2225 August 2013)

195 GPH Panel Chair Coronel Ferrer199 MILF Panel Chair Iqbal203 40th Formal Exploratory Talks (1020 September 2013)

205 GPH Panel Chair Coronel Ferrer211 MILF Panel Chair Iqbal215 41st Formal Exploratory Talks (813 October 2013)217 GPH Panel Chair Coronel Ferrer222 MILF Panel Chair Iqbal227 42nd Formal Exploratory Talks (48 December 2013)

229 GPH Panel Chair Coronel Ferrer235 MILF Panel Chair Iqbal239 43rd Formal Exploratory Talks (2226 January 2014)

241 GPH Panel Chair Coronel Ferrer246 MILF Panel Chair Iqbal


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viii GETTING TO PEACE

PART II249 Other Statements in the GPH-MILF Peace Process

251 GPH Panel Chair Dean Marvic Leonen on the Facilitationand Other MILF Issues (3 January 2011)

252 GPH Panel Chair Dean Marvic Leonen on the Informal Talks with the MILF (13 January 2011)

253 GPH Panel Chair Dean Marvic Leonen in Relation toReported Split in MILF Ranks (6 February 2011)

254 GPH Panel Chair Dean Marvic Leonen Regarding theUpcoming MILF Public Consultations (4 March 2011)

255 GPH Panel Chair Dean Marvic Leonen on the Rescue of theKidnapped Filipino-Chinese Trader in Maguindanao(24 May 2011)

257 GPH Panel Chair Dean Marvic Leonen on the Meeting ofPresident Benigno S. Aquino III and MILF Chair Al HajMurad Ibrahim in Japan (5 August 2011)

259 GPH Panel Chair Dean Marvic Leonen on the Issue ofPopularity vs. Peace (15 August 2011)

260 GPH Panel Chair Dean Marvic Leonen on the Filing of aProtest on the Basilan Incident from the WESMINCOM(20 October 2011)

262 Christmas Message of GPH Panel Chair Prof. Miriam Coronel

Ferrer (24 December 2012)263 New Years Message of GPH Panel Chair Prof. Miriam

Coronel Ferrer (1 January 2013)265 GPH Panel Chair Prof. Miriam Coronel Ferrer on the

Appointment of Members of the Bangsamoro TransitionCommission (25 February 2013)

267 Ceremonial Opening of the Bangsamoro TransitionCommission (3 April 2013)

269 Opening Statement of MILF Panel Chair and BTC ChairMohagher Iqbal


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Contents ix

274 Closing Remarks of GPH Panel Chair Prof. Miriam CoronelFerrer

277 GPH Panel Chair Prof. Miriam Coronel Ferrer on theProtested Arrest of Four Alleged MILF Members(13 June 2013)

279 GPH Panel Chair Prof. Miriam Coronel Ferrer on the RecentBombing Incidents in Mindanao (6 August 2013)

280 Joint Press Statement of the GPH and MILF Peace Panels on

the Violence in Zamboanga City (10 September 2013)281 GPH Panel Chair Prof. Miriam Coronel Ferrer on theZamboanga Crisis (19 September 2013)

284 Comments by GPH Panel Chair Prof. Miriam Coronel Ferreron the SWS June 2013 Survey on the GPH-MILF Talks(1 October 2013)

286 Message of GPH Panel Chair Prof. Miriam Coronel Ferreron the Observance ofEidl Adha(15 October 2013)

287 GPH Peace Negotiating Panel on the Death of Sultan JamalulKiram III (22 October 2013)

288 Joint Solidarity Statement of the GPH and MILF PeaceNegotiating Panels on the Aftermath of Typhoon Yolanda(16 November 2013)

289 End-of-Year Statement of the GPH Peace Negotiating Panel(24 December 2013)

291 GPH Peace Negotiating Panel on the Appointment ofCotabato Archbishop Orlando B. Quevedo as Cardinalby Pope Francis (15 January 2014)

292 GPH Panel Chair Prof. Miriam Coronel Ferrer on theOngoing Military Operations against the BIFF(30 January 2014)

294 GPH Panel Chair Prof. Miriam Coronel Ferrer on the Releaseof MILF Commander Wahid Tundok (26 February2014)

295 GPH Panel Chair Prof. Miriam Coronel Ferrer at the PressBrieng in Malacaan (25 March 2014)


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299 GPH Panel Chair Prof. Miriam Coronel Ferrer on the PressRelease of Senator Miriam Defensor-Santiago on theComprehensive Agreement on the Bangsamoro (2 April2014)

300 GPH Panel Chair Prof. Miriam Coronel Ferrer, Easter PressRelease (19 April 2014)

303 Timeline of the GPH -MIL F Peace Process

313 Photo Gallery339 Appendices

341 List of GPH Panel Members345 MILF Panel Members347 List of GPH Technical Working Group Members349 List of MILF Technical Working Group Members

351 List of GPH Panel Secretariat Members353 List of MILF Panel Secretariat Members354 List of International Contact Group Members357 List of Malaysian Facilitators

359 Index


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xi

Message

Secretary Teresita Quintos-DelesPresidential Adviser on the Peace Process

W hen faced with war, according to philosopher Albert Camus, the onlyhonorable choice is to gamble everything on the belief that, in the end, words will prove stronger than bullets.

This gamble best denes what this book is and what it stands for. Thiscollection of speechesof wordsis enduring proof and reminder of how we,

as a nation, made this gamble based on our faith in the power of words anddialogue over bullets and war. This volume is a tribute to the women and men,tireless in their leadership in the pursuit of peace, who have proven that wehave gambled correctly, and that our faith has not been misplaced. You will ndsome of them in the pages of this volume, and this is a monument, howeversmall, to their efforts. We cannot thank them enough for their leadership insuch difcult times, but make no mistake: this book is not just their story.

Instead, this is the story of the countless women and men who are equally

tireless in their pursuit of peace but remain faceless and unsungthough noless important. They are the ordinary Filipinos who understand that peace isa collective responsibility. They are the ordinary Filipinos who care enough forthe peace process to let it prosper and thrive even in the face of great doubtand seeming impossibility. They are the ordinary Filipinos who are willingto work and to sacrice in the name of peace and who now stand to share inreaping its rewards.

They may be unsung, but this is their story. This is their triumph. This

is their monument.These speeches, these words, capture theirourcollective aspirationfor peace. These speeches are not just markers of the many milestones in our


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xii GETTING TO PEACE

peace process; more than that, these words serve as a reminder that, once, the

Filipino nally had the courage to say: no more war.More than that, these words show everything that is beautiful, everything

that is admirable, everything that is noble in the Filipino.More than that, these words showcase the triumph of the Filipino spiritof

the human spiritover division, over conict, over war. And this volume is thestory, the triumph, the monument to the millions of Filipinos who embodythis spirit and constitute living and breathing proof that, indeed, words areinnitely stronger than bullets.


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xiii

Message

Chair Al Haj Murad EbrahimMoro Islamic Liberation Front

It is not unbeknownst to many that I joined the late Amirul MujahideenUstadz Salamat Hashim, may Allah Subhanahu wa Taalaaccept his sacrices when he established the Moro Islamic Liberation Front (MILF) in 1981. Fortwenty-four years, I served as MILF Vice Chairman for Military Affairs andMilitary Chief of the Bangsamoro Islamic Armed Forces (BIAF) until theuntimely demise of our great founder and leader in 2003.

For more than two years, from 2001 to 2003, I headed the MILF PeaceNegotiating Panel as we engaged with the Government of the Philippines(GPH) towards the road to peace and development for our BangsamoroHomeland.

The more than seventeen years of negotiation that led the parties toforge an acceptable political settlement transformed the way we deal withissues and concerns that are tremendously affecting every aspect of the lives

of the Bangsamoro people. Ironically, it took seventeen years for the nation toacknowledge that the Bangsamoro is living in an environment of inequality.Now, most are aware of this tremendous injustice that exists within the countryand our societies, an inequality brought about by a dominance system ofrelationships among those involved.

Within the short span of time from when the Framework Agreementon the Bangsamoro (FAB) was forged in Malacaang on October 15, 2012,and on March 27 , 2014, the Comprehensive Agreement on the Bangsamoro

(CAB) was also signed in Malacaang, concluding the formal negotiationbetween the GPH and MILF, we have managed to get the needed traction tospeed up the implementation of the parties joint initiatives. Against allodds, we stood by


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Message xv

Again, my grandest commendation and appreciation go out to the people

behind this great initiative. It is, indeed, an honor to be able to contributeanother chunk of my thoughts by sharing this short message as a prelude tothis special compilation.

It is my fervent hope that this collection will provide someinstructive andemotive power of experiencing the real state of the Bangsamoro.

Finally, I encourage you to read, learn from, and share your ideas aboutthis book to others. Thank you and Wassalam.


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xvii

Foreword

Iona D. JalijaliHead, GPH Peace Panel Secretariat

W ords are the building blocks of the work we do in the peace process. Theyare the tools of the trade. With words, we trade positions, formulateagreements, and compel commitment. The language of peace is dened by the

words we ink; its nal form, a reection of the words we choose.On March 2, 2014, the world celebrated as it witnessed the signing of the

Comprehensive Agreement on the Bangsamoro. The agreement was hailedas the most significant peace agreement in the world since theComprehensive Peace Accord between the Government of Nepal and theUnified Communist Party of Nepal in 2006.1 Indeed, it is a historicachievementthe culmination of nineteen years of complex and difficultnegotiations. Mere words, one might say, but words that somehow havegiven the Bangsamoro and the rest of the Filipino people hope for restoringpeace and building prosperity in Mindanao.This achievement was by no means reached easily. The negotiations went

through many ups and downs, but were sustained by a shared commitment tond a political and peaceful solution to the armed conict in Mindanao. hisshared commitment was particularly evident during the Aquino administration.How this commitment was built is a story that should be told.

It is thus in this spirit that the opening statements of the chairpersons ofthe peace panels are collated and presented. With these words, we hope toprovide a deeper understanding of the process and dispel some of the enigma

which seems to shroud the peace talks.

1 Kristian Herbolzheimer, Peace in Times of War , accessed at http://www.hufngtonpost.co.uk/kristian-herbolzheimer/peace-in-times-of-war_b_4678938.html on January 28, 2014.


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These statements, these words, give the reader a glimpse into the parties

respective points of view coming into each round of talks. They provide anarrative that describes the developments in the negotiations in a contextualizedand nuanced manner. They set the tone for each meeting and expose howmindful the negotiators were of actual developments on the ground and thedemands made by stakeholders.

These words tell the story of how the condence was built between thetwo parties turning them from opponents to partners. They will show howtrust became our currency, the thing that made things possible, and how the

power of the possible cannot be underestimated in principled negotiation wheresolutions and compromises are not always readily available.

This compilation was prepared by the GPH Peace Panel Secretariat in thehope of capturing the dedication of both panels and their respective supportstaff towards nding those solutions and compromises to the BangsamoroQuestion. Through this volume, we tell the story of how we got to Yes,despite the many Nos and Maybes along the way, in the hope that this willhelp us nd our way through the many challenges that we continue to face.

By no means are we done with the work, but with these words, may webe offered a chance to look back and reect on the challenges overcome in theprocess, and be inspired to carry on.

Acknowledgments

Special thanks go out to Ms. Farrah Grace Naparan, Mr. Mark SherwinBayanito, and Ms. Leila Halud and the staff of the GPH Panel Secretariatfor their work on completing the manuscript for this book. We also thankour counterparts in the MILF Peace Panel Secretariat, in particular Mr. JunMantawil and Engr. Mohajirin Ali for their inputs. Cover design was doneby Joser Dumbrique and Daryl Lasala, with inputs of Hubert Fucio. Unlessotherwise indicated, photos were taken from the archives of the GPH PanelSecretariat and the OPAPP Communications Team. Lastly, we thank DFAT-

Australia which provided funding support for its printing and publication.


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xix

List of Acronyms

AFP Armed Forces of the Philippines AHJAG Ad Hoc Joint Action Group APEC Asia-Pacic Economic Cooperation ARMM Autonomous Region in Muslim MindanaoBBL Bangsamoro Basic Law BIAF Bangsamoro Islamic Armed ForcesBIFF Bangsamoro Islamic Freedom Fighters

BIFM Bangsamoro Islamic Freedom MovementBLMI Bangsamoro Leadership and Management InstituteBTA Bangsamoro Transition Authority BTC Bangsamoro Transition CommissionCAB Comprehensive Agreement on the BangsamoroCCCH Coordinating Committee on the Cessation of HostilitiesCHD Centre for Humanitarian DialogueCNI Commission on National IntegrationCR Conciliation ResourcesCSCE Conference on Security and Co-operation in EuropeCSO Civil society organizationDENR Department of Environment and Natural ResourcesDILG Department of Interior and Local Government

DOJ Department of JusticeEDSA Epifanio delos Santos Avenue


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List of Acronyms xxi

MPC Mindanao Peoples Caucus

MSU Mindanao State University NCMF National Commission on Muslim FilipinosNEDA National Economic and Development Authority NGO Nongovernmental organizationNPE New political entity OIC Organisation of Islamic Cooperat ion (formerly

Organisation of the Islamic Conference)OIC-PCSP Organisation of Islamic CooperationPeace Committee

in Southern PhilippinesOPAPP Ofce of the Presidential Adviser on the Peace ProcessPCBL Philippine Campaign to Ban LandminesPNP Philippine National PoliceSMS Short message service

SPCPD Southern Philippines Council for Peace and DevelopmentSWAG Special Warfare Group (of the Philippine Navy)SWS Social Weather StationsTAM Transitional Arrangements and ModalitiesTPMT Third Party Monitoring TeamTOR Terms of ReferenceTWG Technical Working GroupUK United KingdomUN ECOSOC United Nations Economic and Social CouncilUP University of the Philippines


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List of Sidenotes

6 Resumption of Formal Exploratory Talks7 Memorandum of Instructions to the Newly Formed GPH Peace Panel8 Declaration of Continuity for GRP-MILF Peace Negotiations8 Mandate and Composition of the International Monitoring Team

(IMT)9 Mandate of the Ad Hoc Joint Action Group (AHJAG)11 Resignation of Commander Ameril Umbra Kato from MILF

11 Mandate and Composition of the International Contact Group (ICG)19 Bangsamoro Islamic Freedom Fighters (BIFF) and Bangsamoro Islamic

Armed Forces (BIAF)28 Meeting of President Benigno S. Aquino III and MILF Chair Al Haj

Murad Ebrahim on 4 August 2011 in Japan29 Inauguration of the Bangsamoro Leadership and Management

Institute (BLMI)

30 Denition of Rido31 GPH 3-for-1 Proposal35 MILF rejection of the GPH 3-for-1 proposal40 Al-Barka Incident of 18 October 201144 Fireght in Payao on 15 October 201150 Mayor Ramon Piang Sr., Dr. Hamid Barra, and Usec. Yasmin Busran-

Lao in the GPH Panel

54 11-point Basic Issues and Concerns


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60 Republic Act No. 10153, ARMM Reg. Gov. Mujiv Hataman, and

the Transition Investment Support Plan (TISP)65 Implementing Guidelines of the Joint Communiqu of 6 May 200280 TAF-SWS Survey on 36 November 201186 Organisation of Islamic Cooperation (OIC)86 Military Incursions in the Spratlys Islands in 201191 April 2012 Decision Points on Principles96 Death of Aleem Abdul Aziz Mimbantas101 Seven-Year Transition Period in the Revised Comprehensive Compact

submitted by the MILF106 Bangsamoro Peoples Assembly on 69 July 2012116 Coordinating Committee on the Cessation of Hostilities (CCCH)119 Talks during Ramadan120 Formation of Technical Working Groups (TWGs)

124 Death of DILG Sec. Jesse Robredo132 Signing of the Framework Agreement on the Bangsamoro (FAB)135 Bangsamoro Islamic Freedom Fighters (BIFF) and its Heightened

Presence and Activities142 Prof. Miriam Coronel Ferrer as First Woman Chief Negotiator in

GPH-MILF Peace Talks147 Membership of NCMF Sec. Mehol Sadain to the GPH Panel

152 Executive Order No. 120 and the Establishment of the BangsamoroTransition Commission

166 Launch of Sajahatra Bangsamoro on 11 February 2013167 Appointment of Members to the Bangsamoro Transition Commission

(BTC)168 Signing of the Terms of Reference (TOR) for the Independent

Commission on Policing (ICP) and Annex on Transitional

Arrangements and Modalities (TAM)171 Sabah Standoff of February 2013176 Signing of the Terms of Reference (TOR) for Sajahatra Bangsamoro


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179 Signing of the Guidelines for Mutual Understanding for Ceasere-

Related Functions for the May 2013 elections184 First Organizational Meeting of the Third Party Monitoring Team

(TPMT)185 The Foundation for Human Rights and Freedom and Humanitarian

Relief 188 2013 Oslo Forum190 Signing of the Annex on Revenue Generation and Wealth Sharing

196 Nomination of Dr. Steven Rood to the TPMT and Membership ofthe Community of SantEgidio to the ICG

200 Meeting of TWGs on Power Sharing and Normalization prior to the39th Formal Exploratory Talks

206 Zamboanga Siege of September 2013209 Mandate and Composition of the Independent Commission on

Policing (ICP)

230 Sec. Teresita Quintos-Deles, Sec. Edwin Lacierda, and ARMM Reg.Gov. Mujiv Hataman in the GPH Delegation during the 42nd FormalExploratory Talks

232 Wilton Park Conference on 2527 November 2013237 Launch and Functions of the Facility for Advisory Support to

Transition Capacities (FASTRAC)238 Signing of the Annex on Power Sharing

242 Members of the MILF Central Committee attend the 43rd FormalExploratory Talks

243 Legislators and Other Observers in the 43rd Formal Exploratory Talks247 Signing of the Annex on Normalization and the Addendum on

Bangsamoro Waters and Zones of Joint Cooperation248 43rd Formal Exploratory Talks as the Session Most-Covered by Media 270 Ceremonial Opening of the Bangsamoro Transition Commission

(BTC) on 3 April 2013276 Fifteen Members of the Bangsamoro Transition Commission (BTC)293 Operation Darkhorse in JanuaryFebruary 2014


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Part I

Opening Statementsof the GPH and MILF Peace Panel Chairs


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20thGPH-MILF Formal Exploratory Talks

910 February 2011


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Previous page:GPH Panel Chair Dean Marvic Leonen (left) and MILF Panel Chair Mohagher Iqbal (right) signed the joint statement at the conclusion of the GPH-MILF peace talks resumption, as witnessed by MalaysianFacilitator Datuk Othman bin Abd Razak (center). The 20th Formal Exploratory Talks, held in KualaLumpur, Malaysia, began on 9 February 2011 and ended on 10 February 2011.


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Opening Statement ofGPH Panel Chair Dean Marvic LeonenWednesday, 9 February 2011

Esteemed colleagues from the Moro Islamic Liberation Front led by theChair of its Peace Panel the Honorable Mohagher Iqbal, Honorable DatukOthman bin Abdul Razak, members of the International Contact Group, fellowcolleagues committed to a just and lasting peace.

I bring warm greetings of peace from His Excellency Benigno Simeon Aquino III and his entire cabinet.

It is indeed an honor to be where we are right now: at a conjuncture wheretogether we can dene how social and historical injustice can be addressed anddenitively bring comprehensive and lasting peace in our lands. Any otheralternative is less acceptable. All of us present today know that we do not wantto waste our collective efforts and bury them in the banality of yet anotherset of talks that only aspire for peace and nothing else. We come to work withyou to bring just peace, not simply aspire for it.

We negotiate for just peace because we know that it is possible from where we stand. We negotiate for peace because we know that we mutuallyhave more serious enemies to face: poverty in an era of potential prosperity,powerlessness in an age where only mutual cooperation can help us hurdleecological challenges of potentially catastrophic proportions, ignorance in themidst of tremendous intellectual and technological possibilities.

For these reasons, and on behalf of our principals we are resuming talks with the Moro Islamic Liberation Front. To us, this is the twentieth formalexploratory meeting of the parties. We stand by the state of the currentagreements with the text qualied by the interpretations made in formalremarks made by chairs of the various government panels. We also state for therecord that the GPH panel is just a change of nomenclature. GRP and GPHare one and the same. But this GPH is now under a new administration betterenlightened by our evaluation of the past. How this new administration deals

with the peace process will be evident as we proceed. But just so it is clear, wehave no intention to derogate past signed agreements.


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I am honored to be in the company of a very competent

panel of negotiators. Professor Miriam Coronel Ferrer, acolleague at the University of the Philippines, is known to younot only through her writings but also in her commitmentto issues relevant to our mission. Former Secretary SenenBacani has served honorably as part of the cabinet and has alsoproven himself as both organizer and entrepreneur working

with various peoples in Mindanao. Vice-Mayor Ramon Piangis not only Teduray; he is a leader among local government

ofcials in Mindanao.None of us have any national political ambitions. None

of us want to prolong our duties. All of us want to do simply what is right. We believe we were chosen by President Aquinoprecisely because of these and much more.

Our panel benets from advice of an esteemed consultantto our panel, Dr. Hamid Barra. Dr. Barra has served withthe ARMM, became intimately engaged in its problems. He

is Maranao and a well-respected scholar in Islamic Law and Jurisprudence.

Johaira Wahab leads our standing legal team. She isMaguindanaon, lived her youth in Cotabato City, andnished her law degree at the University of the Philippines.She remains involved in many Muslim womens issues. Thislegal team includes two lawyers from the Solicitor Generalsofce, Ms. Armi Bayot and Mr. Omar Romero; apart from

their experience at their ofce, both share in the distinctionof also being graduates of the UP College of Law. AbdelDisangcopan, also from the UP Law is Maranao and fromIligan. Needless to say, because of my academic position, wehave access to the best legal minds that our country can offer.

The head of our secretariat is Director Iona Jalijali. Shehas worked in the legislature, participated in many publicinterest campaigns, and worked with various formations of

civil society. The secretariat of the GPH panel for this roundof talks includes Mr. Wendell Orbeso, Ms. Bianca Bacani,Ms. Sabrina Poon, Mr. Lloyd Yales, and our media consultant,Director Polly Cunanan.

Formal exploratorytalks between theGovernment of thePhilippines (GPH)under PresidentBenigno S. Aquino IIIand the Moro IslamicLiberation Frontresumed in February2011, preceded by aninformal meeting on 20January.


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GPH Panel Chair Leonen | 20th GPH-MILF Formal Exploratory Talks 7

We have restructured our staff to also include a senior

military adviser who is in active service. Today this is GeneralRestituto Aguilar. We have also brought with us for thisround of talks, a critical military ofcer who heads thesecretariat of our CCCH. His contribution to maintainingthe ceasere need not be emphasized. He knows your groundcommanders. He is also known to them.

In this round of talks we have on stand by, a representativefrom the highest echelon of the armed forces as well as one of

our most responsible ofcers on the ground. Both answer toour panel. I report to you that the various ofcers assigned tothe various components of our ceasere mechanisms and the

AHJAG are among the best in their elds. All are respectedsoldiers. In this administration and at this time, we speak

with one voice with the primacy of the peace process beingdominant.

We agree with the Honorable Mohagher Iqbal, writing

under his other pseudonym Salah Jubair, that at this tablethe principal question is:how do we solve the Bangsamoro

problem? We may represent principals with other fundamentaland principled differences, but we see our role in this table asnding our common ground in practical details inspired byprinciples. We propose that we be haunted by whether theoptions we debate here can truly make a present differencefor our peoples and provide them with the best opportunities

to shape their own future. We do not propose that we do notmention the abstract contextualizations of our proposals, justthat we retain a healthy impatience for too much of it. Thishealthy impatience should be driven by the urgency of ourdesire to bring prosperity, justice, and ecological sustainability.

Our instructions include that we learn from our history,general history as well as the history of our negotiations.Hence, we have been instructed to be inclusive, be

participative and as far as the ethics of these negotiations willallow, be transparent. We are to commit that which can bepolitically deliverable. We will discharge these responsibilitiesdiligently.

On 7 October 2010,President BenignoS. Aquino III issueda Memorandumof Instructions tothe newly formedGovernment PeaceNegotiating Panel forTalks with the MoroIslamic Liberation

Front (GPNP-MILF),laying out concreteguidelines in theconduct of peacenegotiations:1. The 1987Constitution, inclusiveof the exibilitieswithin its provisions;2. Experiences and

lessons learned frompast negotiations andwith the Moro NationalLiberation Front, aswell as that with theARMM;3. Governmentsability to delivercommitments madeand agreed upon; and

4. Inclusiveness andtransparency, withthe sentiment of thegeneral public to beconsidered as far aspracticable.


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As a step towards transparency for our constituents,

we submit to you for your consideration and as a proposedagenda for the next formal meeting our draft to articulatethe current modalities of our negotiations. We have workedon the 1999 Agreement on the Rules for the Conduct ofFormal Peace Talks to reect current practices including all itsexibilities. For the next meeting we propose that we considerthe creation of a technical working group from our panels sothat work on this important procedural agenda item does not

detract us from the process leading to substantive agreements.Contrary to some statements, it has never been our

intention to use this need to articulate in writing the processof our negotiation as a delaying tactic. We felt that thosestatements were unfair and taken out of context. Rather, tous it is an important component of regaining the trust of asignicant segment of our constituency in these processes.

Again, I reiterate, we propose a technical working group to

work on this and report to the panel so that there will be nodelays in our coming to a negotiated settlement at the soonestpossible time. The technical working group may considerthis draft or perhaps even work on other formulations forso long as they ably reect mutually agreed upon proceduresenlightened by experience.

At this meeting, we will move for the extension of themandates of the International Monitoring Team and the

AHJAG for another year. One year to us is a reasonabletime period within which we may be able to expect to shapefundamental agreements inspired by our past experiences,driven by contemporary needs and hopeful of our future.

At this meeting, we will work with you to clarify thesituation of the Bangsamoro Leadership and ManagementInstitute, and dene a way to jump start it so that it canbecome a reality.

Most importantly, we will be very open to receivethe revised draft of your Comprehensive Compact as adocument that can help us clarify your positions so that wecan evaluate our own. We know that by doing so, we areskipping the last few documents deliberated on the table

The InternationalMonitoring Team(IMT), establishedin October 2004, ismandated to monitorthe implementationof the Agreement onPeace between theGPH and the MILF on22 June 2001 and itsImplementing Guidelineson the Humanitarian,Rehabilitation, andDevelopment Aspectsof 7 May 2002 (TripoliAgreement) and theAgreement on the CivilianProtection Component(CPC) of the IMT of 27

October 2009.The IMT is divided intofour main components,namely: the SecurityComponent; Humanitarian,Rehabilitation, andDevelopment Component(HRDC); the Socio-Economic Assistance(SEA) Component; andthe Civilian ProtectionComponent (CPC).The IMT is composedof civilian and militarymonitors from Malaysia(which serves as Head ofMission), Brunei, Japan,Indonesia, Norway, andthe European Union.

TheDeclaration ofContinuity for peacenegotiation between theGRP and the MILF wassigned on 3 June 2010by then-GRP Panel Chairformer Amb. Rafael E.Seguis and MILF PanelChair Mohagher Iqbal.The declaration laid outconsensus points onan Interim Agreement

towards a ComprehensiveCompact.


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by the past administration in their effort to nd an interim

agreement. We are inspired by the common statement in theDeclaration of Continuity referring to openness in exploringnew modalities to reach substantive agreements.

We accept your proposal that we move the period forclarication to the next meeting. We however intend tooffer for discussion our explanation of the parameters of thatperiod for clarication or what is termed as questions andanswers in the current agenda. Needless to say, the form and

substance of the proposals submitted at this table by the pastadministration is seriously being reconsidered.

In this meeting, we hope to be able to get a clearerunderstanding of the situation of Commander Ustadz AmerilUmbra Kato and the Bangsamoro Islamic Freedom Fighters(BIFF). We bring with us questions from our principals.

We are concerned that this development may endanger ourceasere mechanisms. We hope that the clarications we

receive in this formal meeting can help us allay the seriousand legitimate fears of many of those who we now represent.

I close these rst remarks by saying that meaningfulfreedoms can only be won with courage. For this forumcourage entails that we can keep our minds and hearts openso that we can shape practical, viable, and sustainable optionsthat our principals and constituents can consider that willtruly honor the many sufferings that our historical conicthas caused. I hope that all of us share in this ideal.

Thank you and good morning.

TheAd Hoc JointAction Group(AHJAG) , initiallyformed in May 2002,was reactivated inthis round of talks. Itis composed of fourmembers each fromthe GPH and the MILF.The AHJAG is

tasked to facilitatecoordinationbetween the GPHand MILF forcesduring the conductof military or policeoperation to effectthe apprehension andarrest of suspectedcriminal elements orsyndicates within ornear conict-affectedcommunities or areas.


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Every Step Brings Us Closer to OurDestination

Opening Statement ofMILF Panel Chair Mohagher Iqbal

Wednesday, 9 February 2011

T oday, we are in the formal exploratory mode of the negotiation in ourcontinuing journey of peace towards the signing of the negotiated politicalsettlement of the Moro Question on the basis of the Bangsamoro peoples rightto self-determination and freedom. While the exact time to destination cannotbe determined right now, every step we take now is bringing us closer to it.

After all, what is left for the Parties to deliberate is the nal agenda of the peace

talks (i.e., the Comprehensive Compact). As what I said during the clearingthe air informal meeting on January 13, a one-year time frame is good enoughfor the Parties to wind up the discussion and sign the document. I am happyto note that my honorable counterpart from the Philippine government, DeanMarvic Leonen, shared this optimism when he said during his press conferenceat the University of the Philippines the other day, and I quote:

In our view as his [President Benigno S. Aquino III] panel, we thinkthat if the MILF remains sincere and is open to being pragmatic but atthe same time principled in their stance, one year is a reasonable period tocome to a fundamental agreement on a politically negotiated settlement.

I take exception to the misimpression by some quarters that the MILF isvery anxious to start the negotiation immediately, imputing, without necessarilystating, that we want to start it for reasons beyond the need to really addressthe legitimate grievances of our people. If there is urgency on our part toengage immediately, it is because we are fully aware of the situation in the

eld and the presence of so many powerful and well-entrenched spoilers ofthe peace process both in Manila and Mindanao. On the part of the MILF, we have problems. Ustadz Umbra Kato is one of those problems, but the


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MILF Panel Chair Iqbal | 20th GPH-MILF Formal Exploratory Talks 11 11

MILF leadership is still hopeful that we can manage and

solve this problem; otherwise, we will tell the government,the facilitator, and the international community that he hasalready burned his bridges with the MILF: he is not one ofus; he is not with the MILF.

However, to be frank with all of you here, Kato is indeeda problem, I repeat, but if we are truthful to ourselves and tothe facts surrounding why he had been a problem is becauseof the betrayal of the previous administration (not its peace

panel) in not signing the Memorandum of Agreement of Ancestral Domain (MOA-AD) on 5 August 2008. Kato isone of our commanders who does not believe in negotiation,but we managed to let him toe the line for so long, until thepresent Philippine dispensation came into power. Ramadanpassed, the month of October passed, November passed,December passed, but it was only on 13 January when thetwo peace panels nally met. This is not to blame anyone,

but I am just highlighting here that these delays are givinghim more ammunition to prove his thesis that he is right, thatnegotiation is useless, because the government is not sincere.It is very difcult to argue with those who in the rst placetake an opposite view right at the start.

At this juncture, I want to make strong note that whilenegotiation requires condentiality to ensure its success, thisis just one side of the same coin. The other side is the need

for transparency, especially when serious issues affectingthe people are at stake. The presence of the InternationalContact Group in our face-to-face negotiation is not onlyto be appreciated in terms of how they can help to move theprocess forward, especially in exerting proper leverage onthe Parties to abide and comply with commitments but alsoa way in our part to practice what we sincerely believe asindispensable (i.e., the need for transparency).

It is therefore my belief that better judgment so requiresthat the ICG members, both states and non-states will beinvited to observe the present proceeding and those yet tocome. They can play their role exceptionally well if they know

what is really happening in the negotiation; otherwise the

In February 2011,reports startedto circulate thatCommander AmerilUmbra Kato ofMILFs 105th BaseCommand resignedand established theBangsamoro IslamicFreedom Fighters(BIFF).

The InternationalContact Group(ICG) , established inDecember 2009, isprimarily mandated toexert the necessaryleverage and assistancetowards sustaining thetrust and condenceof both sides in thenegotiating table. It isad-hoc in nature andissue-specic in itsengagement with thePanels.The ICG is composedof four state-members,namely: Japan, UnitedKingdom, Turkey, andSaudi Arabia; andfour internationalnon-governmentalorganizations,namely: Centre forHumanitarian Dialogue(CHD), ConciliationResources (CR),Muhammadiyah, andlater, the Communityof SantEgidiowhich replaced TheAsia Foundation inSeptember 2013.


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Parties would have to spare time and efforts to brief them in

Manila and in Darapanan, Sultan Kudarat, Maguindanao. Iam quite optimistic that everyone in this session would seethe wisdom of my view.

I also want to state here that we are formally withdrawingour 27 January 2010 draft on the comprehensive compact,as what we ofcially put on record last January 13, and in itsstead, we are submitting a new draft, whose essential elementsare similar to the rst, to our esteemed counterpart from the

government and the Malaysian third country facilitator. Weare not going to discuss this draft now but when the time forit comes, probably tomorrow, 10 February, we would requestthat we be given the chance to make a general description ofit. After this, our counterpart from the government may askquestions but only those relevant to our draft will be takenup. Other questions that have no direct bearing to this draft

will be reserved for other forums, not necessarily with the

MILF peace panel. The reason for this is simple, which I ndnot obliging on my part.

On this note, once again I extend to you a very goodmorning and wassalamu alaikum wa rahmatullahi taalawabarakatuhu!


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Previous page from left to right:MILF Panel Chair Mohagher Iqbal and the MILF Panel bid farewell to former Malaysian facilitatorDatuk Othman Abd Razak. The GPH delegation poses with MILF Panel Chair Mohagher Iqbal. TheGPH and MILF Panels with the ICG and new Malaysian Facilitator Tengku Dato Ab Ghafar TengkuMohamed at the close of the 21st Formal Exploratory Talks.


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16 GETTING TO PEACE

We applaud the Moro Islamic Liberation Fronts decision

to conduct consultations with non-Moro groups includingindigenous peoples and business groups. We understand thatyou have schedules with the Makati Business Club and manyother prominent Manila based organizations after this roundof talks. As I have stated informally with some membersof civil society, this decision to come out publicly with thecontours of your proposed Comprehensive Compact shouldcause a national discussion on a national issue: how to solve

the Bangsamoro problem. It can complement our efforts. It will also help usand our direct principalto gauge thepublic pulse on political decisions that need to be taken. Yourconsultations are complementary to ours.

We want to bring some outcomes of these consultationsdirectly in this 21st Exploratory Talks.

First, we were handed the results of extensive consultations with indigenous peoples by the Mindanao Peoples Caucus.

We are making this paper available to the parties as a non-paper. To us, a non-paper is a document which may be ofdirect relevance to the negotiations. It may contain ideasauthored by them or by some other third party or groups ofparties but does not necessarily reect the current positionof either the GPH or the MILF. We invite our counterpartsto study it closely as an aid to understanding what someorganized groups of indigenous peoples expect from these

negotiations.Second, there were suggestions made that we do joint

forums. We feel that this is a good idea at some point in thenegotiations, perhaps when we (and our principals) achievesome clarity in our fundamental agreements and right before

we mutually make the nal commitments. I understand thatthere is precedent for this in these negotiations as there wassome form of joint advocacy group in the past. We will take

this up again in future negotiations.Third, so that we can more easily communicate progress

in these negotiations to our publics, we are requesting thatour panel be allowed to have a maximum of four observers


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GPH Panel Chair Leonen | 21st GPH-MILF Formal Exploratory Talks 17 17

apart from our panel and our secretariat. The observers may

be members of our advisory committee or key members ofCongress or even individuals whom we need to consult timeand again. We may need to invite personalities who sit inthe other tables that the GPH has set up (i.e., the talks onthe implementation of the Final Peace Agreement with theMNLF). The observers will be here only to watch and see theprogress of the discussion (inclusive of all its passion) in realtime. They will come at our own cost, and they need not join

all the agenda items. Who will sit as observers will be up toour panel to decide. To us, this will hasten consensus building. We have raised this already as part of the pre-meeting andthere was some sort of consensus.

Most of these related matters can be easily disposed ofif the MILF reconsiders its current position not to table fordiscussion our earlier proposal to convene a technical workinggroup that will meet in between our meetings to work on

these administrative matters. As we have indicated in thepast, an articulated and written Agreement on the Conductof Talks will not only clarify how we work in the frameworkof these negotiations, it will also help us communicate toour constituencies the ground rules in the negotiation. Wehave made all of our agreements public. It was made possiblebecause all of them were articulated and written. The onlyexception to this is what remains in oral tradition: the conductof our talks.

We thank you for allowing us in this round of talks toquery you on the Revised Comprehensive Compact that yousubmitted as a statement of your position. We hope that you

would take our questions in the spirit in which we have tomake them: to elicit your interpretation so that we or ourprincipals will not second guess what your initial positionsare. You will see in our questions the level of details we wentto as we combed through your proposals. We have put intoit the diligence that it deserves knowing the kind of workthat you have already put into it. Please understand that wetoo have been working on our own proposals at many levelsof our bureaucracy.


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Except for extraordinary reasons, our ideal for a nal

agreement is that it is brief but clear and determinate as to what our principals promise. We should always be on guardfor text that may contain different meanings to both parties.They may just be pitfalls for future misunderstanding andmore serious conicts. After all, we share with you the hopethat we do not sign an agreement solely because we want anagreement. We want an agreement that is workable on alllevels while addressing most of the fundamental interests in

a principled way.The workability of any nal agreement hinges on many

things. Let me just, at this time, ag two of them:One: We all know that the government has signed a

Final Peace Agreement with the Moro National LiberationFront. Over much of the same ground and in representationof the same peoples, government is now purposely andseriously negotiating with a different movement. Our task

is to come to a nal agreement with the MILF. However,as early as this round, we hope that the MILF can considerthe offshoots of this situation as a problem that we can alsomutually address. On our end, we hope that a nal negotiatedpolitical settlement with the MILF is not mutually exclusiveto a convergence of governments commitment to both theMNLF and MILF. Also, we hope that the MNLF and theMILFs commitment, both representing the Bangsamoro

peoples, should not be at cross purposes with each other. Weknow that the solution to this lies both with government and with the MILFs dealings with the MNLF.

Two: It is safe to say at this point that it would, mostlikely, be difcult to get the needed political critical mass toimplement an agreement of the magnitude that is impliedin your Revised Comprehensive Compact if there areunaddressed splinter groups from your movement. The

questions that we have had to answer these past few monthsare: After the GPH signs an agreement with the MILF, willit then have to set up another table to negotiate with theBIFF? Is the BIFF still part of the MILF? If it is, which hasthe true command over the MILFs coercive forces, the BIAF


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GPH Panel Chair Leonen | 21st GPH-MILF Formal Exploratory Talks 19 19

or the BIFF? What assurances do we have that the BIFF, if

no longer MILF, will respect our ceasere with the MILF?Or, do we have to set up a separate ceasere infrastructure forthe BIFF? Which has the greater constituency, the MILF orthe BIFF in the areas of operation of Ustadz Ameril UmbraKato? These are questions that were asked of us and I am justsummarizing it here.

We hope that in this round we can have a full satisfactoryanswer.

We are here to negotiate ways to solve problems. Thatprincipally requires that we are open to seeing the problemrealistically. Each of our sides can see portions of that reality.Let us reconstruct and review it in this table, candidly andalways with an eye to what we mutually aspire: meaningfulfreedoms within a just and democratic society. Our peoplesdeserve nothing less.

Thank you.

TheBIFF stands forthe BangsamoroIslamic FreedomFighters . It is thebreakaway group fromthe MILF establishedby Commander AmerilUmbra Kato.TheBIAF (BangsamoroIslamic Armed Forces)

is the armed wing ofthe MILF.


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dialogues in Manila with non-Moro NGOs, CSOs, business

groups, and members of the diplomatic community; andfrom there, we will proceed to Zamboanga City, the islandprovinces of Western Mindanao, Pagadian City, Cagayande Oro City, and Iligan City. At the same time we are alsoconducting side forums with members of the indigenouscommunities and members of the MILF political and militaryleadership in the various cities and provinces which we visitedand which we are scheduled to visit. They must not be left

in the tail end of the dialogues; on the contrary, they mustbe at the forefront to know and understand not only theinside and out of the peace process but more importantly toaccept the validity and wisdom of a peaceful, just, and lastingnegotiated political settlement of the problem in Mindanao.They must own the peace process and the results; otherwise,a problem is in the ofng.

Mind you, in these sorties even to areas traditionally

dubbed as unfriendly to the peace talks like ZamboangaCity, people are cautioning us about the security risks. Wetold them that all these efforts are done in the name ofpeace and are part of advocacy agreed by the parties. We tellthem also that our counterpart in government is informedof this ofcially, and we are sure they are not remiss in theirresponsibility.

In addition, we have met several experts on conict

resolution and constitutional negotations, and in the courseof our serious discussion, we have learned and drawn lessonsfrom their vast experiences that, to us, are of tremendousvalue to anyone serious in resolving conicts of various nature,including sovereignty-based issues like that involving theMILF. I hope those government ofcials whom these expertstalked to also shared our views.

At this juncture, let me refresh our memory about the

coming in of the International Contact Group to the GPH-MILF peace process. During the GPH-MILF non-meetingon 7 July 2009, the MILF peace panel had categorically toldtheir counterpart in government that the MILF will not returnto the negotiating table even on the brink of more ghting


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except when there is an international guarantee. We cannot

trust the government anymore after they deliberately did not signthe MOA-AD .

After some serious talks, the MILF and the governmentsettled to use contact instead of guarantee, on thecondition that its main task is to exert proper leverage tothe parties in negotiation.

For the MILF, the ICG is not dispensable; they mustbe invited to attend and observe not only the opening andclosing programs of the talks but more importantly theplenary session where the substantive agenda of the talksis under deliberation. Of course, it is the prerogative of theparties to go on an executive meeting to discuss an agendathat is considered exclusive to them.

On the issue of Ameril Umbra Kato, he has not yetburned his bridges with the MILF. On the contrary, hesaid he will stay within the fold of the MILF no matter whathappens. Kato has said that he will not create trouble againstthe peace process and the ceasere. He also pledged to respectthe good result of the negotiation. What he cannot accept isendless negotiations and the failure of government to delivertheir part of the bargain.

For your information, the MILF Central Committee hasexerted efforts to make him realize his mistakes, discontinuehis so-called Bangsamoro Islamic Freedom Fighters, and havehim return to the fold of the Bangsamoro Islamic ArmedForces; but more efforts are still wantingand we are notgiving up.

The Kato problem is internal to the MILF. Leave thisproblem to us.

Fourteen years since the start of the GPH-MILF peacenegotiation in 1997 is too long a process. We have gonethrough various hardships and tribulations and practicallyonly one agenda is left for discussion (i.e., the ComprehensiveCompact). For the MILF, this is not a very difcult agenda;it is only about an asymmetrical state-substate relationship.


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MILF Panel Chair Iqbal | 21st GPH-MILF Formal Exploratory Talks 23 23

We are not talking here of independence, as what was done

in Islamic Sudan and Christian-Animist South Sudan.But let me caution ourselves that all eyes are trained

on us, whether we are serious or not, or whether we areengaged in problem-solving or merely managing the conictin Mindanao. For the MILF, the parties need to fast-trackthe process. Practically one year has already been consumedin the six-year term of President Aquino, and the GPHpeace panel has not yet submitted their counterdraft on the

comprehensive compact. We want the GPH peace panel tobe ready with their draft during the next round of talks. Ifthey want ample time to be able to do this, we can allow themthe time they need; and a one month timeframe, I think, isfair enough.

On this note, let me once again extend my heartfeltgratitude to members of the International Contact Group(ICG) for their coming to and attendance in this important

meeting of the parties. We trust you and we recognize andthank you for all your invaluable contributions to the GPH-MILF peace process. And to his Excellency, Datuk Othmanbin Abd Razak, our sincerest thanks for his services inthe name of peace and, more importantly, for his sterlingperformance as Malaysian facilitator of the GPH-MILFpeace talks. He can be equalled, but his deep commitmentto peace and fair play is so outstanding that it could remain

in the annals of this negotiation for the years and generationsto come.Thank you, and wassalamu alaikum wa rahmatullahi

taala wabarakatuhu.


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Previous page from left to right:

The GPH delegation discussing the 3-for-1 proposal with members of the ICG at the sidelines ofthe formal sessions. The GPH Panel in a press conference held at the Philippine Embassy in KualaLumpur on 23 August 2011 regarding the progress of the peace negotiations.


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Opening Statement ofGPH Panel Chair Dean Marvic LeonenMonday, 22 August 2011

Assalamu alaikum.I bring warm greetings of peace from His Excellency President Benigno Aquino III and his cabinet.

The meeting between the President of the Republic of the Philippines andthe Chair of the Moro Islamic Liberation Front (MILF) underscored the realitythat although the approaches of our respective principals may currently bedifferent, peace is still realizable within the next year. That is, if we are willingto work with patience and with a lot of understanding.

Having been present in that meeting, my impression was that there seemed

to be a consensus as to an objective. A meeting of minds also exists in terms ofsome principles that could be used to guide us in choosing options for meetingthe interests also of our constituencies.

Both were eager to see the benets of a just, lasting, and comprehensivepeace within the next few years. The common objective is to nd somefundamental and workable agreement that can pave the way to meeting the justaspirations of the Bangsamoro people. This will not only augur well for conictaffected areas in Mindanao, but will reverberate throughout the entire country.

Both agreed that as a matter of principle, we would have to conrmagreements based on the consent of the governed.Both saw that any political rearrangement initially still requires an effective

national government empowered not only to assist underdeveloped regionsbut also to ensure the viability of the entire Republic as one whole. Bothunderstood the need to continue to build condence in each others capacityand trust in each others sincerity. The meeting was facilitated in Japan. Also,

we would like to thank Japan through its representative in the International

Contact Group for keeping faith in the parties, for keeping the entire meetingcondential, and for allowing us to use the facilities for that historic meeting.


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As an execution of what our President promised during

that meeting, it was mentioned that indeed there is a balancefor the Bangsamoro Leadership Management Institute ofabout PHP 5 million. The President then told the chair ofthe MILF that he is going to issue the check without anyconditions except being able to answer for the auditing andto make arrangements that we can carry the check today.

We ask his Excellency, the facilitator, with the permission ofthe panel of the MILF that we be allowed after the opening

remarks of both sides to be able to transmit the PHP 5 millionin check if the MILF will accept it. We should not lose sight of our common ground and

draw inspiration from there, but our role as negotiatorsrequire that we clearly articulate the differences of ourprincipals and constituencies. Having articulated them, wethen should proceed to examine the reality as well as theviability of logical inferences that we make from our versions

of reality. Hopefully, in this conversation, we can discover howthings really are and work to nd implementable agreements.During this meeting, we will be making an initial

presentation of governments proposed approach to achievinga fundamental agreement to bring about a just, lasting, andcomprehensive peace in our country. The document that

we will be transmitting to you is a rst document, a workin progress.

I am sure that many who have observed these processesare hoping that the governments approach hews close to theproposed Revised Comprehensive Compact of the MoroIslamic Liberation Front. In fact, these same groups may beall so ready to judge governments sincerity on the basisof how close its language or content will be to that of theproposals of the MILF. To some, negotiations take place alonga linear plane with nite possibilities only. Thus, the parties

are expected to dene their desired end results, ensure thatthese are at the farthest opposites possible so that they willend up on a more agreeable middle ground.

For this type of negotiationsthe one I will call linearparadigm or positional bargainingall that matters will be

On 4 August 2011,President Benigno S.Aquino III met withMILF Chair Al HajMurad Ebrahim inNarita, Japan. It wasa frank and friendlymeeting which showedthe trust and sincerityof both parties andtheir full commitmentto the peace process.

Photo credit: Malacaang PhotoBureau


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GPH Panel Chair Leonen | 22nd GPH-MILF Formal Exploratory Talks 29 29

the end positions of the parties. Why the parties took these

positions, how they saw reality, how they articulated theirunderstanding, how they viewed solutions, and why theychose these solutions take backstage. More of this posturingencourages the parties to entrench their positions. That this

will ensure that the result will only be a language of force orpower rather than the kind of rationality required of maturedemocracies. Solutions drawn without reason, hammeredonly through brute power at the negotiating table, are

not likely to last. Worse, they tend to be disastrous for theconstituencies of all the participants.I would rather that the proposals be differenthonestly

different. Better if the frameworks that inform the proposalsbe differenthonestly different. It is only then that the issuesthat truly matter to both sides can be given more space at thisnegotiating table. The eld of possible points of agreementcan expand when we make sure that our discussions cover the

various points that many of our constituencies may currentlycherish. It is after all, the people, later on, who will eventuallyplace the nal decision as to whatever agreements that we canagree upon. It is in this sense that I would say, that a proposalfrom government which presents a different approachbutin keeping with our past agreementis more in keeping with

what the honorable chair of the MILF Al Haj Murad Ebrahimreferred to as the problem solving approach.

I am sure that our patience will be tested as we go througheach others proposals. Perhaps, even in this meeting, when we propose to talk about the procedure on how to proceedto craft a settlement, we can nd that we will be at somecross-purposes. But patience and the openness to considereach others point of view may be the bedrock of building atrue consensus. We never promised that our negotiations beeasy or simple; we do however guarantee that they are sincereand earnest. We intend these negotiations to be fast-tracked,but never at the expense of being truly analytical.

The Government proposal took a lot of views intoconsideration. It seeks to trigger conversations about whatis critical to our principals and the constituencies that they

TheBangsamoroLeadership andManagement Institute(BLMI), inauguratedon 6 June 2012, is aSEC-registered trainingcenter in SultanKudarat, Maguindanao,which aims to prepareBangsamoro individualsin various eldsof leadership andmanagement, as wellas good governance.Its creation wasinitially discussed bythe Parties during the10th round of talks in2006 and was formallyagreed upon duringthe 14th round of talksin 2007.In this round, the GPHgave PHP 5 million tothe BLMI to jumpstartits operationsand to exhibit thegovernments fullcommitment to justand lasting peacein the Bangsamoro.The Japanesegovernment fundedthe construction of theBLMI building.


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represent. We hope that the rationale behind these proposals

be addressed in earnest. Together we should examine theirviability and, if indeed they are reasonable, nd our way toaccommodate them.

But, today we negotiate under imperfect conditions.Our mapping of armed clashes in areas relevant to

our task show that from January of this year to this day, atotal of seventeen rido-related incidents involving at least acommander of the MILF base command has been recorded.

In the rido between some members of the 105thbase command against some members of the 104th basecommand, a total of 1,596 families or 7,980 persons from sixbarangays in Palembang, Sultan Kudarat, were displaced. Inthese evacuation centers, four children died. A woman gavebirth to twins. One unfortunately died due to conditions inthe center. Another child died because the mother failed topay attention to him as she was busily preparing evacuation.

Another drowned due to similar reasons. The last child diedas a result of miserable conditions aggravating a preexistingillness. This is apart from twelve casualties and twelve

wounded from the direct ghting.Then, of course, there is ghting between members of the

106th base command and the group of Ustadz Ameril UmbraKato in Datu Piang. What started out as a land conict seemsto have graduated to a full-scale offensive between theirtroops, causing major concern among our own ground forces.

To date, 695 families have been displaced, fourteen diedfrom each of their sides. These conicts and obvious lack ofdiscipline among some of the MILF troops cannot certainlybe attributed to the Government of the Republic of thePhilippines. Certainly, it weakens your position in relation toour principals and to the public at large. We have mechanismsfor the cessation of hostilities between our troops. For themost part we have kept our side tranquil. Should there notbe also cessation of hostilities internal to the MILF? Theincreasing vulnerability to rido between and among troopsis indeed becoming an increasing concern on the part of the

A rido is a Maranaoterm that refers to afeud characterizedby violence betweenfamilies and kinshipnetworks. Aside fromcasualties, this typeof conict resultsin destruction ofproperty, instability

of the local economy,and displacement ofpeople.While Maranao, Iranun,and Maguindanaotribes use the termrido, lido, or ridu, otherethnic groups refer to pangayaw , magahat ,and pagdumot . Somelumad groups, or

indigenous peoplesin Mindanao, usethe terms pagbanta , pagbunuh , mamauli ,kasaop , and pagbaos .Source: Torres, Wilfredo Magno(ed.). Rido: Clan Feudingand Conict Management inMindanao . (2007)


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GPH. We hope that this too is addressed at some point during

our formal negotiations.In this meeting, we have been asked to specically request

conrmation of what our ground forces are seeing in relationto Ustadz Ameril Umbra Kato: that he is no longer withinthe command and control of the MILF. Not only has heattempted to reinforce weakened positions of some of hiscommanders who were clearly engaged in kidnapping, notonly did he re at AFP armaments, he has also attacked your

commanders and, as per our report, made it possible for hismen to do barbaric and inhuman acts to four combatants who

were already hors de combat. In an interview withNewsbreak and GMA-7, he has publicly accused the MILF CentralCommittee of tolerating kidnapping and other criminal acts.By the way, his released videos also show that his camp haschild soldiers.

We cannot accept that he is still part of the MILF. We

need to be clear about the status of forces on the ground. Ifhe is truly a splinter group, then we would have to assess thesituation together in a very serious and sensitive manner.

We need to cooperate with each other to settle groundconditions. The opening of the last two meetings that we hadhad been greeted with explosions of IEDs in Mindanao. Therehave been a total of fteen of these incidents (explosions ofIEDs) during this year alone. Also, a total of ten kidnappings

including the celebrated case of some Americans have alsobeen reported.

The solutions therefore that we seek at this table shouldaddress the present as well, as the future. Poverty, hunger,powerlessness, insecurity, and injustice are also presentrealities which cry out for present solutions that work. Weshould keep always an eye on them as we look for moresystemic solutions. In our presentation, we have a way forwardas our people deserve nothing less.

Thank you.

The GPH submittedits counterproposalto the MILFsFebruary 2011 RevisedComprehensiveCompact in August2011. Dubbed as 3-for-1, the governmentproposal consisted ofthree (3) componentsof one (1) solutionseeking to:1. Address social andeconomic developmentneeds in a participativemanner;2. Reform legal andpolitical environmentsto allow meaningfulautonomy and self-governance; and

3. Acknowledgehistorical causesof conict towardsreconcillation.


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The Peace Negotiation Cannot BeDelayed Anymore

Opening Statement ofMILF Panel Chair Mohagher Iqbal

Monday, 22 August 2011

W e are once again in the beautiful city of Kuala Lumpur after the historicmeeting in Tokyo, Japan, between President Benigno Aquino III andMILF Chairman Al Haj Murad Ebrahim on 4 August. Eighteen days after itis still in the limelight and headlines of newspapers and magazines back home.Public enthusiasm and approval to continue the peace negotiation until a dealis clinched continue to rise. We must seize this dening moment and strike a

deal while the iron is still hot, so to speak. We thank the Malaysian government through its country facilitator, HisExcellency Tengku Dato Ab Ghafar Tengku Mohamed, and Madame CheKasnah, head of the Malaysian Secretariat, for playing their part exceptionally

well in making this historic meeting happen, including their precious presenceduring the meeting of the two leaders. We are very grateful to the Governmentof Japan and its Embassy in Manila for providing a venue for this meeting andassisting it in many ways. We also thank and salute President Aquino for hisstatesmanship by deciding to meet Murad in a foreign country; and of course,

we congratulate our honorable counterparts from the government, headed byDean Marvic Leonen, for their wisdom in supporting the Presidents own grandgesture to meet with Murad. I also congratulate the MILF Central Committeefor their correct decision to agree on the meeting in Japan. Such decision earnsfor the MILF praises and congratulations.

Today, everybody is anticipating for the government counter-proposal withdeep breath. We too share this enthusiasm. And even without our go signal,many media personalities from the Philippines are now in Kuala Lumpuranxious to know what the government proposal is all about. I hope we canmanage this to the best interests of the GPH-MILF peace negotiation.


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Personally, I expect the government proposal to be

substantive. My expectation is anchored on the fact that on29 July 2009, the government and MILF peace panels, afterhaving acknowledged the MOA-AD as an unsigned andyet initialed document, have committed to reframe theconsensus points with the end in view of moving towards thecomprehensive compact to bring about a negotiated politicalsettlement of the conict in Mindanao. This should be thetemplate of the two proposals on the comprehensive compact,

which the MILF had already did, otherwise, like a boatpowered by two engines, one 100 horsepower and the otheris 30 horsepower, the movement would not be forward buteither to the right or to the left. In short, if such a situationhappens, we would be like a cat playing with its own tail.The negotiation would not move from where we are now.

To be frank with you, Commander Ameril Umbra Katocontinues to be a challenging concern of MILF. So much

effort, patience, and understanding have been invested inresolving this concern, but a real breakthrough is not yetat hand; we are however not giving up. We will tell thegovernment, as I said previously, if Kato completely burnshis bridges with the MILF.

The latest decision of the MILF Central Committee isto declare him bughaat, an Arabic term which means one

who dees or who does not obey a lawful order of a ruler or

duly mandated authority.In Resolution No. 03-06 Series of 2011, the MILF

Central Committee, taking into full consideration and nallyadopting the decision of the Assembly of the Ulama on June27, 2011 declaring Ameril Umbra Kato, his companions, andfollowers asbughaat , hereby declared the following:

1. That Ameril Umbra Kato, his companions, andfollowers are no longer members of the Moro IslamicLiberation Front unless they cease and desist withoutdelay their anti-MILF campaigns and other relatedactivities that are intended to discredit and destroythe entire legitimate leadership of the MILF andhenceforth return at once to the fold of the MILF;


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MILF Panel Chair Iqbal | 22nd GPH-MILF Formal Exploratory Talks 35 35

Excellencies, Katos group is a tiny group, not even

one percent of the entire military strength of the MILF. Aspartners in the search for genuine peace in Mindanao, weexpect the GPH not to make a mountain out of this molehill.

After all, he became a headache to the MILF, after the GPHdid not sign the Memorandum of Agreement on AncestralDomain. We are doing what we can to assuage his feelingand grievance arising out of the failure of government to signthe MOA-AD and the prolonged delay in the negotiation.

In fact, one of his commanders, Talio Silongan, had alreadysurrendered to the MILF. More are sending feelers and areexpected to follow soon.

I believe President Aquinos political and social capital isstill too good up to 2013 and after this period, it is expectedto diminish. Therefore, we must fast-track the negotiation,as President Aquino and Chairman Murad have agreed in

Japan. We cannot afford to delay or to engage on side issues.

Seriousness and the lack of it are clearly distinct from oneanother.The main menu of this negotiation is and will always be

the need to resolve the Moro Question and the armed conictin Mindanao in the form of a comprehensive compact. Thisis the track and I invite everyone including members of theInternational Contact Group (ICG) to help the parties tostay on course.

Thank you very much!

On the second dayof this round ofnegotiations whichcoincided withthe observance ofRamadan, theMILFrejected the GPHs3-for-1 proposal .To this, Chair Leonenreplied, We reject therejection.The MILF Peace Panelkept the proposal intheir possession forreview of the MILFCentral Committee.


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Opening Statement ofGPH Panel Chair Dean Marvic LeonenMonday, 5 December 2011

B ismillah hir rahman hir raheem. Asalamu alaikum wa rahmatullahi taalawa barakatuhu.His Excellency Tengku Dato Ab Ghafar Tengku Mohamed, our honorable

counterpart led by his Excellency Mohagher Iqbal from the Moro IslamicLiberation Front.

I would also like to welcome an addition to the MILF panel whom Iconsider also as one of my mentors, Atty. Raissa Jajurie.

Also, I would like introduce an addition to our group, a consultant ofthe OPAPP and part of our Secretariat, we have, of course known to our

counterpart, Ms. Yasmin Busran-Lao. She will be assisting us aggressively inbuilding our position in the peace talks. We also acknowledge and express our appreciation to the International

Contact Group who helped us a lot in moving the process forward. We also would like to thank the Malaysian Secretariat.Tengku Dato Ab Ghafar Tengku Mohamed has done a lot in bringing the

parties together during the informal talks. We also acknowledge that he has beento the Philippines at least two times upon the request of both parties. He hasably, actively, and accurately communicated the sentiments of both sides andbecause of that facilitation, we were able to come together in Kuala Lumpurlast 3 November for informal talks. We also would like to thank the goodfacilitator for hosting that memorable discussion. We credit that discussionfor allowing the parties to be frank and candid with each other.

For the record during these formal talks, I wish to reiterate some of thepoints that I have made during the opening of our informal discussions last3 November 2011.

As I said then, news in the national media during that time provedchallenging to the government, the Moro Islamic Liberation Front, and


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generally, the peace process. Many who are cynical of our

present processes as well as those who simply wish ill of thisadministration started then what seemed to be a consistentcampaign to embarrass the achievements of this peaceprocess. We did our part to fend off these attacks, so did theMoro Islamic Liberation Front. There were loud voices whoconsistently took the misguided view that our differencescan be resolved fully by armed conict. We listened to them,careful to note that they too form a constituency that should

be won. We tried to meet their assumptions and premisescarefully underscoring that there was still the possibility tohonorably achieve peace with justice.

No less than the President, however, announced thatthe current policy of government today is all-out justice, notall-out war.

This policy is consistent with the primacy given to ourpeace process and the overriding hope that peace can better

be achieved through a comprehensive settlement. Our viewof a peace agreement is that it is one that can sincerely beimplemented by the administration that promises it. It is anagreement that serves as a framework for all parties to work

with each other under a regime of mutual respect. It shouldreect a genuine acknowledgment of history and a trueunderstanding of the current and future needs of our peoples.Certainly, the grandest of our hopes can only be achieved if we

start with the practical issues that can be accomplished today while dreaming of what our worlds will be in the future. Thegrandest edice can only rise by rst addressing the mundane,by putting in place its cornerstones.

Again, let me reiterate: our proposed political settlementbesides providing for a pragmatic framework workable withinthe next few years also provides a platform to pave the wayfor true deliberative democracy among all our peoples.

Let me add two more points today.First, our proposed agreement should be flexible

enough. Our collective human abilities to nd a solutionto fundamental problems are fallible. Our foresight can err.

On 18 October 2011,nineteen soldiersof the PhilippineArmy Special Forceswere killed during anencounter with allegedMILF forces and otherarmed groups in Al-Barka, Basilan.In relation to the

Al-Barka incident ,President Benigno S.Aquino III, advocatingfor an all-out justice ,rejected calls for anall-out war againstthe MILF.


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GPH Panel Chair Leonen | 23rd GPH-MILF Formal Exploratory Talks 41 41

Thus, the solutions that we attempt should always benet

from constant evaluation. The solutions that we attempt, thecornerstones that we put on the ground, should be exible.They should be amenable to adjustment after objectiveassessment. During the implementation, they should bemalleable to their contemporary realities.

Second, our constituencies are complex. A fundamentalaxiom of nding a negotiated political settlement of armedconict is that the solutions that we nd should be able to

address the legitimate interests of all those we represent herein the table. We both may represent the same constituencies;but, it is possible we do so in different capacities. We shouldbuild on the commonality of their legitimate interests:political empowerment, economic development, ecologicalviability, cultural respect, and democratic toleration. Oursolution should be as pragmatic to these myriad interests asit is principled. Hence, we should also take advantage of what

each of our principals could deliver. Complicated problemsin our part of Mindanao benet from our partnership.The GPH panel, in this round of talks, is ready to move

forward. We are satised with the current ground conditions. We

reiterate our commitment to respect our agreements relatingto the cessation of hostilities as well as those in relation tothe setting up and maintenance of the Ad Hoc Joint Action

Group. We note that in none of these agreements didgovernment seek to weaken its ability to enforce the law.

We also agree that coordination within our mechanisms isessential. We however call on the Moro Islamic LiberationFront to show more of its commitment by more activelyidentifying and assisting in the arrest of many lawlesselements. Let us prove that our ceasere mechanisms are nothavens for kidnappers, murderers, and terrorists.

But we must be cognizant that there needs to be someadjustments. Clearly, there may have been circumstancesthat changed since these agreements were signed. Clearly,both sides can benet from constant assessment based onobjectively conducted fact-nding missions of incidents


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in the recent past where government will participate in the

right manner. We also now express our willingness to revisit the

operational procedures if necessary. But, we also are of thestrong conviction that these changes should not be initiatedfrom the panel level. It should emanate rst from the CCCHs

working with each other making recommendations to theIMT and to the panels.

The work of our panels should be focused. Ours is tobring about a negotiated political settlement within thesoonest possible time.

On behalf of the government let me now state thischallenge: let us complete our task within the rst quarterof next year.

Shukran and Wassalam.


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Let Us Call Spade A SpadeOpening Statement ofMILF Panel Chair Mohagher Iqbal

Monday, 5 December 2011

W e are in this beautiful city of Kuala Lumpur again to tread on the mostsubstantive aspect of the 15-year old peace negotiation, amidst thegrowing calls of the civilians directly affected by the conict in Mindanao,civil society organizations, nongovernment organizations, well-meaning peaceadvocates, and the international community to fast-track the peace negotiationand conclude it by signing a comprehensive peace agreement between thePhilippine Government and the Moro Islamic Liberation Front. Any delayfor whatever reason will surely not be appreciated, and the responsible party

will have to do a lot of explanation, including possible isolation from the arenaof public opinion.To the MILF, this expectation is not hard to fulll, simply because all the

issues in the negotiations are already on the table. Nothing is hidden anymorefrom both sides. It is only the unwillingness or insincerity of either of the twoparties to solve these problems that can deter them from succeeding.

In the current negotiation, the MILF, as everyone knows, has no optionto secede by agreeing to settle for real self-governance in the Bangsamoro state,

which is still within the larger Philippine state. But the government must putreal premium on this by seriously putting forward a proposal that truly plays

justice to this goodwill and sacrice of the MILF. It is time the governmentstop thinking of solving the conict in Mindanao by attempting to integratethe Moros into the national body politic. This scheme is a thing of the pastand should not be revived anymore, for it only invites bad memories of thepast, when under the aegis of Philippine rule, the Moros lost much of theirlands and wealth in their homeland, not to speak of their marginalization and

isolation. Integration is a word synonymous to shattered hope and dim future.The government should learn from the failures of the past. Despite decades

of working to integrate the Moros into the national body politic, including the


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creation of several ofces like the Commission on National

Integration and now the National Commission for MuslimFilipinos, the Moro aspiration for a separate identity andterritorial autonomy are as strong as ever. This will not liedown; it will consolidate and harden as the years pile up.This is the reason the MILF is urging the government notto suppress this aspiration, and instead, nd an acceptableformula leading to a more constructive engagement in orderto ensure the unity of this country. For the MILF, we view

the state-substate asymmetrical formulation as a formula forpeace and unity in this country.The parties must now call a spade a spade. Any resort to

rhetoric is a waste of time, and certainly, we are not here forthat, or to engage in debates, for such are suited only duringour college days and among legislators. We are here to discusshard issues in order to move the peace process and bring itcloser to our objective of signing a comprehensive compact

that would put closure to the Moro Question and the armedconict in Mindanao. At this juncture, we wish to relate here that we are

jolted by the failure of the International Monitoring Teamto proceed with the investigation of the ghting in themunicipality of Payao, Zamboanga Sibugay, between MILFand government forces from 15 October and onward. In theseseries of encounters, aside from mostly initiating the attack,

in direct violation of the ceasere agreement and spirit of thepeace negotiation, the government forces also used excessiveforce, including naval boats, attack helicopters, and bomberplanes. As a consequence, tens of thousands of civilians,both Moros and Christians, ed their homes and evacuatedto safer grounds.

To be very frank with you, it is not the failure of theIMT to investigate which is disheartening, which can be

temporary, for any day now t

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Getting to Peace