Q & a With Chief Negotiator Miriam Coronel-Ferrer on the GPH-MILF Peace Process (as of June 13, 2013)

7/28/2019 Q & a With Chief Negotiator Miriam Coronel-Ferrer on the GPH-MILF Peace Process (as of June 13, 2013)

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Q&A with Chief Negotiator Miriam Coronel-Ferrer on the GPH-MILFPeace Process (as of June 13, 2103)

Where are we now? During the last round of formal talks, the Parties agreed tomeet again after the elections and in the interim to processthe remaining issues in the annexes through an exchange of

notes with the help of the facilitator.

This exchange of notes has already commenced and throughthis process, we hope to come as close as possible to agreedlanguage and return to Kuala Lumpur to be able to finalize the

Annexes on Power and Wealth-sharing very soon.

What are the difficultissues?

Because the Annexes will further detail what is provided inthe Framework Agreement, it is to be expected that findingagreement on these details has been more difficult and

complex.

With respect to wealth-sharing:

A draft for the Wealth-sharing Annex had indeed beencompleted by the technical working groups of the Parties.However, prudence on the part of Government requires that itundergoes a final review before the President gives his finalstamp of approval. The President is committed to deliveringan agreement that will allow the Bansamoro to enjoy effectiveand meaningful fiscal autonomy but also take into account the

legal, political, and administrative constraints of the CentralGovernment. These are the considerations as to whyGovernment wishes to introduce some changes to the draftannex, particularly with regard some aspects of taxation, fundtransfer mechanisms, and revenue sharing.

With respect to power-sharing:

The framework provides for three classes of sharing ofpowers between the Central Government and the

Bangsamoro regional government. These are: Reserved powers or matters over which

competencies are fully retained by the centralgovernment;

Concurrent powers or aspects of jurisdiction subjectto the shared or joint authorities of the central andregional governments; and

Exclusive powers or competencies that are to be


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devolved to the Bangsamoro.

The FAB has already identified some of the reserved powers.These are:

a) Defense and external security

b) Foreign policy

c) Common market and global trade, provided that

the power to enter into economic agreementsalready allowed under Republic Act No. 9054shall be transferred to the Bangsamoro

d) Coinage and monetary policy

e) Citizenship and naturalization, and

f) Postal service

This leaves the other aspects of governance, which runsalong a wide gamut of governance functions, for negotiation.Finding the language for this that will not only give life to the

intention of the parties, but also be legally defensible anddoable, i.e. politically and administratively feasible, is not asimple task. Learning from the experience of ARMM,Government deems it important that these criteria are met.

This is why Government is currently undertaking technicalconsultations with the departments and line agencies to makesure that the details contained in the drafts are feasible, notonly in legal but also in practical terms. For instance, one ofthe remaining issues in the power-sharing annex has to dowith jurisdiction over transportation and communication.

Given the need to comply with prevailing internationalstandards and our obligations under international law, anysharing of jurisdiction in this regard will have both legal andinternational implications that need to be carefully studied.

When do you expect tofinish the annexes?

The President and his entire cabinet is giving the peacenegotiations the attention it needs and deserves to ensurethat a comprehensive agreement, one that will give us thebest shot for a just and enduring peace in Mindanao, isreached at the soonest possible time. The Government Panelis just as anxious to find workable solutions to thesecontentious issues and is working diligently and with urgencytowards this end. Government is fully aware that time is of theessence and does not wish to pass the buck to the nextadministration to implement the agreement.

What is/are theimplication/s of the fact

Even without the conduct of formal meetings, the peaceprocess continues to move forward.


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that there are noformal negotiationsyet?

What happens now tothe mechanisms onthe ground? (i.e.

ceasefire, TransitionCommission, IMT,Sajahatra)

As mentioned above, the exchange of notes is currentlyongoing and Government hopes that this process will allowthe Parties to gain more clarity with respect to the currentlanguage of the Annexes and lead them to an agreement onthe unresolved issues.

The Transition Commission has met several times and wasable to approve its internal rules of procedure as well as set-up working committees to draft the Basic Law. Governmenthopes that even without the Annexes, the TC can soon startdiscussion on the substantive provisions of the Framework

Agreement that will need to find language in the BangsamoroBasic Law. An example of items that the TC will need tofurther develop is the provision on the BangsamoroGovernment being ministerial in form.

Also, confidence-building measures between the Parties

continue. One example would be the ongoing planning for theprovincial launches of the Sajahatra Bangsamoro.

With respect to our agreements on cessation of hostilities, theceasefire continues to hold well and in fact, no armedskirmishes were recorded for the year 2012. This is testamentto the good working relationship between the Governmentand MILF through the coordinative mechanisms overseeingthe implementation of the ceasefire.

Both Panels are also taking the time to continue consultationswith stakeholders and their respective constituencies. On thepart of the Government Panel, these include engagementswith government agencies not only for legal and technicalconcerns relating to the drafts but also to consolidate supportfor the implementation of the comprehensive agreement andthe prospective Bangsamoro Basic Law.

Documents

Q & a With Chief Negotiator Miriam Coronel-Ferrer on the GPH-MILF Peace Process (as of June 13, 2013)