Updated Q & A on the GPH-MNLF Peace Process

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    Q&A ON THE STATUS OF THE PEACE PROCESS BETWEEN THE GPH AND MNLFAs of 18 November 2013

    The 1996 Final Peace Agreement refers to the final agreement on the implementation of the 1976 Tripoli Agreementbetween the Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) with theparticipation of the Organization of Islamic Conference Ministerial Committee of The Six and the Secretary General of theOrganization of Islamic Conference.

    What are the provisions included in the 1996 FPA and its corresponding status of implementation?

    The Agreement has two phases:

    Phase I, Transitory Period which commenced immediately upon the signing of the Agreement resulted to the:

    Integration of 7,500 MNLF elements into the ArmedForces of the Philippines (AFP) and Philippine NationalPolice (PNP), out of the 5,750 slots provided in the FPA; Establishment of the Special Zone of Peace and Development (SZOPAD) and its transitory structures andmechanisms: Southern Philippines Council for Peace and Development (SPCPD) and Consultative Assembly; Provision of socio-economic development programs from the government and ODA that combined, amounted toaround Php109 billion from 1996 to 2004.

    Phase II involved the amendment or repeal of RA 6734 and the establishment of a new autonomous government.

    Republic Act 9054 An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled An Act Prov iding for the AutonomousRegion in Muslim Mindanao, as Amended, was passed by Congress, and lapsed into Law in 2001, whichincorporated other provisions of the FPA in the establishment of the New Regional Autonomous Government; RA 9054 was ratified on 14 August 2001 in a plebiscite conducted in 15 provinces and 14 cities in Mindanaoresulting to a new ARMM with an expanded territory covering five provinces and one city:

    1. Maguindanao (except Cotabato City)2. Tawi-Tawi3. Sulu

    4. Lanao Del Sur5. Basilan (except Isabela City)6. Marawi City

    Elections were held in November, 2001 that resulted to the election of a new Regional Governor and RegionaVice-Governor, and members of the Regional Legislative Assembly; Implementation of the provisions of the FPA in the establishment of the New Regional Autonomous Governmenas included in RA 9054 were undertaken by the National Government and the ARMM Regional Government.

    Why is there a Tripartite Implementation Review of the 1996 FPA?

    While OIC member states acknowledged in its four (4) resolutions the substantial completion of Phase I of the FinalPeace Agreement, there had been contentions between the GPH and MNLF on the implementation of Phase II of theFPA.

    Hence, the OIC called for the conduct of a high-level tripartite meeting to review the implementation of the 1996 FPA andmake its assessment of the progress made as well as obstacles facing its full implementation with a particular focus onPhase II.

    The Tripartite Review was also mandated to draw up modalities for a new joint monitoring committee to observe theimplementation of the 1996 FPA.

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    What is the status of the GPH-OIC-MNLF Tripartite Implementation Review?

    The Parties were able to achieve the following under the Tripartite Review Framework:

    Amendatory bill to RA 9054 for the full implementation of the FPA was drafted that contained the 42consensus points

    Partnership in ARMM Governance Reform and Development that involve the appointment of Senior MNLFleaders in the OIC Government in the ARMM both at the Executive and Legislative branches andimplementation of peace and development programs such as Transition and Investment Support Plan (TISP)and Payapa at Masaganang Pamayanan (PAMANA) in the ARMM and in MNFL communities

    Establishment of the Bangsamoro Development Assistance Fund (BDAF)TOR completed and submittedto the Islamic Development Bank (IDB)

    Establishment of a Tripartite Implementation Monitoring Committee (TIMC) upon the completion of thereview process to monitor all Tripartite Agreements

    The GPH proposed to complete the Tripartite Review Process, which was thoroughly discussed with the OIC-PCSP Chairwho clearly understood our position that the completion of the almost 6-year review process will not result in the closure ofthe 1996 Final Peace Agreement. This was manifested by the letter to the OIC Secretary General of Indonesian ForeignMinister Dr. Marty Natalegawa, which the Indonesian Ministry shared with us, that stated the GPH conveyed itsassurances that in the case of the closure of the Tripartite Implementation Review Process, GPH will continue to engagerelevant parties of the MNLF, through existing mechanism, to find a just and comprehensive political solution for the issue

    of the Southern Philippines.

    What happened to the proposed bill that aims to amend RA 9054?

    Nur Misuari did not agree to the submission of the proposed bill to amend RA 9054 until his three remaining issues areresolved.

    What are Nur Misuaris unresolved issues and the GPH responses on these issues?

    Nur Misuari insists on the following three issues:

    .1 Plebiscite on territory

    This provision was already complied with through the conduct of a Plebiscite on 14 August 2001, with theratification of RA 9054 in the provinces of Sulu, Tawi-Tawi, Basilan, Maguindanao, Lanao del Sur and MarawiCity.

    Likewise, the government explained that another Plebiscite will be held upon passage of a new Basic Law. Theissue on the expansion of territory will be decided by Congress as will be incorporated in the said new Basic Law.

    2. Provisional government

    The 1996 FPA does not provide for a provisional government in the ARMM territory, but for the establishment of atransitional implementing structure and mechanism, which was satisfied through the establishment of theSouthern Philippines Council for Peace and Development (SPCPD) that was chaired by Nur Misuari himself,concurrently as Regional Governor of ARMM.

    There had not been any need for a Provisional Government since Nur Misuari ran as Administration candidate forthe Regional Governor post during the 9 September 1996 elections in ARMM. His win and assumption of theRegional Governor post immediately after the signing of the GPH-MNLF Final Peace Agreement on 2 September1996, began MNLFs exercise of political leadership over ARMM for a total of nine (9) years.

    3. Sharing on strategic minerals:

    The GPH explained that the issue brought forward by Nur Misuari does not need legislative action, and canalready be resolved by the executive.

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    The issue was resolved with an agreement on language as adopted under the joint statement at the 1st FormaMeeting of the Ad Hoc High Level Group in Solo, Indonesia June 20-22, 2011.

    What is the stand of the GPH on the Tripartite Implementation Review?

    The GPH position is that all the issues attending the Tripartite Implementation Review has already been resolved and thait is now the right time to complete the process and implement what will be agreed upon under the TripartiteImplementation Review framework.

    When is the next tripartite meeting?

    The Parties were scheduled to hold the 5th meeting of the GPH-OIC-MNLF Tripartite Review on the Implementation of the1996 Final Peace Agreement (FPA) on September 16 in Yogyakarta, Indonesia.

    However on September 13, the Philippine Government through the Department of Foreign Affairs (DFA) received from theEmbassy of the Republic of Indonesia a Note Verbale concerning the postponement of the 5th Session of the GPH-OIC-MNLF Tripartite Implementation Review Meeting scheduled on 16 September 2013.

    The formal communication conveyed a copy of the Note Verbale dated 12 September 2013, addressed to the OICSecretary General from the Ministry of Foreign Affairs of the Republic of Indonesia, which serves as the Chair of the OICPCSP.

    The said Note Verbale to the OIC Secretary General relayed the receipt of Indonesia of a letter from the Chair of theMNLF Secretariat requesting for the postponement of the Tripartite Meeting to a later date, preferably in the 1st week oOctober 2013. It stated that the request was made by MNLF Chair Nur Misuari due to the situation in Zamboanga City.

    The Department of Foreign Affairs has accordingly conveyed to the Indonesian Embassy that the Government will respectthe decision of the OIC-PCSP Chair.

    What is the GPHs reaction to the postponement of the tripartite review meeting?

    The GPH considered it unfortunate that this opportunity for a face-to-face meeting that had been set precisely to discussthe status of the Tripartite Implementation review and the future of this peace process is yet again delayed.

    The GPH conveyed to the Chair of the OIC-PCSP a concern that this meeting should not be indefinitely postponed.

    Indonesias Note Verbale to the OIC Secretary General stated that the new schedule and venue of the Tripartite meetingwill be communicated following consultations with both parties.

    What were the Aquino administrations initiatives to fulfill the Governments commitments in the 1996 GPH-MNLFFPA?

    Upon his assumption in office in 2010, President Aquino ordered to fast track the review of the remaining unresolvedissues, and to continue the implementation process.

    In the past three years, several technical working groups as well as an ad hoc high- level group--consisting of fiverepresentatives from the GPH and five representatives from MNLF and the participation of the OIC-PCSP were createdto find ways to reach mutually-acceptable solutions of the issues.

    As part of the governments commitment to the implementation of the 1996FPA, mechanisms agreed upon by both theGPH and the MNLF were put in place for cooperation in the implementation of peace and development programs focusedon MNLF communities:

    ARMM EO No. 9 s. 2012 establishing satellite offices in the provinces of Basilan, Sulu and Tawi-Tawi(BaSulTa) to fast track delivery of basic social services

    ARMM EO No. 23 s. 2012 reconstituting the Joint Monitoring Committee and Renaming it as the Joint Peaceand Development Monitoring Committee (JPDMC)

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    The ARMM government and the MNLF also signed a memorandum of agreement (MOA) for cooperation in theimplementation of peace and development programs and projects in MNLF communities. The MOA was signed by AttyRandolf Bong Parcasio on behalf of MNLF Chair Nur Misuari and former ARMM Executive Secretary Atty. AnwaMalang. In line with this MOA, the ARMM Regional Government took the initiative to convene 50 MNLF senior leaders onAugust 31 to September 1 to explore venues of partnership with the group in advancing development programs for MNLFcommunities through PAMANA. During the two-day meeting, the MNLF senior leaders affirmed their commitment to the1996 Final Peace Agreement as well as partnership for peace and development.

    The present administration also puts premium in uplifting the lives of the Moro communities in the ARMM. Theseprograms include the P8.589-billion Transition and Investment Support Plan (TISP), and the P1.469-billion (2013 budget)Payapa at Masaganang Pamayanan (PAMANA)-Peace and Development Communities. PAMANA in Muslim Mindanaobenefits mostly MNLF communities. As of this writing, 201 projects have already been turned over to MNLF PDCs with anallocation of P646.2 million (since 2011).

    The establishment of a Bangsamoro Development Assistance Fund (BDAF) for Southern Philippines will be implementedupon approval of the OIC and the Islamic Development Bank (IDB). BDAF is pursuant to the agreement of the GPH andthe MNLF legal panels on May 30, 2010 in Surabaya, Indonesia.

    Is there truth in Nur Misuaris cla ims that the Philippine government terminated the 1996 FPA?

    No. The Philippine government remains committed in pursuing the 1996 FPA with the MNLF. What the Philippinegovernment wants is to finally complete the tripartite review process in order to proceed with the implementation of those

    items agreed upon during the review. In fact, the completion should be seen as another milestone in the 1996 FPA and anachievement of the GPH, the MNLF and the OIC as members of the tripartite review process.

    Even the OIC Peace Committee on Southern Philippines (OIC-PCSP) strongly supports the request of the Philippinegovernment for the completion of this process.

    Is GPH terminating the 1996 FPA with the signing of the FAB and pursuing a comprehensive agreement with theMILF?

    No. The GPH is not terminating the 1996 FPA. Rather, it is pushing for the completion of the Tripartite Review Process.

    What is the impact of the FAB to the Tripartite Implementation Review?

    We have always maintained that the Framework Agreement on the Bangsamoro is inclusive of all the concerns of theBangsamoro. The crafting of the Bangsamoro Basic Law is not just an exercise for the MILF. It is an exercise that seeksto respond to and/or address the aspirations of the entire Bangsamoro.

    Was the MNLF spurned while the Aquino government holds talks with the MILF?

    It is not true that the Aquino government ignored the MNLF or Nur Misuari. In reality, Misuari wanted to be the OICARMMgovernor. The Zamboanga siege happened not because he was ignored, but because he was unhappy and the peaceprocess cannot give him what he wants which is perpetual entitlement to the leadership of ARMM.

    In fact, the Aquino government has made various efforts to ensure that the MNLF (both the Misuari and Sema factions)are on board the peace process with the MILF. The GPH has invited both Misuari and then Vice Mayor Sema directly andthrough the Indonesian facilitators to submit nominations for the Transition Commission (TC) in order for them to formallybe included in this process. Both of them declined. Nevertheless, the government has ensured with the GPH members ofthe TC to consider the legislative agenda of the MNLF as inputs in the Bangsamoro Basic Law, specifically the 42consensus points on amendments to RA 9054.

    All the existing factions in the MNLF are engaged by the government through consultations and socio-economicinterventions especially in Moro communities in Mindanao. Several agreements were also achieved to strengthen thepartnerships between the government and the MNLF such as the Solo agreement in 2011, where both sides agreed tojointly work in reforming the ARMM.

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    The ARMM Regional Government has likewise inked several agreements with the MNLF leaderships in the establishmentof peace and development monitoring mechanisms in the implementation of programs and projects focused on peace-building initiatives in MNLF communities.

    MNLF leaders also play a major role in the implementation of various socio- economic programs in their communitiesTheir primary task is to identify the communities and development needs.

    What is the impact of Nur Misuaris alleged declaration of an independent Bangsamoro Republik to thegovernments peace initiatives in Mindanao?

    Nur Misuaris action is not only counter-productive to the achievements of the 1996 FPA and the TripartiteImplementation Review Process, but also jeopardizes the peace process in Mindanao.

    His pronouncements provide misunderstanding and misrepresentation of what is the reality and sow confusion andapprehension among the people who have long been caught in conflict.

    What was OPAPPs reaction to the September 9 attack staged by the MNLF Misuari group in Zamboanga City?

    The Office of the Presidential Adviser on the Peace Process has called for calm and sobriety and appeals to the people tosupport and pray for the peaceful resolution of this conflict. The government is doing its best to restore peace and order inZamboanga City and bring justice to the perpetrators of atrocities.

    It remains committed to resolving the Mindanao conflict through inclusive dialogue and formal peace negotiations. OPAPP

    with the DFA has been conducting close consultations with Indonesia as Chair of PCSP regarding the latest development,and in light of the planned Tripartite meeting, which was postponed upon request of Nur Misuari through the MNLFSecretariat.

    How will the September 9 MNLF attack in Zamboanga City impact on the ongoing GPH-MILF peace negotiations?

    The attacks perpetrated by the MNLF Misuari group will not in any way hamper the efforts of the government and theMILF to complete the remaining annexes on power sharing and normalization and forge a Comprehensive Agreementwithin the year. The 40th Formal GPH-MILF Exploratory Talks continues in Kuala Lumpur.

    During the Opening Ceremony of the peace negotiations, the parties issued a joint statement condemning the violence inZamboanga City and affirming their commitment to pursuing the peace process to its just and right ful conclusion, in thebelief that it is through partnership that institutions reflective of the true needs and aspirations of the Bangsamoro and

    other peoples of Mindanao shall be installed.

    What were the actions of the OIC-PCSP in response to the Zamboanga crisis?

    GPH was the one who asked Indonesia to open their communication lines to assist in finding a peaceful resolution to theZamboanga incident to which they agreed and accordingly gave instructions to their embassy here. Embassy officialsexplained to us that this meant that their lines would be open to receive and transmit messages from one side to the otherbut that they did not see it to be within their role to proactively make a call to either side.

    Did the GPH ask for the OIC-PCSPs intervention to help resolve the Zamboanga crisis?

    We relayed to Indonesia last Tuesday (Sept. 10) and to the entire OIC peace committee last Thursday (Sept. 12) ourrequest if they could help in any way in resolving the situation. None of the eight countries present offered a proposal. Weunderstand from Indonesia that in the several times they received a message from the Misuari group last week, the onlytopic they raised was regarding travel arrangements to attend the meeting in Yogyakarta, until they asked forpostponement of meeting last Thursday. In response to our inquiry, they clarified that the Misuari group never asked oroffered to talk about resolving the crisis in Zamboanga.

    What actions has OPAPP undertaken to help resolve the crisis in Zamboanga?

    OPAPP has been coordinating with various groups and providing advice and assistance on the ground to help put apeaceful end to the internal conflict in Zamboanga.

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    Since violence erupted on Sept. 9, Presidential Adviser on the Peace Process Teresita Quintos Deles has been in touchwith Malacaang, Indonesian Embassy and the OIC-PCSP. OPAPP Undersecretary Jose Lorena, on the other hand, hasbeen closely coordinating with the Crisis Management Committee, which is chaired by Zamboanga City Mayor BengClimaco, and the Armed Forces of the Philippines. Since last week, hes been meeting with various MNLF leaders toconvince remaining members of the Misuari-led MNLF forces not to reinforce their comrades in Zamboanga andneighboring provinces of Sulu and Basilan. Among the MNLF leaders he has met were Muslimin Sema, head of anotherMNLF faction; Abdul Kong Sahrin, secretary general of the MNLF central committee; Edmun d Gumbahali, president othe Panglima Hawani Foundation; Yusoph Jikiri, former Sulu governor and MNLF commander; Abi Bakrin Lukmanmember of the Council of 15; Abdul Gadjir Ismael, senior officer; Abuo Amri Tadick, deputy chief of staff for politicaaffairs; Rasul Razdy, chief of staff for administration; and Sampang Kursid.

    OPAPP is there as a resource, not as head of the crisis committee since the crisis is a detailed security situation in whichthe agency has no competence to address.

    OPAPPs work is negotiated political settlement. When a crisis like this happens, polit ical discussions are out of thequestion as government cannot negotiate when a gun is being pointed at it. The government should protect the peaceprocess. As Secretary Deles put it, You bring it out of the line of fire because you need the negotiating table for the more long-term negotiations and that is what we have been focusing on.

    For updates on this document, please visithttp://opapp.gov.ph/resources/questions-and-answers-gph-mnlf-peace-process

    http://opapp.gov.ph/resources/questions-and-answers-gph-mnlf-peace-processhttp://opapp.gov.ph/resources/questions-and-answers-gph-mnlf-peace-processhttp://opapp.gov.ph/resources/questions-and-answers-gph-mnlf-peace-process