REACTION PAPER IN FRAMEWORK AGREEMENT ON BANGSAMORO AL-NAJIB R.

SALIH LLB-1A

On 7 October the Government of the Philippines and the leadership of the Moro Islamic

Liberation Front (MILF) concluded a Framework Agreement, which will establish

Bangsamoro, a new autonomous political entity within the Philippines. The Framework

Agreement marks the conclusion of a 15 year long series of peace talks and ceasefires.

It puts an end to the insurgency, which started in 1969, with the goal of achieving

greater autonomy for the Bangsamoro, a native population in southern Philippines.

Although some success was achieved with the conclusion of a similar treaty with the

Moro National Liberation Front (MNLF) in 1996, MILF was unhappy with the terms of

the agreement, and chose to continue pursuing its demands for greater autonomy

through armed resistance.

Once established in 2016, Bangsamoro will replace the Autonomous Region of Muslim

Mindanao, which was created as the result of the 1996 peace agreement. Bangsamoro

will possess extensive autonomy, which includes the right to levy taxes and establish

Shariah courts to try non-criminal cases between Muslims. Most of all, both sides hope

the agreement will open the way for investment and reduce the regions endemic rates

of poverty (38% of its populations live below the poverty line, almost twice the national

average). However, as in 1996, splinter groups could once again oppose the settlement

and continue to oppose the government. One such cell already broke off from MILF last

year, in opposition to the peace talks which have led to the Framework Agreement

Sundays landmark agreement was welcomed by various governments, both in the

region and further afield. Official statements such as those coming out of Indonesia

and Japan praised the conclusion of the peace talks, as well as the role of Malaysia,

which acted as mediator for more than a decade.

The EU has participated in the International Monitoring Team (IMT) which helped

oversee the peace process, and has been contributing to poverty alleviation efforts in

the Mindanao region since 1990. The IMTs EU members joined in congratulating the

government, and greeted the Framework Agreement as historic. Catherine Ashton, the

EU High Representative for Foreign Affairs and Security Policy, issued a statement in

which she congratulated both sides, as well as Malaysia, for facilitating the peace talks.

She furthermore expressed her belief that the Framework Agreement represents a

major step towards peace in Mindanao, which will lead to stability and prosperity.

The projected signing of the Framework Agreement on the Bangsamoro entity between the Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) is

expected to turn over a new leaf not only for the Muslims in Mindanao, but for all

Filipinos.

Director Fatmawati Salapuddin of the Bureau of Peace and Conflict Resolutions of the

National Commission on Muslim Filipinos declared he believes that with this

framework, peace is not that far.

In a phone interview, Salapuddin said that the people just need to understand the

framework agreement, claiming that it is only through this process that peace can be

achieved.

We need to wait for the complete details of the agreement before we can analyze if it

will be successful, said Salapuddin.

University of the Philippines-Diliman-Institute of Islamic Studies Dean Professor Julkipli

Wadi, echoed Salapuddins views in a separate interview. He believed that in the long -

term, the country will have political stability in that part of Mindanao.

Thats very important because no nation has developed that fast if it is being

threatened by insurgent groups, he declared.

However, for Faisar Mambuay, a Muslim who has been living for more than five

decades in Mindanao, people should still be cautious because this framework might be

exploited by other politicians.

We need to see the sincerity of the leader who will sit after the term of President

Benigno S. Aquino III because [this framework] can easily be sabotaged, claimed

Mambuay, who once worked as director in the Department of Agrarian Reforms (DAR)

in the Autonomous Region in Muslim Mindanao (ARMM).

The problem as Wadi saw it can come during the drafting of the Basic Law in Congress,

since he said it is expected that the edited provisions might not be what the GPH and

MILF have exactly agreed upon.

It is a big issue. Its like you first let the MILF in, only to tell them that they will only get

some. Since the MILF has committed already, [there will be no chance to back out], as

the agreement has been signed, added Wadi.

Starting 2016, ARMM will be replaced by the Bangsamoro after the issuance of the

Executive Order, and supported by Congressional resolutions.

On May 13 next year, the ARMM elections will be the last in that region.

Mambuay emphasized that the replacement of ARMM by the Bangsamoro is just a

name [because] whats important is how [everything] will be implemented.

For Wadi, though, the Basic Laws implementation by 2016 is too long a time from its

creation, but for Mambuay, it will really take a long time, since the MILF should first get

ready with their governance and the Philippine government should be able to first

convince all the people concerned.

It will undergo a lot of processes, including the consultation of the Filipinos opinion. There are people who will oppose due to their biases, but we still have to take an

opportunity to know what this peace process is all about, asserted Mambuay, who is

now DAR Director in the Caraga Region.

Before the transition of the ARMM to Bangsamoro, there will be ratification of the Basic

Lawand it will definitely not be easy, according to Wadi.

It will be rough sailing. The problem can come through the so-called tyranny of

majority because there will only be few Muslims. Even if we say that the candidates

come from Mindanao, still, they may not be Muslims, claimed Wadi.

The Islamic affairs analyst added the possibility that the Basic Law might only replicate

what happened to the Moro National Liberation Front founding leader Nur Misuaris

Southern Philippines Council for Peace and Development (SPCPD) in 1996. The crucial

difference, he cited, is that there is a certain degree of transparency in the present

peace pact, where agreements to be signed are clearer.

As for Misuaris opposition, Mambuay cited that the Moro leader only believes that there

are still parts of the agreement with MNLF that have not yet been implemented.

Its true, but [looking] at the beginning of his term, Misuari was given the opportunity,

[which he] wasted. I think this time, he should first observe what the situation will be

As for the small issue of consultation, [I think] Misuari wont allow that he will not be

consulted, said Mambuay.

Still, he maintained that the current status of Mindanao is peaceful.

I experienced the chaos and revolution, but now, the situation is calm, with only

isolated issues or conflicts. It is important that there will be understanding among all

Muslims, non-Muslims and indigenous people, said Mambuay.

Wadi said he believes that peace will reign in southern Philippines if the MILF will be

transformed from being an armed group to a political party.

If the projection will happen, that will be very dramatic. With the MILF becoming a

political party, at least, the major source of insurgency in Mindanao will no longer serve

as a threat to the government. There will be strong guarantee that there will be no more

skirmishes, said Wadi.

Mambuay can only hope and pray for peace in the communities, liking the situation

to a long dark tunnel with growing light at the end.

Wadi expressed hope, as well, saying the peace agreement must be done with good

intention and supported by everyone.

It is high time that these people be given their rightful space, Wadi said

Territory. The core territory of the Bangsamoro is as stated in Article V, Framework Agreement consisting of: a) the present geographical area of the ARMM; b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela (previously not included in the ARMM); and, (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least 10% of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the

Bangsamoro Basic Law and the process of delimitation of the Bangsamoro.

At present, the ARMM is composed of the provinces of Basilan (except Isabela City), Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Previously, it included Shariff Kabunsuan until July 16, 2008 when the Supreme Court declared the "Muslim Mindanao Autonomy Act 201," which created the province, unconstitutional. By virtue of Republic Act 9054, which was passed in 2001 for the expansion of the ARMM, Marawi City (situated within Lanao del Sur) and the province of Basilan (excluding Isabela City) joined the ARMM. Basic Rights. Note that the rights listed in the Agreement are in addition to the rights already enjoyed. Worth mentioning are certain rights that are explicitly articulated in the new Agreement which may not be found in Art. 3, of the 1987 Constitution. These

include the right of women to meaningful political participation, and protection from all forms of violence; and, the right to freedom from religious, ethnic and sectarian harassment. The latter right is significant considering the ethno-linguistic diversity in the region which may be susceptible to religious intolerance.

Also significant under this article is the provision which guarantees respect for vested property rights and recognition of the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization, including those of the indigenous peoples.

As previously intimated, the problem in the south is deeply rooted in land conflicts. The

much-lauded Indigenous People's Rights Act (IPRA) Law of 1997 recognizes the rights of indigenous peoples to their ancestral domain. While IPRA provided a measure of protection against unlawful evictions of indigenous peoples from their territories, it is far from being the silver bullet to the land ownership issues confronted by the Lumad.

Further, the implementation of IPRA poses serious challenges due to overlaps with other laws such as environment and natural resources and forestry laws and provisions on resource access and tenure. In the midst of budgetary constraints, the effective enforcement of its provisions is basically contingent on the internal capacities of the indigenous communities and the extent of external support given to them. Future negotiations between the GPH and the MILF must therefore seriously keep in

mind existing laws on land tenure, including IPRA. A good starting point is to disaggregate the land claim disputes, their underlying causes; define with more clarity the legal parameters of Bangsamoro homeland, ancestral domain, indigenous peoples rights, land titles, vested rights and some other concepts and principles like innocent purchaser in good faith etc; the conflicting interpretation of which continue to spawn land disputes in the Land of Promise land disputes which, if not legally settled, are more often than not, resolved through the barrel of a gun Transition and implementation. Under this article the following shall take place:

Creation of a Transition Commission to work on the drafting of the Bangsamoro Basic Law. Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished. All devolved authorities shall be vested in the Bangsamoro Transition Authority during the interim period. The ministerial form and Cabinet system of government shall commence once the Bangsamoro Transition Authority is in place.

The Bangsamoro Transition Authority will be immediately replaced in 2016 upon the election and assumption of the members of the Bangsamoro legislative assembly and the formation of the Bangsamoro government.

Normalization. As stated, the aim of normalization is to ensure human security in the Bangsamoro. The police system in the Bangsamoro shall remain to be civilian in character accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves. At this stage, the MILF will undertake a graduated program for decommissioning of its forces. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro. The article also provides a commitment by both to work towards the reduction of arms and control of firearms in the area and the disbandment of private armies and other armed groups. Final word. Without doubt the newly signed peace accord is a historic political document. Despite almost insurmountable differences, the two parties focused on their commonalities to arrive at a mutually agreeable peaceful solution to the Bangsamoro problem. It is significant that after several decades, the MILF, the largest armed group representing the Bangsamoro people, has finally relinquished its desire to secede and establish its own separate State. With this new agreement, the MILF has finally decided that even with autonomy their aspirations can be achieved as long as it is genuine and responsive to the needs of their people.

Of course, the conduct of the coming negotiations will be long and hard. Surely, the

devil is in the details. Remember, the Framework Agreement is but a roadmap, a blueprint of sorts that must be fleshed out in future negotiations. Along the way, disgruntled groups, those whose entrenched interests will be threatened and those who may feel left out in the negotiations will register their objections or even repudiate the whole process altogether. The key is to remain optimistic and plod on, no matter what. Being from Mindanao myself, I have often wondered whether peace will come to the land of my birth in my lifetime. With the gains achieved by the parties thus far, I now can see a flicker of light at the end of the tunnel.