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No.

2007-04

Abhoud Syed M. Lingga

NEGOTIATING PEACE IN MINDANAO

Institute of Bangsamoro Studies


The views expressed in the Occasional Papers are those of the author(s) and not necessarily of the IBS.

Negotiating Peace in Mindanao


By Abhoud Syed M. Lingga

Abhoud Syed M. Lingga is the executive director of the Institute of Bangsamoro Studies. He holds Master of Arts in
Islamic Studies and Master of Arts in Education degrees. He participated in a number of trainings, among which
are on conflict prevention and peace building conducted by the United Nations Institute for Training and Research;
human rights and people’s diplomacy by the Diplomacy Training Program of the University of New South Wales,
local government and civil society by Friedrich Naumann Stiftung in Germany, and various trainings on
leadership and management. He participated in various sessions of the United Nations Working Group on
Indigenous Populations in Geneva.

For some years he had been Associate Professor at the Mindanao State University in Maguindanao and lecturer at
Cotabato City State Polytechnic College, Sultan Kudarat Islamic Academy Foundation College, and Mindanao
State University Buug College. His research interests are on Bangsamoro self-determination, conflict management,
human rights, sustainable development, and Islamic education. As accomplished author and writer, he has
published numerous articles in local and international journals and chapters of books.

Prof. Lingga is an active member of various non-government organizations, and has served in management
capacities in various public and private sector organizations.

The Institute of Bangsamoro Studies (IBS) is a non-profit and non-government institution the
functions of which are to carry out research on Bangsamoro history, culture, politics, economy and
contemporary affairs; conduct trainings to capacitate the youth, women and the poor; and render
community services to poor and conflict affected communities.

Institute of Bangsamoro Studies


Hadji Daud Bldg., Campo Muslim
Cotabato City 9600, Philippines
Telefax: +63-64 4213551 Email: Hmorostudies@yahoo.com
http://www.bangsamorostudies.org
Negotiating Peace in Mindanao
Abhoud Syed M. Lingga

This paper is an account of the efforts to resolve the conflict in Mindanao between
the Government of the Republic of the Philippine (GRP) and the Bangsamoro liberation
fronts through peaceful means. Specifically, it examines the negotiations between the
government and the Moro National Liberation Front (MNLF), and the current peace
talks between the government and the Moro Islamic Liberation Front (MILF), the two
mainstream Bangsamoro liberation organizations. Hopefully, from these accounts
lessons can be drawn in addressing other intra-state conflicts in the region.

Why the Conflict? rights as guaranteed by various United


Nations instruments guaranteeing peoples’
The problem in Mindanao is sovereignty- right to determine their political status.
based. The Bangsamoro liberation fronts
assert sovereign right over a territory that the Before the arrival of the Spanish
Philippine Government is currently exercising colonialists, the Bangsamoro were
sovereign power over and which it considers already in the process of state formation
part of the national territory. The foundation and governance 2 . Their sultanates were
of the Philippine claim is that the territory was engaged in trade and diplomatic
part of what the United States granted to the relations with other countries in Asia,
Philippine state when independence was
including China. The attempts of the
proclaimed on July 4, 1946. On the other
Spanish colonial government to
hand, the Bangsamoro 1 contend that the
subjugate the sultanates never
incorporation of their territory into the
Philippines was without their plebiscitary succeeded 3 . For this reason, Bangsamoro
consent, a blatant violation of their human nationalists insist that the Muslim
territories were not part of what was
1 The Muslims who traditionally inhabited Mindanao, the ceded by Spain to the United States in
islands of Basilan and Palawan, and the Sulu and Tawi-Tawi
archipelago in the south of the Philippines identify themselves
2
as Bangsamoro. The name Moro was given by the Spanish The Sulu Sultanate was established in the middle of
colonizers to the Muslims in Mindanao whom they found to the 15th century and the Magindanaw Sultanate in
have the same religion and way of life with the Muslims of early part of the 16th century. See Cesar Adib Majul,
North Africa who ruled the Iberian Peninsula for centuries. Muslims in the Philippines, Quezon City: University
The Malay word bangsa, which means nation, was prefixed to
suggest distinct nationhood. The term has find place in official
of the Philippines Press, 1999, pp. 1-37.
3
documents of the Organization of Islamic Conference and The wars between Spain and the Muslims in
agreements between the Government of the Republic of the Mindanao was lumped by historians under the
Philippines (GRP) and the Moro Islamic Liberation Front heading “Moro Wars.” For detailed accounts of the
(MILF). Moro Wars, see Majul, pp. 121-375.
the Treaty of Paris of 1898, simply because Mindanao and Sulu in the political entity
Spain never exercised effective to be organized for the Filipinos.
sovereignty over these areas.
Even after their territories were made
Even during the American occupation, part of the Republic of the Philippines in
the Bangsamoro continued to resist 1946, the Bangsamoro people continued
attempts to subjugate them. They also to assert their right to independence.
continued to assert their right to a separate Congressman Ombra Amilbangsa filed
independent state. When the U.S. House Bill No. 5682 during the fourth
Government promised to grant session of the Fourth Congress that
independence to the Philippines, the sought the grant and recognition of the
Bangsamoro leaders registered their independence of Sulu 6 . When the bill
strong objection to be part of the ended up in the archives of Congress,
Philippine Republic. In the petition to the the then provincial governor of
United States President dated June 9, 1921, Cotabato, Datu Udtog Matalam, issued
the people of Sulu archipelago said that the Mindanao Independence Movement
they would prefer to be part of the United (MIM) manifesto on May 1, 1968 that
States rather than to be included in an called for independence for Mindanao
independent Philippine nation 4 . and Sulu 7 .

At a meeting in Zamboanga on This peaceful movement for


February 1, 1924, Bangsamoro leaders independence was deflected when the
proposed in their Declaration of Rights Ilaga, which were government-backed
and Purposes that the “Islands of Christian militias, attacked Muslim
Mindanao and Sulu, and the Island of communities in the early 1970s, burning
Palawan be made an unorganized territory mosques and houses, and massacring
of the United States of America.” 5 They hundreds of people, including women
were anticipating a U.S. move to and children. The Muslims were left
decolonize its colonies and other non-self with no other alternative but to fight
governing territories, which would mean back to defend themselves and their
that the Bangsamoro homeland would be communities. The MNLF came into to
granted separate independence. In Lanao, existence to lead the struggle.
the leaders who were gathered in
Dansalan (now Marawi City) on March 18, Talking Peace
1935 appealed to the U.S. Government and
the American people not to include Immediately after the conflict flared
up, the Muslim World took an interest
in its peaceful resolution. The
Organization of Islamic Conference
4
Text of the petition reprinted as Appendix C, in Salah (OIC) had played an active role in the
Jubair, Bangsamoro: A Nation Under Endless Tyranny,
Kuala Lumpur, Malaysia: IQ Marin Sdn Bhd, 1999, pp.
6
293-297. See Jubair, pp. 304-305.
5 7
Text of the petition was reprinted as Appendix D, in Text of the petition reprinted as Appendix F, in
Jubair, pp. 298-303. Jubair, pp. 306-313.
negotiations between the Philippine the OIC delegation. President Ferdinand
government and the MNLF throughout E. Marcos met President Suharto of
from 1975 to 1996 8 . Today, Malaysia is Indonesia on May 29, 1974 in Menado,
facilitating the on-going peace talks Indonesia and discussed, among other
between the GRP and the MILF. issues, was the problem in Mindanao.
During the Kuala Lumpur meeting on
GRP-MNLF Negotiations June 21-25, 1974, the OIC urged the
Philippine government to find a
The Third Islamic Conference of peaceful solution to the conflict through
Foreign Ministers (ICFM) of the OIC held negotiations with the MNLF.
in Jeddah, Saudi Arabia on February 29 to
March 4, 1972 took cognizance of the Through the mediation efforts of the
problem of the Muslims in South OIC, representatives of the Philippine
Philippines and decided “to seek the good government and the MNLF met in
offices of the Government of the Jeddah, Saudi Arabia, on January 18-19,
Philippines to guarantee the safety and 1975. This was the start of formal
property of the Muslims” as citizens of negotiations between the two parties.
the country. 9 It authorized the OIC The Jeddah meeting showed no
Secretary General to contact the progress initially because of serious
Philippine government. The following disagreements on many issues. In an
year, the OIC decided to send to attempt to reconcile the differences, the
Mindanao a fact-finding delegation OIC put forward a plan of action as a
composed of the foreign ministers of basis for the settlement of the problem.
Libya, Senegal, Somalia and Saudi The plan of action was in accordance
Arabia. It also urged Indonesia and with Resolution 18 of the Fifth Islamic
Malaysia to exert their good offices to Conference of Foreign Ministers, which
help find a solution within the framework called for establishment of an
of the Association of Southeast Asian autonomous region for the Muslims, at
Nations (ASEAN). the same time respecting the territorial
integrity and sovereignty of the
In August 1973, OIC delegations Philippines.
visited Muslim communities in Mindanao
and Sulu. Foreign Minister Al-Shakaff of In his desire to bring back the
Saudi Arabia was in Manila from March 9 government and the MNLF to the
to 13, 1974 to follow up earlier efforts of negotiating table, OIC Secretary General
Dr. Karim Gaye met President Marcos
8 in Nairobi, Kenya in May 1976. In that
See Julkipli M. Wadi, “Islamic Diplomacy: A Case
Study of the O.I.C. and the Pacific Settlement of the meeting Dr. Gaye underscored the
Bangsamoro Question (1972-1992),” master’s thesis, urgency of the resumption of the peace
Institute of Islamic Studies, University of the talks. President Marcos invited Dr. Gaye
Philippines, 1993.
9
Resolution No. 12 (Resolution on the Situation of to visit Manila. Dr. Gaye and the
Moslems in the Philippines), Third Islamic Conference Quadripartite Commission were in
of Foreign Ministers, Jeddah, Saudi Arabia, 29 Manila on August 22, 1976 and got the
February – March 4, 1972.
commitment of President Marcos for an composed of representatives from the
early resumption of the talks. It was also GRP, MNLF and OIC Quadripartite
agreed during the conversations that an Commission was created to oversee the
invitation would be extended to the first implementation of the ceasefire
lady, Imelda Romualdez Marcos, to visit agreement. At the beginning the truce
Libya. was holding but it collapsed towards
the end of the year.
President Marcos designated his wife
as his special envoy, and her visit resulted The details in the Tripoli Agreement
in the establishment of diplomatic were to be discussed later by a mixed
relations between the Philippines and committee composed of the
Libya. The Philippines also agreed to an representatives of the government and
early resumption of negotiations. The the MNLF. This mixed committee met in
stalled talks resumed on December 15-23, Tripoli in February 1977, but came to no
1976 in Tripoli, Libya under the auspices agreement. The highest level of
of the OIC, with Libyan foreign minister intervention was sought to save the
Dr. Ali Treki presiding. The talks negotiations, which had a deadline of
culminated in the signing of the Tripoli March 3, 1977. Telephone conversations
Agreement of 1976 10 . The Tripoli between President Marcos and
Agreement provided the establishment of President Ghadaffi took place.
autonomy for Muslims in Southern President Marcos again sent his wife to
Philippines, within the realm of the Tripoli. After an exchange of cables
sovereignty and territorial integrity of the between the two presidents, an
Philippines, covering thirteen provinces. agreement was reached. This involved
Under the agreement, foreign policy, (1) a decision to be issued by the
national defense, and mines and mineral President of the Philippines declaring
resources are under the competence of the autonomy in the thirteen provinces
Central Government. The autonomous covered in the Tripoli Agreement; (2) a
region has the authority to set up its own provisional government to be formed
court, schools, legislative and with the participation of the MNLF and
administrative system, financial and the inhabitants of the areas under
economic system, regional security forces, autonomy; and (3) a referendum to be
and representation and participation in all held in the areas of autonomy
organs of the state. concerning the administrative
arrangements within these areas. The
Subsequently, formal ceasefire took Ghadaffi-Marcos agreement became the
effect on January 20, 1977. A committee basis for the Philippine government to
unilaterally implement the Tripoli
10
For chronology of events that took place from the Agreement, which was strongly
signing of the Tripoli Agreement between the GRP and objected by the MNLF because the
MNLF in 1976 to the signing of the 1996 peace accord,
see Magsaysay S. Werble, “The Mindanao Peace details of the provisions of the Tripoli
Process: Chronology of Events from Tripoli to Jakarta Agreement were still under discussion
1976-1996”, master’s thesis, Institute of Islamic by the GRP and MNLF negotiating
Studies, University of the Philippines, 1996.
panels. The implementation of the Tripoli ARMM was to establish a regional
Agreement, in the MNLF view, had to be autonomous government in Muslim
undertaken jointly by the Philippine Mindanao within the framework of the
government and the MNLF with the constitution, national sovereignty and
participation of the OIC. The negotiations territorial integrity of the Republic of
remained stalemated until President the Philippines, and “to ensure the
Marcos was removed from power in 1986 peace and equality before the law of all
in a popular revolt known as EDSA I people in the Autonomous Region.” The
people’s power revolution. organic law 11 governing ARMM, which
provided the basic structure of the
After President Corazon C. Aquino autonomous government, was signed
assumed the presidency in 1986, the into law on August 1, 1989, and the first
Philippine government initiated the ARMM election was held on February
revival of the talks. The President sent 12, 1990.
Aquilino Q. Pimentel, Jr. and her brother-
in-law Agapito A. Aquino to Jeddah to It was under the presidency of Fidel
meet MNLF chairman Nur Misuari. The V. Ramos that agreement on the full
meeting on January 3-4, 1987 resulted in implementation of the Tripoli
the signing of the Jeddah Accord, which Agreement of 1976 was reached. The
provided that the discussion on the accord signed in Manila on September 2,
proposal for the granting of full 1996 embodied the totality of all
autonomy shall continue and that a joint agreements, covenants and
commission would be created to “discuss understanding between the government
and draft the mechanism and details of and the MNLF 12 . Prior to the signing of
the proposal for the grant of full the agreement, several rounds of talks
autonomy.” Showing her resolve, were held in Tripoli, Jakarta and
President Aquino set aside protocol and Mindanao with the active mediation of
security concerns and flew to Jolo, Sulu
on September 5, 1986 to meet Nur
11
Misuari. Republic Act No. 6734, otherwise known as An
Act Providing for an Organic Act for the
Autonomous Region in Muslim Mindanao.
The negotiations were again on track, 12
MNLF spokesman Abraham Iribani wrote a
but the two parties were not able to detailed account of the GRP-MNLF negotiations for
the period from 1992 to its conclusion in 1996 in his
reconcile their differences. The book, Give Peace a Chance: The Story of the GRP-
commission that drafted the 1987 MNLF Peace Talks. Mandaluyong City, Philippines:
Philippine Constitution provided for the Magbasa Kita Foundation, Philippine Council for
organization of autonomous regions for Islam and Democracy, and Konrad Adenauer
Stiftung, 2006. President Fidel V. Ramos wrote also
Muslim Mindanao and the Cordilleras. his own account in his book, Break not the Peace:
With this constitutional mandate, The Story of the GRP-MNLF Peace Negotiations,
President Aquino proceeded to establish privately printed, 1996. GRP negotiating panel
member Prof. B. R. Rodil had his own story in his
the autonomous region known as the book, Kalinaw Mindanao: The Story of the GRP-
Autonomous Region for Muslim MNLF Peace Process, 1975-1996, Davao City,
Mindanao (ARMM). The mandate of the Philippines: Alternate Forum for Research in
Mindanao, 2000.
Indonesia. The 1996 peace accord defined extent of the implementation. To this
the specific provisions of the Tripoli day, the MNLF, at least the Nur Misuari
Agreement of 1976 which were left for faction, continues to accuse the
discussion in later negotiations. government of violating and not
implementing some provisions of the
The 1996 Peace Agreement was to be peace agreement. The MNLF asserts
implemented in two phases. During that Republic Act 9054 watered down
phase one, the Special Zone of Peace and the 1996 Peace Accord. On the other
Development (SZOPAD), the Southern hand, the government maintains that it
Council for Peace and Development faithfully implemented the accord.
(SPCPD) and Consultative Assembly Attempts to convene a meeting among
were to be established covering the the OIC, GRP and the MNLF to resolve
provinces mentioned in the Tripoli these differences have not so far
Agreement. It is also during this succeeded.
transitional period that integration of
MNLF forces into the Armed Forces of the GRP-MILF Negotiations
Philippines (AFP) and the police force
would start. Full implementation of the After Misuari acceded to the wishes
agreement would be in phase two, after of the OIC to drop the front’s bid for
the Organic Act (Republic Act 6734) of the independence and instead settle for
ARMM was amended to include the autonomy, a faction led by Salamat
provisions of the agreement. The 1996 Hashim broke away from the MNLF in
GRP-MNLF peace agreement did not 1977 and formed the MILF to continue
changed the mandate of the ARMM. The the struggle to regain Bangsamoro
ARMM was placed under the leadership freedom and independence. The MILF
of the MNLF with the election of MNLF organized its own political machinery
Chairman Nur Misuari as Regional and armed forces separate from the
Governor on September 9, 1996. MNLF.

On March 31, 2001 Republic Act 6734 Although the MILF was as strong of
was amended and became Republic Act a force as was the MNLF, the national
9054, the new Organic Act for the ARMM. government confined negotiations with
A plebiscite was conducted on August 14, the MNLF until a peace accord was
2001, which ratified Republic Act 9054 signed in 1996. Peace overtures with the
and expanded ARMM with the inclusion MILF were limited to informal contacts.
of the province of Basilan and city of This was because the MNLF that was
Marawi. the signatory to the Tripoli Agreement
of 1976, not the MILF. In addition, the
The differences between the OIC recognized the MNLF as the sole
Government and the MNLF did not end representative organization of the
with the signing of the agreement, Muslims in southern Philippines. For its
because both parties could not agree on part, the MILF did not want to
how to implement the accord and the complicate the GRP-MNLF peace talks.
MILF chairman Salamat Hashim was prevent the fighting from spilling over
reported to have said: “The MILF is to other areas, the GRP and MILF
maintaining a consistent policy towards Technical Committees on Cessation of
the peace process. We will reject any Hostilities met on January 27 and signed
attempt by the Philippine government to an agreement for an interim cessation of
open separate negotiations with the MILF hostilities in Buldon. On June 17, 1997
unless the GRP-MNLF talk is finally the AFP launched massive military
concluded.” 13 operations in Pagalungan, Sultan sa
Barongis and Pikit. Consequently, the
When the GRP was certain that final MILF refused to return to the
agreement with the MNLF would be negotiation table until the situation in
reached, it contacted the MILF. On the area normalized.
August 3, 1996, Executive Secretary
Ruben Torres met MILF vice chairman for The worsening situation prompted
political affairs Ghadzali Jaafar in Davao Vice Chairman Jaafar and Secretary
City and relayed the desire of the Torres with their respective parties to
Philippine government to enter into meet in Cagayan de Oro City on July 17-
formal negotiations with the MILF. Vice 18, 1997. At the end of that meeting, an
Chairman Jaafar and Secretary Torres met agreement for general cessation of
again on September 9-10 at Cagayan de hostilities was signed. The two parties
Oro City to discuss the cessation of agreed, among others, “to commit the
hostilities and the creation by both parties armed forces of the GRP and MILF to a
of their respective technical committees, General Cessation of Hostilities.” On the
which would draw the talking points and same day, another agreement was
the guidelines of the proposed ceasefire. signed, which provided that the Armed
After exchanges of communications, the Forces of the Philippines would
technical committees of both parties were withdraw from Rajahmuda in Pikit on
organized. July 23 and the MILF committed not to
reoccupy the area in order to normalize
The GRP and MILF technical the situation. Upon the request of the
committees met on January 7, 1997. This government, the second agreement was
meeting marked the beginning of the not released to the media.
official negotiations between the two
parties. But before the second meeting Subsequent meetings of the GRP-
was convened, armed confrontations MILF Technical Committees were
between the two protagonists erupted in focused on the cessation of hostilities.
Buldon, Maguindanao from January 16 to Agreements were mainly on the
27, 1997, when the AFP attempted to operational guidelines of the general
intrude into what the MILF claimed as cessation of hostilities, administrative
perimeter defense of Camp Abubakar. To procedures, monitoring mechanism and
identification and acknowledgment of
13
Abhoud Syed M. Lingga, “The GRP-MILF MILF positions/camps.
Negotiations”, Notre Dame Journal, XXVII (1), June
1997, p. 56.
After the assumption of President The peace panels met on April 27,
Joseph E. Estrada to office, an agreement 2000 in Cotabato City and before
was signed on August 27, 1998 that midnight signed an Aide Memoire
reiterated the commitment of both parties enumerating what steps they would
to pursue peace negotiations, to take to defuse the tensions, but at dawn
implement the joint the AFP launched an attack against
agreements/arrangements previously Camp Abubakar, marking the start of
signed, and to protect and respect human the Philippine government’s all-out war
rights. 14 against the MILF.

On the identification and In response to the call of civil society


acknowledgment of MILF to save the peace process, a meeting
positions/camps, out of 46 major and between the two peace panels took place
satellite camps submitted by the MILF for on June 1, 2000, but no agreement was
recognition, only Camp Abubakar as- reached. After the meeting of the
Sidique, Camp Bushra, Camp Darapanan, Technical Committees on June 15, 2000,
Camp Omar, Camp Badre, Camp the MILF central committee decided to
Rajahmuda and Camp Bilal were withdraw from the talks and disbanded
acknowledged. The other 39 camps were its negotiating panel.
scheduled for verification and
acknowledgment before the end of After President Gloria Macapagal-
December 1999, but this was overtaken by Arroyo assumed office in 2001, she
the all-out war. sought the assistance of Malaysian
Prime Minister Mahathir Mohammad to
After twenty months of negotiations at convince the MILF to go back to the
the level of technical committees, the negotiation table. Prime Minister
formal negotiations on the panel level was Mahathir sent his top aides to talk to
inaugurated on October 25, 1999. Then on MILF chairman Salamat Hashim. After a
December 17, 1999, both peace panels met series of trips by the Malaysian
and agreed on the rules and procedures emissaries to the Islamic Center in
on the conduct of the formal peace talks. Camp Rajahmuda, Salamat agreed to
Substantive issues were tabled for resume talks with the government. He
discussion, but these were not tackled sent his top deputy Al-Haj Murad
seriously because of reported ceasefire Ebrahim, the MILF Vice Chairman for
violations in the provinces of Military Affairs and Chief of Staff of the
Maguindanao, Cotabato, Sultan Kudarat Bangsamoro Islamic Armed Forces
and Lanao del Norte. (BIAF) to Kuala Lumpur to meet the
Philippine Presidential Adviser on the
Peace Process Eduardo Ermita. The
14
meeting was kept secret, with even
General Framework of Agreement of Intent Between
the Government of the Republic of the Philippines Presidential Assistant for Mindanao
(GRP) and the Moro Islamic Liberation Front, signed at Jesus Dureza, the chairman of the new
Dawah Center, Crossing Simuay, Sultan Kudarat, Philippine peace panel, not informed.
Maguindanao on 27 August 1998.
On March 24, 2001 Murad and Ermita over their ancestral domain. It also
signed an agreement for the resumption acknowledged the fundamental right of the
of the talks. Bangsamoro people to determine their future
and political status, in effect acknowledging
The Murad-Ermita agreement that the problem is political in nature and
provided for the resumption of the peace needs a comprehensive, just and lasting
political settlement through negotiations.
negotiations and stated that the peace
The agreement also acknowledged that
process would “continue the same from
negotiations and a peaceful resolution of the
where it had stopped before April 27, conflict should involve consultations with
2000 until the parties shall have reached a the Bangsamoro people, free of any
negotiated political settlement of the imposition. It called for evacuees to be
Bangsamoro problem.” It also made a awarded reparation for their properties lost
commitment “to honor, respect and or destroyed by reason of the conflict. While
implement all past agreements and other previous agreements do not mention the
supplementary agreements signed by participation of the OIC, this time the MILF
them.” Both parties agreed to undertake and the GRP wanted it to act as observer and
“relief and rehabilitation measures for to monitor implementation of all
evacuees, and joint development projects agreements, not just the ceasefire agreement.
in the conflict-affected areas.” 15
The second round of the resumed
Tripoli, Libya was chosen as the venue for talks in Kuala Lumpur focused on the
the resumption of the negotiations. The implementing guidelines of the
meeting on June 19–22, 2001 resulted in the ceasefire. At the end of the meeting,
signing of the Agreement on Peace between agreement on the Implementing
the Government of the Republic of the Guidelines on the Security Aspect of the
Philippines and the Moro Islamic Liberation GRP-MILF Tripoli Agreement of Peace
Front, otherwise known as the Tripoli of 2001 was signed on August 7, 2001 at
Agreement on Peace of 2001. 16 Putrajaya, Malaysia.

The agreement called for discussion of The third round was supposed to
three issues: (1) security (ceasefire); (2) tackle the issue of the rehabilitation of
rehabilitation and development of conflict- evacuees and development of conflict-
affected areas; and (3) ancestral domain. The
affected areas, but the two panels could
agreement recognized the distinct identity of
not agree on details. To avert a
the Bangsamoro as a people occupying a
definite territory, which is referred to in the breakdown of the negotiations, the GRP
document as the Bangsamoro homeland, and panel presented the Manual of
the inherent right of the Bangsamoro people Instruction for the Coordinating
Committees on the Cessation of
15 Hostilities (CCCH) and Local
Agreement on the General Framework for the
Resumption of Peace Talks Between the Government Monitoring Teams (LMT) for
of the Republic of the Philippines and the Moro Islamic consideration. The contents of the
Liberation Front, signed in Kuala Lumpur, Malaysia on manual were culled from provisions of
24 March 2001.
16
This agreement is the basis of negotiations between previous agreements. It was signed on
the Philippine Government and the MILF.
October 18, 2001 at Mines Resort, discussions on pending issues, the
Selangor, Malaysia. Malaysian facilitators introduced a
creative approach called exploratory
Then the talks were suspended. talks. Initially it was designed as
Malacañang announced the negotiations informal discussion involving a few
would still continue through back representatives of both panels for the
channels with Secretary Norberto purpose of exploring ways to resume
Gonzales, the Presidential Assistant on negotiations, but later whole panels and
Special Concerns, representing the technical working groups of both parties
government. After months of back participated in discussing substantive
channel contacts the talks resumed on issues.
May 7, 2002 in Putrajaya, Malaysia.
Instead of the Dureza panel representing To sustain the ceasefire between the
the government, Secretary Norberto forces of the Philippine Government
Gonzales and Secretary Eduardo Ermita and the MILF, the International
went to Kuala Lumpur to talk to the Monitoring Team (IMT) composed of
MILF. They signed the version of the contingents from Malaysia, Brunei and
agreement that Secretary Dureza had Libya was deployed starting October 10,
declined to sign. 2004. On July 23, 2006 Japan joined the
IMT in monitoring socio-economic
The agreement reached by the two aspects of the GRP-MILF agreements.
parties provided for the respect of human The IMT works in tandem with the GRP
rights and observance of international and MILF Coordinating Committees on
humanitarian laws. It authorized the Cessation of Hostilities (CCCH).
MILF to determine, lead and manage
rehabilitation and development projects Thirteen exploratory talks were held
through a project implementing body that starting on March 27-28, 2003. The issue
it would organize. The agreement also of ancestral domain, divided into four
provided that the GRP shall award strands - concept, territory, resources
reparation for the properties lost or and governance -, has been tackled in
destroyed by reasons of the conflict. A the exploratory talks. Concept, territory
day before, a joint communiqué was and resources were discussed during
signed that provided for the the 7th exploratory talks (April 18-20,
establishment of GRP-MILF Ad Hoc Joint 2005), and the issue of governance
Action Group against criminal elements. during the 8th exploratory talks
(September 15-16, 2005). A consensus on
But the peace talks were discontinued the four strands, which will form the
once again after government forces framework within which the panels
attacked the MILF positions in Pikit and would be crafting the memorandum of
Pagalungan on February 11, 2003, at a agreement on ancestral domain, was
time the Muslims were celebrating ‘id el reached.
adha (feast of sacrifice). To keep contact
between the two parties and continue
Among others, the consensus points and on the matter of constitutional
include the “entrenchment of the process. To break the impasse, the GRP
Bangsamoro homeland as a territorial offered the MILF recognition of
space aims to secure the identity and Bangsamoro right of self-determination
posterity of the Bangsamoro people, and the conduct of referendum to
protect their proprietary rights and provide the Bangsamoro people the
resources and establish a system of opportunity to determine their political
governance suitable and acceptable as a status 18 . As of this writing (September
distinct and dominant people.” 17 The 2007), no resumption of exploratory
birthright of the Bangsamoro people to talks is scheduled 19 , but Malaysia
identify themselves as Bangsamoro was continues its shuttle diplomacy between
recognized, however, non-Muslim Manila and the MILF Camp Darapanan.
indigenous tribes were given free choice
to be part of the Bangsamoro entity or not. Lessons for Others
Both parties agreed on ARMM as part of
the core of the Bangsamoro homeland and The search for peace in Mindanao
inclusion of other areas will be discussed is still a continuing process. Although
later. There was also agreement on the the MNLF and the government had
establishment of a constitutional reached an agreement, but the MILF
commission to write the organic charter of track of the peace process is on-going.
the Bangsamoro juridical entity (BJE). The Thus, the lessons that can be drawn here
consensus points also include are tentative.
empowering the Bangsamoro juridical
entity to legislate, administer and allocate First, negotiations are the
revenues, and to establish government preeminent approach to resolve
institutions with defined executive, conflicts. Military approach, as the
legislative and judicial powers and Mindanao experience shows, does not
functions. To determine future political only fail to resolve but in many cases
status of the Bangsamoro people, the GRP fuel conflicts. Conflicting parties have to
and MILF agreed on popular consultation be encouraged to negotiate and work
leading to a referendum. The details of towards building settlement.
this modality shall be contained in future
agreement. Second, it is valuable for conflicting
parties to have similar understanding of
But the snag was on the delimitation
and delineation of territory during the 18
Letter of Secretary Silvestre C. Afable, Jr.,
13th exploratory talks (September 6-7,
Chairman, GPNP for Talks with the MILF, dated
2006). The two parties could not agree on November 9, 2006, to Chairman Mohagher Iqbal,
the extent of territory of the proposed BJE MILF Peace Negotiating Panel.
19
Executive meeting between the GRP and MILF
negotiating panels was held in the last week of
17
Consensus Points, 7th and 8th Exploratory Talks August 2007 for the purpose of extending for another
between the Philippine Government and Moro Islamic year (September 2007 – August 2008) the tour of
Liberation Front, held on April 18-20, 2005 and duty of the Malaysian lead International Monitoring
September 15-16, 2005, respectively, in Malaysia. Team.
the problem. Probably, one reason why talking peace. It is a fact that the conflict
the peace process in Mindanao is taking between the Philippine government and
too long is because the government and the Bangsamoro liberation fronts have
the Bangsamoro liberation fronts have been violent and resulted in large-scale
different appreciation of the problem. The wars, but most of the time they are
government insists that the problems are engaged in peace talks. The destruction
widespread poverty, underdevelopment to life and properties would have been
and discrimination but the MNLF and incalculable if negotiations are not
MILF assert that the fundamental issue is taking place.
Bangsamoro self-determination. It was
only very recent that self-determination The danger in a long-drawn peace
framework was introduced by the talks is “negotiation fatigue” if people
government negotiating panel. do not see any result. It is important that
whatever agreement reached (even how
Similarly, it is important that parties small) should be implemented.
are able to differentiate their interests Agreements on ceasefire, and return and
from their negotiating positions. In this rehabilitation of evacuees are important
way, it is easier to come to compromise steps that have to be undertaken before
without each leaving behind their or simultaneous with discussion on
respective interests. substantive issues.

Third, the capacity of conflicting Sixth, while talking peace, ceasefire


parties to negotiate has to be looked into. is significant to keep the peace process
This is not about the legal or moral basis going and to preserve whatever gains
of the party’s grievances but the nitty- achieved. It provides space to build
gritty of negotiations. It is easier to draw confidence among conflicting parties. To
to a dialogue a party who feels confident sustain a ceasefire, an independent
of its capability to negotiate. monitoring body is essential.

Fourth, it is helpful to start the Seventh, the national leadership must


dialogue with no pre-conditions. This be able to rally support for the peace
made the start of the talks between process. The support of influential
Government and the MNLF in 1975 and institutions like the military, congress,
then the negotiations between the media, business and the religious
Government and the MILF in 1997 easier. strengthen government position to
The decisions of parties to set aside search for creative measures in
display of flags and other symbols made resolving the conflict.
them unperturbed by the denotations of
symbols and concentration were focused Eight, the role of a third party is
on substantive issues. helpful to bring together conflicting
parties to talk peace. When there is a
Fifth, even if the negotiations drag on
for long time encourage parties to keep
deadlock, third party intervention is of a road map and benchmarks for the
useful to break it. 20 implementation of the 1996 GRP-MNLF
It was the productive participation of peace accord is one of the reasons that
the OIC that facilitated the negotiations both parties keep on accusing each other
between the government and the MNLF. of not fully implementing the
When there was a stalemate after the first agreement.
meeting in Jeddah in 1975, it was through
Libya’s effort that the talks were Conclusion
continued and broad principles on
solving the problem was agreed upon. It The lessons learned from the
was also through the mediation of Mindanao peace process might not be
Indonesia that the government and the relevant to all conflicts in the region for
MNLF reached a final agreement. At the each conflict possesses its own
beginning, there was no third party distinctive characteristics. Every conflict
involvement in the GRP-MILF talks but has its own history, context, issues and
after the collapse of the peace talks in the intensity. The approach and process to
year 2000, the government had to seek the address them must be responsive to the
assistance of Malaysia to bring back the circumstances. On the other hand, in
MILF to the negotiating table. conceptualizing creative approaches to a
conflict situation it is useful to learn
The role of the third party does not from the experiences of others.
end at the signing of settlement. It is
important to see to it that every provision
is implemented not just for compliance
but with the spirit of addressing the
causes of the problem in order to avoid a
relapse into conflict and to build and
consolidate sustainable peace. But
mediators should not bring in their own
agenda in the negotiations or impose a
framework.

Ninth, after an agreement is signed, it


is important to have a road map of
implementation and benchmarks to guide
parties to the agreement, third parties
intervener and funding institutions in
implementing the agreement. The absence

20
See Abhoud Syed M. Lingga, “Role of Third Parties
in Mindanao Peace Process”, paper presented during
the International Conference on Peace Building in Asia
Pacific: The Role of Third Parties, Khon Kaen,
Thailand, July 1-3, 2006.
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Institute of Bangsamoro Studies Story of the GRP-MNLF Peace Process, 1975-
1996. Davao City, Philippines: Alternate
Iribani, Abraham. 2006. Give Peace a Forum for Research in Mindanao.
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Jubair, Salah. 1999. Bangsamoro: A Nation Wadi, Julkipli M. 1993. “Islamic


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Lingga, Abhoud Syed M. 1997. “The GRP- submitted to the Institute of Islamic Studies,
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Werble, Magsaysay S. 1996. “The
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