Conclusion: Understanding the GPH-MILF Framework Agreement

Dean Tony La Viña

This is AI generated summarization, which may have errors. For context, always refer to the full article.

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

This is the concluding part of “Understanding the GPH-MILF Framework Agreement” published on Thursday, October 11.

 

Dean Tony La Viña

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. – Rappler.com


Read the full text of President Noynoy Aquino’s speech: Agreement paves way for enduring peace in Mindanao

Read the full text of the Framework Agreement between the Philippine government and the Moro Islamic Liberation Front (MILF) on the establishment of the new autonomous political entity, Bangsamoro, that will replace the Autonomous Region in Muslim Mindanao (ARMM).

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