IBS Occasional Paper 2007-04 - Lingga
IBS Occasional Paper 2007-04 - Lingga
IBS Occasional Paper 2007-04 - Lingga
2007-04
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.
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.
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.
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.
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.
BIBLIOGRAPHY
Ramos, Fidel V. 1996. Break not the Peace:
Agreements between the Government of The Story of the GRP-MNLF Peace
the Republic of the Philippines (GRP) and Negotiations. Privately printed.
Moro Islamic Liberation Fronts (MILF).
Copies of the agreements on file at the Rodil, B. R. 2000a. Kalinaw Mindanao: The
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.
Chance: The Story of the GRP-MNLF Peace Talks.
Mandaluyong City, Philippines: Magbasa Rodil, B. R. 2000b. Kalinaw Mindanao:
Kita Foundation, Philippine Council for Islam The Story of the GRP-MNLF Peace Process,
and Democracy, and Konrad Adenauer 1975-1996. Davao City, Philippines:
Stiftung. Alternate Forum for Research in Mindanao.