Peace initiatives: The resulting armed conflict from the early 1970s created a major crisis in Mindanao, and in the Philippines as a whole. In December 1976, the Philippine government signed an agreement with the MNLF through the intercession of the Organization of Islamic Conference (OIC). This agreement, known as the 1976 Tripoli Agreement, provided for the creation of an autonomous region in Mindanao and Palawan (covering thirteen provinces), and the establishment of an autonomous government, judicial system (for Sharia law), and special security forces. In 1977, President Marcos and the Batasang Pambansa (legislature) came out with a series of laws to implement the 1976 Tripoli Agreement that resulted in the creation of “Sangguniang Pampook [Regional Council] in each of Regions IX and XII” in Mindanao.[6] This solution was rejected by the MNLF.[7] The 1987 Philippine Constitution brought in a new legal basis for a Muslim autonomous government in Mindanao. It has a provision (Article X) for an Autonomous Region in Muslim Mindanao, whose creation is dependent on acceptance in a plebiscite by the people in the affected provinces. Consequently, in 1989, a law[8] was enacted that led to a plebiscite for the Autonomous Region in Muslim Mindanao (ARMM). In 1990, ARMM was established covering the provinces of Lanao del Sur, Maguindanao, Shariff Kabunsuan, Sulu and Tawi-Tawi, whose respective populations voted in a plebiscite for inclusion into the new region. But peace was still elusive. Formal peace talks between the government and MNLF had to start again in 1993 through the mediation of OIC and the Indonesian government. The Philippine government and the MNLF signed the 1996 Final Peace Agreement (FPA) to complete the implementation of the "1976 Tripoli Agreement between the Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF)." The 1996 agreement called for the establishment of a “Special Zone of Peace and Development (SZOPAD), the Southern Philippines Council for Peace and Development (SPCPD), and the Consultative Assembly,” and the merging of the MNLF forces with the Philippine military, among other provisions. The agreement also called for an amendment to the law that created the ARMM. In 2001, the law was the amended[9] that led to a plebiscite in other provinces with predominant Muslim population regarding their inclusion in the ARMM. One province (Basilan) and one city (Marawi) joined the ARMM as a result. By winning in the 1996 elections for the ARMM posts, the MNLF virtually took power since 1996 over six provinces and one city with predominant Muslim population. But the autonomous region formula was not a complete solution toward peace in Mindanao. Another Muslim armed opposition group, the MILF, demanded an independent Islamic state. The Philippine government had to deal with MILF separately for a negotiated settlement of its demands. The 2005 PHDR states that by early 2000s, “three tracks had emerged, parallel though sometimes converging, which now constitute the current evolution of the Moro conflict: (1) the implementation of the GRP-MNLF Peace Agreement; (2) the GRP-MILF peace negotiations; and (3) Post-9/11 terrorism and counterterrorism on the Moro front.”[10] The Philippine government (GRP) and the MILF started peace talks toward a negotiated political settlement in 1996. Support for the peace talks by Malaysia, Indonesia and Libya led to the GRP-MILF Tripoli Agreement on Peace of 2001. The Implementing Guidelines on the Security Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001 was signed on 7 May 2002 in Putrajaya, Malaysia. To maintain the ceasefire, three mechanisms were adopted 1) Joint Coordinating Committees on the Cessation of Hostilities, 2) the International Monitoring Team (composed of representatives from Malaysia, Brunei Darussalam, and Libya), and 3) the Ad Hoc Joint Action Group. The continuing peace negotiations between the GRP and MILF resulted in a 2008 Memorandum of Agreement on the Ancestral Domain Aspect of the GRP-MILF Tripoli Agreement of Peace of 2001 (MOA-AD). The MOA-AD provides for the delineation of the Bangsamoro homeland, similar to the delineation of the ancestral domain of indigenous Filipinos.[11] It provides for the establishment of a Bangsamoro Juridical Entity (BJE), which is the legal body that will govern the Bangsamoro homeland. Both GRP and MILF saw the MOA-AD as a necessary step to a final peace agreement. But before the scheduled signing of the MOA-AD on 5 August 2008 in Kuala Lumpur was held, its legality was questioned before the Philippine Supreme Court. The Philippine government decided not to sign the agreement in view of the opposition raised by some Christian local government leaders in Mindanao and other political personalities. The court declared the unsigned MOA-AD unconstitutional in October 2008.[12] The court viewed the BJE, provided for in the MOA-AD, as “more of a state than an autonomous region” allowed by the 1987 Constitution for the ARMM governing body.
Posted on: Mon, 02 Sep 2013 12:49:28 +0000
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