dugaya na aning nga thread oy. pero gubot gihapon sa mindanao. tsk2
dugaya na aning nga thread oy. pero gubot gihapon sa mindanao. tsk2
I think should clear some matters..MILF chief negotiator Mohagher Iqbal denied a news report that the Chief Executive already gave his nod on the supposed parliamentary form of government similar to that of Malaysia, which the Muslim rebels reportedly proposed in the peace talks.
Mohagher Iqbal denies Noynoy Aquino nods on MILF autonomy | Sun.Star
On the otherhand..
http://www.philstar.com/nation/artic...ticleid=780408COTABATO CITY, Philippines – Battle-hardened soldiers in flashpoint areas in Central Mindanao were so overt in manifesting support to President Aquino’s peace overture with the Moro Islamic Liberation Front.
The soldiers were optimistic that a final government-MILF truce would come sooner than the 2016 expiration of the president’s tenure.
Members of the Army's 40th Infantry Battalion jog their way through remote villages in Aleosan, North Cotabato, where they help Muslim and Christian folks do barangay chores, in support of the Mindanao peace process.
Last edited by balipseyev; 02-24-2012 at 04:47 PM.
heres some brief facts....
North Borneo (Sabah) Philippine Claim
...Malaysia was federated in 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines.
The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies...
...In 1878, Baron Von Overbeck, an Austrian partner representing The British North Borneo Company and his British partner Alfred Dent, leased the territory of Sabah. ...This lease was continued until the independence and formation of the Malaysian federation in 1963
...As of 2004, the Malaysian Embassy to the Philippines had been paying cession/rental money amounting to US$1,500 per year (about 6,300 Malaysian Ringgits) to the heirs of the Sultanate of Sulu.
The contract between Sri Paduka Maulana Al Sultan Mohammad Jamalul Alam, representing the sultanate as owner and sovereign of Sabah on one hand, and that of Gustavus Baron de Overbeck and Alfred Dent representing the North Borneo Company, on the other as lessees of Sabah, was executed on January 22, 1878. The Lease prohibits the transfer of Sabah to any nation, company or individual without the consent of His Majesty’s Government (“Government of the Sultan of Sulu”).
Less than a decade later, the Sultanate of Sulu came under the control of Spain and was forced to sign a document
giving all of the Sultan's Properties in Palawan and Sulu (excluding Northern Borneo) to Spain. In 1885, Spain relinquished all of its claim to Borneo to the British in the Madrid Protocol of 1885.
In spite of that, in 1906 and 1920 the United States formally reminded Great Britain that Sabah did not belong to them and was still part of the Sultanate of Sulu on the premise that Spain never acquired sovereignty over North Borneo [see Madrid Protocol] to transfer all its claims of sovereignty over North Borneo to Great Britain on the Madrid Protocol of 1885. This is so because the Sultan of Sulu did not include his territory and dominion in North Borneo in signing the treaty of 1878 recognizing the Spanish sovereignty over “Jolo and its dependencies.” North Borneo was never considered a dependency of Jolo. However, the British Government ignored the reminder and still annexed the territory of North Borneo as a Crown Colony on July 10, 1946. This was in spite of the fact that the British Government was aware of the decision made by their own mandated High Court of North Borneo in Sabah on December 19, 1939, that the successor of the Sultan in the territory of Sabah was Punjungan Kiram and not Great Britain.
On September 12, 1962, during President Diosdado Macapagal's administration (the father of the former Philippine president Gloria Macapagal-Arroyo), the territory of North Borneo, and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sultan of Sulu, HM Sultan Muhammad Esmail E. Kiram I, to the Republic of the Philippines.
The cession effectively gave the Philippine government the full authority to pursue their claim in international courts. The Philippines broke diplomatic relations with Malaysia after the federation had included Sabah in 1963. It was revoked in 1989 because succeeding Philippine administrations have placed the claim in the back burner in the interest of pursuing cordial economic and security relations with Kuala Lumpur. To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice.
We share the same problems with Thailand, and there have been confirmed reports that Malaysia has been secretly supporting Muslim insurgencies in order to expand its borders.
Last edited by lhorenzoo; 02-25-2012 at 02:02 AM.
recent developments on this matter. .
Estrada tells Aquino Moro ‘substate’ bid a rehash
Estrada tells Aquino Moro
What substate? Ridiculous!
Deposed President Joseph Estrada on Friday took aim at President Benigno Aquino III’s emerging policy on the secessionist Moro Islamic Liberation Front (MILF), criticizing Mr. Aquino’s vaunted secret meeting with MILF chair Murad Ebrahim and declaring the rebels’ demand for a Muslim substate as “ridiculous.”
Estrada, who waged an all-out war against the MILF during his abbreviated term, said Mr. Aquino gave “far too much importance” to Murad when he agreed to sit down with him in a secret meeting in Tokyo last week to “fast-track” the peace talks.
He warned Mr. Aquino to be wary of the rebel group’s demand for the establishment of a so-called substate as a condition for any peace agreement.
Same old demand
He said the new demand was no different from the MILF’s failed effort to establish a so-called Bangsamoro Juridical Entity (BJE) under the 2008 Memorandum of Agreement on Ancestral Domain (MOA-AD) which was declared unconstitutional by the Supreme Court following an outcry from legislators and various interest groups.
“What substate? They’re just changing the names. In the long run, you’ll see that they will still go for a Bangsamoro republic,” he said, noting that it was contained in the old BJE proposal to establish a sovereign region in the south complete with its own security force and banking system.
Sovereignty non-negotiable
“If that plan pushed through, we would have been required to secure a visa to travel to Mindanao—that’s how ridiculous that idea was,” he said.
Estrada said the President should remain resolute against any effort to “dismember the country.”
“We can negotiate with them, give in to some of their demands, but sovereignty is non-negotiable,” he said.
“The duty of the President and commander in chief of the Armed Forces is to protect our territorial integrity at all cost,” Estrada said.
Estrada said the government should hammer out a peace agreement with the MILF within “three to six months.”
Mr. Aquino earlier said he wanted a deal before he stepped down in 2016, a time frame which Estrada considers as “too long.”
“Our people in Mindanao have long been suffering. We have to have a peace agreement soon,” he said.
Revert to secession
An MILF negotiator, Michael Mastura, on Thursday said the Muslim rebel group would settle for nothing less than a “substate” whose political structure he described as being similar to those of Scotland and Northern Ireland.
(The latter two, with England and Wales, comprise the four countries in the United Kingdom of Great Britain and Northern Ireland. There are three devolved administrations in Scotland, Wales and Northern Ireland.)
Should the demand not be met, Mastura said the MILF would revert to its old position calling for secession.
“We will not move out of substate. We have already moved from independence,” Mastura said.
Reacting to Mastura’s remarks, Mr. Aquino on Friday said peace negotiators should “be problem solvers rather than antagonists.”
He said this was what Murad himself had told him at their Tokyo meeting.
Apprehensions, reservations
“I am very hopeful that this is indicative that there is an intense desire to achieve a just and comprehensive peace agreement,” the President said.
A Mindanao-based Catholic bishop on Friday joined various individuals and groups who have expressed reservations over the MILF demand for a Muslim substate.
“If the provisions and components of the ‘substate’ are that of the MOA-AD, then there are reasons to be apprehensive on this issue,” said Basilan Bishop Martin Jumoad.
He noted that the MILF has said that the new proposal would incorporate elements of the rejected MOA-AD.
Jumoad said the government and rebel negotiators should ensure that there would be no repeat of the problems that surrounded the MOA-AD.
He said the people should also be informed thoroughly concerning all further negotiations and discussions about the peace proposals.
“This issue must be discussed and brought to the village level. Consultations must be exhaustive. It should not be done in a hurry as a small mistake may result in a lifelong regret,” Jumoad said.
Also on Friday, Mr. Aquino said it was still premature to talk about the constitutional amendments that would be needed to accommodate the MILF proposal for a substate.
“The actual details of the agreement have yet to be produced. The agreement between the negotiating panels will be brought before all stakeholders. Then that would tell us what is necessary
Ug madayon gubot jud ni ... ihatag najud ni Pnoy ang Moro Land sa mga MILF .....
New ARMM greeted with hope, caution | Inquirer News
hurot na gyod ang pinas, nag ilog muslim ug intsik
matuwid na daan ni pinoy, ihatag sa muslim ang demand para walay gubot.
Kanang "Peace-Talks" code word ra na sa sobrang politika. Mas daghan lang taw ana nangamatay ana ilang false peace.
Matud pa ni Roman historian ug senator, Tacitus
"A bad peace is worse than war."
In the Name of God, the Beneficent, the Merciful
FRAMEWORK AGREEMENT ON THE BANGSAMORO
The Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) herein referred to as the Parties to this Agreement,
HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:
I. ESTABLISHMENT OF THE BANGSAMORO
1. The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political entity (NPE) referred to in the Decision Points of Principles as of April 2012.
2. The government of the Bangsamoro shall have a ministerial form.
The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws.
3. The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro.
The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code.
4. The relationship of the Central Government with the Bangsamoro Government shall be asymmetric.
5. The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.
Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected.
II. BASIC LAW
1. The Bangsamoro shall be governed by a Basic Law.
2. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties.
3. The Basic Law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance.
4. It shall be formulated by the Bangsamoro people and ratified by the qualified voters within its territory.
III. POWERS
1. The Central Government will have reserved powers, the Bangsamoro Government shall have its exclusive powers, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government.
The Annex on Power Sharing, which includes the principles on intergovernmental relations, shall form part of this Agreement and guide the drafting of the Basic Law.
2. The Central Government shall have powers on:
a) Defense and external security
b) Foreign policy
c) Common market and global trade, provided that the power to enter into economic agreements already allowed under Republic Act No. 9054 shall be transferred to the Bangsamoro
d) Coinage and monetary policy
e) Citizenship and naturalization
f) Postal service
This list is without prejudice to additional powers that may be agreed upon by the Parties.
3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims.
4. The Bangsamoro Basic Law may provide for the power of the Bangsamoro Government to accredit halal-certifying bodies in the Bangsamoro.
5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes:
a) The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts;
b) Measures to improve the workings of local civil courts, when necessary; and
c) Alternative dispute resolution systems.
6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.
IV. REVENUE GENERATION AND WEALTH SHARING
1. The parties agree that wealth creation (or revenue generation and sourcing) is important for the operation of the Bangsamoro.
2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy.
3. The Bangsamoro will have the authority to receive grants and donations from domestic and foreign sources, and block grants and subsidies from the Central Government. Subject to acceptable credit worthiness, it shall also have the authority to contract loans from domestic and foreign lending institutions, except foreign and domestic loans requiring sovereign guaranty, whether explicit or implicit, which would require the approval of the Central Government.
4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.
5. The Bangsamoro may create its own auditing body and procedures for accountability over revenues and other funds generated within or by the region from external sources.
This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs.
6. The details of revenue and wealth sharing arrangements between the Central Government and the Bangsamoro Government shall be agreed upon by the Parties. The Annex on Wealth Sharing shall form part of this Agreement.
7. There shall be an intergovernmental fiscal policy board composed of representatives of the Bangsamoro and the Central Government in order to address revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity. The Board shall meet at least once in six (6) months to determine necessary fiscal policy adjustments, subject to the principles of intergovernmental relations mutually agreed upon by both Parties. Once full fiscal autonomy has been achieved by the Bangsamoro then it may no longer be necessary to have a representative from the Central Government to sit in the Board. Fiscal autonomy shall mean generation and budgeting of the Bangsamoro’s own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or any donor.
8. The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives.
V. TERRITORY
1. The core territory of the Bangsamoro shall be composed 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; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (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 as mentioned in the next paragraph.
2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitory Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.
3. Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.
4. The disposition of internal and territorial waters shall be referred to in the Annexes on Wealth and Power Sharing.
5. Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain and the atmospheric space above it. Governance shall be as agreed upon by the parties in this agreement and in the sections on wealth and power sharing.
6. The Bangsamoro Basic Law shall recognize the collective democratic rights of the constituents in the Bangsamoro.
VI. BASIC RIGHTS
1. In addition to basic rights already enjoyed, the following rights of all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
a. Right to life and to inviolability of one’s person and dignity;
b. Right to freedom and expression of religion and beliefs;
c. Right to privacy;
d. Right to freedom of speech;
e. Right to express political opinion and pursue democratically political aspiration;
f. Right to seek constitutional change by peaceful and legitimate means;
g. Right of women to meaningful political participation, and protection from all forms of violence;
h. Right to freely choose one’s place of residence and the inviolability of the home;
i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity;
j. Right to establish cultural and religious associations;
k. Right to freedom from religious, ethnic and sectarian harassment; and
l. Right to redress of grievances and due process of law.
2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually.
3. Indigenous peoples’ rights shall be respected.
4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development.
VII. TRANSITION AND IMPLEMENTATION
1. The Parties agree to the need for a transition period and the institution of transitional mechanisms.
2. The Parties agree to adopt and incorporate an Annex on Transitional Arrangements and Modalities, which forms a part of this Framework Agreement.
3. There shall be created a Transition Commission through an Executive Order and supported by Congressional Resolutions.
4. The functions of the Transition Commission are as follows:
a. To work on the drafting of the Bangsamoro Basic Law with provisions consistent with all agreements entered and that may be entered into by the Parties;
b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements;
c. To coordinate whenever necessary development programs in Bangsamoro communities in conjunction with the MILF Bangsamoro Development Agency (BDA), the Bangsamoro Leadership and Management Institute (BLMI) and other agencies.
5. The Transition Commission shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight ( members, including the Chairman, shall be selected by the MILF.
6. The Transition Commission will be independent from the ARMM and other government agencies. The GPH shall allocate funds and provide other resources for its effective operation. All other agencies of government shall support the Transition Commission in the performance of its tasks and responsibilities until it becomes functus oficio and cease to exist.
7. The draft Bangsamoro Basic Law submitted by the Transition Commission shall be certified as an urgent bill by the President.
8. Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished.
9. 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 may reorganize the bureaucracy into institutions of governance appropriate thereto.
10. The Bangsamoro Transition Authority shall ensure that the continued functioning of government in the area of autonomy is exercised pursuant to its mandate under the Basic Law. 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.
11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements.
12. At the end of the transition period, the GPH and MILF Peace Negotiating Panels, together with the Malaysian Facilitator and the Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An ‘Exit Document’ officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented.
13. The Negotiating Panel of both Parties shall continue the negotiations until all issues are resolved and all agreements implemented.
VIII. NORMALIZATION
1. The Parties agree that normalization is vital to the peace process. It is through normalization that communities can return to conditions where they can achieve their desired quality of life, which includes the pursuit of sustainable livelihoods and political participation within a peaceful deliberative society.
2. The aim of normalization is to ensure human security in the Bangsamoro. Normalization helps build a society that is committed to basic human rights, where individuals are free from fear of violence or crime and where long-held traditions and value continue to be honored. Human insecurity embraces a wide range of issues that would include violation of human and civil rights, social and political injustice and impunity.
3. As a matter of principle, it is essential that policing structure and arrangement are such that the police service is professional and free from partisan political control. The police system shall be civilian in character so that it is effective and efficient in law enforcement, fair and impartial as well as accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.
4. An independent commission shall be organized by the Parties to recommend appropriate policing within the area. The commission shall be composed of representatives from the parties and may invite local and international experts on law enforcement to assist the commission in its work.
5. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.
6. 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 Parties agree to continue negotiations on the form, functions and relationship of the police force of the Bangsamoro taking into consideration the results of the independent review process mentioned in paragraph 4.
7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.
8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.
9. The details of the normalization process and timetables for decommissioning shall be in an Annex on Normalization and shall form part of this Agreement.
10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and poverty-stricken communities.
11. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process. For this purpose, a Trust Fund shall be established through which urgent support, recurrent and investment budget cost will be released with efficiency, transparency and accountability. The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women, children, and internally displaced persons.
12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations.
IX. MISCELLANEOUS
1. This Agreement shall not be implemented unilaterally.
2. The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year.
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