BRIEFING PAPER

The GPH 3-for-1 Proposal

in the GPH-MILF Peace Negotiations

Prepared by the Secretariat, Government Peace Negotiating Panel for Talks with the Moro Islamic Liberation Front (GPNP-MILF) [October 2011] Email: panelsecretariat@gmail.com Republic of the Philippines OFFICE OF THE PRESIDENT OFFICE OF THE PRESIDENTIAL ADVISER ON THE PEACE PROCESS Agustin I Building, F. Ortigas Jr. Road (formerly Emerald Ave.) Ortigas Center, Pasig City +63 2 636-0701 to 06; http://opapp.gov.ph

GPNP-MILF Secretariat Brieng Paper No. 2 October 2011

Background
The GPH 3-for-1 proposal contains the Governments approach to the substan=ve issues in the peace nego=a=ons with the Moro Islamic Libera=on Front (MILF). The document was submiHed during the 22nd exploratory talks on August 22, 2011 in Kuala Lumpur, Malaysia.

The proposed Agreement provides a mechanism for con=nuing partnership between the GPH and the MILF that will pave the way for legal and other reforms that will realize Bangsamoro self-governance and development, and builds on prior signed agreements between the GPH and the MILF and other key documents. The ul=mate goal of the proposal is to aHain a just peace in Mindanao through a comprehensive poli=cal seHlement that enjoys poli=cal support, establishes democra=c and eec=ve ins=tu=ons, and delivers economic development.

It is intended as the Governments star=ng or opening posi=on on the substan=ve issues.

General Framework
The proposed Agreement recognizes that the Republic of the Philippines is made up of diverse communi=es whose ci=zens can claim meaningful autonomy and self-governance within the framework of na=onal sovereignty and territorial integrity. The proposed Agreement recognizes the legi=mate grievances and claims of the people of Moro ancestry and origin, and the non-Moro indigenous peoples of Mindanao and the Sulu archipelago, having con=nuously lived, occupied, and possessed their historic homeland. The proposed Agreement realizes that the par=cipa=on of all stakeholders, their convic=on of the viability of the modali=es of the proposal, and their informed consent are essen=al to nd a just and las=ng solu=on to the armed conict between the Philippine Government (GPH) and the Bangsamoro.

Serving Sizes

3-for-1: Three Approaches for One Problem

The GPH proposal or the 3-for-1 proposal (the Proposal) consists of three (3) approaches for one (1) problem seeking to: Address social and economic development needs in a par1cipa1ve manner; Reform legal and poli1cal environments to allow meaningful autonomy and self-governance; and Acknowledge the historical causes of conict towards reconcilia1on. The three approaches are to be simultaneously undertaken. One is not a precondi=on to the other.

Part One: Partnership in the Development and Socio-Economic Reconstruction of the Region
Part One of the Proposal enjoins the MILF to partner with Government and other ins=tu=ons in iden=fying and implemen=ng socio-economic priori=es and development projects in the region. To facilitate the development ini=a=ves un=l such =me that a new regional government is in place, there shall be a Joint Coordina=ng CommiHee on Development (JCCD) that will be co-chaired by the GPH and the Bangsamoro Development Agency (BDA). The JCCD is envisioned to be a coopera=ve mechanism that carries over the formal working rela=onship between the GPH and the BDA to the immediate post-Agreement phase.

mobiliza=on of Bangsamoro leadership, and the proven benets of an autonomous government. What process is proposed in the Accord to pave the way for Bangsamoro self-governance? 1. Upon signing of the agreement, the President shall issue an Execu=ve Order crea=ng the Bangsamoro Commission (BC). The BC will be headed jointly by the OPAPP (on behalf of the GPH) and an MILF-appointed Co-Chair. The BC shall be composed of nine (9) members, including the chairs, with the following composi=on: One-third (1/3) shall be nominees of the GPH, one-third (1/3) shall be from the MILF and one-third (1/3) shall be nominees mutually agreed upon by the GPH and the MILF. Provided that, two thirds (2/3) of the total membership of the BC shall be Moros. Each party shall ensure that there are women and Lumad members. The func=ons of the BC will include (a) supervising the implementa=on of the Agreement; (b) securing the legisla=ve requirements of the Agreement, notably a new Organic Act to create the new autonomous region of the Bangsamoro; and (c) coordina=ng development ini=a=ves and mechanisms that are part of the peace process (e.g. BDA and Bangsamoro Leadership and Management Ins=tute or BLMI). The BC shall be provided with P100 Million for its opera=ons. 2. A Technical CommiHee created by the BC working closely with a Consulta=ve Civic Forum shall drac a new Organic Act and work for its passage. The ARMM will con=nue to perform its func=ons un=l the passage and approval of the new Organic Act in a plebiscite called for that purpose.

Part Two: The Peace Accord

The Peace Accord denes GPHs posi=on on the substan=ve agenda in the nego=a=ons: governance, powers and territorial coverage, natural resources and ancestral domain, and implemen=ng mechanisms. The implementa;on of the Accord shall be guided by: The objec=ve to establish a governance structure that will allow the exercise of meaningful self-governance and will have a direct and concrete impact on the social and economic condi=on of inhabitants in aected communi=es. The understanding that the possibility for fundamental legal change is enhanced by economic development, capability building and actual
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3. A veriable monitoring mechanism that incorporates exis=ng bodies, such as the Joint Coordina=ng CommiHee on the Cessa=on of Hos=li=es (JCCCH), Ad Hoc Joint Ac=on Group (AHJAG), Interna=onal Monitoring Team (IMT) and the Interna=onal Contact Group (ICG) will also be created. It will submit periodic reports to the Bangsamoro Commission. 4. The Par=es shall also ac=vely support electoral reform measures and ini=a=ves for the forma=on of strong poli=cal par=es that can par=cipate in local, regional and na=onal elec=ons. 5. There will be eorts to establish funding sources such as, but not limited to, the World Bank Manila Oce Mul= Donor Trust Funds (MDTF) and the Japan Bangsamoro Ini=a=ves for Reconstruc=on and Development (J-BIRD), to support urgent cost requirements rela=ng to the implementa=on of the Agreement. These trust funds will be for reconstruc=on, post-conict rehabilita=on and reseHlement of internally displaced persons and refugees. 6. Upon the signing of the agreement, the MILF will ensure that all its armed elements will be under the Bangsamoro Islamic Armed Forces (BIAF) un=l the complete implementa=on of all agreements rela=ng to demobiliza=on and disarmament. The MILF shall fully cooperate with the GPH in disarming any and all other forces that refuse to be under its command and control. Is the concept of Bangsamoro recognized in the Proposal? Yes. The Accord recognizes the Bangsamoro as an ethno-poli=cal iden=ty of those who are na=ves and original inhabitants of Mindanao and Sulu archipelago belonging to the thirteen (13) Islamicized ethnolinguis=c groups, including their spouses and descendants, whether of full or mixed blood. This iden=ty is shaped by a common history in rela=on to a colonial past and recognized within the context of Filipino ci=zenship and the spaces that indigenous Moro communi=es have occupied as their historic homeland.

What kind of government/governance structure is proposed in the Accord? The Accord envisions a new autonomous region of the Bangsamoro with changes in the poli=cal, administra=ve and electoral system in the region, for inclusion in the new organic act, that will ensure a more representa=ve, par=cipatory, responsive and accountable governance system. The exercise of any form of governance in the new autonomous region shall be conducted in a manner that is par=cipatory, consensus-oriented, accountable, transparent, responsive and responsible, eec=ve and ecient, equitable and inclusive, and consistent with the rule of law. What would be the rela;onship of the new autonomous region with the Na;onal Government? The new autonomous government of the Bangsamoro shall serve as the founda=on for autonomous self-governance cognizant of the dis=nct history and iden=ty of the Bangsamoro. Being an integral part of the Philippine state, the President of the Philippines shall have supervisory powers over it. How will the geographic scope of the new autonomous region be determined? Provinces, ci=es, municipali=es, and geographical areas sharing common and dis=nc=ve historical and cultural heritage, economic and social structures, and other relevant characteris=cs within the Bangsamoro homeland that choose to join the new autonomous region shall be included. The consent of the provinces, ci=es, municipali=es and other geographical areas shall be manifested through both (1) a resolu=on from the appropriate local government units and (2) a plebiscite.

What are the powers of the new autonomous region? The government of the new autonomous region of the Bangsamoro shall enjoy exclusive authority within the region, except over the following maHers: a. b. c. d. e. f. g. h. i. j. k. Na=onal defense; Coinage and currency; Postal services; Foreign aairs, including entering into a treaty or any other agreement covered by interna=onal law; Administra=on of jus=ce, subject to qualica=ons outlined in the new organic act; Customs and tari; Ci=zenship; Naturaliza=on, immigra=on and deporta=on; General audi=ng; Mari=me, land and air transporta=on and communica=ons, except for franchises and permits in land transporta=on applicable only within the region; and Patents, trademarks, trade names and copyright.

What regime of human rights will apply in the new autonomous region? Rights already granted by the Cons=tu=on and exis=ng laws shall not be diminished in the new autonomous region. Necessary legal mechanisms shall be in place to ensure the individual rights of ci=zens to equality and non- discrimina=on and to an eec=ve par=cipa=on in governance, par=cularly: a. Equal opportunity and non-discrimina=on on the basis of sex, religion, ethnicity, class or creed in public service, and in all aspects of social and economic ac=vity, of all segments of society including migrant communi=es; Right to freedom and expression of religion; Freedom of speech; Right of women to meaningful poli=cal par=cipa=on and protec=on from all forms of violence; Right to freely choose ones place of residence; Right to privacy; Right to establish cultural associa=ons and protec=on of local languages, arts, cultural and historical sites, customs and tradi=ons; Right to free exercise and enjoyment of religious profession and worship, without discrimina=on or preference; and Right to freedom from religious, ethnic or sectarian harassment.

b. c. d. e. f. g. h. i.

What will happen to local governments under the new autonomous region? Will their powers be diminished or their roles in governance be less substan;al? Local governments will con=nue to exist, without diminu=on in their powers. The government of the new autonomous region of the Bangsamoro shall pass appropriate measures to further devolve powers to local governments and to realize the devolu=on of powers already provided in Republic Act no. 7160 or the 1991 Local Government Code. Local governments are also allowed some leeway to nego=ate with the regional government for arrangements in resource-sharing that are more benecial for them.
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Who will have jurisdic;on in the explora;on, development and u;liza;on of natural resources in the new autonomous region? The new autonomous region of the Bangsamoro shall have jurisdic=on over the explora=on, development and u=liza=on of their natural resources. In the case of all poten=al sources of energy, petroleum in situ, fossil fuel, mineral oil and natural gas, extending to its municipal waters, co-management schemes with the appropriate Na=onal Government agency may be dened. Management, conserva=on and protec=on of all natural resources, living and non-living, within ceen (15) kilometers from the coastline of the region shall also be with the government of the new autonomous region.
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Arrangements for sharing in jurisdic=on and revenues may be entered into between the regional government and its component local government units. The explora=on, development and use of natural resources and wealth must reinforce economic self-suciency in the region. How does one ensure the sustainable development and use of natural resources in the new autonomous region? The new organic act may provide for the crea=on of a Bangsamoro Council for Sustainable Development (BCSD) to draw up and monitor the implementa=on of a strategic environmental plan for the region; exercise original and exclusive jurisdic=on to arbitrate conic=ng resource use within the region, based on relevant na=onal and regional laws and local ordinances; or, arrange nego=ate for, or accept dona=ons, grants, gics, loans and other funding from domes=c and foreign sources to carry out the ac=vi=es of the Council, among others. In addi=on, the government of the new autonomous region of the Bangsamoro shall also enact a regional law providing for a comprehensive framework for sustainable development through proper conserva=on, u=liza=on and development of natural resources. The new organic act may further provide for minimum standards for proper conserva=on, u=liza=on and development of natural resources. How would the new autonomous region raise revenues to fund the exercise of its governmental func;ons? The government of the new autonomous region of the Bangsamoro may enact a regional law providing for a framework to maximize its own sources of revenues, beyond the revenue sources and mechanisms for obtaining revenues already in place, such as, securing nancial grants or dona=ons in kind from local and foreign assistance agencies without having to secure clearance or approval from the Na=onal Government. However, projects with na=onal security implica=ons shall need clearance from the na=onal agency concerned.
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The new autonomous region may also establish its own tax regime, impose, collect, raise and set rates and be eligible for tax incen=ves under exis=ng laws. Will there be special rules for the land use and management within the new autonomous region? The new autonomous region may enact regional laws par=cularly for legisla=ve and ins=tu=onal measures necessary to process and grant ancestral domain claims and other rights, improving on but not deroga=ng rights already protected under the Indigenous Peoples Rights Act or other laws. It may enact the necessary and more appropriate regional laws on land use, land tenure and the exercise of property rights, and agrarian reform.

IMPORTANT DATES: February 9-10, 2011: 20th Formal Talks in Malaysia - Renewal of the mandate of the Interna1onal Monitoring Team and Ad Hoc Joint Ac1on Group; Submission of MILFs Revised Comprehensive Compact April 25-26, 2011: 21st Formal Talks in Malaysia - Ques1on and Answer session on the MILFs February 2011 Revised Comprehensive Compact August 4, 2011: Mee1ng of President Aquino and MILF Chair Al Haj Murad Ebrahim in Japan - Exchange of perspec1ves on the Mindanao conict; agreement to fast track the nego1a1ons leaving the details of a nal peace agreement to the nego1a1ng panels August 22-23 2011: 22nd Formal Talks in Malaysia - Submission by GPH Panel of Governments 3-for-1 Proposal

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What will happen to exis;ng private property rights and other vested rights in areas within the scope of the new autonomous region? Exis=ng private property rights, including rights over ancestral domains, customary land laws and rights, are recognized and respected. The new organic act may determine equitable means of restora=on for losses arising from the unjust disposi=on of territorial and proprietary rights, customary land tenures or marginaliza=on. It may also ins=tute arbitra=on or other just and culturally-sensi=ve mechanisms to address land disputes. What kind of process for normaliza;on does the Accord propose? Development eorts in communi=es and special programs for the livelihood and capacity building of former combatants, the reseHlement of internally displaced persons, and the psycho-social healing of communi=es, especially women, the elderly and children, shall be ins=tuted. The Accord also acknowledges the need for the Par=es to explore various mechanisms for addressing past grievances regarding land ownership, including dispossession, and human rights viola=ons, which may include the senng up of a memorial in honor of the vic=ms of the armed conict. Are there arrangements for disarmament in the Accord? Both Par=es shall agree to undertake a comprehensive registra=on of all weapons in the region, and a weapons disposal and recovery plan for the control and recovery of high caliber rearms and ammuni=on and unregistered rearms. The Par=es shall ensure the professional and mul=- cultural character of the Philippine Na=onal Police - Regional Security Force.

Part Three: Acknowledgement of the Historical Roots of Conflict

Part Three of the Proposal acknowledges that the current conict is caused by injus=ce resul=ng from colonial oppression, postcolonial neglect, marginaliza=on of Muslim Filipinos in Mindanao and exacerbated by intolerance, the abuse by some na=onal leaders of weak poli=cal structures and some local Moro leaders in the Autonomous Region of Muslim Mindanao. Through a peace agreement, the GPH will lend its dominant voice in fostering a pluralis=c account of the rich histories and narra=ves of the various peoples in Mindanao. Such account may include the series of historical injus=ces suered by the peoples in Mindanao and shortcomings in governance.
In all, the GPH panel is saying that most of the demands of the MILF for self-governance can be accommodated within the present Constitution. By passing a new Organic Act, a more functional, representative and participatory governance institution with many of the features envisioned by the MILF can be incorporated. Coupled with the socioeconomic component, the means and conditions to become truly autonomous are enhanced. The GPH offer is, therefore, principled and pragmatic. It is transformative rather than surgical. While it understands the vision behind the MILFs proposal for a constitutional amendment that will allow the creation of a Bangsamoro substate whereby they themselves, will craft the Bangsamoro Basic Law, the GPH is saying that this option is not viable at this time. Still, the GPH offer is another way to get closer to that heaven in the Bangsamoros dream. - Panel Member Prof. Miriam Coronel-Ferrer (A Comprehensive Package for Autonomy, PDI, 8/29/11)

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NOTES: