Joint Statement (December 9 2009)

  • Country/entity
    Philippines
    Mindanao
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Joint Statement (December 9 2009)
  • Date
    9 Dec 2009
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Philippines - Mindanao process
  • Parties
    Rafael E. Seguis, GRP Panel Chairman;
    Mohagher Iqbal, MILF Panel Chairman
  • Third parties
    Signed in the presence of: Datuk Othman Bin Abdul Razak, Malaysian Government Facilitator
  • Description
    Agreement that informs on the resumption of formal talks between the Parties. The Parties agreed to renew the mandate of the International Monitoring Team (IMT)and revive the Ad Hoc Joint Action Group (AHJAG) to pursue criminal elements, in addition to assuring that Martial Law in Maguindanao would not affect the peace process. Civil society is represented in the International Contact Group, and the Parties extend an invitation to several NGOs to help monitor the ceasefire, the humanitarian rehabilitation and the civilian protection agreements. The Parties also agree to begin negotiations on a Comprehensive Compact.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 1,
    [...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).

    Page 1,
    [...] In a show of support, the members of the newly-constituted International Contact Group (ICG) attended and addressed the opening and closing sessions of the two-day formal resumption of the Talks. The ICG was represented by Japanese Ambassador to Malaysia Masahiko Hori, British High Commissioner to Malaysia Boyd McCleary, [...] the Asia Foundation,Conciliation Resources, Centre for Humanitarian Dialogue.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures
    Rights related issues→Protection measures→Protection of civilians
    Page 1,
    [...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions
    Page 1,
    [...] Also, the MILF sought clarification on the implication of the declaration of martial law in the Province of Maguindanao which point the GRP stated that it would not affect the peace process.
  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 1,
    [...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire
    Security sector→Ceasefire→General commitments
    Page 1,
    [...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime
    Page 1,
    [...] The Parties also renewed their commitment to continue efforts in coordinating the interdictment and isolation of criminal and lawless elements by reviving the Ad Hoc Joint Action Group (AHJAG).
  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory
    Signed in the presence of: Datuk Othman Bin Abdul Razak, Malaysian Government Facilitator
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 1,
    [...] As the Parties continue the path of peace, they also agreed to continue creating and enabling a secure environment for the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian rehabilitation, development and civilian protection agreements. Pursuant to this, the Parties will invite as IMT members Malaysia, Japan, Brunei and Libya and non-governmental organizations, namely the International Committee on the Red Cross (ICRC) the Mindanao People's Caucus (MPC) and the Non-Violent Peace Force (NVPF).
  • Related cases

    No specific mention.

  • Source
    GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), p. 291.

Joint Statement

The GRP and MILF Peace Panels, with the Malaysian third party facilitator, opened the formal peace negotiations and reaffirmed their shared commitment to building a just, enduring and comprehensive peace in Mindanao.

With the formal resumption of the Talks, the parties agree to begin in earnest the negotiations on a Comprehensive Compact.

As the parties continue the path of peace, they also agreed to continue creating and enabling secure environment of the negotiations by renewing the Terms of Reference for the International Monitoring Team (IMT) to monitor ceasefire, humanitarian, rehabilitation, development and civilian protection agreements.

Pursuant to this, the Parties will invite IMT members Malaysia, Japan, Brunei and Libya and non-government organisations, namely the International Committee on the Red Cross (ICRC), the Mindanao People’s Causes (MPC) and the Non-violent Peace Force (NVPF).

The Parties also renewed their commitment to continue efforts in coordinating the interdiction and isolation criminal and lawless elements by reviving the Ad Hoc Joint Action Group (AHJAG).

The GRP took serious note of the MILF concerns of continued arrests of its elements by the government authorities and to take steps to address the issue.

Also, the MILF sought clarification on the implication of the declaration of martial law in the Province of Maguindanao to which point the GRP stated that it would not affect the peace process.

In a show of support, the members of the newly-constituted International Contact Group (ICG attended and addressed the opening and closing sessions of the two-day formal resumption of the Talks.

The ICG was represented by Japanese Ambassador to Malaysia Masahiko Horic, British High Commissioner to Malaysia Boyd McCleary, Turkish Chargé d’Affaires Yasin Temizkan, Steven Rood and Herizal Hazri of The Asia Foundation, Cynthia Petrigh and Kristian Herbolzheimer of Conciliation Resources, David Gorman of the Centre for Humanitarian Dialogue, and Prof. Dr. Din Syamsuddin and Dr. Sudibyo Markus of Muhammadiyah.

The Parties expressed their gratitude to her Excellency President Gloria Macapagal-Arroyo for her desire and commitment to peace and development in Mindanao, and to His Excellency Prime Minister Dato’ Sri Mohd Najib bin Tun Haji Abdui Razak for his generous and steadfast support to the GRP-MILF peace process.

Done this 9th day of December 2009 in Kuala Lumpur, Malaysia.

For the GRP:

RAFAEL E. SEGUIS (GRP CHAIRMAN)

For the MILF:

MOHAGHER IQBAL (MILF PANEL CHAIRMAN

Signed in the Presence of:

DATUK OTHMAN BIN ABDUL RAZAK (MALAYSIAN GOVERNMENT FACILITATOR)