Consensus Points on the Strands on Concept, Territory Resources, and Governance at TWG level

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Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Asia and Pacific
Agreement name
Consensus Points on the Strands on Concept, Territory Resources, and Governance at TWG level
Date
20 Apr 2005
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Philippines - Mindanao process
Parties
Prof. Rudy Rodil, GRP-TWG Chair;
Atty. Musib Buat, MILF-TWG Chair
Third parties
-
Description
Two page agreement affirming consensus points on issues of Bangsamoro identity, territory, resources, and governance.

Agreement document
PH_050420_Consensus Points of TWG Discussions.pdf | Download PDF

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
Groups→Religious groups→Substantive
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribes to free choice. They also agreed to elevate to the panels for discussion the inclusion of IPs as part of the Bangsamoro people.
Indigenous people
Groups→Indigenous people→Substantive
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribes to free choice. They also agreed to elevate to the panels for discussion the inclusion of IPs as part of the Bangsamoro people.

Page 1, Territory
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
3. On Paragraph 2(c) of the MILF position paper on Territory, both Parties agree on the ARMM as part of the core of the Bangsamoro homeland.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.
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)
Governance→Political institutions (new or reformed)→General references
Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

Page 2, Resources
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
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
Power sharing→Territorial power sharing→Autonomous regions
Page 1, Territory
1. Both Parties agree on Paragraph 1 of the MILF position paper on Territory.
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
3. On Paragraph 2(c) of the MILF position paper on Territory, both Parties agree on the ARMM as part of the core of the Bangsamoro homeland.
4. Both Parties agree to come up with detailed maps, locations and related date indicated in Paragraph 2(a)-2(c) for matching and comparison purposes.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.

Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
...
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

Page 2, Governance
1. Both Parties agree to refer the matter of "governance" to the Panels for further discussion.
Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
Page 2, Resources
1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.

Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

Page 2, Resources
3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF positions paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.

Page 2, Resources
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

Page 2, Resources
5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF Position Paper on Resources.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
Page 1, Concept
3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.
Bill of rights/similar
No specific mention.
Treaty incorporation
Page 1, Concept
3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.
Civil and political rights
No specific mention.
Socio-economic rights
Human rights and equality→Socio-economic rights→Cultural life
Page 1, Concept
1. Both Parties acknowledge the birthright of the Bangsamoro people to identify themselves as "Bangsa moro" as stipulated in Paragraph 1 of the MILF position paper. Both Parties affirm the rights of non-Islam professing indigenous tribs to free choice. They also agreed to elevate to eh panels for discussion the inclusion of IPs as part of the Bangsamoro people.

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
No specific mention.
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
No specific mention.
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
No specific mention.
National economic plan
No specific mention.
Natural resources
Page 2, Resources
1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF positions paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.
4. Both Parties agree to carry Paragraph 5 of the MILF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.
5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF Position Paper on Resources.
International funds
No specific mention.
Business
Page 2, Resources
2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.
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
Page 1, Territory
2. Both Parties agree to the rationale of including bodies of water (maritime, alluvial domains) as part of the Bangsamoro ancestral domain.
5. On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland seas, bodies of water, bays, straits and channels within the Mindanao-Sulu-Palawan region as part of the Bangsamoro homeland.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
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
No specific mention.
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
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
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), pp. 148-149.

CONSENSUS POINTS OF JOINT TWG DISCUSSIONS

Concent

Both parties acknowledge the birthright of the Bangsamoro people to identify themselves as ‘Bangsa Moros’ as stipulated in Paragraph 1 of the MILF position paper.

Both parties affirm the rights of non- Islam professing indigenous tribes to free choice.

They also agreed to elevate to the Panels for discussion the inclusion of IPs as part of the Bangsamoro people.

2. Both parties agree in principle to Paragraph 2 of the MILF position paper.

3. In determining the context of the word "freedom" in Paragraph 3 of the MILF position paper, both Parties shall refer to the GRP-MILF Tripoli Agreement of 2001 where they have agreed to adhere to international humanitarian law and human rights instruments.

4. Both Parties agree on the theory that ancestral domain does not form part of the public domain.

5. The Parties agree to the definition of ancestral domain and ancestral land as indicated in Paragraph 5 of the MILF position paper.

Territory

Both Parties agree on Paragraph 1 of the MILF position paper on territory.

Both Parties agree to the rationale of including bodies of water (maritime,

On paragraph 2(e) of the MILF position paper on territory, both Parties agree on the ARMM as part of the core of the Bansamoro homeland

Both Parties agree to come up with detailed maps, locations and related data indicated in Paragraphs 2(a)-2(c) for matching and comparison purposes.

On Paragraph 3 of the MILF position paper on Territory, both Parties agree to come up with a comprehensive list of all inland-seas, bodies of water, bays, straits and channels within the Mindanao-Suha-Palawan region as part of the Bangsamoro homeland

Resources

1. Both Parties agree to carry the first and second paragraphs as stated in the MILF position paper on Resources.

2. On Paragraph 3 of the MILF position paper on Resources, both Parties agree to refer to the Panels for discussion the matter on the authority of the proposed Bangsamoro juridical entity to revoke or grant forest concessions, timber license, contracts or agreements.

3. Both Parties agree to elevate to the Panels for discussion the modalities to operationalize Paragraph 4 of the MILF position paper on Resources, as well as the details on strategic minerals or materials within the proposed Bangsamoro territory, in the event that the Panels adopt a mechanism for economic cooperation.

4. Both Parties agree to carry Paragraph 5 of the MLF position paper on Resources, given that its details are tied up with the final setting up of the institution or political structure/body to undertake/adopt appropriate measures with regard to resources.

5. Both Parties agree to elevate to the Panels for discussion the provisions of Paragraph 6 of the MILF position paper on Resources.

Governance

1. Both Parties agree to refer the matter of "governance" to the Panels for further discussion.

For GRP-TWG:

PROF.RUDY RODIL (GRP-TWG CHAIR)

For the MILF-TWG:

ATTY.

MUSIB BUAT (MILF-TWG CHAIR)