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

  • 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.


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)