Government of the Philippines-MILF Decision Points on Principles as of April 2012

• Country/entity

  Philippines
  Mindanao
  
• Region

  Asia and Pacific
  Asia and Pacific
  
• Agreement name

  Government of the Philippines-MILF Decision Points on Principles as of April 2012
• Date

  24 Apr 2012
• 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

  Marvic M.V.F. Leonen, Panel Chair on behalf of the Government of the Philippines
  Mohagher Iqbal, Panel Chair on behalf of the Moro Islamic Liberation Front
• Third parties

  Tengku Dato’ Ab Ghafar Tengku Mohamed, Facilitator and Representative of Malaysia
• Description

  Agreement on principles that will guide discussion on the future substantive agenda of the negotiations, though not exhaustive. Principles include, recognition of the Bangsamoro identity and that a political entity, set up with a transition period, should be established with power-sharing and wealth-sharing between the National Government and the new entity. Agreement also includes a list of rights for citizens in the new political entity.

• Agreement document

  PH_120424_GPH-MILF Decision Points on Principles.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

GPH-MILF DECISION POINTS ON PRINCIPLES AS OF APRIL 2012

The Parties agree to the following principles, which shall further guide discussions on the substantive agenda of the negotiations.

This preliminary

list does not contain all points so far agreed upon and does not preclude future agreements on other key points.

1. The Parties recognize Bangsamoro identity and the legitimate grievances and claims of the Bangsamoro people.

2. The Parties agree that the status quo is unacceptable and that the Parties will work for the creation of a new autonomous political entity in place of the ARMM.

3. The Parties agree to the continuity of negotiations in the context of agreed documents.

4. The Parties agree that the new autonomous political entity shall have a ministerial form of government.

5. The Parties agree to the need for a transition period and the institution of transitional mechanisms in order to implement the provisions of the

agreement.

6. There will be power-sharing and wealth-sharing between the National Government and the new political entity.

In the matter of power sharing, the

National Government will have its reserved powers, the new political entity will have its exclusive powers, and there will be concurrent powers shared by the National Government and the new political entity.

The Parties agree that the following matters are reserved for the competence of the National Government:

a. defense and external security

b. foreign policy

c. common market and global trade (FOOTNOTE:

The power to enter into economic agreements already allowed under R.A. 9054 shall be

transferred to the new political entity.)

d. coinage and monetary policy

e. citizenship and naturalization

f. postal service

This list is without prejudice to other powers, which the Parties may agree to reserve to the National Government in the course of the negotiation.

7. The Parties agree that wealth creation (or revenue generation and sourcing) is important.

The Parties also acknowledge the power of the new political entity to create its own sources of revenue, subject to limitations as may be mutually agreed upon by the parties, and to have a just share in the revenues generated through the exploration, development or utilization of natural resources.

8. The Parties recognize the need to strengthen the Shari'ah courts and to expand their jurisdiction over cases.

The new political entity shall also have competence over the Shariah justice system.

9. The Parties agree to the creation of (third party) monitoring and evaluation mechanisms, which may utilize competencies already available in existing mechanisms, e.g. ICG, IMT, CCCH.

10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity 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 aspirations;

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 public service, regardless of class, creed, disability, gender or ethnicity;

j. Right to establish cultural and religious associations;

k. Right to freedom from religious, ethnic and sectarian harassment;

and

I. Right to redress of grievances and due process of law.

Done this 24th day of April 2012 in Kuala Lumpur, Malaysia.