Joint Technical Working Group Meeting on Territory

  • Country/entity
    Philippines
    Mindanao
  • Region
    Asia and Pacific
    Asia and Pacific
  • Agreement name
    Joint Technical Working Group Meeting on Territory
  • Date
    6 Feb 2006
  • 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
    Nasser Pangandaman, GRP;
    Abdulla Camlian, MILF
  • Third parties
    -
  • Description
    Agreement by the Technical Working Groups (TWGs) on the Strand of Territory, which provides for compilation and presentation of technical maps, lists of Settlements, Industrial Forest Management Agreements (IFMA), Certificates of Ancestral Domain Claims (CADCs), and Certificates of Ancestral Domain Titles (CADTs), and other data in order to determine which areas will delimit the Bangsamoro homeland. The Parties agreed to elevate the question of Bangsamoro borders to the Panels for resolution.


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→Rhetorical
    Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

    Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.d. The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindanao
  • Indigenous people
    Groups→Indigenous people→Substantive
    Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities.

    Page 2, 3. On the list of CADSc submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

    Page 2, 4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identifies, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement, and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

    Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

    Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.d. The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindnao.

    Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.

    Page 4, 10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited 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)

    No specific mention.

  • 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, 1. The meeting started with a review by both parties of the five (5) consensus points on the strand of territory during the 7th Exploratory Talks.

    Page 1, 2. Mr. Camlian formally submitted the following initial data gathered by the Technical Working Group (TWG) of the MILF in compliance to the agreement reached during the joint TWG meeting in the 7th Exploratory Talks for both parties to come up with detailed maps, locations and related data, referred to by the MILF in its position paper:

    Page 1, 2.a. Major Land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory;

    Page 2, 2.b. Lists of Islands in the Mindanao and Sulu Seas that formed part of the Bangsamoro Homeland and Ancestral Territory;

    Page 2, 2.c. Delimitation of the Territorial Areas of the Bangsamoro Homeland and Ancestral Territory;

    Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;

    Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.

    Page 2, 3. On the list of CADSc submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

    Page 2, 4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identifies, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement, and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

    Page 3, 5. The MILF-TWG also submitted its list of specific geographic areas and settlements in Mindanao that form part of the Bangsamoro homeland. For her part, Chairperson Serrano stated that the GRP also has a list of CADCs, CADTs, IFMAs and other settlements which are still in the process of being updated.

    Page 3, 6. Sec. Pangandaman gave a presentation of the maps prepared by the GRP-TWG for reference purposes. The presentation also detailed the Bangsamoro areas the GRP-TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM. The presentation likewise included a map of identified Muslim majority areas outside of the ARMM based on the 2000 Census.

    Page 4, 8. In reaction to the GRP presentation, the MILF-TWG stated its observation along the following points: 8.c. The MILF-TWG is approaching the discussions on "territory" along the point of geography, and not on demography.

    Page 4, 10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited as part of the Bangsamoro homeland.
  • 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
    Human rights and equality→Civil and political rights→Freedom of association
    Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.
  • Socio-economic rights
    Human rights and equality→Socio-economic rights→Cultural life
    Page 4, 9. Chairperson Serrano cited Consensus Point No. 1, Par. 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7th Exploratory Talks. Both parties reaffirmed this point.

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Other
    Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities.
  • 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, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper:
    2.f. List of Industrial forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR);
  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Other land rights
    Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.
  • Pastoralist/nomadism rights
    Page 2, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper: 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;
  • Cultural heritage
    Land, property and environment→Cultural heritage→Tangible
    Page 2, 2.g. List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao, Basilan and Palawan.
  • Environment
    Page 2, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper:
    2.f. List of Industrial forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR);
  • Water or riparian rights or access
    Page 1, 2. [...] both parties to come up with detailed maps, locations and related data referred to by the MILF in its position paper: 2.a. Major Land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory;

    Page 2, 2.d. Maritime and Inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral territory, and served as their Transportation and communication Highways and By-ways. Hunting and Fishing Ground of the Bangsamoro people and indigenous communities;

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. 157-160.

Confidential

JOINT TECHNICAL WORKING GROUP MEETING ON TERRITORY 06 February 2006

GRP Side

Nasser Pangandaman (Chairman)

Jannette Serrano

Mercedita Tia

Ryan Mark Sullivan

MILF Side

Abduila Camlian (Chairman)

Benjamin Dumato

Jaime Casinto Sr.

1. The meeting started with a review by both parties of the five (5) consensus points on the strand of territory during the 7th Exploratory Talks.

2. Mr Camlian formally submitted the following initial data gathered by the Technical Working Group (TWG) of the MILF in compliance to the agreement reached during the joint TWG meeting in the 7" Exploratory Talks for both parties to come up with detailed maps, locations and related data, referred to by the MILF in its position paper:

Major land Mass (inland, maritime and alluvial domains), Mountains and Mountain Ranges, and Sedimentary Basins forming part of the Bangsamoro Homeland and Ancestral Territory.

Lists of Islands in the Mindanao and Sulu Seas that formed part of the Bangsamoro Homeland and Ancestral Territory,

Delimitation of the Territorial Areas of the Bangsamoro Homeland and Ancestral Territory

Maritime and inland Bodies of waters that formed part of the Bangsamoro Homeland and Ancestral Territory, and served as their Transportation and Communication Highways and Byways.

Hunting and Fishing Grounds of the Bangsa moro people and indigenous communities,

List of Settlements (from the Bureau of Muslim Settlements):

List of industrial Forest Management Agreements (IFMA) (from Department of Environment and Natural Resources - DENR):

List of Certificate of Ancestral Domain Claims (CADC) issued as of June 6, 1998 for Mindanao Basilan and Palawan.

3. On the list of CADCs submitted by the MILF-TWG, Chairperson Serrano noted that said document also contains a list of Certificate of Ancestral Domain Titles (CADTs) issued by the National Commission on Indigenous Peoples (NCIP).

4. For reference purposes, Dr. Dumato proceeded to explain the details of the maps outlining the delimitation of the Bangsamoro areas which the MILF-TWG identified, particularly the geographic areas covered since the period of the Sultanates, the 1903 Moro Province the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present Autonomous Region in Muslim Mindanao (ARMM).

5. The MILF-TWG also submitted its list of specific geographic areas and settlements in Mindanao that form part of the Bangsamoro homeland.

For her part, Chairperson Serrano stated that the GRP also has a list of CADCs, CADTs, IFMAs and other settlements which are still in the process of being updated

6. Sec.

Pangandaman gave a presentation of the maps prepared by the GRP TWG for reference purposes.

The presentation also detailed the Bangsamoro areas the GRP TWG identified since the period of the Sultanates, the 1903 Moro Province, the 1914 Department of Mindanao and Sulu, the 1976 Tripoli Agreement and the 1996 GRP-MNLF Accord which constitutes the present ARMM.

The presentation likewise included a map of identified Muslim majority areas outside the ARMM based on the 2000 Census.

7. The parties agreed to submit all of the data presented by the GRP and MILF TWGs to the Malaysian Secretariat for future reference by the GRP and MILF Panels.

8. In reaction to the GRP presentation the MILF-TWG stated its observation along the following points.

The provinces of Misamis Oriental, Misamis Occidental, Surigao del Norte and Surigao del Sur were part the Sultanate of Maguindanao;

The Southern portion of Palawan was included as part of the Department of Mindanao and Sulu sometime in 1915;

The MILF TWG is approaching the discussions on "territory" along the point of geography and not on demography.

The term "Bangsamoro" is not only confined to the Muslim group but it also includes the non-Muslim native inhabitants in Mindanao.

9. Chairperson Serrano cited Consensus Point No.

1, Par 2 on the strand of Concept adopted by the GRP-MILF TWG during the 7" Exploratory Talks.

Both parties reaffirmed this point

10. With the technical maps, lists and other related data formally submitted and/or presented to both sides, the group reached an agreement to elevate to the Panels for resolution the question of which areas indicated in their respective presentations will be delimited as part of the Bangsamoro homeland.

11. There being no other matters to discuss, the meeting adjourned at around 12:30 p.m.

12. The group agreed to reconvene at 2:00 p.m. to finalize the highlights of the discussions.

For the GRP:

NASSER PANGANDAMAN

For the MILF:

ABDULLA CAMLIAN