MORO
HOMELAND
16TH
CENTURY MORO
STATES
By the 16th Century, four Moro states
already existed:
1. Sultanate of Sulu;
2. Sultanate of Maguindanao;
3. Buayan Sultanate; and
4. Apat na Pangampong in Lanao
During the Spanish-American War
of 1898, all three competing powers -
Aquinaldo's revolutionary government,
the Kingdom of Spain, and the U.S.
government acknowledged that the
Moros were not part of the Philippines.
During the peace negotiations conducted
between Madrid and Washington to
formally terminate the war and resolve
colonial issues, Spain - contrary to
earlier pronouncements - officially
declared that Moroland, Basilan,
Mindanao, Palawan, and the Sulu
archipelago, was not part of her colony
of the Philippines.
The Moros were independent of the
Philippines so bilateral treaties were to
be negotiated especially with the
Sultanate of Sulu. A commercial treaty
had already existed between the U.S. and
Sulu since 1842.
The result was the Bates Treaty.
Negotiated between two, equal,
sovereign states - the United States and
the Sultanate of Sulu - the treaty was
signed on August 20, 1899. This was
eight months after the Treaty of Paris
had been signed ending the Spanish-
American War.
.
BATES TREATY
Washington officially acknowledged that
the Moros were not part of the
Philippines and specifically guaranteed
to respect the identity and the integrity of
the Sulu Sultanate. In return, the sultan
recognized U.S. sovereignty
MORO-US WAR AFTER BATES
TREATY ABROGATION
March 21, 1904, the U.S. government
unilaterally, and illegally, abrogated the
Bates Treaty and provoked a MORO-US
war which lasted until 1913.
Notable Pockets of War were: the
Panglimas Hasan and Maharadja Andung
in Sulu, the Datus of Maciu, Binidayan,
and Taraca in Lanao, Mindanao, the Datu
Ali in Cotabato, Mindanao, and the
leaders of the Footmen Uprising in
Palawan.
MORO PROVINCE
June 1, 1903
Moro Province consisting of all of the
territory of the Philippines lying south of
the eight parallel of latitude, excepting
the island of Palawan and the eastern
portion of the northwest peninsula of
Mindanao, which includes current
provinces/regions of Zamboanga, Lanao,
Cotabato, Davao, and Sulu.
MORO PROVINCE
MISAMIS
SURIGAO
AGUSAN
MINDANAO-SULU
1903-1913
SPECIAL: Moro; Agusan
REGULAR: Misamis; Surigao
SEAL OF GOVERNMENT OF
MORO PROVINCE
COAT OF ARMS OF MINDANAO AND
SULU 1914-1920
EAL OF GOVERNMENT OF THE MORO PROVINCE
FILIPINO COLONIZATION
In 1935, the Commonwealth of
the Philippines was formally
established. Under the Quezon
administration an escalation of
Filipino colonization of Bangsa
Moro homeland commenced.
President Quezon's address to the First
National Assembly on June 16, 1936
states that. . .
“the time has come when we should
systematically proceed with and bring
about the colonization and economic
development of Mindanao..”
DECLARATION OF INDEPENDENCE
OF MINDANAO AND SULU
May 1, 1968, the provincial governor of
Cotabato, Datu Udtog Matalam, made a
dramatic move. He issued the Mindanao
Independence Movement (MIM)
manifesto calling for the independence
of Mindanao and Sulu to be known and
referred to as the Republic of Mindanao
and Sulu.
DECOLONIZATION
STRUGGLE
THE FOUNDING OF THE MORO
NATIONAL LIBERATION FRONT IN 1969
BY YOUNG MILITANT MUSLIM
STUDENTS, POLITICAL LEADERS AND
THE MORO GRASSROOTS SIGNALLED
THE POLITICAL AND ARMED STRUGGLE
TO DECOLONIZE THE MORO
HOMELAND FROM THE PHILIPPINE
“NEO-COLONIAL RULE”
1976 TRIPOLI
AGREEMENT
AGREEMENT TO ESTABLISH THE
AUTONOMOUS REGION FOR SOUTHERN
PHILIPPINES.
1976 TRIPOLI AGREEMENT
THE HIGH CONTRACTING PARTIES
1. THE REPUBLIC OF THE PHILIPPINES;
2. THE MORO NATIONAL LIBERATION
FRONT;
3. WITH THE PARTICIPATION OF THE
QUADRIPARTITE MINISTERIAL COMMISSION
MEMBERS OF THE ISLAMIC CONFERENCE
AND THE SECRETARY GENERAL OF THE
ORGANIZATION OF ISLAMIC CONFERENCE
TERRITORY
Provinces: Tawi Tawi, Sulu, Basilan,
Palawan, Zamboanga del Sur, Zamboanga
del Norte, Sibugay, Lanao del Sur, Lanao
del Norte, Maguindanao, Sultan Kudarat,
North Cotabato, South Cotabato,
Sarangani Province, Davao del Sur
Cities: Puerto Princesa, Zamboanga,
Dipolog, Pagadian, Iligan, Marawi,
Cotabato, Koronadal, Kidapawan, General
Santos
13 Provinces Territory of Autonomy
Tripoli Agreement 1976
TRANSITIONAL MECHANISM
ESTABLISHMENT OF A PROVISIONAL
GOVERNMENT IMMEDIATELY AFTER
THE SIGNING OF THE TRIPOLI
AGREEEMENT TO BE APPOINTED BY
THE PRESIDENT OF THE PHILIPPINES
MANDATE OF THE
PROVISIONAL GOVERNMENT
1. To prepare for the elections of the
Legislative Assembly in the territories
of the autonomy;
2. Administer the areas in accordance
with the Tripoli Agreement until a
Government is formed by the elected
Legislative Assembly. (Par. 15, TA)
PROCESS OF
IMPLEMENTATION
THE GOVERNMENT OF THE PHILIPPINES
SHALL TAKE ALL NECESSARY
CONSTITUTIONAL PROCESS FOR THE
IMPLEMENTATION OF THE ENTIRE
AGREEMENT (Par. 16)
FRAMEWORK OF AUTONOMY
SECURITY
• JOINING OF THE FORCES OF MNLF
AND THE AFP (par. 2)
• SETTING UP OF SPECIAL REGIONAL
SECURITY FORCES (par. 8)
ADMINISTRATION OF JUSTICE
• Right to set up Courts to implement
Islamic Shari’ah laws
• Right to be represented in all courts
including the Supreme Courts (par. 3)
EDUCATION
Right to set up schools, colleges and
universities (par. 4)
SYSTEM OF GOVERNMENT
AN ADMINISTRATIVE SYSTEM IN
COMPLIANCE WITH THE OBJECTIVES
OF AUTONOMY, LEGISLATIVE
ASSEMBLY AND EXECUTIVE COUNCIL
(par. 5 and 9)
NATURAL RESOURCES
REASONABLE PERCENTAGE
DERIVED FROM THE REVENUES OF
MINES AND MINERALS (par. 10)
REPRESENTATION
RIGHT OF REPRESENTATION AND
PARTICIPATION IN THE CENTRAL
GOVERNMENT AND ALL OTHER
ORGANS OF THE STATE.
PROVISIONAL GOVERNMENT SHALL
BE ESTABLISHED IMMEDIATELY UPON
THE SIGNING OF THE AGREEMENT
ON DECEMBER 23, 1976. (par. 15)
AUTONOMOUS REGIONS
DURING MARTIAL LAW
On the basis of the "referendum
-plebiscite" of April 17, 1977, the
Philippine government by virtue of
Presidential Decree No. 1618 issued on
July 25, 1975 established two
autonomous regions, namely, Region IX
(Sulu, Tawi-Tawi, Basilan, Zamboanga
del Norte, and Zamboanga del Sur) and
Region XII (Lanao del Norte, Lanao del
Sur, North Cotabato, Maguindanao, and
Sultan Kudarat).
MNLF REJECTION
THE MNLF REJECTED THE PD 1816
BECAUSE IT VIOLATED THE 1976
TRIPOLI AGREEMENT.
ARMM
ON AUGUST I, 1989, CONGRESS OF THE
PHILIPPINES PASSED REPUBLIC ACT
6734 CREATING THE AUTONOMOUS
REGION IN MUSLIM MINDANAO
WHEREBY A PLEBISCITE WAS HELD IN
THE TWO AUTONOMOUS REGIONS OF
REGION IX AND REGION IX PLUS THE
PROVINCES OF DAVAO DEL SUR,
SOUTH COTABATO AND PALAWAN.
MNLF REJECTION
AGAIN, THE MNLF REJECTED RA 6734
BECAUSE IT VIOLATED THE 1976
TRIPOLI AGREEMENT AND BOYCOTTED
THE PLEBISCITE FOR THE
RATIFICATION OF THE NEW AUTONOMY
LAW. THE LATE PRESIDENT CORAZON
AQUINO ADMITTED THAT RA 6734 WAS
A UNILATERAL INITIATIVE OF THE GRP
TO IMPLEMENT THE 1976 TRIPOLI
AGREEMENT.
RA 6734 PLEBISCITE
THE PLEBISCITE RATIFYING RA 6734
SHRUNK THE BANGSAMORO HOME
LAND TO FOUR PROVINCES NAMELY:
TAWI TAWI, SULU, LANAO DEL SUR
AND MAGUINDANAO
ARMM 1989
1996 FINAL PEACE
AGREEMENT
THE IMPLEMENTING MECHANISM TO
FULLY IMPLEMENT THE 1976 TRIPOLI
AGREEMENT IN ACCORDANCE WITH
THE CONSTITUTIONAL PROCESS IS THE
1996 FINAL PEACE AGREEMENT
1996 PEACE AGREEMENT
THE HIGH CONTRACTING PARTIES
1.GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES (GRP);
2. MORO NATIONAL LIBERATION FRONT (MNLF);
3. WITH THE PARTICIPATION OF THE
ORGANIZATION OF THE ISLAMIC CONFERENCE
(OIC) MINISTERIAL COMMITTEE OF THE SIX AND
THE SECRETARY GENERAL OF THE OIC
THE TRANSITIONAL PERIOD
(PHASE I)
• Establishment of Special Zone of Peace
and Development SZOPAD
• Establishment of Southern Philippinnes
Council for Peace and Developemnt
(SPCPD)
• Joining of MNLF elements with the PNP
(1,500) and AFP (5,750)
• Right of Representation
• Establish Development Task Forces
• Creation of the Darul Iftah
• Establishment of the Consultative
Assembly having powers, among others,
to make rules and regulations to the extent
necessary for the effective and efficient
administration of the affairs of the area.
• Channeling of public and private
investment into the area to spur economic
development
POWERS OF THE SPCPD
• Exercise control and supervision over
appropriate agencies engaged in peace and
development activities in the area;
• Monitor, promote, and coordinate development
efforts;
• Attract foreign investment ;
• Cause the implementation of peace and
development projects;
• To be deputized by the Commission on Elections
to assist in the preparation of the holding of
elections, referenda or plebiscite and people’s
initiative
ESTABLISHMENT OF NEW
AUTONOMOUS REGION (PHASE II)
THE SECOND PHASE SHALL
BE IMPLEMENTED THROUGH
A CONGRESSIONAL ACT TO
LEGISLATE PERTINENT
PROVISIONS OF THE PEACE
AGREEMENT BY AMENDING
RA 6734.
THE AUTONOMOUS REGION
The New Autonomous Government
exercises broad and plenary powers
Exceptions: Foreign Affairs, National and
Security Defense, Postal Service, Coinage,
Fiscal and Monetary Policies, Administration of
Justice except Shari’a,. Quarantine, Customs
and Tariff, Citizenship, Naturalization,
Immigration, Deportation, General Auditing, Civil
Service and Foreign Trade, Patents,
Trademarks, Trade-names and Copyrights. (par.
27)
The Establishment of the
Special Regional Security
Forces for the Autonomous
Region -Phase-2 of the
Implementation of the Tripoli
Agreement (paragraphs 73-93)
Educational System to develop total
spiritual, intellectual, social, cultural,
scientific and physical aspects of
Bangsamoro people to make them
God-fearing, productive, patriotic
citizens conscious of their Filipino and
Islamic values and Islamic cultural
heritage (paragraphs 94-124 PA);
• The Economic and Financial
System, Control over Mines
and Minerals (paragraphs 126-
151, PA);
• Establishment of Shari’ah
Courts (152 PA)
GAPS IN THE IMPLEMENTATION
IN PHASE I
Executive Order No. 371 signed in
October 1996 omitted the stipulated
control, and/or regulatory powers of
the SPCPD over government agencies
operating within SZOPAD
Immediately after the signing of the
1996 Peace Agreement, the GRP held
peace talks with the Moro Islamic
Liberation Front without any
participation and knowledge of the
SPCPD/MNLF ignoring the vital role of
the latter to orchestrate the peace and
development projects within SZOPAD
In the 1998 general elections, and
local elections and even in the
plebiscite in 2000 the SPCPD was not
deputized to participate in the
conduct of these electoral exercises
violating the agreement that the
SPCPD would be deputized by the
COMELEC in the conduct of any
electoral activity within the SZOPAD.
The deteriorating peace and order
condition in the area, the all out war
policy of the GRP particularly in the
Estrada regime, the unabated criminal
activities of lawless elements
aggravated by the deliberate ignoring of
the SPCD’S role by the GRP in the
resolutions of these conflicts, have all
conspired to marginalized and render the
SPCPD irrelevant in violation of the 1996
Peace Agreement.
The “business as usual” attitude of the
government in the preparations and
enactment of the General
Appropriation Acts from 1997 to 2001
up to the present resulted in the lack
of/insufficient funding for projects
intended for rehabilitation,
reconstruction, reconciliation, social,
economic and infrastructure projects.
The projects implemented and the
funds released in the SZOPAD during
the 3 year transitory period were
regular funds for regular projects and
programs (to be implemented even if
there was no Peace Agreement). The
alleged projects were implemented by
national agencies but not the SPCPD.
RA 9054
EXPANDED ARMM
RA 9054 LAPSED INTO LAW ON
MARCH 31, 2001 WITHOUT THE
PRESIDENT’S SIGNATURE,
PURSUANT TO SEC 27(1), ARTICLE
VI OF THE CONSTITUTION.
LEGITIMACY OF REPUBLIC ACT 9054
IS QUESTIONED
RA 9054 IS QUESTIONED BY
THE MNLF BECAUSE IT
VIOLATES THE 1976 TRIPOLI
AGREEMENT AND 1996 FINAL
PEACE AGREEMENT
UNRESOLVED HOMELAND
SHRINKAGE
THE PLEBISCITE PROCESS TO
RATIFY RA 9054 IN 2001
ADDED BASILAN PROVINCE
ONLY TO THE SHRUNK
BANGSAMORO HOMELAND
REGIONAL GOVERNMENT
ARMM 2001
13 Provinces Territory of Autonomy
Tripoli Agreement 1976
MORO PROVINCE
MISAMIS
SURIGAO
AGUSAN
MINDANAO-SULU
1903-1913
SPECIAL: Moro; Agusan
REGULAR: Misamis; Surigao
OIC INITIATIVES TO FULLY
IMPLEMENT THE 1996 FPA
NOVEMBER 2007
JEDDAH, KINGDOM OF SAUDI ARABIA
FORMATION OF THE OIC-GRP-MNLF
TRIPARTITE REVIEW FOR THE PURPOSE OF
FULL IMPLEMENTATION OF THE 1996 FINAL
PEACE AGREEMENT REGARDING THE
FOLLOWING:
SHARI’AH, NATURAL RESOURCES AND
ECONOMIC DEVELOPMENT;POLITICAL
SYSTEM; SPECIAL REGIONAL SECURITY
FORCE and EDUCATION.
STATUS OF THE TRIPARTITE
REVIEW
1. Agreement to amend 46 defective
provisions of RA 9054 to conform to the
1996 Final Peace Agreement;
2. Proposed Amendments to 9054 shall be
certified by the President to Philippine
Congress as Administration Urgent Bill;
3. Affirmed the Primacy of the 1996 FPA;
4. On March 1, 2012, MNLF walked out during
Tripartite Meeting in Bandung, Indonesia
because GRP insist the latter had fully
implemented Phase 2 of the 1996 FPA
GPH-MNLF AGREEMENT
UNDERSTANDING
DURING MNLF-OIC-GPH WITH OIC
MEETING IN KUWAIT LAST MAY 2015
THERE WAS UNDERSTANDING TO
RESUME THE TRIPARTITE REVIEW
PROPOSED MEETINGS
• TRIPARTITE TECHNICAL MEETING ON
AUGUST 2015;
• MINISTERIAL LEVEL TRIPARTITE
REVIEW MEETING ON OCTOBER 2015
UNRESOLVED ISSUES IN
THE TRIPARTITE REVIEW
1. TERRITORY OF THE AUTONOMOUS
REGION AND AREAS TO BE
COVERED BY A NEW PLEBISCITE;
2. DEFINITION AND SHARING OF
REVENEUS OF STRATEGIC
MINERALS; AND
3. TRANSITIONAL MECHANISM.
Question: What is the MNLF
position on plebiscite?
Answer:
1. The emendment/revision/repeal of RA 9054 shall
be ratified in a plebiscite to be conducted in the five
provinces and one city in the ARMM;
2. All other provinces and cities identified in the
1976 Tripoli Agreement and 1996 Final Peace
Agreement which are outside the ARMM will be
asked whether they will join the autonomous
government.
(Par. 2(a-b), Section 1, Art. II, 9054)
Question: What is the GPH position
on territory and plebiscite?
Answer:
1. The territory of the ARMM is the final
territory of the autonomous region;
2. The result of the plebiscite in 2001 is
final so there cannot be another
plebiscite
Question: Does the Constitution prohibit the
conduct of another plebiscite to the determine
the new territory of the autonomous region?
• Answer: No. In fact there are two
plebiscites already conducted to
determined the territory of the ARMM
namely:
1. 1990 Plebiscite to create ARMM;
2. 2001 Plebiscite to expand the ARMM
Question: What does the constitution
say on autonomous regions?
Answer: Section 5, Article X provides
that the autonomous regions shall
“consist of the provinces, cities,
municipalities and geographical areas
sharing common and distinctive
historical and cultural heritage,
economic and social structure and other
relevant characteristics.
Based on the constitution the
autonomous region can comprise the
provinces and cities mentioned in the
1976 Tripoli Agreement and all other
areas in Mindanao sharing common and
distinctive historical and cultural
heritage, economic and social structure
and other relevant characteristics
Question: What is the GPH position on
Strategic Minerals?
Answer:
1. Definition: Uranium, petroleum, other
fossil fuels, mineral oils, and all sources
of potential energy, aquatic parts, forest
and watershed reservation;
2. Sharing: 50=50
Question: What is the MNLF
position on Strategic Minerals?
Answer:
1. Definition: Uranium and imported
minerals.
2. Sharing: 70% for the autonomous
government; 30% for the central
government.
INTERIM AGREEMENT ON
STRATEGIC MINERALS
1. THE ARMM AND DEPARTMENT OF
ENERGY SHALL CO-MANAGE
STRATEGIC MINERAL;
2. SHARING OF REVENUES SHALL BE IN
ACCORDANCE WITH 9054– 50-50.
CO-MANAGEMENT OF
STRATEGIC MINERALS
ARG ARMM DENR-DOA
Acceptance, processing, evaluation, and
assessment of application for permit to
explore, utilization contracts, to impose
administrative charges and fees.
Approval of application for permit
to explore and/or utilization contact
duly recommended by the ARG.
No application shall be approved
without the favorable
recommendation of the ARG
If, after the lapse of 30 working
days upon receipt of the
recommended application, no
action is taken by the national
government, the application is
deemed approved.
ARG-ARMM DENR-DOA CENTRAL GOVT.
Recommends approval of permits,
contract upon endorsement of all
the respective Sangguniangs (Local
Government Councils) and after
securing the free and prior
informed consent in accordance
with the Indigenous Peoples Rights
Act.
Approval of the permits, contracts
recommended by ARG
Co signatory together with the GPH of
any permit, contract
Co signatory together with the ARG
of any permit, contract
Tasked to be primarily responsible for
the monitoring of compliance to the
duly approved exploration permits and
utilization contracts
May at its option, monitor compliance
to the duly approved exploration
permits and utilization.

The Moro Homeland

  • 1.
  • 2.
    16TH CENTURY MORO STATES By the16th Century, four Moro states already existed: 1. Sultanate of Sulu; 2. Sultanate of Maguindanao; 3. Buayan Sultanate; and 4. Apat na Pangampong in Lanao
  • 3.
    During the Spanish-AmericanWar of 1898, all three competing powers - Aquinaldo's revolutionary government, the Kingdom of Spain, and the U.S. government acknowledged that the Moros were not part of the Philippines.
  • 4.
    During the peacenegotiations conducted between Madrid and Washington to formally terminate the war and resolve colonial issues, Spain - contrary to earlier pronouncements - officially declared that Moroland, Basilan, Mindanao, Palawan, and the Sulu archipelago, was not part of her colony of the Philippines.
  • 5.
    The Moros wereindependent of the Philippines so bilateral treaties were to be negotiated especially with the Sultanate of Sulu. A commercial treaty had already existed between the U.S. and Sulu since 1842.
  • 6.
    The result wasthe Bates Treaty. Negotiated between two, equal, sovereign states - the United States and the Sultanate of Sulu - the treaty was signed on August 20, 1899. This was eight months after the Treaty of Paris had been signed ending the Spanish- American War. .
  • 7.
    BATES TREATY Washington officiallyacknowledged that the Moros were not part of the Philippines and specifically guaranteed to respect the identity and the integrity of the Sulu Sultanate. In return, the sultan recognized U.S. sovereignty
  • 8.
    MORO-US WAR AFTERBATES TREATY ABROGATION March 21, 1904, the U.S. government unilaterally, and illegally, abrogated the Bates Treaty and provoked a MORO-US war which lasted until 1913.
  • 9.
    Notable Pockets ofWar were: the Panglimas Hasan and Maharadja Andung in Sulu, the Datus of Maciu, Binidayan, and Taraca in Lanao, Mindanao, the Datu Ali in Cotabato, Mindanao, and the leaders of the Footmen Uprising in Palawan.
  • 10.
    MORO PROVINCE June 1,1903 Moro Province consisting of all of the territory of the Philippines lying south of the eight parallel of latitude, excepting the island of Palawan and the eastern portion of the northwest peninsula of Mindanao, which includes current provinces/regions of Zamboanga, Lanao, Cotabato, Davao, and Sulu.
  • 11.
  • 12.
    SEAL OF GOVERNMENTOF MORO PROVINCE
  • 13.
    COAT OF ARMSOF MINDANAO AND SULU 1914-1920 EAL OF GOVERNMENT OF THE MORO PROVINCE
  • 14.
    FILIPINO COLONIZATION In 1935,the Commonwealth of the Philippines was formally established. Under the Quezon administration an escalation of Filipino colonization of Bangsa Moro homeland commenced.
  • 15.
    President Quezon's addressto the First National Assembly on June 16, 1936 states that. . . “the time has come when we should systematically proceed with and bring about the colonization and economic development of Mindanao..”
  • 16.
    DECLARATION OF INDEPENDENCE OFMINDANAO AND SULU May 1, 1968, the provincial governor of Cotabato, Datu Udtog Matalam, made a dramatic move. He issued the Mindanao Independence Movement (MIM) manifesto calling for the independence of Mindanao and Sulu to be known and referred to as the Republic of Mindanao and Sulu.
  • 17.
    DECOLONIZATION STRUGGLE THE FOUNDING OFTHE MORO NATIONAL LIBERATION FRONT IN 1969 BY YOUNG MILITANT MUSLIM STUDENTS, POLITICAL LEADERS AND THE MORO GRASSROOTS SIGNALLED THE POLITICAL AND ARMED STRUGGLE TO DECOLONIZE THE MORO HOMELAND FROM THE PHILIPPINE “NEO-COLONIAL RULE”
  • 18.
    1976 TRIPOLI AGREEMENT AGREEMENT TOESTABLISH THE AUTONOMOUS REGION FOR SOUTHERN PHILIPPINES.
  • 19.
    1976 TRIPOLI AGREEMENT THEHIGH CONTRACTING PARTIES 1. THE REPUBLIC OF THE PHILIPPINES; 2. THE MORO NATIONAL LIBERATION FRONT; 3. WITH THE PARTICIPATION OF THE QUADRIPARTITE MINISTERIAL COMMISSION MEMBERS OF THE ISLAMIC CONFERENCE AND THE SECRETARY GENERAL OF THE ORGANIZATION OF ISLAMIC CONFERENCE
  • 20.
    TERRITORY Provinces: Tawi Tawi,Sulu, Basilan, Palawan, Zamboanga del Sur, Zamboanga del Norte, Sibugay, Lanao del Sur, Lanao del Norte, Maguindanao, Sultan Kudarat, North Cotabato, South Cotabato, Sarangani Province, Davao del Sur Cities: Puerto Princesa, Zamboanga, Dipolog, Pagadian, Iligan, Marawi, Cotabato, Koronadal, Kidapawan, General Santos
  • 21.
    13 Provinces Territoryof Autonomy Tripoli Agreement 1976
  • 22.
    TRANSITIONAL MECHANISM ESTABLISHMENT OFA PROVISIONAL GOVERNMENT IMMEDIATELY AFTER THE SIGNING OF THE TRIPOLI AGREEEMENT TO BE APPOINTED BY THE PRESIDENT OF THE PHILIPPINES
  • 23.
    MANDATE OF THE PROVISIONALGOVERNMENT 1. To prepare for the elections of the Legislative Assembly in the territories of the autonomy; 2. Administer the areas in accordance with the Tripoli Agreement until a Government is formed by the elected Legislative Assembly. (Par. 15, TA)
  • 24.
    PROCESS OF IMPLEMENTATION THE GOVERNMENTOF THE PHILIPPINES SHALL TAKE ALL NECESSARY CONSTITUTIONAL PROCESS FOR THE IMPLEMENTATION OF THE ENTIRE AGREEMENT (Par. 16)
  • 25.
    FRAMEWORK OF AUTONOMY SECURITY •JOINING OF THE FORCES OF MNLF AND THE AFP (par. 2) • SETTING UP OF SPECIAL REGIONAL SECURITY FORCES (par. 8)
  • 26.
    ADMINISTRATION OF JUSTICE •Right to set up Courts to implement Islamic Shari’ah laws • Right to be represented in all courts including the Supreme Courts (par. 3)
  • 27.
    EDUCATION Right to setup schools, colleges and universities (par. 4)
  • 28.
    SYSTEM OF GOVERNMENT ANADMINISTRATIVE SYSTEM IN COMPLIANCE WITH THE OBJECTIVES OF AUTONOMY, LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL (par. 5 and 9)
  • 29.
    NATURAL RESOURCES REASONABLE PERCENTAGE DERIVEDFROM THE REVENUES OF MINES AND MINERALS (par. 10)
  • 30.
    REPRESENTATION RIGHT OF REPRESENTATIONAND PARTICIPATION IN THE CENTRAL GOVERNMENT AND ALL OTHER ORGANS OF THE STATE.
  • 31.
    PROVISIONAL GOVERNMENT SHALL BEESTABLISHED IMMEDIATELY UPON THE SIGNING OF THE AGREEMENT ON DECEMBER 23, 1976. (par. 15)
  • 32.
    AUTONOMOUS REGIONS DURING MARTIALLAW On the basis of the "referendum -plebiscite" of April 17, 1977, the Philippine government by virtue of Presidential Decree No. 1618 issued on July 25, 1975 established two autonomous regions, namely, Region IX (Sulu, Tawi-Tawi, Basilan, Zamboanga del Norte, and Zamboanga del Sur) and Region XII (Lanao del Norte, Lanao del Sur, North Cotabato, Maguindanao, and Sultan Kudarat).
  • 33.
    MNLF REJECTION THE MNLFREJECTED THE PD 1816 BECAUSE IT VIOLATED THE 1976 TRIPOLI AGREEMENT.
  • 34.
    ARMM ON AUGUST I,1989, CONGRESS OF THE PHILIPPINES PASSED REPUBLIC ACT 6734 CREATING THE AUTONOMOUS REGION IN MUSLIM MINDANAO WHEREBY A PLEBISCITE WAS HELD IN THE TWO AUTONOMOUS REGIONS OF REGION IX AND REGION IX PLUS THE PROVINCES OF DAVAO DEL SUR, SOUTH COTABATO AND PALAWAN.
  • 35.
    MNLF REJECTION AGAIN, THEMNLF REJECTED RA 6734 BECAUSE IT VIOLATED THE 1976 TRIPOLI AGREEMENT AND BOYCOTTED THE PLEBISCITE FOR THE RATIFICATION OF THE NEW AUTONOMY LAW. THE LATE PRESIDENT CORAZON AQUINO ADMITTED THAT RA 6734 WAS A UNILATERAL INITIATIVE OF THE GRP TO IMPLEMENT THE 1976 TRIPOLI AGREEMENT.
  • 36.
    RA 6734 PLEBISCITE THEPLEBISCITE RATIFYING RA 6734 SHRUNK THE BANGSAMORO HOME LAND TO FOUR PROVINCES NAMELY: TAWI TAWI, SULU, LANAO DEL SUR AND MAGUINDANAO
  • 37.
  • 38.
    1996 FINAL PEACE AGREEMENT THEIMPLEMENTING MECHANISM TO FULLY IMPLEMENT THE 1976 TRIPOLI AGREEMENT IN ACCORDANCE WITH THE CONSTITUTIONAL PROCESS IS THE 1996 FINAL PEACE AGREEMENT
  • 39.
    1996 PEACE AGREEMENT THEHIGH CONTRACTING PARTIES 1.GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP); 2. MORO NATIONAL LIBERATION FRONT (MNLF); 3. WITH THE PARTICIPATION OF THE ORGANIZATION OF THE ISLAMIC CONFERENCE (OIC) MINISTERIAL COMMITTEE OF THE SIX AND THE SECRETARY GENERAL OF THE OIC
  • 40.
    THE TRANSITIONAL PERIOD (PHASEI) • Establishment of Special Zone of Peace and Development SZOPAD • Establishment of Southern Philippinnes Council for Peace and Developemnt (SPCPD) • Joining of MNLF elements with the PNP (1,500) and AFP (5,750) • Right of Representation • Establish Development Task Forces
  • 41.
    • Creation ofthe Darul Iftah • Establishment of the Consultative Assembly having powers, among others, to make rules and regulations to the extent necessary for the effective and efficient administration of the affairs of the area. • Channeling of public and private investment into the area to spur economic development
  • 42.
    POWERS OF THESPCPD • Exercise control and supervision over appropriate agencies engaged in peace and development activities in the area; • Monitor, promote, and coordinate development efforts; • Attract foreign investment ; • Cause the implementation of peace and development projects; • To be deputized by the Commission on Elections to assist in the preparation of the holding of elections, referenda or plebiscite and people’s initiative
  • 43.
    ESTABLISHMENT OF NEW AUTONOMOUSREGION (PHASE II) THE SECOND PHASE SHALL BE IMPLEMENTED THROUGH A CONGRESSIONAL ACT TO LEGISLATE PERTINENT PROVISIONS OF THE PEACE AGREEMENT BY AMENDING RA 6734.
  • 44.
    THE AUTONOMOUS REGION TheNew Autonomous Government exercises broad and plenary powers Exceptions: Foreign Affairs, National and Security Defense, Postal Service, Coinage, Fiscal and Monetary Policies, Administration of Justice except Shari’a,. Quarantine, Customs and Tariff, Citizenship, Naturalization, Immigration, Deportation, General Auditing, Civil Service and Foreign Trade, Patents, Trademarks, Trade-names and Copyrights. (par. 27)
  • 45.
    The Establishment ofthe Special Regional Security Forces for the Autonomous Region -Phase-2 of the Implementation of the Tripoli Agreement (paragraphs 73-93)
  • 46.
    Educational System todevelop total spiritual, intellectual, social, cultural, scientific and physical aspects of Bangsamoro people to make them God-fearing, productive, patriotic citizens conscious of their Filipino and Islamic values and Islamic cultural heritage (paragraphs 94-124 PA);
  • 47.
    • The Economicand Financial System, Control over Mines and Minerals (paragraphs 126- 151, PA); • Establishment of Shari’ah Courts (152 PA)
  • 48.
    GAPS IN THEIMPLEMENTATION IN PHASE I Executive Order No. 371 signed in October 1996 omitted the stipulated control, and/or regulatory powers of the SPCPD over government agencies operating within SZOPAD
  • 49.
    Immediately after thesigning of the 1996 Peace Agreement, the GRP held peace talks with the Moro Islamic Liberation Front without any participation and knowledge of the SPCPD/MNLF ignoring the vital role of the latter to orchestrate the peace and development projects within SZOPAD
  • 50.
    In the 1998general elections, and local elections and even in the plebiscite in 2000 the SPCPD was not deputized to participate in the conduct of these electoral exercises violating the agreement that the SPCPD would be deputized by the COMELEC in the conduct of any electoral activity within the SZOPAD.
  • 51.
    The deteriorating peaceand order condition in the area, the all out war policy of the GRP particularly in the Estrada regime, the unabated criminal activities of lawless elements aggravated by the deliberate ignoring of the SPCD’S role by the GRP in the resolutions of these conflicts, have all conspired to marginalized and render the SPCPD irrelevant in violation of the 1996 Peace Agreement.
  • 52.
    The “business asusual” attitude of the government in the preparations and enactment of the General Appropriation Acts from 1997 to 2001 up to the present resulted in the lack of/insufficient funding for projects intended for rehabilitation, reconstruction, reconciliation, social, economic and infrastructure projects.
  • 53.
    The projects implementedand the funds released in the SZOPAD during the 3 year transitory period were regular funds for regular projects and programs (to be implemented even if there was no Peace Agreement). The alleged projects were implemented by national agencies but not the SPCPD.
  • 54.
    RA 9054 EXPANDED ARMM RA9054 LAPSED INTO LAW ON MARCH 31, 2001 WITHOUT THE PRESIDENT’S SIGNATURE, PURSUANT TO SEC 27(1), ARTICLE VI OF THE CONSTITUTION.
  • 55.
    LEGITIMACY OF REPUBLICACT 9054 IS QUESTIONED RA 9054 IS QUESTIONED BY THE MNLF BECAUSE IT VIOLATES THE 1976 TRIPOLI AGREEMENT AND 1996 FINAL PEACE AGREEMENT
  • 56.
    UNRESOLVED HOMELAND SHRINKAGE THE PLEBISCITEPROCESS TO RATIFY RA 9054 IN 2001 ADDED BASILAN PROVINCE ONLY TO THE SHRUNK BANGSAMORO HOMELAND REGIONAL GOVERNMENT
  • 57.
  • 58.
    13 Provinces Territoryof Autonomy Tripoli Agreement 1976
  • 59.
  • 60.
    OIC INITIATIVES TOFULLY IMPLEMENT THE 1996 FPA NOVEMBER 2007 JEDDAH, KINGDOM OF SAUDI ARABIA FORMATION OF THE OIC-GRP-MNLF TRIPARTITE REVIEW FOR THE PURPOSE OF FULL IMPLEMENTATION OF THE 1996 FINAL PEACE AGREEMENT REGARDING THE FOLLOWING: SHARI’AH, NATURAL RESOURCES AND ECONOMIC DEVELOPMENT;POLITICAL SYSTEM; SPECIAL REGIONAL SECURITY FORCE and EDUCATION.
  • 61.
    STATUS OF THETRIPARTITE REVIEW 1. Agreement to amend 46 defective provisions of RA 9054 to conform to the 1996 Final Peace Agreement; 2. Proposed Amendments to 9054 shall be certified by the President to Philippine Congress as Administration Urgent Bill; 3. Affirmed the Primacy of the 1996 FPA; 4. On March 1, 2012, MNLF walked out during Tripartite Meeting in Bandung, Indonesia because GRP insist the latter had fully implemented Phase 2 of the 1996 FPA
  • 62.
    GPH-MNLF AGREEMENT UNDERSTANDING DURING MNLF-OIC-GPHWITH OIC MEETING IN KUWAIT LAST MAY 2015 THERE WAS UNDERSTANDING TO RESUME THE TRIPARTITE REVIEW
  • 63.
    PROPOSED MEETINGS • TRIPARTITETECHNICAL MEETING ON AUGUST 2015; • MINISTERIAL LEVEL TRIPARTITE REVIEW MEETING ON OCTOBER 2015
  • 64.
    UNRESOLVED ISSUES IN THETRIPARTITE REVIEW 1. TERRITORY OF THE AUTONOMOUS REGION AND AREAS TO BE COVERED BY A NEW PLEBISCITE; 2. DEFINITION AND SHARING OF REVENEUS OF STRATEGIC MINERALS; AND 3. TRANSITIONAL MECHANISM.
  • 65.
    Question: What isthe MNLF position on plebiscite? Answer: 1. The emendment/revision/repeal of RA 9054 shall be ratified in a plebiscite to be conducted in the five provinces and one city in the ARMM; 2. All other provinces and cities identified in the 1976 Tripoli Agreement and 1996 Final Peace Agreement which are outside the ARMM will be asked whether they will join the autonomous government. (Par. 2(a-b), Section 1, Art. II, 9054)
  • 66.
    Question: What isthe GPH position on territory and plebiscite? Answer: 1. The territory of the ARMM is the final territory of the autonomous region; 2. The result of the plebiscite in 2001 is final so there cannot be another plebiscite
  • 67.
    Question: Does theConstitution prohibit the conduct of another plebiscite to the determine the new territory of the autonomous region? • Answer: No. In fact there are two plebiscites already conducted to determined the territory of the ARMM namely: 1. 1990 Plebiscite to create ARMM; 2. 2001 Plebiscite to expand the ARMM
  • 68.
    Question: What doesthe constitution say on autonomous regions? Answer: Section 5, Article X provides that the autonomous regions shall “consist of the provinces, cities, municipalities and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structure and other relevant characteristics.
  • 69.
    Based on theconstitution the autonomous region can comprise the provinces and cities mentioned in the 1976 Tripoli Agreement and all other areas in Mindanao sharing common and distinctive historical and cultural heritage, economic and social structure and other relevant characteristics
  • 70.
    Question: What isthe GPH position on Strategic Minerals? Answer: 1. Definition: Uranium, petroleum, other fossil fuels, mineral oils, and all sources of potential energy, aquatic parts, forest and watershed reservation; 2. Sharing: 50=50
  • 71.
    Question: What isthe MNLF position on Strategic Minerals? Answer: 1. Definition: Uranium and imported minerals. 2. Sharing: 70% for the autonomous government; 30% for the central government.
  • 72.
    INTERIM AGREEMENT ON STRATEGICMINERALS 1. THE ARMM AND DEPARTMENT OF ENERGY SHALL CO-MANAGE STRATEGIC MINERAL; 2. SHARING OF REVENUES SHALL BE IN ACCORDANCE WITH 9054– 50-50.
  • 73.
    CO-MANAGEMENT OF STRATEGIC MINERALS ARGARMM DENR-DOA Acceptance, processing, evaluation, and assessment of application for permit to explore, utilization contracts, to impose administrative charges and fees. Approval of application for permit to explore and/or utilization contact duly recommended by the ARG. No application shall be approved without the favorable recommendation of the ARG If, after the lapse of 30 working days upon receipt of the recommended application, no action is taken by the national government, the application is deemed approved.
  • 74.
    ARG-ARMM DENR-DOA CENTRALGOVT. Recommends approval of permits, contract upon endorsement of all the respective Sangguniangs (Local Government Councils) and after securing the free and prior informed consent in accordance with the Indigenous Peoples Rights Act. Approval of the permits, contracts recommended by ARG Co signatory together with the GPH of any permit, contract Co signatory together with the ARG of any permit, contract Tasked to be primarily responsible for the monitoring of compliance to the duly approved exploration permits and utilization contracts May at its option, monitor compliance to the duly approved exploration permits and utilization.

Editor's Notes

  • #22 Davao del Sur, South Cotabato, Sultan Kudarat, Maguindanao, Cotabato, Lanao del Sur, Lanao del Norte, Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu, Tawi-Tawi, Palawan
  • #59 Davao del Sur, South Cotabato, Sultan Kudarat, Maguindanao, Cotabato, Lanao del Sur, Lanao del Norte, Zamboanga del Norte, Zamboanga del Sur, Basilan, Sulu, Tawi-Tawi, Palawan