REPORTS OF
THE SECRETARY-GENERAL
ON MUSLIM MINORITIES AND COMMUNITIES
IN NON-OIC MEMBER STATES
SUBMITTED TO
THE 33rd SESSION OF THE ISLAMIC
CONFERENCE
OF FOREIGN MINISTERS
BAKU — REPUBLIC OF AZERBAIJAN
23-25 JUMADA I 1427H
(19-21 JUNE 2006)
REPORT OF THE
SECRETARY-GENERAL
ON
THE QUESTION
OF
MUSLIMS IN
SOUTHERN PHILIPPINES
1-
Ten years have
elapsed since the signing of the Peace Agreement between the
Government of the Republic of the Philippines (GRP) and the
Moro National Liberation Front (MNLF) under the auspices of
the Organization of the Islamic Conference (OIC). The
agreement provided for the establishment of a viable and
progressive Autonomous Region in Muslim Mindanao (ARMM). It
also provided that the Government of the Philippines should
execute infrastructural projects in southern Philippines and
provide the necessary budget for these projects.
2-
The Organization
of the Islamic Conference (OIC) has been urging the GRP and
the MNLF to fully implement the terms of the agreement so as
to establish peace in that region. The OIC has also been
emphasizing that the Autonomous Region in southern Philippines
should really feel the benefits of the agreement on all
levels, which requires the GRP to provide the budget for
development projects at all levels.
3-
Muslims in
southern Philippines, whose population is estimated at 8 to 10
million, are still living under deteriorating political,
economic, and social conditions, which are evident in the
extreme backwardness and acute lack of educational and health
services. These conditions are in fact due to the central
government’s control of natural resources in the Muslim areas,
in addition to the political marginalization of Muslims that
is manifest in the absence of fair representation in
government and judiciary posts. Moreover, military operations
have continued, leading to the displacement of more and more
Muslims from their villages and towns on top of the continued
demographic reengineering that has encouraged the migration of
non-Muslims to the south in order to turn the Muslims there
into the minority.
4-
The report of the
Ministerial Committee of Eight entrusted with following up the
question of Muslims in southern Philippines, which was issued
on 29 June 2005 following the meeting of the committee in
Sana’a alongside the 32nd Session of the Islamic
Conference of Foreign Ministers (ICFM), has indicated that
there is still a discrepancy between the reports of the GRP
and the MNLF. Therefore, there is an urgent need to
strengthen cooperation and partnership between them in order
to accelerate the development of the region as stipulated
under the Peace Agreement. In addition, the Ministerial
Committee fully supports the initiative seeking to complete
the implementation of the Peace Agreement in consideration of
the fact that economic and social development is the focus of
Phase II.
5-
The members of the
Committee agreed to continue to monitor Phase II and
reaffirmed the need for the Member States and Islamic
charitable organizations to continue to provide developmental
assistance to southern Philippines. The Committee welcomed the
invitation addressed by the GRP to the Organization to
dispatch a field mission to southern Philippines. A meeting
was then convened to assess progress on the implementation of
the Peace Agreement with the participation of the GRP, the
MNLF, the General Secretariat of the Organization of the
Islamic Conference (OIC), and the Ministerial Committee of
Eight.
6-
The General
Secretariat received a Note from the GRP dated December 2005
enumerating five chief articles in the implementation by the
GRP of Phase II of the Peace Agreement. Article I
of these was on the Participation of Muslims in the
Executive Council, the Legislative Assembly, the
Administrative System, and Representation in National
Government. The Note indicated that the fifth
elections organized for ARMM, which were held on 18 August
2005, resulted in the election of Dato Zaldi Uy Ampatuan as
the new Regional Governor as well as the election of 24 new
members for the Legislative Assembly. This Legislative
Assembly is comprised of representatives of the five provinces
and one city in ARMM, which is headed by Hatimil Hassan, who
is a prominent leader of the MNLF. The Note also indicated
that Muslims with the rank of Cabinet Secretary were also
elected. They are Nasser Pangandamam, Department of Agrarian
Reform, and Mr. Zamzamin Ampatuan, National Anti-Poverty
Commission Chairman. In addition, two Muslim candidates were
elected to the Philippine House of Representatives. The Note
also indicated that two senior Muslim magistrates were
appointed to serve in the Court of Appeals.
7-
In Article II
on the Participation of Muslims in the Regional Security
Forces, the Note indicated that the security forces in
ARMM were presently constituted of the Philippine National
Police (PNP) and the MNLF units integrated into the PNP, which
numbered around 1500 integrees as part of Phase I.
8-
In Article III
on Public Education, the Note indicated the need
for an integrated system of education for Muslims in the
Philippines. That is why the education authorities defined a
road map for the development of the elementary education of
Muslims, where the first stages are governed by Order No. 51
of the National Government Department of Education, which
essentially enjoins a smooth transfer of students from public
to private schools or vice versa, to unify the long history of
dichotomy among Muslims. The aim of this process is to promote
both Philippine national identity and preserve the Islamic
cultural heritage. The ARMM Regional Government also
recognized 36 schools whose teachers are receiving salaries
from the ARMM Educational System.
9-
In Article IV
on the Economic and Financial Systems, Mines and
Minerals, Banking, and Natural Resources, Fiscal Management,
and National Government Funding for the ARMM. In this
respect, the Note explained that all these details have been
realized under Republic Act 9054-Article 11 of (on Urban
and Rural Planning and Development) and Article 12 (on
Economy and Patrimony), which provides for the
establishment of a Regional Economic Development and Planning
Board. A Medium-Term Development Plan has been developed for
the development of ARMM for the period 2004 to 2010. Regarding
investment incentives, powers have been given to the ARMM
Regional Government to grant tax incentives and establish
economic and industrial zones; and for the Regional
Legislative Assembly to prioritize the System on Economic and
Trade Agreements. Relative to natural resources, Article 12,
Section 5, provides for the Use and Development of Mines,
Minerals, and other Natural Resources, and Revenue Sharing.
Although, the National Government continues to control and
supervise matters of extraction, with their devolved mandate,
the Regional Government effectively has full authority over
all areas of environment and natural resources within the ARMM.
The National Government is working closely with the Regional
Legislative Assembly in legislating further devolution or
increase in the Regional Government’s control and supervision
in the utilization and development of natural resources within
the ARMM. One of these legislative goals is the enactment of a
Regional Aquatic and Fisheries Code.
Relative to National Government Funding for
the ARMM, the National Government has so far appropriated over
67 Billion Pesos, since the forging of the 1996 Peace
Agreement, to finance infrastructure and other government
programs.
10-
Finally, regarding
Article V on Sharia and the Judiciary,
the Note indicates that there are today five Sharia District
Courts with two District Judges, and 30 Sharia Circuit Courts
with 27 Circuit Court Judges functioning within and outside
the ARMM.
11- The General
Secretariat has received a report on the implementation of the
1996 Peace Agreement (PA) from the Moro National Liberation
Front (MNLF), which noted the following:
On the
Executive Council: The bone of contention on Phase
II-A is with respect to the determination of the areas to be
included under the supposed New Autonomous Government. The GRP
insisted on the plebiscite, which the MNLF does not recognize.
§
The MNLF does
not recognize the plebiscite unilaterally conducted by
the GRP on August 20, 2001. For refusing to accept the said
plebiscite, the GRP provoked and attacked MNLF forces and
finally arrested and illegally detained Chairman Nur Misuari.
§
The MNLF maintains
that the plebiscite is violative of the Tripoli Agreement,
Paragraph 8, Article II, which specifically enumerates the
areas to be included under the New Autonomous Government.
§
By putting the
ARMM under the Office of the Presidential Adviser on Peace
Process (OPAPP), the five-century old conflict is addressed
and relegated to a mere advisory office which only
demonstrates GRP’s disinterest in the problem.
On the
Question on National Representation: The GRP has not
made any single appointment pursuant to Paragraph 65 PA and to
RA 9054, Article V, Sec. 2, where it provides that appointment
should be through the recommendation of the Regional Governor.
§
The same provision
emasculates the Regional Governor through the insertion of the
phrase “in consultation with the elected officials and the
concerned sectors of the autonomous region”. This is
digression if not a violation of Paragraphs 63 and 66 of the
Peace Agreement.
§
All the
appointments so far made by the GRP fall within Paragraph 64
PA and RA 9054, Article V, Sec. 4, which are optional
appointment or appointment deemed not within the ambit of the
Agreement.
On the
Issue of Special Regional Security Forces (SRSF): The
second sentence of Paragraph 8, Article III, of the Tripoli
Agreement “the relationship between these forces and the
Central security forces ... ”, provides for the separate
framework for the Regional Security Forces and the Central
security forces. The rationale behind this is to put in place,
in the Autonomous Government, security forces not hostile to
the inhabitants. The Special Regional Security Forces created
under Article XIII, RA 9054, is a mere nomenclature because it
is essentially the same Central security forces.
§
Subparagraphs b.
and c. No. 20 of the Peace Agreement provides that initially
the MNLF forces will be “organized into separate units within
the transition period” under a Deputy Commander of the
Southern Command, Armed Forces of the Philippines.
§
In violations of
the Peace Agreement, the GRP did not organize the MNLF
integrees into separate units under the command of the Deputy
Commander. The worst part of it is that the GRP deployed, as
it continues to deploy, the MNLF integrees in combat duties to
fight Muslim brothers in the Moro Islamic Liberation Front (MILF)
and recently used to fight against the MNLF forces. There were
significant numbers killed in the encounters and others have
gone on absence without leave (AWOL).
On
Education: No matter how many pieces of legislations,
of Government Circulars, especially if these are made only to
please some quarter, and not backed up and coupled with
sufficient funds, the whole enterprise is doomed to fail. This
is the state of education in the Autonomous Government.
On
Economic and Financial Systems, Mines, and Minerals:
In order to survive as a viable Autonomous Government, there
is no gainsaying the fact on the necessity of the control of
the exploration, utilization, and development of the
natural resources.
§
Republican Act
(RA) 9054, Article X, Section (Sec.) 1, and Article XII, Sec.
5 violate Paragraphs 146 and 147, 1996 PA.
§
The GRP, acting
through Congress, has unilaterally arrogated to itself the
power to define strategic mines and minerals, which violated
Paragraphs 146 and 147 of 1996 PA. This contravenes the
agreement, which mandates that the MNLF and the GRP, with the
positive contribution of the technical experts of the OIC,
will mutually agree on the definition of the strategic mines
and minerals on a latter date.
§
This is a gross
violation of the Agreement because it strikes into the heart
of the jurisdiction of the Autonomous Government over Mines
and Minerals within the territory.
§
It is well to
mention that in the course of the
negotiation during the peace talks, the definition of the
strategic minerals as proposed by the GRP, such as what is now
provided under Article X, Sec. 1, was rejected by the MNLF
panel. A definition by gestation was the counterproposal of
the MNLF panel, hence the MNLF and the GRP agreed to define
the strategic minerals later as provided for in Paragraph 146
PA. Any attempt therefore to define strategic minerals
unilaterally is unacceptable as it violates the Agreement. The
intent was to come up with a
tri-partite expert definition and the same must be done before
the crafting of the amendatory bills.
§
Article X, Sec. I,
definition of the ancestral domain, will rob the inhabitants
in the autonomous region of their birthright over the
God-given natural resources which by
law are protected and strengthened by RA 8371. It must be born
in mind that one of the direct causes that drove the
Bangsamoro people to take up arms and assert their birth right
to self determination is the land grabbing issue. The GRP has
once again committed a disservice to the cause of peace by
removing strategic minerals, such as uranium, coal, petroleum,
and other fossil fuels, mineral oil, and all sources of
potential energy; lakes, river, and lagoons; and national
reserves and marine parks, as well as forest and watershed
reservation from the scope of the ancestral domain and the
jurisdiction of the autonomous region. This is contrary to the
provisions of RA 8371 known as Indigenous Peoples Rights Act (IPRA),
which provides, under Sec. 3 thereof, that ancestral domains
refer to all areas generally belonging to the Indigenous
Cultural Communities (ICCs), Indigenous People (IPs),
comprising lands, inland waters, coastal water, and natural
resources therein, which are necessary to ensure their
economic, social, and cultural welfare, including ancestral
lands, forests, pasture, residential, agricultural, and other
lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas,
bodies of water, minerals and other
natural resources.
§
The questioned
provisions negate the letter and the spirit of Paragraph 27,
1996 PA, which grants plenary legislative power to the
Legislative Assembly to pass laws on all matters, concerns,
and issues within the area of the autonomy except those
specified under the Tripoli Agreement.
Impediments to the Implementation of the 1996 PA:
§
It is the GRP
alone, specifically the Philippine Senate and Congress,
without the participation of the MNLF and the OIC that
determined and fixed RA 9054.
§
It is crystal
clear that RA 9054 is contrary to the letter and spirit
of the documents, namely the1976
Tripoli Agreement and the 1996 Peace Agreement.
§
What the GRP has
been implementing unilaterally is neither the Tripoli
Agreement nor the 1996 Peace Agreement but RA 9054.
§
RA 9054 has become
the greatest impediment and stumbling block towards the
implementation of the Agreements.
Conclusion
§
Phase two of the
September 2 1996 Peace Agreement can never be implemented
because the Senate and Congress, instead of ratifying the
agreement, have made an organic act—RA 9054 on March 31, 2001,
as a solid stumbling block on the path towards the
implementation of PA 1996.
The GRP has
already violated the PA 1996 unilaterally by disregarding the
MNLF participation as the principal party to the agreement,
let alone the OIC, in any plan of action.
12- The General Secretariat is still
concerned over the persistent environmental impacts that
affect 1.2 million Maranao Muslims living around Lake Lanao
whose water resources feed the Agus hydroelectric power plant.
Reports received by the General Secretariat have confirmed
that this plant is causing hazardous environmental pollution.
These plants have caused widespread poverty among the Maranao
due to the construction of dams by the government, which has
resulted in the flooding of farmlands and the spread of
diseases as a results of the pollution and contamination of
the lake waters at the hands of the state-owned National Power
Corporation (NPC), despite a court order that has not been
implemented by the government. The Maranao still await the
implementation of the court order and the abovementioned plant
to honor its obligations under the Environmental Compliance
Certificate (ECC), which has been signed by the two parties in
order to build irrigations projects and pay comprehensive
damages to displaced Maranao Muslims.
13- The Secretary-General reiterates
his appeal to OIC Member States to double their assistance to
the Muslims in Southern Philippines in order to achieve the
economic advancement of this region, which has lived in
deprivation for many long decades. The Ministerial Committee
has also called on specialized and affiliated organs of the
OIC, notably the Islamic Development Bank (IDB), to increase
their contributions to the development process.
14- The Secretary-General is
submitting the present report to the Thirty-third Session of
the Islamic Conference of Foreign Ministers (ICFM) for
appropriate decision thereon.
--------------------------------------
Original: Arabic. Trans./ A.S.D.
