In the Matter of:
Case No.
HIS EXCELLENCY PROF. NUR P. MISUARI, ______________
ET AL.,
Petitioners,                                                                           URGENT
                                                                                            APPLICATION
UNLAWFULLY DETAINED AGAINST THEIR                            FOR POLITICAL
WILL BY THE MALAYSIAN AUTHORITIES                              ASYLUM OR
IN VIOLATION OF THE 1951 UN                                             REFUGEE ASSISTANCE
PROTOCOL AND CONVENTION
________________________________________/

HIS EXCELLENCY PROF. NUR MISUARI, through the undersigned counsel, unto the Honorable RUUD LUBBERS, United Nations High Commissioner For Refugees (UNHCR), most respectfully and urgently prays for an immediate UNHCR intervention and assistance by placing him and his companions directly under the mandate or jurisdiction or supervision of the UNHCR based on the applicable provisions of the 1951 UN Convention and Protocol Relating to the Status of Refugees and in the light of the following facts:

1. His Excellency Prof. Nur P. Misuari has been, for many years, granted a Permanent Observer Status with The Organization Of The Islamic Conference (OIC), which comprises of 56 Islamic countries, being the Founder and Chairman of the Moro National Liberation Front (MNLF) and the President of the Proposed Bangsamoro Republic, composed of more or less 20 million inhabitants, covering the islands of Mindanao, Sulu Archipelago, and Palawan in Southern Philippines.

2. Among others, the purpose of the Misuari-led struggle to regain his people's independence was to re-establish a Bangsamoro Republic wherein his people can live and practice their own Islamic way of life, free from the morally and spiritually destructive influence of the leadership of the Philippine Government which has been rated or ranked as the "4th most corrupt country in the world" by the IMF and the Philippine Ombudsman.

3. After many years of armed struggle, and recognizing the legitimacy of Chairman Misuari's battle for a Bangsamoro Independence, the Republic of the Philippines, entered into an OIC-brokered tripartite Tripoli Agreement in 1976, wherein the Philippine Government committed to grant the Bangsamoro People of Mindanao a "meaningful autonomy."

4. However, and because of unbridled corruption and insincerity, the Philippine Government failed to implement a long series of agreements, flowing directly from the OIC-Philippine-MNLF Tripoli Agreement which, through the initiative of the Philippine Government, was signed in Tripoli, Libya more than 25 years ago.

5. To weaken the spirit of the Tripoli Agreement, the Philippine Government persuaded MNLF Chairman Nur P. Misuari to serve as Governor of the Autonomous Region of Muslim Mindanao (ARMM) but programmed his administration to self-destruct by denying him vital financial support needed to improve the lot of his people; and, at the same time, by falsely accusing him of crimes he never committed.

6. In 1996, the OIC, the Philippine Government and the MNLF approved and signed the "Final Peace Agreement" which was hailed by Dr. Henry Kissinger as a "model" for future peace agreements, and which paved the way for the grant of a UNESCO FELIX HOUPHOUET PEACE PRIZE to both former Philippine President Fidel V. Ramos and His Excellency Prof. Nur P. Misuari in Senegal sometime in 1998.

7. Following the "Final Peace Agreement," an ochlocratic form of government supplanted President Estrada's administration and unconstitutionally and mobocratically elevated Vice President Gloria Macapagal Aroyo into the Presidency. (Note: Her husband is currently facing charges of also plundering the wealth of the Filipino people.)

8. Not satisfied with her successful coup against President Joseph Estrada, Gloria Macapagal Arroyo, criminally conspired with three of her alter-egos - namely, Dr. Parouk Hussein, her presidential adviser; Muslimin Sema, her mayor for the City of Cotabato, and Yusup Jikiri, her governor for the Province of Sulu, and 12 others - and staged another coup against His Excellency Professor Nur P. Misuari. More specifically, Dr. Hussein, her main alter ego claimed to be the new Chairman of the MNLF under the so-called "Committee of 15" and "elevated" Prof. Misuari as "Chairman Emeritus" of the MNLF. Since Dr. Hussin was, still is, President Arroyo's alter ego, Gloria Arroyo in effect installed herself as Chairman of the MNLF. In a word, she successfully staged a coup d'etat by proxy, without firing a single shot.

9. At all times, Ms. Gloria Arroyo was aware that Dr. Hussein was not, and is still not, a citizen of the Republic of the Philippines; and, as such, does not enjoy any support or sympathy from the Bangsamoro People.

10. Following Ms. Macapagal Arroyo's coup against Chairman Misuari, and contrary to existing laws of the Philippines, she illegally held an election in the ARMM region -- during a Muslim holiday, Ramadan -- and openly supporting her alter-ego - DR. Parouk Hussin, who is a citizen of a foreign country - to replace Governor Prof. Nur P. Misuari. (Please refer to the complaint filed by Sultan Macapanton Y. Abbas with the COMELEC.)

11. Expectedly, Chairman Nur P. Misuari, exposed Ms. Gloria Macapal Arroyo's evil attempts to directly take over the leadership of the MNLF through her alter-egos, one of which is a citizen of a foreign country, and who has not even attempted to make a formal waiver of his foreign citizenship.

12. To silence Chairman Nur P. Misuari, the Philippine Government, through the instrumentality of its Military Establishment, charged that Chairman Misuari is linked to a terrorist group (Abu Sayaff) - which is completely false - and accused him of leading an armed rebellion against the government. Obviously, the purpose of Ms. Macapagal Arroyo is to mislead the United States into believing that Prof. Misuari is a "terrorist" who should be destroyed.

13. To defend his good name, Chairman Misuari and his close associates recently fled from the Philippines in order to explain to the OIC that his group was actually the one that was attacked and slaughtered by the Armed Forces of the Philippines.

14. However, and in violation of his right to free passage, the Malaysian Government, under Prime Minister Mahathir, intercepted Chairman Misuari and his associates, and is currently holding him against his will in a secret location in Malaysia, maliciously claiming that Chairman Misuari is a "terrorist."

15. Prime Minister Mahathir's motive, however, is clearly based on his fear that Chairman Misuari may reclaim the State of Sabah as part of Mindanao should Chairman Misuari succeed in regaining the independence of the Bangsamoro People. This is so because more than half of the population of the State of Sabah are Tausogs like Chairman Misuari. In other words, Prime Minister Mahathir wants to destroy Misuari, his brother Muslim, in order to ensure the territorial integrity of Malaysia, and not because he is a "terrorist." ( Please refer to all the OIC-Philippine-MNLF records as proof that Professor Misuari has never been, and will never be, a terrorist. If at all, Professor Misuari is simply like Jefferson of the United States, a man who believed that it is the right of a people to alter or abolish a government that has ceased to foster and advance their interest and aspirations. To call Chairman Misuari a "terrorist" is no different from calling President George Washington, Jefferson, and others like them, "terrorists.")

16. Currently, Chairman Misuari and his men are under the IMMEDIATE THREAT OF BEING DEPORTED TO THE PHILIPPINES and "punished" or killed by an ochlocratically established government.

IN VIEW OF THE ABOVE AND THE FOREGOING, the undersigned counsel, unto the Honorable United Nations High Commissioner For Refugees (UNHCR), aware of its time-honored tradition of protecting the oppressed humanity, hereby most respectfully prays:

1. That the UNHCR immediately takes jurisdiction over His Excellency Prof. Nur P. Misuari and his associates, and immediately contact or inform Prime Minister Mahathir of Malaysia of the UNHCR's decision to take over the custody of Chairman Misuari and his associates; (Note: The undersigned counsel has previously successfully obtained similar assistance from the UNHCR in behalf of two clients in the past. When the UNHCR showed its intention to intervene, the United States Government courteously deferred with the desire of the UNHCR. Under the circumstances, there appears to be no reason why Malaysia cannot follow the footsteps of the United States given the fact that neither Malaysia nor the Philippine Government is interested to have custody over Chairman Misuari and his associates.)

2. That, in the meantime, the UNHCR permits the undersigned counsel to prepare and present evidences in support of the foregoing allegations formally before the UNHCR or before the court of law of any friendly country who may be willing to grant political asylum to Chairman Misuari and his associates;

3. That, at the same time, the undersigned counsel be permitted to show before the UNHCR, that the Philippine Government is bound by the provisions of the 1951 Refugee Convention and Protocol, being a signatory thereto;

4. That the undersigned counsel be allowed to show that, if at all, Chairman Misuari and his associates had a universally recognized right to "free passage" to any freedom-loving country of their choice;

5. That, furthermore, the undersigned counsel be given the right to show that like President Slovodan Milosovics, the Philippine Government is also guilty of the crime of GENOCIDE AGAINST THE BANSAMORO PEOPLE; and

6. That, finally, and because of the highly exceptional circumstances surrounding the case at bar, the UNHCR extends all available assistance and protection to His Excellency Professor Nur P. Misuari and his associates.



MAY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES' OFFICE REMAIN THE IMPREGNABLE RESIDENCE OF INVIOLABLE JUSTICE AND THE FEARLESS PROTECTOR OF THE OPPRESSED HUMANITY.


Dated: November 27, 2001
New York City
United States of America

Submitted by:


SULTAN ELLY VELEZ LAO PAMATONG
COUNSEL FOR HIS EXCELLENCY PROF.
NUR P. MISUARI AND HIS ASSOCIATES


CC. PRIME MINISTER MAHATHIR
      PHILIPPINE AMBASSADOR TO THE UNITED STATES
      OIC SECRETARY GENERAL
      UNITED NATIONS SECRETARY GENERAL
      MEMBERS OF THE OIC