Closure and Transition Statement

HON. RAFAEL E. SEGUIS

Chairman, Government Peace Negotiating Panel
In Talks with the Moro Islamic Liberation Front
2 June 2010, Kuala Lumpur

Datuk Othman bin Abd Razak, Chief Facilitator,

Honorable Chairman of the MILF Peace Negotiating Panel, Mohagher Iqbal
Honorable Members of the MILF Peace Negotiating Panel
Distinguished Members of the GRP Peace Negotiating Panel,
Distinguished Members of the International Contact Group,
Excellencies,

Assamalu Alaykum wa Rahmatullaha wa Barakatu.

We all desire peace in Mindanao. But the road towards it has been
characterized by alternating chapters of talks and impasse.

Since the talks with the MILF began in 1996 there have been several
roadblocks that led to standoff in the negotiations. In August 2008, after the
Supreme Court decided on the unconstitutionality of the MOA-AD, some MILF
commanders attacked villages and communities in protest of decision. The talks
were stalled once more.

Peace, however, has been a constant policy of President Gloria Macapagal

Arroyo since she assumed office in 2001. Despite the challenges, she remained
committed to achieving peace. She convened the new GRP Panel to start the peace
talks.

Against all doubts and cynicism, the GRP and MILF Panels were able to pick
up the talks from the unfortunate consequences of the MOA-AD decision and the
violence that erupted thereafter. What ensued are months of serious and extensive
negotiations.

Today, we are about to conclude this chapter of the negotiations.

Before we step further, I would like to trace back our footsteps in this
journey, if I may call it so. For in retrospect, none can argue the fact that we have
done so much within a relatively short time.

From the beginning, I was very much aware of the formidable challenges of
engaging in this negotiations, and in particular in searching for a negotiated
political settlement to the conflict in Mindanao. During our first formal meeting in
July last year, as again reiterated in the succeeding meetings especially during the
formal resumption of our Talks in December, I was given enormous hope by the
statement of Chairman Iqbal and Datuk Mike Mastura – that the MILF has
dropped the option of independence, and that it is not negotiating for
independence but for the highest form of autonomy.
 Of course, in what design the highest form of autonomy may be realized
would still be the subject of laborious discussions. However, this declaration,
insofar as the GRP Panel is concerned, opened up an entire spectrum of possibility
that a negotiated peace agreement may be forged. And it continues to be so.

Armed with that hope, the GRP Panel negotiated with utmost good faith, and
in a manner that would positively and constructively contribute to the process and
move the negotiations forward.

And so on 28-29 July 2009, the first official meeting between the Chairmen
of GRP and MILF Panels took place in Kuala Lumpur, marking the formal re-
establishment of communication lines between the two sides after almost a year of
impasse in the talks. I am equally proud that since the declaration of SOMO by the
GRP last 23 July 2009 and the MILF’s SOMA two (2) days later, we have been able
to keep the peace. There has been to this date no major incident of armed clashes
between the Government and MILF forces. We all desire that this continues
through the new administration.

On 15 September 2009, we signed the Framework Agreement on the

Formation of the International Contact Group (ICG) for the GRP-MILF Peace
Process. This gave birth to a pioneering mechanism in peace negotiations which
brings together state and non-state actors in aid of the negotiating process. And
considering that this is the first time for this kind of role, our gratitude go to the
hard-working members of the ICG – the United Kingdom, Japan, Turkey, The Asia
Foundation, Centre for Humanitarian Dialogue, Conciliation Resources, and
Muhammadiyah.

On 27 October 2009, we signed the Agreement on the Civilian Protection

Component (CPC) of the International Monitoring Team (IMT). Later, we renewed
the Terms of Reference of the IMT on 9 December 2009, and agreed on the Terms
of Reference of Civilian Protection Component of the IMT last 5 May 2010. Today,
we signed the Guidelines for the Humanitarian, Rehabilitation and Development
(HRD) Component of the IMT.

The IMT, with its untiring efforts and invaluable contribution, has indeed
made the ceasefire agreement work. For this reason, we thank our partners for
their indelible mark in maintaining peace in Mindanao: Malaysia, Brunei, Libya,
Japan, and soon, the EU, Norway, Indonesia, and Qatar. We also thank in
advance and look forward to the engagement of the following Philippine-based
organizations as members of the Civilian Protection Component of the IMT – the
Non-Violent Peace Force Philippines, Mindanao People’s Caucus, Muslim
Organization of Government Officials and Professionals (MOGOP), and Mindanao
Human Rights Action Center (MINHRAC).

We also signed on 5 May 2010 a very significant agreement on the clearing

of landmines/unexploded ordnances in conflict-affected areas in Mindanao – the
Guidelines for the Implementation of the Philippine Campaign to Ban Landmines –

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Fondation Suisse de Deminage (PCBL-FSD) Project. This will allow affected
civilians to return to their villages and resume the tilling of their farms.

These agreements are of great significance to the civilian population who are
the unfortunate victims of armed conflict. In concrete terms, they have obtained
the commitment of both Parties to respect the universally-accepted human rights
of the civilians notwithstanding the conflict.

For the past six months since we formally resumed peace talks, we have
undoubtedly accomplished worthy and noble feats, which add up to the past gains
of signed agreements between the previous Peace Panels, namely:

• Agreement for General Cessation of Hostilities, 18 July 1997

• Tripoli Agreement on Peace, 22 June 2001
• Implementing Guidelines for the Security Aspect, 7 August 2001
• Implementing Guidelines of the Humanitarian, Rehabilitation and
Development Aspects, 7 May 2002
• Operational Guidelines of the Ad Hoc Joint Action Group (AHJAG), 21
December 2004

These agreements notwithstanding, we are aware that the parties have still
some distance to go to ultimately secure peace and development in Mindanao.

Indeed, we have tried to negotiate and conclude a final peace agreement, but
it is a Herculean task that requires more give-and-take, and most of all, patience,
understanding and time. We tried to bargain an interim agreement. This too
proved to be similarly difficult as the concepts and principles involved are delicate
and complex, as they affect numerous communities, sectors and stakeholders.

Both Panels bargained hard because we would like to ensure that the
agreement would be acceptable to all concerned, notably to those in Mindanao.

From the start, the GRP Panel declared its intention to respect the
fundamental law of the land while opening the possibility for a negotiated solution
that may require Constitutional change. It is of course guided by the Supreme
Court’s pronouncement on the MOA-AD case.

At this juncture of the peace process, we make a choice which path to take,
what to look back on, and what to look forward to. But for me, only one path, one
choice is in clear sight – and that is to preserve our past gains and to ensure that
the negotiations continue on with the next administration.

With this in our minds, we sign this Declaration.

We consider this Declaration a document to preserve the past gains and

provide a smooth transition to the next administration. It is a retrospective
affirmation of our accomplishments, and a recapitulation of our past discussions
as we toiled to come up with an agreement.
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 My Panel has always been guided by adherence to the Constitution. In
particular, we have abided by the Supreme Court decision in Province of North
Cotabato vs. GRP Peace Panel on Ancestral Domain. Reframing the consensus
points on ancestral domain will have to follow such guidance. To ensure that, we
have consulted and obtained a legal opinion from the Department of Justice for
some of the clauses that are in this declaration.

Thus, in the phrase “to exercise self-governance on the basis of consent in

accordance to an agreed framework”, we understand the word “framework” as
referring to the Constitution. We cannot negotiate and adopt an agreement that is
outside the boundaries of the Constitution.

Also, we agreed to consider “new formulas that permanently respond to the

legitimate aspirations of the Bangsamoro”. For us, it is clear that these “new
formulas” and “new modalities to end the armed hostilities” should respect the
Constitution. “New formulas” may include enhanced autonomy while “new
modalities” may include innovations such as “all party talks”.

We interpret the phrase “building on prior consensus points achieved” as

referring to the overall gains in the process since 1997.

We commend the inclusion of the protection of the rights of the indigenous

peoples both under the IPRA law, which we understand as being referred to by the
phrase “respect the existing property and community rights”, and the UN
Declaration on the Rights of the Indigenous Peoples. The declaration does not
have an “s” in the first instance. “Indigenous People” is used but we assume that
the right phrase is “Indigenous Peoples” and not “Indigenous People”.

While we have advanced these formulations in our discussions, it is up to

the next administration to make the final decisions on what should be in a
political settlement.

Today, we put closure to this stage of the peace negotiations with a clear
statement by both Parties that we will preserve our gains and accomplishments,
and work our best for the continuation of the talks. We give honor to our past,
and anticipate the future with great hope.

It has been a privilege to have sat across this negotiating table with you all,
and an honor to be in the company of distinguished men and women.

I would like to take this opportunity to thank most sincerely our Chief
Facilitator Datuk Othman bin Abd Razak for his tenacity and dedication for
helping us finally sign this Declaration.

Thank you.

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