Asean Inter-Parliamentary Assembly (Aipa)

ASEAN INTER-PARLIAMENTARY ASSEMBLY (AIPA)

9th AIPA CAUCUS MEETING

FAIRMONT HOTEL – JAKARTA, INDONESIA

17-20 JULY 2017

COUNTRY REPORT

ON

STRENGTHENING MARITIME COOPERATION AND PEACEFUL RESOLUTIONS TO CONFLICTS IN ASEAN

1. Introduction

After it gained independence from the Spanish feudal rule, American colonialism and the Japanese occupation, the Philippines has experienced several conflicts with various rebel groups in the country. The decades-long hostilities have been ongoing in rural areas across the country and in the southern island of Mindanao.

In 1946, the communists began fighting the Philippine Government. In the 1970s, the New People’s Army (NPA), the armed wing of the Communist Party, carried on the communist insurgency in the country while espousing the ideology of a socialist system with the objective for a just land distribution.

In Mindanao, the presence of the Moro National Liberation Front (MNLF) also poses a threat to the peace situation in the country. The MNLF is a group of Muslim guerillas or the main armed group in Mindanao determined to fight for a separate “Muslim Nation.” In their years of fighting, the MNLF has split into two resulting to the formation of the Moro Islamic Liberation Front (MILF). The violence brought about by the conflict in Mindanao has caused great loss of lives and severe damage to properties. In recent years, various armed non-state actors including kidnap for ransom groups and several radical Islamist groups such as the Abu Sayyaf, the Southeast Asian Jemaah Islamiyah terrorist group, the Bangsamoro Islamic Freedom Fighters and the Maute Group have also perpetuated violence in Mindanao, which further added to the difficulty of attaining stability and peace in the region.

Notwithstanding all the challenges, the Philippine Government is committed to the peaceful resolution of the conflicts with the Communist Party of the Philippines-New People’s Army-National Democratic Front, Moro National Liberation Front and the Moro Islamic Liberation Front, and have undertaken efforts to reach a long-lasting peace agreement with the parties involved in the conflicts.

1. National Initiatives

1. The Philippine Government, in its desire to end hostilities and violence in the country, has entered into various agreements with the parties involved for a peaceful resolution to conflicts; to wit:

1. The signing of the 1976 Tripoli Agreement with the Moro National Liberation Front (MNLF). – This accord provided for an immediate cessation of armed hostilities between the government and the MNLF, and established the framework for an autonomous region for the Muslims in Mindanao and was fully implemented in 1986 under the administration of President Corazon Aquino. This policy was also pursued by President Fidel Ramos;

1. The signing of the 1996 peace accord, the Southern Philippine Council for Peace and Development (SPCPD). The Agreement provided for the establishment of an interim institution called the Southern Philippine Council for Peace and Development (SPCPD). – This was headed by Chairman Nur Misuari. He was the supervisor and coordinator of the development projects in all provinces covered by the Special Zone for Peace and Development (SZOPAD);

1. The Government-MILF Joint Ceasefire Coordinating Committee on the Cessation of Hostilities (JCCCH). – The Committee was tasked to monitor any violation of the ceasefire agreement. Mr. Hashim Salamat was the first chairman of the joint coordinating committee. Peace was restored in the middle of 2003 when Chairman Murad Ebrahim replaced Hashim Salamat;

1. 2011 Oslo Joint Statement. – In this formal peace negotiation, the Government of the Republic of the Philippines (GRP), the Communist Party of the Philippines (CPP), the New People’s Army (NPA), the National Democratic Front (NDF) and the Moro Islamic Liberation Front (MILF) reaffirmed the 1992 Hague Joint Declaration and bilateral agreements specified in the 2004 Second Oslo Joint Statement. It also tackled a timeframe for completing the draft of the following: a) the Comprehensive Agreement on Social and Economic Reforms (CASER); b) the Comprehensive Agreement on Political and Constitutional Reforms; and c) the Comprehensive Agreement on End of Hostilities and Disposition of Forces;

1. On 7 October 2012, President Benigno Aquino revised the peace negotiations with the Moro Islamic Liberation Front (MILF) by signing the Framework Agreement on Bangsamoro; and

1. On August 22-28, 2017, the Philippine Government resumed the peace negotiations with the Communist Party of the Philippines (CPP), the New People’s Army (NPA), the National Democratic Front (NDF) in Oslo, Norway.

1. The Executive Department has also promulgated several issuances in support of the peaceful resolution of conflicts, to wit:

1) Executive Order No. 125. – President Fidel V. Ramos issued Executive Order No. 125, Series of 1993, entitled “Defining the Approach and Administrative Structure for Government’s Comprehensive Peace Efforts.” The scope of this Executive Order is the creation of the systematic approach for the pursuit of peace, as well as the administrative structure for carrying out the peace process;

2) Executive Order No. 3. – President Gloria Macapagal-Arroyo issued Executive Order No. 3, Series of 2001 entitled “Defining Policy and Administrative Structure for Government’s Comprehensive Peace Efforts.” The primary objective of this Executive Order is the attainment of a just, comprehensive and enduring peace under the rule of law. The Presidential Adviser on the Peace Process was charged with the management of the comprehensive peace process;

3) Executive Order No. 120, Series of 2012. – President Benigno Aquino III constituted the Bangsamoro Transition Commission pursuant to the 2012 Framework Agreement on the Bangsamoro. The Bangsamoro Transition Commission is tasked, among others, to draft proposals for a Bangsamoro Basic Law;

4) Administrative Order (AO) No. 37, Series of 2013. – This Administrative Order created the Task Force on Bangsamoro Development and for Other Purposes. AO 37 endeavors to attain a broadly supported, just and lasting peace that will redress decades of neglect of the Moro and other people of Mindanao;

5) On 18 July 2016, President Rodrigo Roa Duterte directed the Office of the Presidential Adviser on the Peace Process (OPAPP) to oversee all development projects that are related to peace; and

6) Executive Order No. 8, Series of 2016. – President Rodrigo Roa Duterte issued Executive Order No. 8 to further strengthen and expand the functions of the Bangsamoro Transition Commission.

1. Legislative Initiatives

1. For its part, the Congress of the Philippines has already approved the following laws, to wit:

1) Republic Act No. 9851, otherwise known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity” was approved on December 11, 2009. This law emphasizes that the Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to a policy of peace, equality, justice, freedom, cooperation and amity with all nations; and

2) Republic Act No. 9997, entitled “An Act Creating the National Commission on Muslim Filipinos Defining its Powers, functions and Responsibilities and Appropriating Funds Therefor and for Other Purposes” otherwise known as the “National Commission on Muslim Filipinos Act of 2009” was approved on February 10, 2010. This law ensures the rights and well-being of Muslim Filipinos with due regard to their beliefs, customs, traditions and institutions, their contribution to national goals and aspirations and their active participation in nation-building.

3) Republic Act No. 10908, entitled “An Act Mandating the Integration of Filipino-Muslim and Indigenous Peoples History, Culture and Identity in the Study of Philippine History in Both Basic and Higher Education” otherwise known as the “Integrated History Act of 2016.” This law upholds the ultimate objective of creating an inclusive history that accounts for all Filipinos by integrating the history, culture and identity studies of Filipino-Muslims and Indigenous Peoples in the grand narrative of Philippine history.

1. Congress is also deliberating on the following proposed measures, which are aimed at achieving national unity and supporting the peace process, to wit:

1) House Bill No. 490, entitled “An Act Granting Amnesty to members of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) and Other Individuals and Groups Involved in Past Conflicts;”

2) House Bill No. 493, entitled “An Act Declaring a National Policy on Peace Zones;”

3) House Bill No. 5669, entitled “An Act Establishing a Transitional Justice and Reconciliation Program for the Bangsamoro, Creating for the Purpose the National Transitional Justice and Reconciliation Commission for the Bangsamoro, and Appropriating Funds Therefor;”

4) Senate Bill No. 26, entitled “An Act Declaring a National Peace Policy Thereby Creating a Peace Commission;”

5) Senate Bill No. 74, entitled “An Act Providing for a Comprehensive Mindanao Peace and Development Plan, Setting the Guidelines and Appropriating Funds Therefor, and for Other Purposes;” and

6) Senate Bill No. 672, entitled “An Act Institutionalizing Peace Education in the School Curriculum at All Levels.”

1. Conclusion.

The existence of internal conflicts in the country for so many years calls for joint efforts from the government and the community to implement a comprehensive peace process. The Philippine Government, as reflected in Executive Order No. 3, Series of 2001, has adopted a comprehensive peace process with the following underlying principles:

a) Must be community-based and must reflect the sentiments, values and principles important to all Filipinos;

b) Must forge a new social compact for a just, equitable, humane and pluralistic society;

c) Must seek a principled and peaceful resolution to the internal armed conflicts, with neither blame or surrender, but with dignity for all concerned.

The comprehensive peace process must also comprise six (6) vital components:

a) Pursuit of social, economic and political reforms;

b) Consensus-building and empowerment of peace;

c) Peaceful, negotiated political settlement with different armed groups;

d) Programs for reconciliation, reintegration into mainstream society and rehabilitation;

e) Concerns arising from continuing armed hostilities; and

f) A climate conducive to peace.

Guided by the aforementioned principles and components, the Philippine Government continues its pursuit of national unity and reaffirms its commitment to the attainment of a just and enduring peace in the country.