Keynote Address of BARMM Minister and Chairperson of the MILF Peace Implementing Panel Mohagher Iqbal on the CAB Implementation

[A message delivered to the participants of "Usapang Bangsamoro sa Panahon ng Pandemya" held at Grand Pagana Hall, Cotabato City and via online through Zoom on July 29-30, 2020]

Bismillahir Rahmanir Raheem

Please allow me to greet the esteemed guests joining us in today’s event with deep appreciation. 

• My esteemed colleagues from the Bangsamoro Transition Authority, MP Lanang Ali, Jr, and MP Laisa Alamia;
• Undersecretary David B. Diciano, Chair of the Government Peace Implementing Panel, and its distinguished members;
• Officials from the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM);
• Peace process stakeholders, especially the members of the Mindanao Peace Weavers;
• Friends, ladies, and gentlemen:

Good morning, Magandang Umaga sa ating lahat!

Asalaamu Alaikum warakmatulahi taala wa barakatuh.

I want to thank the organizers of this event – Mindanao Peace Weavers, Kaakbay Bangsamoro Working Group, and supporters of the DELACSE Bangsamoro Initiative – for their kind invitation to the Civil Society Solidarity Conference. Frankly speaking, civil society and non-government organizations have been the peace process's remarkable partners and advocates. Since the early years, you've supported the peace process, complementing the work of the peace panels as either part of the formal joint mechanisms (such as local monitoring teams in the JCCCH) or through your peacemaking and peacebuilding initiatives.

The GPH-MILF peace process is now in the implementation phase, which also intersects with the BARMM government's work since its establishment some 18 months ago. Undoubtedly, we are at the critical stage of the Bangsamoro's history, having earned the legal means to fulfill our enduring aspiration for self-governance. It has been more than forty years, counting both the start of the movement for self-determination up to the present. Having served as the MILF Peace Panel Chair since 2003, I can say that the journey to get to this point has been arduous, imperative, and emotional.

This process survived armed skirmishes, breakdowns and misunderstandings during negotiations, and a myriad of congressional hearings and meetings. Despite these trials, the journey has also been exceptional and rewarding. I give credit to all peace process actors, including civil society groups and the international community, who believed in this process and advocated what it can offer to the Bangsamoro people.

We were requested by the organizers to provide updates on the peace process between the Philippine Government and the Moro Islamic Liberation Front. I anticipate that my partner in the Government will provide you with more comprehensive updates on the peace process. Hence, my contribution to this event is highlighting the fundamental principles of the peace process and Normalization topics that need attention. I will end this speech with ways forward and perhaps the role of the CSOs during these trying times.

The Eight (8) Components of Normalization

I consider Normalization as the cornerstone of the peace implementation phase. According to the FAB, Normalization is "the process whereby communities can achieve their desired quality of life, including pursuing sustainable livelihood and political participation within a peaceful deliberative society." Furthermore, Normalization "aims to ensure human security in the Bangsamoro…helps build a society committed to basic human rights where individuals are free from fear of violence or crime and where long-held traditions and values continue to be honored."

In other words, Normalization aims to contribute to the creation of a stable, peaceful, just, and prosperous Bangsamoro. In this regard, Normalization is composed of eight (8) substantive elements designed to instigate political, economic, security, and social structural changes needed to remedy past grievances and provide for a more fair and equitable future for the combatants and the Bangsamoro people. The eight elements are:

1. Policing in the Bangsamoro;
2. Creation of the Transitional Components of Normalization: Joint Normalization Committee (JNC), Joint Peace and Security Committee (JPSC), and Joint Peace and Security Teams (JPST);
3. Confidence-Building Measures, such as Pardon and Amnesty, and specialized programs for the six (6), acknowledged camps of the MILF;
4. Socio-economic Development Program;
5. Decommissioning of MILF weapons and combatants;
6. Transitional Justice and Reconciliation program;
7. Disbanding of Private Armed Groups; and
8. Redeployment of Armed Forces of the Philippines in the Bangsamoro.

Upon close inspection, you will realize that these elements supplement one another. For instance, it would be difficult for any socio-economic intervention to thrive if the ground's security situation has not improved. In this regard, the International Monitoring Team (IMT) role, which, alongside other ceasefire mechanisms, is very much imperative or indispensable up to the signing of the Exit Agreement. Moreover, confidence in the decommissioning process will falter if illegal private armed groups are still prevalent. In other words, all components must be simultaneously implemented.

 Normalization Components the Need Attention

Socio-Economic Component

As per the FAB Annex on Normalization, the parties agreed to “intensify development efforts for [the] rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of BIAF members, internally displaced persons (IDPs), and poverty-stricken communities.”

I want to emphasize that decommissioning arms and forces, while an essential component of Normalization, should not be the only focus. The socio-economic part of the Normalization process is equally critical. These interventions shall help mitigate the devastating effects of the decades-old armed conflict. More importantly, it would support the meaningful transition of armed combatants to civilian life. They will become productive members of their communities to enjoy their political, economic, social, and civil rights.

At present, the Government has dispensed the cash advance to the decommissioned combatants. On the other hand, we are still awaiting details on the two different socio-economic package components, particularly the housing portion.

The timing and phasing of socio-economic interventions are crucial. Delays in providing basic need packages could lead to aggravation among the decommissioned combatants, which we hope to prevent.

 

2. Pardon and Amnesty

As a confidence-building measure, pardon and amnesty shall help facilitate the healing process where combatants accused or convicted of crimes connected to the armed struggle will have a chance to have a healthy and productive life. I want to emphasize that amnesty and pardon are two different things. We define amnesty as a legal measure that ends all investigations and prosecutions against its beneficiaries. In contrast, a pardon revokes or suspends a conviction after a sentence has been handed down by a court of law. In other words, a pardon can only be given if the recipient was convicted of a crime.

Last November 2019, the MILF Peace Implementing Panel submitted a list of MILF members currently in custody and pending cases to the GPH Peace Panel. Subsequently, OPAPP, through its Office of Legal Affairs, examined the document. After OPAPP coordinated with the Department of Justice, the Government sent us a formal letter stating that concerned MILF members can apply for the options made available by the Presidential Committee on Bail, Recognizance, and Pardon (PCBreP). OPAPP, through the GPH Peace Implementing Panel, expressed willingness to facilitate the process with the DOJ and the PCBreP.

The Government also assured the MILF that going through the PCBreP is just one modality available to us. Our comrades can still avail of amnesty “once a Presidential Proclamation on Amnesty is in effect.” We already submitted a draft proclamation to the GPH Peace Panel, which was adopted. However, this process is overtaken by current events, and authorities arrested some of our MILF brothers, such as a member of the MILF CCCH Support Staff. I hope this issue will be resolved soon, and I want to appeal to our partners in Government to expedite amnesty.

 

3. Transitional Justice and Reconciliation

Transitional justice and reconciliation is another critical component of the Normalization process, which aims to establish the truth, acknowledge victims' sufferings, make perpetrators liable, provide reparations for past injustices, prevent future wrongs, and promote healing and reconciliation.

Addressing historical grievances of the Bangsamoro people is integral to peace, justice, and nation-building. Therefore, the GPH-MILF Peace Panels commissioned a report to identify measures that would feed into a comprehensive program on transitional justice in the Bangsamoro. The chief Transitional Justice and Reconciliation Report were submitted to the GPH and MILF Peace Panels last December 9, 2015, and outlines 90 recommendations for the parties’ consideration.

We’ve had many consultations and workshops to discuss the way forward. Despite creating modalities to develop a transitional justice and reconciliation program, there has been little progress.

On the government side, President Rodrigo Duterte signed Executive Order No. 79, dated April 24, 2019, creating the Inter-Cabinet Cluster Mechanism on Normalization (ICCMN). One of the areas to be tackled by this body is on transitional justice and reconciliation. I understand that the ICCMN has developed a roadmap for TJR based on the report above by the Transitional Justice and Reconciliation Commission.

On April 29, 2019, the GPH and MILF Peace Implementing Panels signed a Joint Statement summarizing the special meeting conducted in Kuala Lumpur, Malaysia. In the said statement, the parties agreed to intensify efforts on Normalization, including transitional justice and reconciliation. Subsequently, the panel chairs also signed the terms of reference of the GPH-MILF Technical Working Group on Transitional Justice and Reconciliation on August 16, 2019, in Cotabato City. The MILF has already identified three individuals who will be part of this TWG. However, the GPH has not yet named theirs.

Meanwhile, the Bangsamoro Interim Parliament adopted BTA Resolution No. 56, or the “Resolution Calling for the Creation of the Transitional Justice and Reconciliation Commission in the Bangsamoro Autonomous Region in Muslim Mindanao” on January 24, 2020. As the name suggests, this body only covers the Bangsamoro region. It is in no way a substitute for creating a National Transitional Justice and Reconciliation Board and other government-led programs recommended by the first TJRC Report.  We approved this resolution hoping that a formal structure with a clear mandate can effectively engage the National Government to acknowledge past grievances, effecting reparations and institutional reform, and ultimately, forging healing and reconciliation.

Last February 17, 2020, representatives from the GPH and the MILF attended a brainstorming session last February 2020 for possible next steps towards a joint roadmap on transitional justice and reconciliation. We hope to make this roadmap a reality soon.

4. Bangsamoro Normalization Trust Fund

As per the Annex on Normalization, the GPH and MILF recognized the need to attract multi-donor country support to the Normalization to augment existing government resources. Undoing decades of inequality and poverty, and creating an environment similar to a time before the armed conflict will require an immense volume of support. Hence, the parties resolved to create the Bangsamoro Normalization Trust Fund or BNTF wherein the budget will be released with efficiency, transparency, and accountability.

On December 17, 2017, the GPH and MILF panels signed the Guidelines for the Bangsamoro Normalization Trust Fund's operationalization. The World Bank, as the Fund Administrator, presented to the Joint Implementing Panel the design of the BNTF on August 16, 2019, in Cotabato. The BNTF was then "launched" at the World Bank office in BGC on October 11, 2019, where Australia expressed definite interest in putting money into the BNTF. The European Union and Japan have also expressed interest in the trust fund.

Unfortunately, setting-up, the Bangsamoro Normalization Trust Fund is experiencing delays. According to the GPH Peace Panel, the Department of Finance must first endorse a Special Presidential Authority (SPA) to Malacañang before creating any multi-donor trust fund. The SPA will enable OPAPP to sign a Memorandum of Understanding (MOU) with the World Bank to correctly set-up the trust fund and receive pledges from donors.

I understand that the establishment of a trust fund is subjected to an intricate process. However, the BNTF, in particular, is critical not only to Normalization but to the distribution of peace dividends and initiating sustainable development in conflict-affected communities. I hope that by the time the Office of the President approves the SPA, and the trust fund organized, our peace partners are still willing and able to provide support.

Way Forward – Support of the CSOs

I want to clarify that my purpose in highlighting the Normalization components that need attention was not to find fault. Instead, my goal was to find solutions. The parties must exhibit political will, resourcefulness, integrity, and a problem-solving mindset to reach the Exit Agreement. Moreover, the process needs proper utilization of allocated resources – both from government coffers and development partners – and access to relevant expertise and technical advice.

Both the GPH and the MILF are committed to the peace process. While we follow a roadmap, it would be unwise not to consider how the Covid-19 pandemic will affect our ability to accomplish our tasks. In addition to the peace process, the pandemic has significantly altered the Bangsamoro Government and other relevant institutions' capacity to deliver essential services across the Bangsamoro region. Even if the situation stabilizes, the economic impacts of the COVID-19 virus will persist and exacerbate the underlying roots of the conflict, such as injustice and inequality.

During this critical moment in the peace process, what can our civil society partners can do? I have a few recommendations:

 1. The CSOs can assist the GPH and MILF by looking at the possible gaps in the implementation. However, these must be communicated through the correct channels, such as the JCCCH and the LMTs. Also, the quality should not be fault-finding, but problem-solving;

1. Help us address rumors and misconceptions about the peace process in your respective advocacies and communication strategies. Events like these allow us to be transparent to our constituents regarding the progress of the peace process. But we also need to ensure that any message should be consistent and factual;
2. Your local peacebuilding efforts should uphold Covid-19 safety and health protocols, such as wearing protective gear and observance of social or physical distancing measures. And if you have Covid-19 response efforts, please make sure these remain conflict-sensitive and utilize context-based approaches;
3. CSOs should encourage their donor partners to provide sustained and flexible financial support while dealing with this pandemic;
4. And in your respective peacebuilding programs, kindly help communities gain access to power, phones, internet, radio, online platforms, and other communication tools; and
5. CSOs should support youth-led peacebuilding and crisis response efforts.

 Conclusion

In twenty years of finding a peaceful solution to the Bangsamoro problem, we have experienced both success and failure. A former British prime minister said that "there is no education like adversity," which means we learn best and most completely when we go through some difficulty. In other words, failure is a prerequisite to success.

Given the scope of Normalization and the resources required to ensure its success, it seems an almost impossible task. Whatever trials we are facing now concerning the peace agreements' implementation, it will be further exacerbated by the Covid-19 pandemic threat. Both parties and the CSOs must seek innovative solutions to protracted problems since our movements are limited and response time impaired due to stringent health and safety measures. We will remain consistent with our goal as per the ideals, needs, and aspirations of the Bangsamoro people, but our approach should respond to the nuances brought by the “new normal.”

Thank you very much for patiently listening to my presentation. I pray that we continue to build on the gains of the GPH-MILF peace process.

Sukran and Wassalam!

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"Usapang Bangsamoro sa Panahon ng Pandemya" was a hybrid online and onsite conference initiated by MINDANAO PEACEWEAVERS and the KAAKBAY BANGSAMORO WORKING GROUP in collaboration with Balay Rehabilitation Center, Inc (Balay), Catholic Relief Services – Philippines (CRS), Christians for Peace Movement (CfPM), forumZFD, Initiatives for International Dialogue (IID), Kutawato Multimedia Network (Kumunet), Nonviolent Peaceforce (NP), Organization of Teduray and Lambangian Conference (OTLAC), United Youth for Peace and Development (UNYPAD), Consortium of Bangsamoro Civil Society (CBCS), International Monitoring Team – Civilian Protection Component (IMT-CPC), League of Bangsamoro Organization (LBO), Mangungaya Mindanao Incorporated (MMI), Mindanao Action for Peace and Development Initiatives, Inc. (MAPAD), Moro Women Development and Cultural Center, Inc. (MWDECC), Teduray Lambangian Women’s Organization Inc. (TLWOI), Timuay Justice and Governance (TJG), UnYPhil-Women (Unyphil), and World Vision Development Foundation, Inc. It was also attended by international organizations and humanitarian groups who are pro-active stakeholders of peace.