23 April 2019
Press Release
Third-Party Monitoring Team issues its Fifth Public Report
Notes developments during the finalization of the Bangsamoro Organic Law and the Plebiscite for ratification of the BOL, and highlights the need for focus and commitment on the normalization process for the combatants and communities to attain sustainable peace.
The Third-Party Monitoring Team (TPMT), formally established in 2013 as part of the peace process between the Philippine government and the Moro Islamic Liberation Front, with a mandate to monitor and review implementation of the Bangsamoro peace process, today issued its fifth Public Report.
The TPMT has reviewed the final text of the BOL in detail and it is our assessment that the Law as passed by Congress and approved by the President reflects the spirit and intent of the Parties as outlined in their Comprehensive Agreement on the Bangsamoro (CAB), and serves to enact the key provisions of the CAB. However R.A. 11054 falls short of fully implementing the CAB as it leaves out several important provisions of the CAB, and it also introduced some revisions to provisions in the CAB.
Maintaining scrutiny of the implementation of the peace agreement is important – although the Bangsamoro Organic Law (BOL) is the enabling legislation to implement the peace agreement, it does not replace nor substitute that agreement. Both are now in force, the CAB as an executive commitment between the Filipino people (represented by the President) and the MILF, and the BOL as a law of the Republic of the Philippines.
However it is important to note any variances between the BOL and the CAB as these are important for the national journey towards peace, and these are noted in the report, including:
- The majority of the core elements of the CAB, particularly the ministerial form of government and some provisions on fiscal autonomy, are fully reflected in the BOL.
- There are also some amendments that expanded the powers of the BARMM, such as the revenue sharing and revenues related to natural resources.
- In addition, the BOL clarified certain elements of the CAB, such as the formula for the block grant and Special Development Fund.
- Some key CAB provisions have been left out of the law, particularly the “opt-in” clause, delineation of powers, and policing.
- There are also several amendments which depart significantly from the CAB, such as the consent of respective “mother units” for inclusion of North Cotabato barangays and Lanao del Norte municipalities, as well as changes to the proposed exclusive powers over energy-providing inland waters.
The Parties’ continuing strong commitment to the peace process serves as the best guarantee of success. For the next phase of the peace process, now that the BARMM is established and the BTA in place, the TPMT is of the view that it will be imperative for the Parties to:
- Discuss and agree on the way forward so that the CAB provisions that have been deleted or amended in the BOL may still be implemented. There is a need to clarify the timeframe and the process on how the recommended constitutional amendments of the BTC will be translated to a piece of legislation, whether as part of the federalism project or a separate set of constitutional amendments;
- Finalize and implement an overall transition plan. It should lay down the primary and essential steps to be undertaken to ensure a smooth administrative and bureaucratic transition from ARMM to BARMM, including priority parliamentary actions and development programs for the BTA as well as the necessary trainings for BTA officials and staff;
- Revisit the Normalization Program and if necessary make amendments to the CAB in terms of policing as this may entail changes to the schedule of the various normalization components;
- Start implementing key recommendations of the Transitional Justice and Reconciliation Commission;
- For the GPH to implement a viable plan on the disbandment of private armed groups, as this will greatly impact the MILF decommissioning process and the security situation in the region during the transition;
- Further strengthen efforts to make the process more inclusive, and particularly for the MILF-led BTA to demonstrate their sincerity and willingness to partner with all groups in the region.
- Monitor and support efforts to ensure the immediate rehabilitation of Marawi City that respects and responds to the proposals of the local residents especially of the most affected area. Programs that will holistically and proactively prevent violent extremism should also be developed.
The collective commitment of all parties to continue to strive for peace has been impressive. With continued diligence in implementation of the Comprehensive Agreement on the Bangsamoro the foundations of a peaceful future for Mindanao will strengthen.
Background:
The independent Third-Party Monitoring Team (TPMT) was set up by the Government of the Philippines and the Moro Islamic Liberation Front to monitor the implementation of the GPH-MILF peace agreement, as provided for in the Framework Agreement on the Bangsamoro (FAB) signed on 15 October 2012.
The TMPT has five members (two nominated by the GPH, two by the MILF, and a jointly-nominated Chair). Currently, there are four members: Karen Tañada (Gaston Z. Ortigas Peace Institute) and Rahib Kudto (UNYPAD), Huseyin Oruc (IHH), Sam Chittick (Asia Foundation), and the Chair is Alistair MacDonald (former EU Ambassador to the Philippines, now retired).
The TPMT is tasked with monitoring, reviewing and assessing the implementation of all signed agreements between the Parties, primarily the FAB and its Annexes. In particular, its basic functions are to:
– monitor and evaluate the implementation of all agreements;
– review and assess the progress of the implementation of commitments by both Parties under the Agreements (submitting comprehensive periodic reports and updates to both Parties for their appropriate action);
– and to communicate to the public the progress and developments in the implementation of the Agreements of the Parties.
The TPMT was launched in July of 2013, on the basis of the Terms of Reference agreed by the Parties in January of that year. The TPMT has so far convened thirty-two times in the Philippines, on a roughly two-monthly basis, and will continue its work through until the completion of the Exit Document foreseen in the FAB.
The present Public Report is the fifth such report issued by the TPMT – previous reports were issued in February 2014, February 2015, February 2016, and July 2017.
Contact: Karen Tañada
TPMT Member (Manila)
Contact: Rahib Kudto
TPMT Member (Mindanao)