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The Philippines: Renewing Prospects for Peace in Mindanao
The Philippines: Renewing Prospects for Peace in Mindanao
Report 240 / Asia

The Philippines: Breakthrough in Mindanao

The next round of talks between the Philippines’ largest Muslim insurgent group and the government is a crucial step towards implementing a sweeping peace agreement signed in October.

Executive Summary

The pact signed on 15 October 2012 between the Moro Islamic Liberation Front (MILF) and the Philippine government is a breakthrough in many ways but is far from a final peace. As with earlier texts signed over years of negotiations, this one – the “framework agreement” – defers several tough questions and it is unclear how, if ever, they will be resolved. At stake is the creation of a genuinely autonomous region in Muslim-majority Mindanao for the various ethnic groups collectively known as the Bangsa­moro, with more powers, more territory and more control over resources. The framework agreement envisions a new government for the troubled Muslim south that would raise its own revenues and have its own police and judiciary. It maps out a multi-step process to create this new entity by the time President Benigno Aquino III’s term ends in 2016. The obstacles ahead are huge. Politics in Mindanao or Manila could get in the way, and it may be impossible to devolve sufficient power to the Bangsamoro government without running afoul of the constitution. The MILF is unlikely to surrender its arms until the process is complete.

Peace talks with the 12,000-strong MILF, the country’s largest and best armed insurgent organisation, began in 1997. They have moved glacially ever since and were interrupted three times by serious fighting: in 2000, 2003 and 2008. The collapse in 2008 had damaging political implications because it hardened the positions of all stakeholders on critical elements of a final peace. These include the territory for a new Bangsamoro homeland and its powers vis-à-vis Manila. At the centre of the storm was a sweeping text known as the Memorandum of Agreement on Ancestral Domain (MOA-AD), whose provisions the Supreme Court declared unconstitutional; it was never formally signed. It was difficult to get the peace process back on track afterwards because the MILF insisted that discussions resume from where they had left off.

President Aquino, who took office in June 2010, had no interest in repeating these mistakes. His government would consult and reassure potential spoilers, and any deal reached would have to be legally, constitutionally and politically water­tight. The government strategy from early on was to find a way to move the MILF away from the terms of the failed 2008 agreement. Aquino, elected on an anti-corruption platform, also did not want a peace pact to run the risk of worsening governance problems in the south. The MILF, proud of its tenacity and consistency in the protracted talks, was initially unwilling to adjust to this new approach.

The negotiations only started to make real progress in mid-2012 when the parties began to draft a text that embodied all points they could agree on, while setting aside everything they did not. With Malaysia, which facilitates the negotiations, and other international third parties to the peace process nudging the MILF and the Aquino government closer together, the text of the framework agreement fell into place. When the hard part came – territory – the MILF was ready to take a leap of faith. It agreed to provisions that are tricky to sell to its supporters in Mindanao but that give all Bangsa­moro a chance to decide whether they accept the terms of a final peace.

For the Aquino government, it was important to bring the peace process back to the Philippines after years of confidential negotiations abroad and to give other voices in Mindanao a chance to be heard. The MILF’s leaders, who claim to represent all Bangsamoro despite the undeniably fractious politics of the region, have agreed to make space for others to sit at the table and help them craft the new law that will create a Bangsamoro government. If all goes well, this will increase the popular legitimacy of the peace process; if it does not, and the Bangsamoro cannot even agree among themselves, it will do serious damage to the idea of regional autonomy. The next hurdle will be passing this new law through Congress. The president’s popularity and considerable political capital will help with stakeholders in Manila, and the depth of his commitment to securing peace in Mindanao will become clear when constitutional issues inevitably rear their head. If the process stalls at any stage, it may be hard for the MILF leadership to control its commanders and retain popular support.

For the Bangsamoro, the framework agreement holds out the possibility of peace, a responsive government and a better, more prosperous future for their children. Nothing has changed yet, but there is real hope that this time will be different. The MILF, the government and their international partners need to work together to ensure those hopes are not dashed.

Jakarta/Brussels, 5 December 2012

MILF rebels attend a rally in support of the peace agreement inside Camp Darapanan in Sultan Kudarat town, on southern island of Mindanao, 27 March 2014. AFP PHOTO/Ted Aljibe
Report 281 / Asia

The Philippines: Renewing Prospects for Peace in Mindanao

Hopes are high that one of the world’s longest-running civil conflicts can be resolved in the Philippines. The newly-elected president must act on his commitment to the outgoing administration’s promise of autonomy for the southern Bangsamoro (Muslim Nation) population. Failure to do so risks more lawlessness or reigniting the insurgency.

Executive Summary

The southern Philippines is potentially closer to peace than at any time in the four decades since Muslim insurgents started fighting for independence, but the substantial progress over the past six years is also fragile. President Rodrigo Duterte, who took office on 30 June, needs to build quickly on the foundations laid by President Benigno Aquino’s administration or the process risks collapsing. Duterte has suggested a new enabling law could be drafted by an ad hoc convention that brings together members of different southern ethnic, religious and political groups. The idea has some advantages, but not at the cost of prolonged delay. The greatest danger to peace is that the restive south, sceptical after watching at least three other agreements founder, will lose faith in the process and return to guerrilla warfare or tip deeper into lawlessness. The most effective way of avoiding these dangers is for the new government to pass enabling legislation quickly that delivers at least as much autonomy as was promised by the outgoing administration.

At the beginning of 2015, the government and the Moro Islamic Liberation Front (MILF) seemed on the brink of an historic peace to end a conflict in which more than 120,000 people have died. After years of neglect, factionalism and talks in bad faith, Aquino’s government and MILF leaders had broadly agreed on a package that would grant the five southern provinces, collectively called Bangsamoro (Muslim Nation), a large degree of political and financial autonomy in return for the MILF disarming and dropping independence demands. The Framework Agreement on Bangsamoro in October 2012, followed by the Comprehensive Agreement on Bangsamoro (CAB) in March 2014, laid out the architecture, but finalisation was contingent on Congress approving the enabling legislation before Aquino’s term ended. That did not happen, the result of a bungled police operation and politicking ahead of the May 2016 elections. 

Duterte, the mayor of the southern city of Davao who won that election, was one of the peace deal’s most vocal supporters during the campaign. Though he has said he favours autonomy for Bangsamoro, all indications are that he will not follow the same route as the previous administration to deliver it. It is unclear whether he envisages the settlement for the south as an advance model for his broader plans of national federalisation or as an integral part of them. A long delay, or an autonomy bill that delivers less than the CAB’s promises, risks alienating key sections of the Bangsamoro population. A particular danger is that young people, disillusioned by failure of political negotiations, would seek alternatives, such as joining one of the militant groups waiting in the wings or turning to anarchic criminality.

There was no contingency plan for failure to pass the bill under Aquino, and by law the new government must start the process of drafting and approving legislation over. While doing so, it needs to put in place measures to preserve the gains of the previous administration and make significant good-will gestures fast to boost damaged confidence in the deal. Both sides need to prepare for the coming autonomy. The MILF leadership has invested most of its political capital in the negotiations and to maintain its credibility has to be able to show that the new administration will continue it in good faith. A number of interlocutors within the process and outside suggest the government should boost confidence through increased development assistance to local bodies in the south.

The south is ill-prepared for autonomy. Although the delay presents a threat to the process, it is also an opportunity. It allows the MILF and other groups, such as the Moro National Liberation Front (MNLF), time to transition from guerrilla organisations to political parties; create an inclusive political platform bringing together Mindanao’s disparate population; and convince sceptics within their own communities to support social change for a lasting peace.

Mindanao’s peace process has been innovative: it includes an International Contact Group to coordinate outside support and, at least on paper, commitment to involve women, minorities, and civil society during the negotiation and implementation of agreements. International partners, in particular Malaysia and the member states of the European Union (EU), have been a vital, constructive force in the peace process, facilitating and assisting as needed, but resisting the temptation to insert themselves so far into the mechanism as to detract from its essentially home-grown nature. Foreign governments, diplomatic missions and NGOs should now help escort the process through the delay, publicly supporting measures such as development aid and education programs, while impressing upon Manila’s political elite that Congress needs to build on the achievements of the previous administration.

Failure to pass an acceptable autonomy law would risk exacerbating disenchantment with negotiated change, fuelling criminality and facilitating religious radicalisation. Global jihadist movements like Islamic State (IS) have shown a clear ability to exploit social disorder in Muslim communities elsewhere to gain new recruits and have already gained some adherents among smaller and more opportunistic rebel groups in Mindanao.

Years of negative national media coverage of Muslim aspirations have had a harmful impact on how the rest of the Philippines views southern autonomy. The new government under Duterte must remember that ignoring or derailing the existing process would lead not to a return to the status quo ante but to an unpredictable, potentially much more violent future.

Recommendations

To maintain the momentum of the peace process

To the Philippines authorities: 

  1. Use the 2014 Comprehensive Agreement on Bangsamoro (CAB) as the basis of any future process. 
     
  2. Expedite the passage of enabling legislation to create a CAB-compliant autonomous region in Mindanao.
     
  3. Ensure strong coordination with Mindanao-based security forces to avoid confidence-shaking clashes.
     
  4. Use high-profile developmental and social investments, funnelled through local groups, to show goodwill, with a focus on infrastructure, education and health. 
     
  5. Develop a public communication strategy to prepare the rest of the country for Bangsamoro autonomy.
     
  6. Establish a National Transitional Justice and Reconciliation Commission on Bangsamoro to deal with past injustices.

To the MILF:

  1. Continue to show flexibility in negotiations with the new government on how autonomy is going to be delivered.
     
  2. Reach out to non-Muslim constituencies, particularly Christian and indigenous groups, to ensure they do not feel threatened by the prospect of living in an autonomous Bangsamoro.

To the MNLF:

  1. Do not attempt to renegotiate the CAB from scratch.

To international partners and donors: 

  1. Focus financial, programmatic and monitoring support on three main areas: governance and capacity building, strategic communications and peace diplomacy, and justice and rule of law.
     
  2. Establish in coordination with various levels of government and the MILF a multi-donor normalisation trust fund to help pay for the transition.
     
  3. Help facilitate inward investment in Bangsamoro to boost the local economy through jobs and commerce.

To prepare for autonomy

To the Philippines authorities:

  1. Ensure that MILF fighters who agree to demobilise get their full socio-economic assistance package, so as to encourage other fighters to follow. 
     
  2. Extend the offer of amnesty and a demobilisation package to fighters of other once-secessionist groups, including the MNLF.

To the MILF:

  1. Broaden the political base of its political vehicle, the United Bangsamoro Justice Party (UBJP), to give a greater voice to women, young people, Christians and members of the Lumad indigenous group.
     
  2. Help build capacity for governance in Bangsamoro by identifying and nurturing talent across all ethnic, social and religious groups and genders, and seeking assistance and advice as necessary.

To international partners and donors: 

  1. Focus on boosting the technical capacity of the Bangsamoro bureaucracy, with specific emphasis on new areas of governance they will inherit with autonomy, including taxation and fiscal governance, investment policy, and land management.

Manila/Brussels, 6 July 2016