FEDERAL STATE OF MINDANAO

THE PROPOSAL FOR A FEDERAL STATE OF MINDANAO IS BASED

ON THE CENTURIES OLD DEMAND

FOR THE RIGHT TO SELF DETERMINATION

MINDANAO PEACE CARAVAN

In 1998 the MNLF held the MINDANAO PEACE CARAVAN to

campaign for a FEDERAL REPUBLIC OF THE PHILIPPINES

FEDERAL REPUBLIC

THE PROPOSAL IS TO HAVE A FEDERAL REPUBLIC COMPOSED OF

FOUR FEDERAL STATES: MINDANAO VISAYAS LUZON

METRO MANILA

FEDERAL AS PEACE FORMULA

FEDERALISM WILL RESOLVE THE CENTURIES STRUGGLE OF THE

BANGSAMORO PEOPLE FOR THE RESTORATION OF PEACE AND THE

RIGHT TO SELF DETERMINATION AND RECTIFY HISTORICAL INJUSTICE

THE BANGSAMORO HOMELAND

PRE COLONIAL MINDANAO WAS AN INDEPENDENT NATION WITH EXISTING GOVERNMENT WITH ECONOMIC TIES

AND TRADE RELATIONS WITH NEIGHBORING ASIAN NATIONS/

MONARCHIES

16TH CENTURY MORO STATES

By the 16th Century, four Moro states already existed: 1.  Sultanate of Sulu; 2.  Sultanate of Maguindanao; 3.  Buayan Sultanate; and 4.  Apat na Pangampong in Lanao

During the Spanish-American War of 1898, all three competing powers - Aquinaldo's revolutionary government, the Kingdom of Spain, and the U.S. government acknowledged that the Moros were not part of the Philippines.

During the peace negotiations conducted between Madrid and Washington to formally terminate the war and resolve colonial issues, Spain - contrary to earlier pronouncements - officially declared that Moroland, Basi lan, Mindanao, Palawan, and the Sulu archipelago, was not part of her colony in the Philippines.

BATES TREATY

The Moros were independent of the Philippines so bilateral treaties were to be negotiated especially with the Sultanate of Sulu. A commercial treaty had already existed between the U.S. and Sulu since 1842.

The Bates Treaty was a treaty between to two equal, sovereign states - the United States and the Sultanate of Sulu - the treaty was signed on August 20, 1899. This was eight months after the Treaty of Paris had been signed ending the Spanish-American War. .

BATES TREATY

Washington officially acknowledged that the Moros were not part of the Philippines and specifically guaranteed to respect the identity and the integrity of the Sulu Sultanate. In return, the sultan recognized U.S. sovereignty

MORO-US WAR AFTER BATES TREATY ABROGATION

March 21, 1904, the U.S. government unilaterally abrogated the Bates Treaty and provoked a MORO-US war which lasted until 1913.

Notable Pockets of War in Mindanao were: the Pangl imas Hasan and Maharadja Andung in Sulu, the Datus of Maciu, Binidayan, and Taraca in Lanao, the Datu Ali in Cotabato, and the leaders of the Footmen Uprising in Palawan.

MORO PROVINCE

On June 1, 1903 the American colonizers established the Moro Province in Mindanao.

DIVIDE AND RULE

Subsequently, as part of the colonial divide and rule tactic the MORO PROVINCE was reduced

to the territories comprising provinces/regions of

Zamboanga, Lanao, Cotabato, Davao, and Sulu.

MORO PROVINCE

MISAMIS

SURIGAO

AGUSAN

MINDANAO-SULU 1903-1913

SPECIAL: Moro; Agusan

REGULAR: Misamis; Surigao

SEAL OF GOVERNMENT OF MORO PROVINCE

COAT OF ARMS OF MINDANAO AND SULU 1914-1920

EAL OF GOVERNMENT OF THE MORO PROVINCE

COAT OF ARMS OF MINDANAO AND SULU NOV 16, 1914 - FEB 5, 1920

FILIPINO COLONIZATION In 1935, the Commonwealth of the Philippines was formally established. Under the Quezon administration an escalation of Filipino colonization of Bangsa Moro homeland became the maid agenda of the new colonial government of Manila.

SENATOR CABILI OPPOSED THE 1935 CONSTITUTION

Senator Tomas Cabili did not sign the 1935 Constitution for the following reasons: • That it carries no provision to promote the progress of the non-Christians as provided in Article XII, Section 5 of the proposed draft; • -That it places too much power in the Executive Department, which might inspire the establishment of a dictatorial government; • -That it carries no provision for municipal and provincial autonomy; • -That it might encourage communism because of the allowance given to the government to appropriate and substitute landed estates; • -That the safeguards provided against the acquisition of agricultural lands by the foreigners are not sufficient; • -That there is no provision made for the nationalization of the retail trade; and • -That there was too much intervention from outside, especially from President Quezon in the drafting of the Constitution. • -It is a poor copycat of the US Constitution that provides for federalism.

President Quezon's address to the First National Assembly on June 16, 1936 states that. . . “the time has come when we should systematically proceed with and bring about the colonization and economic development of Mindanao..”

DECLARATION OF INDEPENDENCE OF MINDANAO AND SULU

May 1, 1968, the provincial governor of Cotabato, Datu Udtog Matalam, made a dramatic move. He issued the Mindanao I n d e p e n d e n c e M o v e m e n t ( M I M ) manifesto calling for the independence of Mindanao and Sulu to be known and referred to as the Republic of Mindanao and Sulu.

DECOLONIZATION STRUGGLE

T H E F O U N D I N G O F T H E M O R O NATIONAL LIBERATION FRONT IN 1969 BY YOUNG MILITANT MORO STUDENTS, POLITICAL LEADERS AND THE MORO GRASSROOTS LED BY ONE OF ITS FOUNDING LEADERS PROF. NUR MISUARI, SIGNALLED THE POLITICAL A N D A R M E D S T R U G G L E T O DECOLONIZE THE MORO HOMELAND FROM THE PHILIPPINE “NEO-COLONIAL RULE”

1976 TRIPOLI AGREEMENT

AGREEMENT TO ESTABLISH THE AUTONOMOUS REGION FOR SOUTHERN

PHILIPPINES.

1976 TRIPOLI AGREEMENT THE HIGH CONTRACTING PARTIES

1. THE REPUBLIC OF THE PHILIPPINES; 2. THE MORO NATIONAL LIBERATION

FRONT; 3. WITH THE PARTICIPATION OF THE

Q U A D R I P A R T I T E M I N I S T E R I A L COMMISSION MEMBERS OF THE ISLAMIC CONFERENCE AND THE SECRETARY GENERAL OF THE ORGANIZATION OF ISLAMIC CONFERENCE

TERRITORY THE AREAS COVERED WERE TERRITORIES

OF WHAT WAS ONCE THE MORO PROVINCE DURING THE AMERICAN COLONIAL REGIME

Provinces: Tawi Tawi, Sulu, Basilan, Palawan, Zamboanga del Sur, Zamboanga del Norte, Sibugay, Lanao del Sur, Lanao del Norte, Maguindanao, Sultan Kudarat, North Cotabato, South Cotabato, Sarangani Province, Davao del Sur

Cities: Puerto Princesa, Zamboanga, Dipolog, Pagadian, I l igan, Marawi , Cotabato, Koronadal, Kidapawan, General Santos

13 Provinces Territory of Autonomy Tripoli Agreement 1976

TRANSITIONAL MECHANISM

ESTABLISHMENT OF A PROVISIONAL GOVERNMENT IMMEDIATELY AFTER T H E S I G N I N G O F T H E T R I P O L I AGREEEMENT TO BE APPOINTED BY THE PRESIDENT OF THE PHILIPPINES

MANDATE OF THE PROVISIONAL GOVERNMENT 1.  To prepare for the elections of the

Legislative Assembly in the territories of the autonomy;

2.  Administer the areas in accordance with the Tripoli Agreement until a Government is formed by the elected Legislative Assembly. (Par. 15, TA)

PROCESS OF IMPLEMENTATION

THE GOVERNMENT OF THE PHILIPPINES S H A L L T A K E A L L N E C E S S A R Y CONSTITUTIONAL PROCESS FOR THE IMPLEMENTATION OF THE ENTIRE AGREEMENT (Par. 16)

FRAMEWORK OF AUTONOMY

SECURITY •  JOINING OF THE FORCES OF MNLF

AND THE AFP (par. 2) •  SETTING UP OF SPECIAL REGIONAL

SECURITY FORCES (par. 8)

ADMINISTRATION OF JUSTICE •  Right to set up Courts to implement

Islamic Shari’ah laws •  Right to be represented in all courts

including the Supreme Courts (par. 3)

EDUCATION

Right to set up schools, colleges and universities (par. 4)

SYSTEM OF GOVERNMENT AN ADMINISTRATIVE SYSTEM IN

COMPLIANCE WITH THE OBJECTIVES OF AUTONOMY, LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL

(par. 5 and 9)

NATURAL RESOURCES REASONABLE PERCENTAGE

DERIVED FROM THE REVENUES OF MINES AND MINERALS (par. 10)

REPRESENTATION

RIGHT OF REPRESENTATION AND PARTICIPATION IN THE CENTRAL GOVERNMENT AND ALL OTHER ORGANS OF THE STATE.

PROVISIONAL GOVERNMENT SHALL BE ESTABLISHED IMMEDIATELY UPON

THE SIGNING OF THE AGREEMENT ON DECEMBER 23, 1976. (par. 15)

THE MARCOS AUTONOMY

INSTEAD OF THE PROVISIONAL GOVERNMENT THE LATE PRESIDENT FERDINAND E. MARCOS ESTABLISHED TWO AUTONOMOUS REGIONS

AUTONOMOUS REGIONS DURING MARTIAL LAW

The late President Marcos called a "referendum -plebiscite" on April 17, 1977, based on Presidential Decree No. 1618 and established two autonomous regions, namely, Region IX (Sulu, Tawi-Tawi, Basilan, Zamboanga del Norte, and Zamboanga del Sur) and Region XII (Lanao del Norte, Lanao del Sur, North Cotabato, Maguindanao, and Sultan Kudarat).

MNLF REJECTION

THE MNLF REJECTED PD 1816 BECAUSE IT VIOLATED THE 1976 T R I P O L I A G R E E M E N T . A S CONSEQUENCE THE MORO WARS IN MINDANAO RE-EMERGED.

ARMM

ON AUGUST I, 1989, CONGRESS OF THE PHILIPPINES PASSED REPUBLIC ACT 6734 CREATING THE AUTONOMOUS R E G I O N I N M U S L I M M I N D A N A O WHEREBY A PLEBISCITE WAS HELD IN THE TWO AUTONOMOUS REGIONS OF REGION IX AND REGION IX PLUS THE PROVINCES OF DAVAO DEL SUR, SOUTH COTABATO AND PALAWAN.

MNLF REJECTION

AGAIN, THE MNLF REJECTED RA 6734 BECAUSE IT VIOLATED THE 1976 TRIPOLI AGREEMENT AND BOYCOTTED T H E P L E B I S C I T E F O R T H E RATIFICATION OF THE NEW AUTONOMY LAW. THE LATE PRESIDENT CORAZON AQUINO ANNOUNCED THAT RA 6734 WAS A “UNILATERAL ACT” OF THE GRP TO IMPLEMENT THE 1976 TRIPOLI AGREEMENT.

RA 6734 PLEBISCITE

THE PLEBISCITE RATIFYING RA 6734 SHRUNK THE BANGSAMORO HOME LAND TO FOUR PROVINCES NAMELY: TAWI TAWI, SULU, LANAO DEL SUR AND MAGUINDANAO

ARMM 1989

1996 FINAL PEACE AGREEMENT

THE IMPLEMENTING MECHANISM TO FULLY IMPLEMENT THE 1976 TRIPOLI AGREEMENT IN ACCORDANCE WITH THE CONSTITUTIONAL PROCESS IS THE 1996 FINAL PEACE AGREEMENT

1996 FINAL PEACE AGREEMENT

1996 PEACE AGREEMENT THE HIGH CONTRACTING PARTIES 1.GOVERNMENT OF THE REPUBLIC OF THE

PHILIPPINES (GRP); 2. MORO NATIONAL LIBERATION FRONT (MNLF); 3. WITH THE PARTICIPATION OF THE

ORGANIZATION OF THE ISLAMIC CONFERENCE (OIC) MINISTERIAL COMMITTEE OF THE SIX AND THE SECRETARY GENERAL OF THE OIC

THE TRANSITIONAL PERIOD (PHASE I)

•  Establishment of Special Zone of Peace and Development SZOPAD

•  Establishment of Southern Philippinnes Council for Peace and Developemnt (SPCPD)

•  Joining of MNLF elements with the PNP (1,500) and AFP (5,750)

•  Right of Representation •  Establish Development Task Forces

•  Creation of the Darul Iftah •  Establishment of the Consultative

Assembly having powers, among others, to make rules and regulations to the extent necessary for the effective and efficient administration of the affairs of the area.

•  Channeling of public and private investment into the area to spur economic development

POWERS OF THE SPCPD

•  Exercise control and supervision over appropriate agencies engaged in peace and development activities in the area;

•  Monitor, promote, and coordinate development efforts;

•  Attract foreign investment ; •  Cause the implementation of peace and

development projects; •  To be deputized by the Commission on Elections

to assist in the preparation of the holding of elections, referenda or plebiscite and people’s initiative

ESTABLISHMENT OF NEW AUTONOMOUS REGION (PHASE II) THE SECOND PHASE SHALL

BE IMPLEMENTED THROUGH A CONGRESSIONAL ACT TO LEGISLATE PERTINENT PROVISIONS OF THE PEACE AGREEMENT BY AMENDING RA 6734.

THE AUTONOMOUS REGION The New Autonomous Government

exercises broad and plenary powers Exceptions: Foreign Affairs, National and

Security Defense, Postal Service, Coinage, Fiscal and Monetary Policies, Administration of Justice except Shari’a,. Quarantine, C u s t o m s a n d T a r i f f , C i t i z e n s h i p , Naturalization, Immigration, Deportation, General Auditing, Civil Service and Foreign Trade, Patents, Trademarks, Trade-names and Copyrights. (par. 27)

The Establishment of the Special Regional Security Forces for the Autonomous Region -Phase-2 of the Implementation of the Tripoli Agreement (paragraphs 73-93)

Educational System to develop total spiritual, intellectual, social, cultural, scientific and physical aspects of Bangsamoro people to make them God-fearing, productive, patriotic citizens conscious of their Filipino and Islamic values and Islamic cultural heritage (paragraphs 94-124 PA);

•  The Economic and Financial System, Control over Mines and Minerals (paragraphs 126-151, PA);

•  Establishment of Shari’ah Courts (152 PA)

GAPS IN THE IMPLEMENTATION IN PHASE I

Executive Order No. 371 signed in

October 1996 omitted the stipulated control, and/or regulatory powers of the SPCPD over government agencies operating within SZOPAD

Immediately after the signing of the 1996 Peace Agreement, the GRP held peace talks with the Moro Islamic L i b e r a t i o n F r o n t w i t h o u t a n y participation and knowledge of the SPCPD/MNLF ignoring the vital role of the latter to orchestrate the peace and development projects within SZOPAD

In the 1998 general elections, and

local elections and even in the plebiscite in 2000 the SPCPD was not deputized to participate in the conduct of these electoral exercises violating the agreement that the SPCPD would be deputized by the COMELEC in the conduct of any electoral activity within the SZOPAD.

The deteriorating peace and order condition in the area, the all out war policy of the GRP particularly in the Estrada regime, the unabated criminal activities of lawless elements aggravated by the deliberate ignoring of the SPCD’S role by the GRP in the resolutions of these conflicts, have all conspired to marginalized and render the SPCPD irrelevant in violation of the 1996 Peace Agreement.

The “business as usual” attitude of the government in the preparations and e n a c t m e n t o f t h e G e n e r a l Appropriation Acts from 1997 to 2001 resulted in the lack of/insufficient funding for projects intended for rehabilitation, reconstruction, reconciliation, social, economic and infrastructure projects.

The projects implemented and the funds released in the SZOPAD during the 3 year transitory period were regular funds for regular projects and programs (to be implemented even if there was no Peace Agreement). The alleged projects were implemented by national agencies but not the SPCPD.

RA 9054 EXPANDED ARMM

RA 9054 LAPSED INTO LAW ON MARCH 31, 2001 WITHOUT THE PRESIDENT’S S IGNATURE, PURSUANT TO SEC 27(1), ARTICLE VI OF THE CONSTITUTION.

LEGITIMACY OF REPUBLIC ACT 9054 IS QUESTIONED

RA 9054 IS QUESTIONED BY THE MNLF BECAUSE IT VIOLATES THE 1976 TRIPOLI AGREEMENT AND 1996 FINAL PEACE AGREEMENT

UNRESOLVED HOMELAND SHRINKAGE

THE PLEBISCITE PROCESS TO RATIFY RA 9054 IN 2001 ADDED BASILAN PROVINCE O N L Y T O T H E S H R U N K BANGSAMORO HOMELAND REGIONAL GOVERNMENT

ARMM 2001

13 Provinces Territory of Autonomy Tripoli Agreement 1976

MORO PROVINCE

MISAMIS

SURIGAO

AGUSAN

MINDANAO-SULU 1903-1913

SPECIAL: Moro; Agusan

REGULAR: Misamis; Surigao

Question: What does the constitution say on autonomous regions?

Answer: Section 5, Article X provides that the autonomous regions shall “consist of the provinces, cities, municipalities and geographical areas shar ing common and dist inct ive historical and cultural heritage, economic and social structure and other relevant characteristics.

B a s e d o n t h e c o n s t i t u t i o n t h e autonomous region can comprise the provinces and cities mentioned in the 1976 Tripoli Agreement and all other areas in Mindanao sharing common and distinctive historical and cultural heritage, economic and social structure and other relevant characteristics

FEDERAL STATE OF MINDANO

Historical Basis: 1. Precolonial Mindanao consisted a) Sultanate of Maguindanao; b) Buayan Sultanate; and c) Apat na Pangampong in Lanao ; 2. Mindanao was MORO PROVINCE; 3. The Declaration of Mindanao Independence of Datu Udtog Matalam; 4. The war for independence of the MNLF; 5. The Mindanao Independent Movement led by Ruben Canoy; 6. Movement for Independence by One People Mindanao (OPM).

Cultural and Socio Economic Basis: Mindanao is composed of provinces, cities, municipalities and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structure and other relevant characteristics.

MNLF PROPOSAL

1. A FEDERAL REPUBLIC COMPOSED OF FOUR FEDERAL STATES NAMELY: •  LUZON •  METRO MANILA •  VISAYAS •  MINDANAO

•  IF THE SYSTEM IS BICAMERAL– E A C H S T A T E S H A L L B E REPRESENTED EQUALLY IN THE SENATE WITH 24 SENATORS EACH;

•  IF IT IS PARIAMENTARIAN, THE SYSTEM MUST PROVIDE FOR DIRECT VOTE FOR THE PRESIDENT AS HEAD OF STATE.

FEDERAL STATE AS A PEACE FORMULA

TO ADDDRESS THE DEMAND FOR SELF DETERMINATION AND TO FINALLY SETTLE THE MINDANAO PROBLEM THE FEDERAL STATE OF

MINDANAO SHALL HAVE THE POWERS AND AUTHORITY AS PROVIDED IN THE 1976 TRIPOLI AGREEMENT, 1996 FINAL PEACE AGREEMENT,

RA 9054, COMPREHENSIVE AGREEMENT OF THE BANGSAMORO AND BBL. AS FAR AS

PRACTICABLE, THE SAME POWERS MAY ALSO BE APPLICABLE TO THE OTHER FEDERAL

STATES OF THE FEDERAL REPUBLIC

DAGHANG SALAMAT