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Mindanao Daily

Founded 2006

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P10/RM1

Zamboanga City, Philippines

Oct. 15-21, 2012

‘LIGHT AT THE END OF THE TUNNEL’ See story on Page 2

Jubilant MILF rebels raise their weapons at a jungle base in the Southern Philippines (Mindanao Examiner Photo - Mark Navales)

ARMM

Northern Mindanao

Davao

Manila

Zamboanga Peninsula

The Mindanao Examiner

Oct. 15-21, 2012

Light at the end of the tunnel

Government photos show President Benigno Aquino and Moro Islamic Liberation Front leader Murad Ebrahim following a secret meeting in Japan on August 4, 2011. State media said the two discussed possible approaches in moving the peace process forward. (Mindanao Examiner)

COTABATO CITY – The Philippines’ largest Muslim rebel group, Moro Islamic Liberation Front, said it is optimistic that it could sign a peace accord with Manila that would end decades of bloody fighting in Mindanao. “There is an increasing our objectives, while chance now, more than ever, upholding the integrity and that the Moros in Mindanao sovereignty of our nation,” will get a better deal with the Aquino said, reading from a Manila government. Signs are teleprompter in Malacanang. great that the Aquino “This agreement creates administration and even those a new political entity, and it not in the party in power is deserves a name that more open to finally settle this symbolizes and honors the conflict in Mindanao,” the struggles of our forebears in MILF said in a statement, Mindanao, and celebrates the adding there had been so history and character of that much bloodshed and part of our nation. That name destruction because of will be Bangsamoro. We are hostilities and fighting in the doing everything to ensure southern region. that other Bangsamoro President Benigno stakeholders are brought in to Aquino, in a public telecast this process so that this peace on Sunday, said the can be claimed and sustained government agreed with the by all. Sovereignty resides in MILF on the creation of a new the people, and consistent autonomous political entity with the constitution, a basic called “Bangsamoro” that law will be drafted by a will replace the current transition commission and Autonomous Region in will go through the full Muslim Mindanao (ARMM) process of legislation in which he called a “failed Congress.” experiment.” The MILF has “The ARMM is a failed previously said that Aquino experiment. Many of the approved the creation of a people continue to feel Bangsamoro sub-state in alienated by the system, and Mindanao and also agreed to those who feel that there is no power and wealth sharing way out will continue to with the new sub-state. articulate their grievances But Aquino did not say through the barrel of a gun. what provinces and cities We cannot change this would make up the new without structural reform. political entity, which the This is the context that MILF is calling Bangsamoro informed our negotiations sub-state, whose areas would throughout the peace process. cover beyond the five And now, we have forged an provinces that composed agreement that seeks to ARMM – Basilan, Sulu, correct these problems. It Tawi-Tawi, Maguindanao defines our parameters and and Lanao del Sur, including

Marawi and Lamitan cities. the MILF said that in the past, the central government – in a one-sided affair monopolizes decisionmaking and disposition of resources. But under the new agreement with the MILF, the power and wealth-sharing in would be allocated or devolved to the new autonomous political entity. “What is this deal that is deemed better than any deal the Moros got in the past? In essence, this deal is about redefining the relationship between the Philippine state and the Bangsamoro in Mindanao through powersharing and wealth-sharing.” “This is the real reason why the MILF is only asking for the driver’s seat up to the interim period; and after which, either it will transform itself into a political party or organizes a political party and engages in election. If it succeeds, then it will form and run the government of the new entity. If it loses, the growing democratization of the struggle will continue,” the rebel group said. Aquino said his administration has pledged to support a law that will embody the values and aspirations of the Muslim people and that any proposed law resulting from this framework will be subject to ratification through a plebiscite and once approved, there will be elections. He said the cycle of violence in Mindanao has already claimed the lives of

more than 100,000 people and that many solutions were proposed and tried. “We have had peace agreements in the past, but still our hopes for the region remained unfulfilled. Some gained power, but instead of raising the quality of life in the region, this begot a structure that tightened the shackles of poverty.” “This Framework Agreement paves the way for a final, enduring peace in Mindanao. It brings all former secessionist groups into the fold; no longer does the Moro Islamic Liberation Front aspire for a separate state. This means that hands that once held rifles will be put to use tilling land, selling produce, manning work stations, and opening doorways of opportunity for other citizens,” Aquino said. He said under the new autonomous political entity, the central government will continue to exercise exclusive powers of defense and security, foreign policy, monetary policy and coinage, citizenship, and naturalization. And the Constitution and lawful processes shall govern the transition to the Bangsamoro, and this agreement will ensure that the Philippines remains one nation and one

protection of laws and access to impartial justice.” However, many Muslims in the Philippines do not consider themselves as Filipinos, but as separate citizens of the country. Aquino said: “We have gotten this far because of the trust extended to us by Al Haj Murad (Ebrahim) and his Central Committee, and the members of the MILF negotiating panel led by Mohagher Iqbal. They recognized our administration’s sincerity, and our shared principles and aspirations. Together, we traversed the distance between us until we finally met in a handshake and an embrace as fellow citizens of the Philippines.” “We have come to where we now stand, because trust has replaced doubt. There are challenges yet to face, and I entreat all Filipinos who thirst for peace with this mission - continue to sow trust, let us widen in and make it more pronounced in the days and weeks to come. Other triumphs will be sure to follow. Onward we will march toward stability; prosperity will illumine our entire country as a result of progress in

the provinces of Bangsamoro in his itinerary - the time is near when a tourist wanting to go to Pagudpud (in Ilocos Norte province in northern Philippines) can opt to go to Sulu (province in southern Philippines). Children going to school whether in Quezon City (in Metro Manila) or Lamitan (City in Basilan province in southern Philippines) will have the same quality education; hospitals whether in Pasig (City in Metro Manila) or Patikul (town in Sulu province) can offer the same quality health care; businesses will flourish, whether one chooses to invest in Marikina (City in Metro Manila) or (Islamic City of) Marawi (in Lanao del Sur province in southern Philippines),” he said. Aquino said for so long, it was impossible to even aspire for those things. “But we have proven: Nothing is impossible to those who are willing to unite, to work for solutions, and to act towards consensus. Finally, we have achieved peace, a peace that will serve as the foundation of our dreams for Bangsamoro, for

Chief Philippine peace negotiators Marvic Leonen is shown in this government photo with the governors of the Autonomous Region in Muslim Mindanao – Sakur Tan, of Sulu province; Jum Akbar, of Basilan; Esmael Mangudadatu, of Maguindanao; Sadikul Sahali, of Tawi-Tawi; and Mamintal Adiong, Jr. of Lanao del Sur during a break in the peace talks in Malaysia.

people, with all of our diverse cultures and narratives seeking the common goal, according to Aquino. He said the “Filipinos of Bangsamoro,” on the other hand, will be assured a fair and equitable share of taxation, revenues, and the fruits of national patrimony. They will enjoy equal

one region; our dreams will become a reality,” he said. Aquino said the agreement with the MILF would surely bring peace and development not only to Mindanao, but the whole country as well. “I am not a young man; I think I am only slightly younger than Al Haj Murad. The time will come when we will both have to relinquish our positions. We are united by hope: hope that we may bequeath to the next generation a better situation in the parts of Mindanao long torn by conflict.” “This Agreement allows us to dream: The time is near when any foreigner visiting the Philippines will surely have

Mindanao, and for the entire Filipino nation.” The MILF - a breakaway faction of the larger Moro National Liberation Front which signed a peace agreement with Manila in September 1996 - said: “It is time for every Moro, irrespective of group affiliations, to show selflessness by supporting this negotiation. Even a mere endorsement is a great boost to this undertaking. This is the best time for the current Moro leaders, in and outside of government, to do a “Mandela” for our people.” Mandela refers to a South African militant antiapartheid leader who spent 27 years in prison and later to become the president of his country. (Mindanao Examiner)

The Mindanao Examiner

Oct. 15-21, 2012

Si Sulu gubernatorial bet Abdusakur“Tutuh” Tan at Maimbung Mayor Samier Tan at kanilang partido matapos na maghain ng kanilang kandidatura para sa darating na halalan. (Kuha ni Ahl Salinas at Kim Uddin)

Anak ni Sulu Gov. Sakur Tan, sumunod sa yapak ng ama SULU – Umani ng malaking suporta ang kandidatura ng civic leader at sportsman na si Abdusakur “Tutuh” Tan bilang gubernador ng Sulu matapos ng maraming panghihikayat ng ibat-ibang grupo sa kanyang lalawigan na tumakbo at manilbihan tulad ng kanyang magaling na ama. Si Tutuh ay ang anak na panganay at Chief of Staff ni incumbent Sulu Governor Sakur Tan. Nagpasalamat naman si Tutuh sa maraming mga sumuporta sa kanyang kandidatura at nangako itong pagiigihin ang paninilbihan tulad ng amang pilantropo. Kilala ang pamilyang Tan bilang matulungan at isa sa mga respetadong angkan hindi lamang sa Sulu kundi maging sa Mindanao. Daan-daan naman ang sumalubong kay Tutuh ng dumulog ito sa tanggapan ng Commission on Elections na tabi lamang ng Kapitolyo sa

bayan ng Patikul. At tulad ng ama ay nag-alay muna ng dasal si Tutuh kasama ang iba pang mga pulitiko na naghain rin ng kanilang kandidatura. Malakas sa Sulu si Tutuh dahil sa pagiging

respetado nito at ng angkan sa komunidad at wala rin katunggali sa darating na halalan. Kabilang ang mga Tan sa Liberal Party ng Pangulong Benigno Aquino. Nauna na rin

naghain ng kanyang kandidatura ang nakakabatang kapatid naman ni Tutuh na si Samier Tan, ang kasalukuyang mayor ng bayan ng Maimbung, at ngayon ay nasa ikalawang

termino na. Maganda ang naging panimula ni Samier sa kanyang bayan at nabigyan nito ng maraming mga proyekto ang Maimbung na noon ay lugmok sa kahirapan.

Tulad ni Tutuh ay muling ipinangako ni Samier na lalo pa nitong pagiibayuhin ang panunungkulan sa kanyang bayan sa gabay na rin ng kanyang ama. (May karagdagang ulat ni Ahl Salinas)

The Mindanao Examiner

Oct. 15-21, 2012

PICE- Davao conducts CPES accreditation, construction safety courses

A sign at a restaurant in Davao City - 'No Smoking. Maximum Penalty of P10,000." Davao City has an ordinance banning smoking in public places. (Mindanao Examiner Photo)

Disg A rreebel sur Disgrruntled NP NPA surrrender enderss to militar y in P Paa g adian City

PAGADIAN CITY - A communist rebel, disgruntled by hardships and fighting in Zamboanga del Sur province, has surrendered to the Philippine Army and is now being investigated, officials said. Capt. Alberto Caber, a spokesman for the 1st Infantry Division, said Lito Bawan, who belongs to the Western Mindanao Regional Party Committee (WMRPC), surrendered in Pagadian City thru village leader Narcisa Puro. The 36-year old rebel also yielded an automatic rifle issued him by the New People’s Army, which is fighting for the establishment of a Maoist state in the country. “Accordingly, Lito was frustrated and exhausted by the hardships he had while waging a long, endless and useless war against the government. A disgruntled rebel, he decided to lay down his arms and tread the path

towards peace thru the assistance of Lourdes village chairwoman Narcisa Puro,” Caber said. He said Bawan is now in the custody of the 53th Infantry Battalion under Lt. Col. Casimero Royme Tamparong. Maj. General Ricardo Rainier Cruz III, the division commander, said they expect more rebels to return to the folds of the law and take advantage of the government’s reconciliation program. “The Aquino government is sincere in its efforts to bring about peace and development throughout the country by offering new opportunities for rebels to return to society and start a new life with their families. This is a new beginning for rebels and we are going to support them and together build a peaceful society,” Cruz told regional newspaper Mindanao Examiner. Just recently, an NPA

The Mindanao Examiner Media, Film and Television Productions Maritess Fernandez Publisher/Executive Producer (On Leave) Al Jacinto Editor-in-Chief/Producer (OIC) Gregorri Leaño Joanna Valerie Wee Video Editor Mindanao Examiner Productions Web Master REGIONAL PARTNERS Mindanao Daily Business Week NEWS/ADVERTISING OFFICES Mark Navales ARMM

Giovanni Solmerano Eastern Mindanao

Merlyn Manos Iligan City

Geonarri Solmerano Southern Mindanao

CONTRIBUTING EDITORS: Asa Madale Lanao Provinces Ely Dumaboc Zamboanga Sibugay/Zamboanga del Sur/Zamboanga del Norte John Shinn III California The Mindanao Examiner Newspaper/Business Week/Mindanao Daily is published weekly/daily in Zamboanga City and Cagayan de Oro City in Mindanao, Philippines. The Mindanao Examiner Television is broadcast in Skycable 54 in Zamboanga; Lupah Sug Cable in Sulu province and Basilan Cable in Basilan province. Our business and editorial offices are located at Units 15, 3rd Floor, Fair Land Bldg., Nuñez St., Zamboanga City Phone & fax: +63 62 9925480 Mobile: +63 9152756606 URL: mindanaoexaminer.com E-mail: mindanaoexaminer@gmail.com

squad leader Roger Apog, also of the WMRPC operating in the hinterlands of Zamboanga del Sur, also surrendered to the military. Meanwhile, the Philippine Army’s 10th Infantry Division condemned the continued recruitment by rebels of children in South Cotabato province. It said the rebels train the children and use them to fight the military. Lt. Col. Alexis Noel Bravo, commander of the 27th Infantry Battalion, said one teenager, Ronald Malley, who was allegedly an NPA member, was killed in a clash in Sultan Kudarat’s Columbio town. “The NPA is running out of recruits that they turn to children. Minors are supposed to be in schools under the guidance of their parents. Children are not supposed to be bearing arms and fighting for things they know nothing about. I condemn the NPA for exploiting them,” Bravo said in a statement to the Mindanao Examiner. He said the rebels violated the Comprehensive Agreement on the Respect of Human Rights and International Humanitarian Law signed by the Communist Party of the Philippines and the Philippine government. But the NPA denied Bravo’s allegations and said troops killed the 16-year old Malley along with a farmer, Andy Datuwata, 24, after soldiers opened fire on a shack where the two were sleeping. Ka Efren, a rebel spokesman said the victims were not members of the NPA as what the army told the media and branded the killings as “a sheer highfalutin and shameless fibbing of the fascist to conceal their ruthless and barbaric act towards the innocent civilians.” He said Bravo’s unit also arrested another civilian - Tata Malley, 22 - on suspicion he was a rebel and mauled him before handing him to the local police. He said all the victims belong to the indigenous Tiruray tribe. The rebel group condemned the killings and branded the attacks on civilians as “inhuman.” It said the soldiers also planted weapons inside the shack to make it appear that the military recovered them from the victims. (Mindanao Examiner)

DAVAO CITY – The Philippine Institute of Civil Engineers in Davao City ended a successful threeday seminar-workshop for the accreditation of constructors performance evaluators in the private sector. PICE is the first accredited professional organization in the country to conduct such a seminar which is the initial step of partnership between PICE and the Philippine Domestic Construction Board (PDCB) in expanding the promotion of Constructors Performance Evaluation System (CPES) and to maximize the benefits of this program to the construction industry. It said 32 civil engineers and allied professionals hurdled the first offering of the course - Suero, Erdsan Rene S.; Beatisula, Cary H.; Bonguyan, Sharon A.G.; Torrejon, Angel T.; Calamba Jr., Anacleto V.; Tecson, Roderick R.; Luy, Juliet T.; Fernandez, Hilario A.; Magno, Hector A.; Fernandez, John; Rizon, Francis R.; Miranda, Rosie B.; Naranjo, Belinda C.; Galila Jr., Felomino C.; Atencio, George Christopher; Esteban Jr., Felix M.; Paquibot, Amancio; Cobias, Mary Catherine; Sornito, Cesar; Pasaporte, Antonette; Malinao, Maribeth; Edullantes, Mae N.; Faunillan, Jafel C.; Alejandro, Roy J.; Ladio, Arnel M.; Balofiños, Zaldym M.; Aclaracion, Elmer L.; Villanueva, Roger Q.; Yana, Geraldin

G.; Taculin, Minerva C.; Rañosa, Glofero R.; and Gonzales, Cynthia. In another development, some 52 engineers, contractors and other professionals from various cities and provinces in Mindanao completed the 40-hour Construction Safety and Health Course for Site Safety Officers in Davao City. The 52 safety officers are Abear, Thomas Joseph P.; Abubakar, Jimtajul U.; Adlaon, Raiana Jay B.; Añober, Carlos C.; Antiga, Jessie M.; Arizabal, Mark T.; Armecin, Allan S.; Barreda, Delilah P.; Beray, Bernard B.; Buenaventura, Gil M.; Camay, Dudalin V.; Centillo, William L.; Cero, Erick I.; Chavez, Nelson B.; Dela Cruz Jr., Serafin D.; Farnazo, Ellen F.; Ferrer, Jose G.; Flores, Vergel S.; Galano, Rolito R.; Godoy, Cherly N.; Gumban Jr., Domingo J.; Gupeteo, Caesar A.; Jahaddin, Jupli N.; Jomoc, Maria Gemma S.; Juson, Dan B.; Legaspi, RS April A.; Madrio, Shahoney M.; Magdamo, Ryan April Z.; Mamogcat, Yasser T.; Mendoza, Dennis R.; Padilla, Christine B.; Panganiban, Rex C.; Paz, Lilie Marie L.; Peligro, Romeo L.; Peligro, Rodrigo L.; Pinzon, Victoria D.C.; Racoma, Maynard G.; Soco, Joni Joey R.; Suarez, Lady Edwillyn R.; Subaldo, Ariel; Sustiguer, Lawrence O.; Teker, Brando F.; Uy, Alfred Y.; Vanta, Enrico M.; Villaruz, Rudy B.; Villaver, Gerlyn P.; Zacaria, Ismael M.; Leoncio, Jenie Rose A.;

Nantes, Remigio Q.; Isales, Jessie G. and Kahulugan, Marybeb F. The course was also conducted by the local PICE chapter in joint coordination with the Department of Trade and Industry - Construction Manpower and Development Foundation. It is an accredited course by the Department of Labor and Employment – Bureau of Working Conditions, the lead government agency that ensures efficient adherence and monitoring of compliance with labor standards including occupational safety and health standards. Engr. Erdsan Rene S. Suero, President of PICEDavao City Chapter, said the organization will continuously advocate construction safety as it expands its various initiatives to members and construction industry players on the implementation and enforcement of construction safety practices in their respective workplace. “With the PICE’s partnership with the Construction Industry Authority of the Philippines – Philippine Domestic Construction Board, we would also be in the forefront of development as we engaged ourselves through PICE in the evaluation of constructors’ performance implementing government infrastructure projects,” Suero said in a statement sent to the regional newspaper Mindanao Examiner.

Oct. 15-21, 2012

The Mindanao Examiner

Oct. 15-21, 2012

The Mindanao Examiner

2012 FrameworkAgreement on the Bangsamoro The Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) herein referred to as the Parties to this Agreement, HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS: I. ESTABLISHMENT OF THE BANGSAMORO 1. The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political entity (NPE) referred to in the Decision Points of Principles as of April 2012. 2. The government of the Bangsamoro shall have a ministerial form. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws. 3. The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro. The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code. 4. The relationship of the Central Government with the Bangsamoro Government shall be asymmetric. 5. The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected. II. BASIC LAW 1. The Bangsamoro shall be governed by a Basic Law. 2. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties. 3. The Basic Law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance. 4. It shall be formulated by the Bangsamoro people and ratified by the qualified voters within its territory. III. POWERS 1. The Central Government will have reserved powers, the Bangsamoro Government shall have its exclusive powers, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government. The Annex on Power Sharing, which includes the principles on intergovernmental relations, shall form part of this Agreement and guide the drafting of the Basic Law. 2. The Central Government shall have powers on: a) Defense and external security b) Foreign policy c) Common market and global trade, provided that the power to enter into economic agreements already allowed under Republic Act No. 9054 shall be transferred to the Bangsamoro d) Coinage and monetary policy e) Citizenship and naturalization f) Postal service This list is without prejudice to additional powers that may be agreed upon by the Parties. 3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims. 4. The Bangsamoro Basic Law may provide for the power of the Bangsamoro Government to accredit halal-certifying bodies in the Bangsamoro. 5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes: a) The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts; b) Measures to improve the workings of local civil courts, when necessary; and c) Alternative dispute resolution systems. 6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution. IV. REVENUE GENERATION AND WEALTH SHARING 1. The parties agree that wealth creation (or revenue generation and sourcing) is important for the operation of the Bangsamoro. 2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy. 3. The Bangsamoro will have the authority to receive grants and donations from domestic and foreign sources, and block grants and subsidies from the Central Government. Subject to acceptable credit worthiness, it shall also have the authority to contract loans from domestic and foreign lending institutions, except foreign and domestic loans requiring sover-

eign guaranty, whether explicit or implicit, which would require the approval of the Central Government. 4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/ territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties. 5. The Bangsamoro may create its own auditing body and procedures for accountability over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs. 6. The details of revenue and wealth sharing arrangements between the Central Government and the Bangsamoro Government shall be agreed upon by the Parties. The Annex on Wealth Sharing shall form part of this Agreement. 7. There shall be an intergovernmental fiscal policy board composed of representatives of the Bangsamoro and the Central Government in order to address revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity. The Board shall meet at least once in six (6) months to determine necessary fiscal policy adjustments, subject to the principles of intergovernmental relations mutually agreed upon by both Parties. Once full fiscal autonomy has been achieved by the Bangsamoro then it may no longer be necessary to have a representative from the Central Government to sit in the Board. Fiscal autonomy shall mean generation and budgeting of the Bangsamoro’s own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or any donor. 6. The Bangsamoro Basic Law shall recognize the collective democratic rights of the constituents in the Bangsamoro. VI. BASIC RIGHTS 1. In addition to basic rights already enjoyed, the following rights of all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed: a. Right to life and to inviolability of one’s person and dignity; b. Right to freedom and expression of religion and beliefs; c. Right to privacy; d. Right to freedom of speech; e. Right to express political opinion and pursue democratically political aspiration; f. Right to seek constitutional change by peaceful and legitimate means; g. Right of women to meaningful political participation, and protection from all forms of violence; h. Right to freely choose one’s place of residence and the inviolability of the home; i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity; j. Right to establish cultural and religious associations; k. Right to freedom from religious, ethnic and sectarian harassment; and l. Right to redress of grievances and due process of law. 2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually. 3. Indigenous peoples’ rights shall be respected. 4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development. VII. TRANSITION AND IMPLEMENTATION 1. The Parties agree to the need for a transition period and the institution of transitional mechanisms. 2. The Parties agree to adopt and incorporate an Annex on Transitional Arrangements and Modalities, which forms a part of this Framework Agreement. 3. There shall be created a Transition Commission through an Executive Order and supported by Congressional Resolutions. 4. The functions of the Transition Commission are as follows: a. To work on the drafting of the Bangsamoro Basic Law with provisions consistent with all agreements entered and that may be entered into by the Parties; b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements; c. To coordinate whenever necessary development programs in Bangsamoro communities in conjunction with the MILF Bangsamoro Development Agency (BDA), the Bangsamoro Leadership and Management Institute (BLMI) and other agencies. 5. The Transition Commission shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight (8) members, including the Chairman, shall be selected by the MILF. 6. The Transition Commission will be independent from the ARMM and other government agencies. The GPH shall allocate funds and provide other resources for its effective operation. All other agencies of government shall support the Transition Commission in the performance of its tasks and responsibilities until it becomes functus oficio and cease to exist.

7. The draft Bangsamoro Basic Law submitted by the Transition Commission shall be certified as an urgent bill by the President. 8. Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished. 9. All devolved authorities shall be vested in the Bangsamoro Transition Authority during the interim period. The ministerial form and Cabinet system of government shall commence once the Bangsamoro Transition Authority is in place. The Bangsamoro Transition Authority may reorganize the bureaucracy into institutions of governance appropriate thereto. 10. The Bangsamoro Transition Authority shall ensure that the continued functioning of government in the area of autonomy is exercised pursuant to its mandate under the Basic Law. The Bangsamoro Transition Authority will be immediately replaced in 2016 upon the election and assumption of the members of the Bangsamoro legislative assembly and the formation of the Bangsamoro government. 11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements. 12. At the end of the transition period, the GPH and MILF Peace Negotiating Panels, together with the Malaysian Facilitator and the Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An ‘Exit Document’ officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented. 13. The Negotiating Panel of both Parties shall continue the negotiations until all issues are resolved and all agreements implemented. VIII. NORMALIZATION 1. The Parties agree that normalization is vital to the peace process. It is through normalization that communities can return to conditions where they can achieve their desired quality of life, which includes the pursuit of sustainable livelihoods and political participation within a peaceful deliberative society. 2. The aim of normalization is to ensure human security in the Bangsamoro. Normalization helps build a society that is committed to basic human rights, where individuals are free from fear of violence or crime and where long-held traditions and value continue to be honored. Human insecurity embraces a wide range of issues that would include violation of human and civil rights, social and political injustice and impunity. 3. As a matter of principle, it is essential that policing structure and arrangement are such that the police service is professional and free from partisan political control. The police system shall be civilian in character so that it is effective and efficient in law enforcement, fair and impartial as well as accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves. 4. An independent commission shall be organized by the Parties to recommend appropriate policing within the area. The commission shall be composed of representatives from the parties and may invite local and international experts on law enforcement to assist the commission in its work. 5. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use. 6. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro. The Parties agree to continue negotiations on the form, functions and relationship of the police force of the Bangsamoro taking into consideration the results of the independent review process mentioned in paragraph 4. 7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed. 8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups. 9. The details of the normalization process and timetables for decommissioning shall be in an Annex on Normalization and shall form part of this Agreement. 10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and povertystricken communities. 11. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process. For this purpose, a Trust Fund shall be established through which urgent support, recurrent and investment budget cost will be released with efficiency, transparency and accountability. The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women, children, and internally displaced persons. 12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations. IX. MISCELLANEOUS 1. This Agreement shall not be implemented unilaterally. 2. The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year. (Mindanao Examiner)

The Mindanao Examiner 8 Letter to the Editor: Zamboanga Tribal Leader Issues Official Statement After Death Of Son In Ambush

Timuay Locenio M. Manda Gonotan, Pigsalabukan Guhom de Bayog Chairman, Barangay Conacon, Bayog, Zamboanga del Sur “After the Death of my son, I call for justice, peace and unity in Bayog most especially within our ancestral domain.” (This is the authorized English translation of my statement originally drafted in the Visayan language.) Exactly a month after I and my son were ambushed by unknown gunmen on September 4, 2012, a murder and frustrated murder cases were filed in court and further investigation is going on to determine the mastermind and motive of the ambush. After the death of my son, I call for justice, peace and unity in Bayog most especially within our ancestral domain. I vow to continue my efforts for the recognition and respect of the rights of my Subanen tribe in spite the fact that this might block the interest of some groups who may want to eliminate me. Since the day of the ambush, this is my first written statement, aside from the two text messages that I sent to trusted friends where I expressed my sentiments after the ambush. The first text messages stated: “In my effort to assert our rights and to protect our people and ancestral domain, my beloved son was sacrificed. It is very painful and I thirst for justice.” The second text message was my answer to the message of condolences that I received from my friends which was:”I vow to continue my struggle in order not to make my son’s death in vain. I need your support in this most trying time of my life as a father and a leader.” A number of people asked questions by calling and texting me, but I only managed to answer a few questions because I was not yet ready to answer and give comments as I was at the peak of my anger and rage for the killing of my son. It was not even clear to me if they were media people or from whatever agency they came from. Few days after the ambush, I was informed that newspapers and online news (internet news) reported a statement purportedly coming from me. I would like to make it clear to everyone that I did not issue any official statement since the incident and I am wondering why some people volunteered to issue a statement on my behalf when in fact, I instructed nobody. I wonder more why the signature in the statement was exactly the same as mine. Since the ambush, I only signed three (3) documents. First, my statements taken by the investigators from the CIDG; second, my affidavit prepared by my lawyer; and third, the Barangay Certificate of the death of my son, where I was assisted (in making the certificate) by my former Barangay Administrator who is now working for a big mining company which entered in our ancestral domain without our consent. I have read the said statement and a number of wrong information were contained in the statement. Even the school where my son was studying is not correct. My son was studying at Bubuan Elementary School and not in Datagan Elementary School as stated in the statement. Even if I was frightened by the incident, it was very clear to me where my son attended school, and I would never say it incorrectly. The statement said that I am only against illegal mining. It is true that I am against all illegal activities, including mining. I believe that mining is illegal if it did not follow the process set by our laws. Our laws on mining and the Indigenous Peoples Rights Act (IPRA) clearly state that our consent as indigenous peoples is required in all projects that will affect us and our ancestral domains. So this means that all those who entered our ancestral territories without our consent are all illegal, even if they have sacks of papers to show that they are legal. I strongly oppose the entry of people and companies who want to exploit the natural resources in our ancestral territories who do not respect our traditional laws and processes. If because of this assertion I am viewed as an anti-mining leader, so be it. But I want to make it clear that the issue I am struggling for is not about mining, but our rights as Indigenous Peoples. My efforts, together with my fellow leaders are to protect our ancestral domains for our children like Jordan. It is just very sad that our children have to die because of these efforts. Aside from Jordan, a number of children are orphaned and are suffering because their fathers have died defending their rights. The ambush directed to me and my son is a blatant violation of our human rights and it created a very big damage to my family and the community. I ask all responsible agencies of the government to do everything they can to give justice to my son and to all victims of various crimes that occurred in Bayog. I call on PNP-CIDG to continue the investigation until all those who planned and who executed the ambush are arrested, tried and punished. I am appealing to the NCIP to help our community in resolving the conflict among tribal leaders to prevent further chaos, and to fast track the issuance of the title of our ancestral domain. In relation to this, I also ask the national government to provide NCIP an adequate budget so that it can fast track the processing of our certificate of ancestral domain title and once and for all

determine the rightful persons to decide on matters within the domain. Through this we can ensure the future of our children and avoid similar incident that killed Jordan. As long as conflicting claims remain, and as long as outsiders add up and fuel the conflict, more innocent children will suffer the same fate as Jordan. I am calling on the mining companies and the small scale miners to temporarily stop operating and withdraw your armed groups to give peace a chance in our community, to lessen the fear of our women and children because of your intimidating firearms, and so that conflict between tribal leaders inside our community will be resolved. My appeal to you does not necessarily mean that I oppose your mining activities but I am only asking some time so that we can process the titling of our ancestral domain until we are given the Certificate of Ancestral Domain Title (CADT), our Indigenous Political Structure (IPS) is confirmed, and our Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) is crafted. Whatever be our plan, I’m hoping that you will fully recognize and respect it. For hundreds of years the minerals remained beneath our ancestral lands and we did not touch them because we do not have the capacity to exploit them. We assure you that in the period that you will temporarily leave, the same minerals that you want to extract will still remain. It is not our culture to be greedy on things that come from Magbabaya (Almighty God) like the minerals. We can always share them according to our customs and according to the plan and process agreed by our tribe. If it is true that you have the legal papers, you should not worry if we call for a temporary stop or a moratorium of your mining operations. The tribal council of our ancestral domain and I believe that it is not only mining which will give us development. A major portion of our vast and fertile land is also suited for agriculture. Our forest is still wide enough and can be a source of livelihood. Our land is fertile for agriculture and agro-forestry only that we lack the appropriate technology. We need help to develop all these resources while at the same time conserving it and protecting our environment. I also appeal to you, my fellow Subanen who worked in mining companies, to respect the processes within our community and help explain to company owners and foreign investors on how to secure consent based on our culture and traditions. I also appeal to you to help resolve the conflict between the tribal leaders instead of taking only the side of the leaders who favour your intentions. Favoring them especially if they are the minority, only fuels additional conflict in our community. I call on the Mines and Geosciences Bureau (MGB) to seriously enforce mining laws and prevent entry of people and companies to our lands without securing our consent that adheres to the process set by the guidelines on Free and Prior Informed Consent (FPIC). I vigorously call on the MGB to seriously investigate the companies and groups of people who are conducting mining within our ancestral domain. I was informed that the Congress and the Senate have planned to conduct investigations about the ambush. I am happy about such moves, and I am asking that not only the mining issue shall be investigated, but other issues as well that happen inside our ancestral domain. We are the ones whose rights are violated, and whose lands are exploited, thus, we believe that we shall be the ones to be given importance in whatever investigations that will be conducted. I thank the LGU of the Municipality of Bayog, Zamboanga del Sur, and all other groups for extending support to me and my family. Lastly, I thank the local, national and international NGOs that strongly demanded justice for me, my son Jordan, and all other Indigenous Peoples who were victims of human rights violations. I also thank their continuing support to all our efforts, especially during the time that we grieve for the death of our beloved son. I greatly hope that your support will continue especially in my effort to seek justice and to have a peaceful solution to the crimes and human rights violations happening to me and my people. I also request all responsible agencies of the government like the Commission on Human Rights (CHR), the DILG and the DENR as well as concerned NGO’s that we will work together to solve the crimes and human rights violations that happened in the municipality of Bayog, most especially those that victimized my Subanen People. Above all, I cannot forget, and would like to thank, the Council of Pigsalabukan Guhom de Bayog for grieving with us and for helping us seek justice for the death of Jordan and the ambush directed to me. I am asking the NGOs to support the actions and plans of the Pigsalabukan Guhom de Bayog Council so that peace and development will find its way in our community. To affirm the veracity of this statement, I am affixing my signature and thumb-marks on this 4th day of October, 2012 at Conacon, Bayog, Zamboanga del Sur.

Oct.15-21, 2012

Switzerland, U.S. welcome PHL MILF peace pact MANILA – Switzerland and the United States welcomed the framework agreement between the Philippines and Moro Islamic Liberation Front rebels that paved the way for the creation of the Bangsamoro, a new autonomous political entity on Mindanao Island. Bern said it recognizes the important role played in this process by Malaysia as facilitator, the members of the International Contact Group, which comprises the Geneva based “Center for Humanitarian Dialogue,” as well as the members of the International Monitoring Team. “Switzerland is hopeful that the two parties will adhere to the provision of the Framework Agreement in view of the establishment of the Bangsamoro in the region of Mindanao,” the Federal Department of Foreign Affairs, said in a statement sent to the regional newspaper Mindanao Examiner. “Switzerland fur-

ther hopes that the conclusion of this agreement will contribute towards the resolution of other internal conflicts and positively influence the stability in the country,” it said. The United States on Sunday also praised the peace draft and vowed to continue supporting the Mindanao peace process. “We welcome the announcement by the Government of the Philippines and the Moro Islamic Liberation Front that the two sides finalized a framework peace agreement. While much work remains, successful implementation of this agreement would improve security, stability, and development for the people of Mindanao,” said Ambassador Harry Thomas, Jr. in a separate statement sent to the Mindanao Examiner. He said the Washington has long supported peace and stability in Mindanao. (Mindanao Examiner)

The Mindanao Examiner

Oct. 15-21, 2012

Poor Filipinos to get more government pension

Despite a recent attack by gunmen on a village in Sarangani’s Maitum town, the neighboring town of Glan celebrates its 98th Founding Anniversary in this photo released to the regional newspaper Mindanao Examiner by the Sarangani Information Office. (Photo by Jake Narte)

Security up in Sarangani COTABATO C I T Y – Military forces have tightened security in Sarangani province following an attack by gunmen that wounded one civilian, but the violence forced at least 120 people fleeing for safety, security officials said. Officials said the gunmen, led by Salindatu Binago, attacked the village of Ticulab in Sarangani’s Maitum

town. The motive of the a t t a c k w a s u n c l e a r, but the military said t h e t o w n ’s m a y o r Elsie Perret reported that previous a s s a u l t b y B i n a g o ’s group had killed a local politician, Freddie Macatin, his wife and brother-inlaw. The Philippine A r m y ’s 1 0 0 2 n d I n fantry Brigade headed by Col. Glorioso Miranda

tagged bandits as behind the latest attack and that troops are tracking down the gunmen, according to Capt. William Alfred Rodriguez, of the Public Affairs Office. Off i c i a l s d i d n o t say whether the attacks were connected to clan war or land conflict which is common in the southern Philippines. (Mindanao Examiner)

KIDAPAWAN CITY – The Philippine government said it would continue on with the antipoverty campaign Pantawid Pamilyang Pilipino Program to ensure that poor families across the country would benefit from it. Deputy Presidential Spokesperson Abigail Valte earlier said that the Aquino government will continue to aggressively pursue the campaign to address the needs of vulnerable sectors by expanding the coverage of the Pantawid Pamilyang Pilipino Program. Manila it is also continuing the implementation of the Social Pension for Indigent Senior Filipino Citizens, the Supplemental Feeding Program of the Department of Social Welfare and Development, and the Kapit-Bisig Laban sa KahirapanComprehensive and Integrated Delivery of Social Services. It said pursuing interagency convergence on

the part of DSWD, Department of Education, the Department of Health and the Department of Interior and Local Govern-

ment will ensure that household-beneficiaries avail of education and healthcare services. (Geonarri Solmerano)

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Oct. 15-21, 2012

SAY NO TO DIRTY COAL!

DAVAO CITY – Environmentalists and various community groups from at least 6 provinces in the southern Philippines have formed a group called Anti-COALition which aims to promote clean and renewable en- Southeast Asia. “Taking legal action to ergy in the country. The group also declared end the coal regime in its intention to explore legal Mindanao is a clear message options in the fight against from communities that they are dirty coal power projects in determined to stand up and Mindanao to protect not only defend their rights against the the environment, but also hu- oppressive Goliath that is the man health from the ill-effects coal industry. Clean, renewable energy sources are abundant in of pollution. The declaration came at Mindanao. Green investments the conclusion of a two-day from renewable energy techseminar and workshop on En- nologies are what the Departvironmental Law organized by ment of Energy should instead Greenpeace in partnership be developing in a massive with the Ateneo Public Inter- scale,” she added. She said communities are est Legal and Advocacy Center. Participants discussed laws the ones who are paying the protecting land and sea ecosys- price for the world’s dirtiest tems, indigenous people, and fossil fuel. Coal use endangers biodiversity as well as civil le- the well-being of families and gal procedures that can be used the environment. She said in every place where coal is in environmental cases. “The seminar on Envi- mined and used to generate ronmental Law made us more power, communities suffer enaware of our basic rights to vironmental damage and demand that the state protect health problems. Burning coal also accelerits citizens from environmental harm and degradation,” ates climate change whose exsaid Julad Suazo, a community treme weather impacts have already cost the country thouleader from Davao City. She said there are at least sands of lives and billions of 10 coal-fired power plants in pesos in losses, Abad said. Mindanao is the “new operation throughout the country, but the Department of En- frontier” for dirty coal power ergy wanted to add 12 more of projects for a total output of the fossil-fuel plants within the 1,550 megawatts in Davao, next four years to augment Davao del Sur, Misamis Orielectricity supply despite mas- ental, General Santos, sive protests from various en- Saranggani, and Zamboanga. Emissions from coal vironmentalist groups. Suazo said coal-fired plants are a primary source of power plants will further lock air pollution: they contain a the Philippines in to dirty and lethal mix of sulphur dioxide, polluting fossil-fuel over the which causes acid rain; the greenhouse gas nitrogen oxide; next four decades. “Everywhere around the and heavy metals like mercury world, coal power plants vic- and arsenic, as well as lead and timize communities. They cre- chromium. Coal is also a leading ate health problems for people living around the facility, and cause of global climate change damage their environment and - the extreme weather impacts their livelihoods,” said Anna of which have already cost the Abad, Climate and Energy Philippines thousands of lives Campaigner for Greenpeace and billions of pesos in losses.

ARMM

Communities are opposing coal-fired power plants in Mindanao during an Energy Summit in Davao City. Greenpeace is pushing for renewable energy as a solutions for the region, instead of anchoring the island’s energy future on dirty coal power. (Photo by Keith Bacongco) In Davao City, the construction of coal-fired power plants in the village of Dumoy is threatening to displace thousands of families and would diminish Dumoy aquifer’s capacity to supply water for drinking and other domestic needs to some 1.4 million inhabitants. In Saranggani province, a coal-fired power plant is also currently being constructed near a marine sanctuary and environmentalists said it will damage the surrounding ecosystem and endanger the livelihoods of local fishermen. “We have tried all possible means to stop the coalfired power project from pushing through but no one is listening. Now more than ever, we are more united and firm

Northern Mindanao

Davao

in our opposition to any energy development plan that prioritizes coal corporations, over the well-being of present and future generations of Filipinos,” Suazo said. In August, community representatives from at least 16 provinces in the country called on the government to abandon coal energy expansion and instead ensure the country’s sustainable development with a future powered by clean, peaceful, renewable energy. They also publicly denounced the government’s coal projects through a manifesto signed during the National Anti-Coal Summit organized by Greenpeace. Anti-coal communities have been actively waging their own battles against coal power companies and with

Manila

their local governments to demand for the closure and cancellation of coal power plants in their respective areas. Communities hosting coal-fired power plants would be living under the shadow of life-threatening toxic emissions, destroyed livelihoods and greater water scarcity. Von Hernandez, Executive Director of Greenpeace Southeast Asia, said solutions are available to reduce dependence on polluting, dirty and deadly coal energy. He said the government must prioritize and support green investments which will help put the country on a low-carbon growth pathway, instead of pursuing investments which are harmful to society, peace and order, and the environment.

This way, further human and societal damage, as well as ecological degradation and devastating climate change impacts, can be avoided, he said. Environmentalists signed the “People's Declaration Against Coal and In Support of Clean Renewable Energy,” which demanded the Department of Energy take immediate action to protect the wellbeing of communities by immediately cancelling all new coal power and coal mining projects and phasing out existing coal facilities; implementing and enforcing the Renewable Energy Law; and increasing the country’s renewable energy targets to facilitate a massive uptake of clean sustainable energy in the Philippines. (Mindanao Examiner)

Zamboanga Peninsula