0 Thai - BRN talks Aim to Curb Violence for Fasting Month

The Associated Press

Thai government and Patani Malay Muslim separatist negotiators said Thursday in KUALA LUMPUR, Malaysia Capital-they hope to curb violence in insurgency-wracked southern provinces during the upcoming Muslim fasting month(Ramaghan).

The two sides issued a statement after holding a round of peace talks in Malaysia seeking an "expression of sincerity, goodwill and trust" during the Islamic holy month of Ramadan that begins in July.

A Patani Malay Islamic insurgency that erupted(Ltest) in 2004 has killed more than 5,000 people in Thailand's three southernmost, Muslim-dominated provinces. Attacks occur almost daily despite the start of peace talks this year.

The militants mainly target security forces and teachers, who are perceived as representatives of the government of predominantly Buddhist Thailand.

Terms and conditions for ensuring peace during Ramadan will be made public as soon as possible, according to the joint statement released after the one-day talks in Kuala Lumpur.

"When we commit to peace, we must trust each other. This is the first step," Nipat Thonglek, a senior member of the Thai government negotiating team, told reporters.

It is unclear whether the rebel representatives involved in the talks would be able to completely eliminate violence, as the insurgency is thought to be highly decentralized, with local units free to choose targets and campaigns.

Rebel negotiators plan next to provide Thai authorities with detailed explanations of their five preliminary demands, including allowing other Southeast Asian countries and the Organization of the Islamic Conference to observe the peace talks.

Subsequent meetings will be held after Ramadan, according to the statement.

Read more here: http://www.sacbee.com/2013/06/13/5494071/thai-talks-aim-to-curb-violence.html#storylink=cpy

[Read More...]

0 4th Year Ai-Payae Tragic Killing

Four years ago on this day (June 8, 2009 ) at  Ai-payae Village,  Juab Sub-District, Joh-i-rong district, Narathiwat province, a group of gunmen arrived unidentified and unannounced in a pick-up truck in front of the Al Furqon mosque and opened fire indiscriminately into it with automatic rifles.  After the gunshots died down, 10 Patani Muslim  Prayers in the mosque-were found dead and 12 others injured.

          The inhuman brutal attack, known among the Patani Malay Muslims in the far South as the Al Furqon incident, was regarded as the worst ever taken place in the restive region for the past six years with its repercussions being felt by Muslims the world over.

          After a year, it appears that there wa not much progress about the case.  Two suspects have so far been sought by the police, but only one of them, Mr Sutthirak Kongsuwan, former government armed pesonel turned himself in Bangkok to face the charges.  He denied the charges however. This was the usual phenomena when the alleged Buddhists were accused, they will surrendered to reduce the tension from the victims relative or the human right workers , he was later bailed because he was Buddhist if he’s not, surely he will not release on bail as because his case was a security case. During the early days in the aftermath of the deadly attack, the Ban Aipayae village was crowded with curious visitors who came from different places to take a look and inquire the information about the incident, together  they will also comfort the family of the victims who was attacked in the mosque.  Many cars and pickup trucks were seen lining the road in front of the mosque for several kilometers long. But four years later on this day, the road is mostly empty with a few cars passing through the mosque once in a while.  As for the mosque itself, no traces of the gun attack are visible from the outside of the premise which was already repaired and repainted with financial support from the Thai state. After the initial shock and fear four years ago, normalcy has returned to Aipayae village as most villagers are going about their lives as usual.

   

         Mr Kordae Yapa, the imam of the Al Furagon mosque, said that the situation had improved in a better way and some villagers no longer talk and probably forget about the tragic incident. Even though, recently the Thai government had paid the amount of  4 million Thai Baht for each dead as a compensation in the  incident, still the government has to do many things  to gain the sympathy from the Patani Malay people, especially about the gun men who sprayed the bullet into the mosque.

However,  most villagers still talk about the case while few villagers have resigned to the fact that they would have to leave it to the police to pursue the case. As for the tragedy four years ago, some of them admitted that they didn’t want to mention it ever again and also didn’t want to hear about it either as it would hurt a lot, but many of Ai-payae, nearby villagers and Patani Malay people  still remember the incident well in their mind and pleaded to the concerned conflict parties not to attack the innocent people and the Furqon Mosque killing must forever living in every one mind in order to make sure that the same kind of killing will not happen again in the future.

List of dead persons in furqon mosque

1. MR. MASORY LATEH BURLENG, ASSIST. HEAD VILLAGE NO. 8 OF JUAB DISTRICT
2. MR  YASAREE BAREH
3. MR.  MADSALAEMAE MASENG
4. MR.  ROYAK ARWAE
5. MR.  WAEDOLAH KUKAEMA, IMAM OF FURQON MOSUE

6. MR.  KASENG DEURAMAE
7. MR.  AHAMAD DURAMAT
8. MR.  MASOLEH LEUYOSENG
9  MR.  MAYUSOH MAHAHALEH
10 MR. WANSAMAN  ARWAEKACHI 

[Read More...]

0 Asean's Minority Muslim Communities : Autonomy Not Independence

Muslims minority communities in Asean countries that are struggling for greater rights should not seek independence but rather meaningful autonomy, said Prime Minister Datuk Seri Najib Tun Razak  in Kualalumpur.

He said that Muslim communities in countries such as Thailand,  the Philippines, and Myanmar must be made to understand that they must live under their current national governments and do their part to contribute towards their respective country's moral and social well being."They must forget the idea of an independent Muslim state as it is not realistic”.

"There should be meaningful autonomy, not independence," he said in his keynote address when officiating the International Symposium "Islam and the New Era of Asean Countries" here Tuesday. He said such communities should be granted autonomy and protection with regard to their religious, linguistic and cultural identities while their socio-economic opportunities must be enhanced.

"Muslims must also understand their responsibilities towards non-Muslims.

"There must be a peaceful coalition as this will bring about socio-economic development," he added.

Najib reiterated Malaysia's commitment towards promoting a peaceful resolution in restive areas in the region.

"It is Malaysia's honour and privilege to help broker the signing of the Framework Agreement between the Philippines' government and the Moro Islamic Liberation Front (MILF).

"We are also assisting the Thai government in stabilising security and improving the socio-economic development through bilateral cooperation," he said.  However, he acknowledged that Malaysia played only a mediatory role in the peace process and would not interfere in the internal affairs of the respective national governments.

Earlier this year, the Thai government approached Malaysia to host peace talks with rebel groups in restive Southern Thailand, resulting in the signing of the General Consensus Document to pave the way for a dialogue process for peace in the provinces. and in the last October, Malaysia helped broker a milestone peace deal between the MILF and the Philippines' government, ending one of Asia's longest secessionist rebellions which began in 1969, and aiding the establishment of the Bangsamoro autonomous region in southern Philippines.

[Read More...]

0 Bomb Blast in Bankok: Link to Southern Insurgency?

Police were trying Monday to establish the motive behind Sunday's bomb attack in the Ramkhamhaeng area that wounded seven people.

City police chief Khamronwit Thoopkrachang said the blast could have been triggered by a business dispute or could have been an attempt to incite chaos.

However, the national police spokesman said investigators were still looking at all motives including a possible link to unrest in the far South.

"The bomb was not meant to take lives," Pol Lt Gen Khamronwit said.

"It probably wasn't linked to the southern violence."

Police have identified two possible motives, he said. "The bomb was either the result of a business conflict or an element wanting to cause trouble."

The Sunday night blast wounded seven people when it ripped through a crowded market in Bangkok's Ramkhamhaeng area near Soi Ramkhamhaeng 43/1.

Pol Lt Gen Khamronwit said police questioned City Hall officials and city inspectors about business conflicts in the area. They discovered some useful information, he said.

"We are looking to interview some people with business interests in the area," he said.

The city police chief ordered a 24-hour security beef-up at various locations across the city: Government House, parliament, the Constitution Court, the prime minister's residence, Victory Monument, Ratchaprasong intersection, department stores, the Privy Council, and the residences of the Privy Council president and senior diplomats.

Royal Thai Police spokesman Pol Maj Gen Piya Uthayo said the Metropolitan Police Bureau has been ordered to set up a panel to probe the attack.

The Hua Mak police station and Metropolitan Police Division 4 would assist with the case, he said.

Forensic evidence suggests a business conflict led to the attack, Pol Maj Gen Piya said.

However, other possible motives have not been ruled out. He said the blast could be related to southern unrest or politics.

Police had no suspects yet, he said.

A Myanmar man who was taken into custody at the scene shortly after the blast was released after being questioned.

Pol Maj Gen Piya said footage from surveillance cameras in front of Bangkok Bank and other locations in the area would provide more clues.

Police will review older cases to hunt for any connections and the case should be concluded in a week, he said.

Picture from Nation Newspaper

The explosion has drawn concerns from national police chief Gen Adul Saengsingkaew.

"We are asking for seven days to solve the case," Pol Maj Gen Piya said.

The Crime Suppression Division (CSD) had combed the explosion site and suspected the bomb was likely politically motivated, a CSD source said.

The device was planted between a telephone booth and a power pylon in a manner that suggested it was aimed at causing damage rather than hurting people, the source said.

The bomb must have been planted before 6pm and set to go off two hours later, the source said.

The timing would help investigators narrow down the targets and give more clues about the motive.

He said the bomb attack appeared to be an attempt to instigate a commotion and did not seem to fit with a business conflict.

The source said the southern insurgency does not appear to be linked because the bomb was different to the devices used by militants in the far South.

Bombs used by southern insurgents are usually detonated by mobile phone and scatter steel ball bearings as shrapnel, he said. The Bangkok bomb was made with gunpowder and nails and was detonated with a timer.

Pol Col Narongrit Promsawat, superintendent of Hua Mak station, confirmed that no suspects have been detained so far.

Three of the people injured in the blast remain in hospital.

Panumet Sornsaeng, the manager of a beauty salon damaged in the explosion, Monday gave a statement to police at Hua Mak station.

He said the salon business has not led to any conflicts with anyone.

"We've been open for 20 years," he said. "The roadside stalls outside are supervised by City Hall's inspectors. We are not involved in any rentals."

Director of the National Intelligence Agency Suwapan Tanyuwattana dismissed any connection between the blast and the southern insurgency.

Government spokesman Teerat Ratanasevi said Prime Minister Yingluck Shinawatra has ordered a security beef-up.

Police seek motive for city blast : City police downplay link to South insurgency

From Bangkok Post : 28 May 2013 at 00.39 

[Read More...]

0 The BRN Five Ponts Demand for Peace Settlement in Patani Conflict

The Barisan Revolusi Nasional Melayu Patani(BRN) has made public with five demands for a peaceful settlement to the conflict in Patani( the deep South) through its official channel on YouTube for 3 minutes 45 seconds on 28 February 2013 and  said it will continue fighting until a goal  is reached.

The first statement made by Hasan Tayyib,  BRN chief negotiator talking about the establishment, objectives and goals of the BRN  followed by   Mr. Abdulkarim Khalib,  a staff delegation of BRN since March 28 dialogue between Thailand and BRN in the Kualumpur, Malaysia capital. A second round of talks is to begin on Monday 29 of March 2013 also held in Kualumpur, Malaysian capital.

The following  is  Mr. Khalib five-points demand:-

1) The "Siamese(Thai) government" must accept the role of the Malaysian government as “mediator” of the peace talks and not just as a "facilitator".

2) The peace talks will be attended by only the Melayus led by BRN, and the authorities of the Siamese(Thai) government. ("Melayu" is the self-description of the BRN, used only for Thais of Malay origin in the deep South. It is one key to negotiations.)

3) Representatives of Asean members, members of the Organization of the Islamic Conference (OIC) and other non-governmental organizations should be allowed to observe the discussions.

4) The Siamese authorities must release all detained suspects without conditions, and must suspend and stop issuing additional arrest warrants for other suspects.

5) The BRN’s status must be recognized as a Patani liberation movement, not an insurgency group.

Mr. Abdulkarim Khalib has also concluded that the struggle of the BRN can lead to peace and justice, to the establishment of a state, if God willing.

Beside this five points demand, Hassan Tayyib has assured peace and justice in the Patani land to all of their people,  whether  they are Malayu, Siamese (Thai Buddhists)  or the Chinese if the negotiation reach it goals.

Lt Gen Paradorn, the Thai chief negotiator said he could not say immediately whether the conditions are acceptable. He will discuss the statement on Monday at the talks with Mr Tayyib and his group.

Lt Gen Paradorn due to leave for Malaysia Sunday afternoon with members of the negotiating team as follow:- deputy permanent secretary for defence Gen Nipat Thonglek, secretary general of the Southern Border Provinces Administration Centre Pol Col Thawee Sodsong, special advisor to the office of permanent secretary for defence Gen Samret Srirai, chief of the Special Branch Police Pol Lt Gen Sarithchai Anekwiang, a representative of the Internal Security Operations Command Maj Gen Nakrop Boonbuathong, Narathiwat governor Apinan Suetanuwong, director of the Deep South Watch Centre Srisompop Chitpiromsrim and Army Region 4 chief of staff Maj Gen Charin Amornkaew

[Read More...]

0 Malays in Sri Lanka

Mastan, a Malay trader

Sri Lanka, hailed as the pearl of the Indian Ocean, is in the throes of a long drawn out ethnic conflict between the majority Sinhalese population and the minority Tamils who form nearly 70 per cent and 20 per cent respectively of the population.

However, the island nation does not belong to only these communities as highlighted in the international press coverage. The island is blessed with an interesting cultural mosaic that has enriched its history and civilization in the past.

Known in the ancient times to the Arabs as the Serendib, and Taprobane for the Greeks, the mango-shaped island of some 25,000 square miles of natural beauty has been a home for a mosaic of several ethnic minorities.

A leading elite Malay family of Sri Lanka,  Hon. M.K. Saldin, the first Malay Legislative Councillor, (Centre his children and sons-in-laws).

Some are indigenous people like the Veddas, others were lured to the island by trade like the Arab-Moors, while some others such as Chetties Borahs and Memons settled during the colonial period beginning from the 16th century.

Not the least interesting of these is the Malay community, now totalling about 80,000 people out of a total population of about 18 million. This article deals with this colourful community, especially the cultural contributions of the Malays to both Sri Lanka and the larger Malay-speaking world. Read More

[Read More...]

0 Jawi alphabet

Jawi (Jawi: جاوي‎ Jāwī; Patani:Jawi; Acehnese: Jawoë) is an Arabic alphabet for writing the Malay language, Acehnese, Banjarese,Minangkabau, Tausug and several other languages in Southeast Asia.

Jawi is one of the two official scripts in Brunei, and is used as an alternate script in Malaysia. Usage wise, it was the standard script for the Malay language but has since been replaced by a Latin alphabet called Rumi, and Jawi has since been relegated to a script used for religious and cultural purposes. Day-to-day usage of Jawi is maintained in more conservative Malay-populated areas such as Patani in Thailand andKelantan in Malaysia and used by some of the locals of the Muslim population regions of the southern Philippines.^[1] 

^{READ MORE AT  : http://en.wikipedia.org/wiki/Jawi_alphabet}
                                 : South east Asia digital library

[Read More...]

0 Peace Talks: Patani-Thailand

The historic signed paper between  BRN and  THAI government in Kualalumpur

Thailand's national security chief says the country is working to hold peace talks with Muslim insurgents based in neighboring Malaysia who are behind the new phase of unrest in southern Thailand started on January 4, 2004 that has lasted nearly a decade and more than 5,000 people have been killed in Thailand's three southernmost provinces.

"This is the first step. The start of a peace dialogue with representatives from Muslim rebel groups," Paradorn Pattanathabutr, secretary-general of the National Security Council (NSC), told Reuters by phone from Kuala Lumpur.

In the midst of  hope for peace, there's  two car bombs exploded in front of Police station in the heart of the city of Narathiwat on    March 1, 2013 and  2  bombs  exploded in the heart of Yala city  killed 2  and seriously    injured  12  Thai soldiers on March 2, 2013 respectively.

The general situation in the border provinces after the agreement signed between the representative of Thailand and the representative of BRN-the Movement for independence of Patani on February 28, 2013 become tense which bring the question of 'real or fake representatives from the side of BRN'  amongst  the Malay people of  Patani and  Thai people all over the country.

[Read More...]

0 PEACE TALKS

Secretary-General of Thailand's National Security Council, Paradorn Pattanathabutr, seated left, and chief of Thailand's National Revolution Front (BRN) liaison office in Malaysia, Hassan Taib (seated right), attend the signing ceremony of the general consensus document to launch a dialogue process for peace in the southern border provinces of Thailand, in Kuala Lumpur on Thursday.

Government of Thailand has  signed a breakthrough deal with Malay Muslim of Patani freedom movement group  for the first time ever in the history  on Thursday 28 of  February  2013, agreeing to hold talks to end nearly a decade of  new phase of violence in the southern provinces of the  country  which killed more than 5,000 people. The agreement was announced in the city  of Kuala Lumpur,  between Thai authorities and the National Revolution Front- Patani freedom fighter group’s representative, known by its Malay-language initials, BRN. It is seen as a positive step, but is unlikely to immediately end the conflict because several other strong shadowy guerrilla movements also fighting in southern Thailand have yet to agree to talk.

The  agreement signed both by the  representative  of BRN and Thailand National Security Council (NSC) secretary-general Paradorn Pattanatabutr which does not clarify the details was doubted and surprised by Thai public at large, majority of them do not agree with what the government is  trying  to fulfill , they believed that the government is raising the issue to international standard and facing the risk of losing a piece of land to the separatists while the Muslim Malay of Patani in 3 southern border provinces  and 4 districts of songkhla  are doubted in the sincerity of the Thai government in the talks.    A few of Academic persons and NGOs working on peace and justice praising the bold step taken by the Prime Minister of Thailand,  Miss Yingluck Shinawatra. The following are some of the opinion on the issue:-

Najib described the signing as "merely the starting point of a long process" because many issues have to be resolved, but added that it was a "solid demonstration of the common resolve to find and establish an enduring peace in southern Thailand."

"God-willing, we'll do our best to solve the problem. We will tell our people to work together," Hassan Taib, a Malaysian-based senior representative of the BRN, said after a brief signing ceremony with Lt. Gen. Paradorn Pattanathabutr, secretary general of Thailand's National Security Council

Yingluck said talks would be conducted "within the framework of the constitution" of Thailand to address the root causes of the unrest.

"I have to say we are seeing a better direction in solving the problem, and I consider it a good start," Yinguick said after meeting with Najib. "We need to move forward as soon as possible."

Sunai Phasuk, senior researcher on Thailand in Human Rights Watch's Asia division said  to Prachathai.com that  for the first time Thai government accepted the existence of BRN as one of the leading separatist group (fighting  for Independence of Patani) publicly and officially  and willing to enter the process of talk, he also praised Miss Yingluck Shinawatra on her brave decision on the issue.

The Flag of Barisan Revolusi Nasional (BRN) formed around 1960,

"This is a welcome development," said Srisompob Jitpiromsri, a political scientist at Prince of Songkla University in Thailand. "Not only that it is the first time the Thai government recognized the status of a separatist group, but also the process has included Malaysia as the facilitator of the talks, which will likely draw more participants in the peace process."

Democrat Party leader Abhisit Vejjajiv said the government should exercise extreme caution before it enters into a formal agreement with any party.

"What is the role of Malaysia in this agreement? The government should be very careful because this is a very sensitive issue," Mr Abhisit said.

Fourth Army Area chief Lt-General Udomchai Thammasarorach said  This agreement is the government decision, the army had no any concern with it but open the channel for talk and welcome the separatist for  surrender if possible

National Security Council (NSC) secretary-general Paradorn Pattanatabutr said the BRN is a group that Malaysia believes operates in the deep South."It's another attempt by the government to tackle the unrest. It does not mean the peace agreement will end the ongoing violence."

[Read More...]

0 FRAMEWORK AGREEMENT ON THE BANGSAMORO

(CLICK FOR THAI VERSION)

On October 7, 2012, the Government of Philippines and the Moro Islamic Liberation Front released the Framework of Agreement on the Bangsamoro, which will pave the way for the establishment of the new autonomous political entity, the Bangsamoro, to replace the Autonomous Region in Muslim Mindanao. The agreement was signed on the afternoon of October 15, 2012, in ceremonies held in Malacañan Palace, witnessed by President Benigno S. Aquino III, Malaysian Prime Minister Dato’ Sri Mohd Najib Bin Tun Haji Abdul Razak, and other dignitaries.  Here under are the detail of  this frame work  Agreement :-

JOINT GPH-MILF DRAFT

In the Name of God, the Beneficent, the Merciful

FRAMEWORK AGREEMENT 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 sovereign 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.
8. The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives.
V. TERRITORY
1. The core territory of the Bangsamoro shall be composed of:
(a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.
2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitory Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.
3. Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.
4. The disposition of internal and territorial waters shall be referred to in the Annexes on Wealth and Power Sharing.
5. Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain and the atmospheric space above it. Governance shall be as agreed upon by the parties in this agreement and in the sections on wealth and power sharing.
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 poverty-stricken 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.

[Read More...]