Gov’t admits seeking changes in FAB annex

From the Daily Tribune (Jun 15): Gov’t admits seeking changes in FAB annex

CHIEF NEGOTIATOR SAYS NOY REVISING WEALTH-SHARING DRAFT

The government panel negotiating with the Moro Islamic Liberation Front (MILF) for the creation of a Bangsamoro substate admitted that changes will be introduced in the wealth-sharing annex of the Framework Agreement on the Bangsamoro (FAB) that was already completed and signed.

The MILF had complained that the change of heart of the government on the annex had delayed the peace negotiations and at the same time warned that militant members of the rebel group are growing impatient over the pace of the negotiations.

The government panel’s chief negotiator Miriam Coronel-Ferrer said a draft for the wealth-sharing annex had indeed been completed by the technical working groups of both the government and the MILF.

She said, however, “prudence on the part of government requires that it undergoes a final review before the President gives his final stamp of approval.”

Ferrer mentioned the government’s wish “to introduce some changes to the draft annex, particularly with regard to some aspects of taxation, fund transfer mechanisms, and revenue sharing.”

In an editorial in its Web site luwaran.com, the MILF said “the delay in the peace talks is causing more harm to the government. The frequent changes, virtually attitudinal, in positions of government in the negotiating table is not only angering the MILF but also irking the international community.”

It added “the much respected daang matuwid (straight path) policy of the Aquino administration is already doubted seriously.”

“If this will not be arrested, the consequence would be very damaging. Credibility is one commodity that is hard to earn but so easily to lose,” it said.

Ferrer said the negotiations on the stalled FAB wealth-sharing annex will resume soon in Malaysia.

“This exchange of notes has already commenced and through this process, we hope to come as close as possible to agreed language and return to Kuala Lumpur to be able to finalize the annexes on power and wealth-sharing very soon,” Ferrer said.

MILF vice chairman Ghadzali Jaafar had expressed disgust over the delays in the negotiations on the FAB annexes.

Jaafar warned that ground commanders of the MILF are becoming impatient.
Presidential deputy spokesman Abigail Valte said the Aquino administration is still taking a positive view on the peace agreement with the MILF.

“Hopefully, those remaining concerns will be addressed. Like what the President had said there were some complex issues on the annexes that need more discussions. And I understand that the panels of both sides have been doing just that. So hopefully, we will find resolution on the remaining issues,” Valte said.

”I understand that while there has no formal talks, the (OPAPP) coordination continues on their counterparts, and we’ll just ask them to give any specifics that may be necessary for public consumption on this,” Valte added.

Ferrer said the negotiation had reached the point of the most crucial issues of the FAB.
”it is to be expected that finding agreement on details (of the FAB annexes) has been more difficult and complex,” she said.

She said on the power-sharing annex, three classes of sharing of powers were identified between the central government and the Bangsamoro regional government which are “reserved” powers or matters over which competencies are fully retained by the central government; “concurrent” powers or aspects of jurisdiction subject to the shared or joint authorities of the central and regional governments; and “exclusive” powers or competencies that are to be devolved to the Bangsamoro.”

Ferrer said some of the reserved powers were already identified which are defense and external security; foreign policy; common market and global trade provided that the power to enter into economic agreements already allowed under Republic Act 9054 shall be transferred to the Bangsamoro; coinage and monetary policy; citizenship and naturalization, and postal service.

”This leaves the other aspects of governance, which runs along a wide gamut of governance functions, for negotiation,” she added.

“Finding the language for this that will not only give life to the intention of the parties, but also be legally defensible and doable, which is politically and administratively feasible, is not a simple task,” she added.

“Learning from the experience of Autonomous Region in Muslim Mindanao, government deems it important that these criteria are met,” Ferrer said.

Coronel-Ferrer said the government is currently undertaking technical consultations with the departments and line agencies to make sure that the details contained in the drafts are feasible, not only in legal but also in practical terms.

“For instance, one of the remaining issues in the power-sharing annex has to do with jurisdiction over transportation and communication,” she added.

“Given the need to comply with prevailing international standards and our obligations under international law, any sharing of jurisdiction in this regard will have both legal and international implications that need to be carefully studied,” Ferrer said.

Ferrer said an exact date when to end the peace negotiation cannot be reckoned until the formal conclusions of the FAB.

“The President and his entire cabinet is giving the peace negotiations the attention it needs and deserves to ensure that a comprehensive agreement, one that will give us the best shot for a just and enduring peace in Mindanao, is reached at the soonest possible time,” she said.

“The Government Panel is just as anxious to find workable solutions to these contentious issues and is working diligently and with urgency towards this end.

Government is fully aware that time is of the essence and does not wish to pass the buck to the next administration to implement the agreement,” Ferrer said.

Ferrer claimed that even without the conduct of formal meetings, the peace process continues to move forward.

Ferrer added the Transition Commission (TC) prior to the creation of the substate had met several times and was able to approve its internal rules of procedure as well as set-up working committees to draft the Basic Law.

“Government hopes that even without the annexes, the TC can soon start discussion on the substantive provisions of the Framework Agreement that will need to find language in the Bangsamoro Basic Law. An example of items that the TC will need to further develop is the provision on the Bangsamoro Government being ministerial in form,” Ferrer said.

“With respect to our agreements on cessation of hostilities, the ceasefire continues to hold well and in fact, no armed skirmishes were recorded for the year 2012. This is testament to the good working relationship between the Government and MILF through the coordinative mechanisms overseeing the implementation of the ceasefire,” Ferrer said.

Ferrer said both panels are also taking the time to continue consultations with stakeholders and their respective constituencies.

“On the part of the government panel, these include engagements with government agencies not only for legal and technical concerns relating to the drafts but also to consolidate support for the implementation of the comprehensive agreement and the prospective Bangsamoro Basic Law,” Ferrer said.

http://www.tribune.net.ph/index.php/headlines/item/15452-gov-t-admits-seeking-changes-in-fab-annex