'FULL AUTONOMY.' The Moro Islamic Liberation Front negotiating panel during a short break in the talks. Photo by OPAPP
KUALA LUMPUR, Malaysia – After holding the longest round of talks between the Aquino government and rebel group Moro Islamic Liberation Front (MILF), the parties ended the 40th phase of talks here on Friday, September 20, without signing a deal on power-sharing and normalization.
Both sides had high hopes all pending issues would be resolved this round. But proposed changes to the annex – both from the government and the MILF – extended discussions, described to be "generally constructive" during this round.
The
negotiations are now down to the final details of power-sharing, considered the
"heart" of the negotiations, and normalization, the "most
sensitive and emotional" aspect of it and which includes decommissioning
of arms.
"One
of the most important things that happened is that we were able to understand
each other's perspective and hopefully in the next round of talks it will be
easier for both parties to settle the annexes," MILF chief negotiator
Mohagher Iqbal said.
As this
round of negotiations wrapped up, the violence in Zamboanga City – launched by a faction of
MILF's rival group Moro National Liberation Front on the day the talks were
scheduled to resume – had waned.
Did the
Zamboanga siege have a direct impact to the negotiating table? Both sides have
repeatedly said the incident should not derail the talks.
"I
don't think that affects the negotiations between the MILF and the
government," Iqbal said. "On the contrary, I would say that it even
give more strength to the parties, that there is a problem going on. It gives
the parties more reason to really push the process forward."
The
panels could not finish due to the sheer amount of issues that still needed to
be resolved and consulted with their respective principals, Iqbal said.
Race against time
It's
been almost a year since the Framework Agreement on the Bangsamoro, which set hopes up
for lasting peace in Mindanao , was signed.
The
government and the MILF envision the transition from the Autonomous Region in
Muslim Mindanao to the Bangsamoro political entity to be completed by 2016,
before the end of the Aquino administration.
The
longer they fail to resolve the issues, the more constricted the Bangsamoro
peace process' 2016 timeline becomes.
With
less than 3 years left in the roadmap, both sides are aware they are on a race
against time.
"That's
what we both have to weigh," government peace panel chair Miriam Coronel
Ferrer earlier said. "Do we want a perfect agreement that will not get you
to 2016? Or you have to take leaps of faith and keep the trust and really,
really go full blast in implementation? These are the questions that are I'm
sure at the back of their minds and also in our minds."
It's
better to be meticulous about the contents of the annex that will set the
political structure for the future Bangsamoro government than leave it to the
Basic Law, said Undersecretary for Political Affairs Chito Gascon, an alternate
panel member.
"It's
better to have no gray areas," Gascon said. "The work of the
Transition Commission will also be expedited."
Although
all set to start work, the Transition Commission, the body tasked to craft the
Bangsamoro Basic Law, can only go full blast once the final peace agreement is
completed.
After
the basic law is crafted, it will then be deliberated in Congress. Aquino wants
the law to be passed before the end of 2014.
Once
the law hurdles Congress, the Bangsamoro Transition Authority will take over
until the 2016 elections. The MILF and the government will only sign the final
exit agreement once the new Bangsamoro government has been installed.
'Balancing act'
Shortly
after Aquino's historic meeting with MILF chairman Al Haj Murad Ebrahim in Japan in 2011,
the MILF dropped their bid for independence, pushing instead for "full
autonomy."
The
MILF wants to include "all their aspirations" in the power-sharing
annex, Ferrer said.
In this
round for instance, Gascon said the MILF proposed to include more details about
the "ministerial form of government," which was the structure agreed
upon in the Framework Agreement.
Meanwhile,
the government also wants to ensure that the power-sharing deal for the
Bangsamoro would stand the scrutiny of legal experts.
This
"balancing act" is taking time.
"All
aspirations have a maximum, we're not saying a minimum but some kind of a
middle ground within the flexibilities of politics and our Constitution,"
Ferrer earlier said.
She added: "They [MILF members] have a lot of ideas but they're not
very sure maybe how to operationalize. But the process is constructive because
we try to work together how these approaches can be utilized. It's taking a lot
of time."
Iqbal,
meanwhile, said there might be a need to create a better system for resolving
issues on the table.
Territorial waters
The
most contentious item in the power-sharing annex is the issue on
"territorial waters" around the proposed Bangsamoro area as the MILF
puts it or "water domain" as the government likes to call it.
Iqbal
said this is the most difficult part of power-sharing because it involves many
aspects.
"Many
factors are factored in – power, wealth-sharing, communication,
transportation," Iqbal said. "On the part of the government, the
issue of security also comes into play."
Both
parties aimed to complete both annexes on power-sharing and normalization this
round but decided to just focus on power-sharing during the latter part of the
talks. These are the last two annexes required before the final peace pact can
be signed.
"The
idea was really to come to terms, to have a common understanding and sometimes
it really takes time to understand different perspectives but I think for most
parts we were able to achieve that kind of clarity that we need to become very
good partners not just to finalize annexes but for the implementation
phase," Ferrer said.
Normalization
Meanwhile,
the normalization process being negotiated for the Bangsamoro will also include
the disbandment of other criminal and private armed groups.
The
MILF wants the decommissioning of their forces to happen once all other armed
groups have been disbanded. The government, meanwhile, wants a "gradual
and phased" approach.
The
ball will be in the MILF's court once the discussion shifts to the
normalization annex, according to Ferrer.
"In
the normalization annex, this is where crunch time really comes for the MILF
because this is the part where we will be working on the decommissioning of
combatants and weapons, and as you can imagine, that is something that is not
easy to give up for a group that has held on to its arms in order to pursue its
cause," she said in a July press conference in Malacañang. "It is
something that they cannot simply do when, in fact, there are so many other
armed groups in the area.
In
July, the parties signed a historic wealth-sharing agreement that gave automatic
appropriations to the Bangsamoro, as well as a 75% share on taxes and revenues
from metallic minerals.
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