1st ad hoc high level group meeting (solo, indonesia - june 20-22 , 2011)

7/29/2019 1st Ad Hoc High Level Group Meeting (Solo, Indonesia - June 20-22 , 2011)

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REPORT OF THE AD HOC HIGH.LEVEL GROUP20-22 June 2011Solo City, Republic of lndonesia

lntroductionAs mandated by the Communiqu6 of the Fourth Session of theTripartite Meeting between the OlC, GPH and the MNLF held last22-23 February 2011 in Jeddah, Kingdom of Saudi Arabia, the AdHoc High-Level Group (AHLG) met on 20-22 June 2011 in SoloCity, Republic of lndonesia.The Meeting was presided by H.E. Rezlan l. Jenie of lndonesia, inhis capacity as chair of the olc-PCSP and attended by BruneiDarussalam, Egypt, and Malaysia as member countries of theOIC-PCSP. Also present was the OIC Secretary-General'sSpecial Representative for Peace in Southern Philippines, H.E.Sayed El-Masry.The delegation of the GPH was led by Hon. Secretary TeresitaQuintos-Deles, Presidential Adviser on the Peace Process and thedelegation of the MNLF was led by Hon. Professor Nur Misuari.The names of the delegations of the GPH and MNLF appear inANNEX A with the MNLF represented in accordance with the"Jeddah Formula".Through the initiative of the Embassy of lndonesia in Manila, apreparatory meeting for the Ad Hoc High-Level Group was held inthe Philippines on 12-13 May 2011 which recommended a draftagenda for the AHLG. The draft agenda was adopted by theAHLG which consisted of the following:

l. Definition of Strategic Minerals and Revenue-Sharing onStrategic Mineralsll. Plebiscitea. Possible mechanismsb. Appropriate timinglll. Other unresolved issues

At its opening session, the Meeting welcomed and recognized thework of the three Expert Working Groups (EWGs), namely: (1) theExpert Working Group on the Bangsamoro Development

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Assistance Fund (BDAF) which convened on 25-29 April 2011 and30 May 2011 at the Embassy of Malaysia in Manila, (2) the ExpertWorking Group on the Tripartite lmplementation MonitoringCommittee (TIMC) which convened on 25-29 April 2011 at theEmbassy of Saudi Arabia in Manila, and (3) the Expert WorkingGroup on the Definition of Strategic Minerals and Revenue-Sharing on Strategic Minerals which convened on 25-29 April2011, 9 June 2011, and again on 14 June 2011 at the Embassy oflndonesia in Manila and co-chaired by lndonesia and BruneiDarussalam.The Meeting commended the Expert Working Groups on theBDAF and TIMC for fulfilling their mandate to formulate proposedterms of reference for the BDAF and TIMC, respectively. Theproposed terms of reference for the BDAF was referred to thelslamic Development Bank for comments and recommendations.The Meeting expressed its appreciation to the Expert WorkingGroup on the Definition of Strategic Minerals and Revenue-Sharing on Strategic Minerals for the efforts they made on theissue.The individual reports and the Joint Communiqu6 of the ExpertWorking Groups appear in ANNEX B.Outcome of the MeetingThe Meeting adopted the Report of the Technical Committee of theAd Hoc High-Level Group as it appears in ANNEX C.Other MattersThe MNLF delegation raised the question of Ustadz Khabir Malikand other personalities of the MNLF being labeled as terrorists.

ClosingThe Meeting requested the Chairman of the OIC-PCSP, H.E.Rezlan l. Jenie, to present this progress report to the 38th lslamic

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Council of Foreign Ministers to be held on 28-30 June 2011 inAstana, Kazakhstan and to have it submitted as an officialdocument of the OlC.The delegations of the GPH and MNLF extended deepappreciation to the Chair and Members of the OIC-PCSP for theircontinuing efforts to assist and facilitate discussions toward the fullimplementation of the 1996 Final Peace Agreement.The delegations expressed their sincere appreciation and gratitudeto the Government of the Republic of lndonesia for the warm andgenerous hospitality and excellent arrangements in hosting theMeeting of the Ad Hoc High-Level Group.

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ANNEX CREPORT OF THETECHNICAL COMMITTEE OF THE AD HOC HIGH.LEVEL GROUP

CONSENSUS ON THE UNRESOLVED ISSUESThe Parties, recognizing the possibilities for reform in light of the postponement ofthe ARMM elections believe that they should avail of the opportunity and use theperiod to work together with concerned stakeholders to capacitate the ARMM as acomplementary mechanism for the full implementation of the 1996 GRP-OIC-MNLFFinal Peace Agreement (FPA). ln view of this, the GPH-MNLF consider it of mutualinterest to develop a workable Partnership at appropriate levels in the ARMMthrough, among others, the following:

L Participation of the MNLF in the ARMM governance reforms;ll. Hasten the completion of the drafting of a bill to amend RA 9054, the OrganicAct of the ARMM, to comply with the FPA;lll. Complete the devolution of National Agencies to the ARMM in accordancewith RA 9054;

lV. Facilitate the implementation of the provisions on representation in theNational Government and in all Organs of the State in accordance withitems Nos. 63 to 67 of the FPA and Sections 4, 5, 6, and 7 of Article V ofRA 9054;V. lmprove capacity of ARMM to ensure delivery of basic seryices, includinginfrastructure development;Vl. Enhance resource generation to support delivery of basic services to theARMM's constituents;Vll. lmprovement of the peace and order condition on the ground and protecthuman rights;Vlll. Jointly advocate for the ARMM to:a. lmplement a transparent and accountable governance;b. Establish mechanism on effective delivery of basic services;c. Legislate the following: Establishment of Darul lftah (Advisory Council)

and Shari'ah Courts in accordance with the FPA, Amend the ARMMLocal Government Code, ARMM Administrative Code, Establishmentof ARMM Human Rights Commission, Special Regional SecurityForce/PNP Regional Command for the Autonomous Region and otherpriority legislations.

lX. ldentify and recommend other measures that national government willundertake for the full implementation of the FPA.

The GPH considers the MNLF as the principal partner to effect all of the foregoing inthe context of the full implementation of the 1996 FPA. The other details of the/*- ry


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partnership will be defined by the GPH and MNLF with the active participation of theOIC through the OIC PCSP within 30 days following the effectivity of the lawsynchronizing the ARMM elections with the national elections.

CONSENSUS ON STRATEGIC MINERALSThe Parties agree to an interim co-management arrangement. To wit:

Autonomous RegionalGovernment (ARG) National GovernmentAcceptance, processing, evaluation,and assessment of application forpermit to explore, utilizationcontracts, to impose administrativecharges and fees,

Approval of application for permitto explore and/or utilizationcontract duly recommended by theARG.No application shall be approvedwithout the favorablerecommendation of the ARG.lf, after the lapse of 30 workingdays upon receipt of therecommended application, noaction is taken by the nationalgovernment, the application isdeemed approved.

Recommends approval of Permits,contract upon endorsement of all therespective Sanggunians (LocalGovernment Councils) and aftersecuring the free and prior informedconsent in accordance with thelndigenous Peoples Rights Act.

Approval of the permits, contractsrecommended by ARG

Co-signatory together with the GPH,of any permit, contractCo-signatory together with theARG, of any permit, contract

Tasked to be primarily responsible forthe monitoring of compliance to theduly approved exploration permitsand utilizationContracts

May at its option, monitorcompliance to the duly approvedexploration permits and utilizationcontracts

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ON THE UNRESOLVED ISSUESWith reference to the remaining issues related to strategic minerals, plebiscite,territory, and other peace and development mechanisms outside ARMM, the Partiesagree to work together with the OIC to resolve them on or before 30 September2011.MNLF Position: The MNLF demands to resolve the establishment of a provisionalgovernment in accordance with the provisions of the 1976 GRP-OIC-MNLF TripoliAgreement.GPH Position: The 1996 Final Peace Agreement constitutes the totality of allagreements between the GPH and the MNLF, and Phase I thereof has been fullyimplemented with the Southern Philippines Council for Peace and Development(SPCPD) and Consultative Assembly (CA) as the transitional mechanism whichalready supersedes any references to provisional government including that found inthe 1976 Tripoli Agreement.

Done this 22nd of June 2011 in Solo City, Central Java Province, Republic oflndonesia.

FOR THE GPH FOR THE MNLF

WITNESSED FOR THE OIC-PCSP(-

MR. ANDHIKA BAMBANG SUPENO

ATTY. RANDOLPH PARCASIO

1st ad hoc high level group meeting (solo, indonesia - june 20-22 , 2011)

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