Causal Factors for Conducting Peaceful Settlement between GRP an MILF on Ancestral Domain ...

23 Pages·2016·0.25 MB·English

Dauliyah Journal of Islamic and International Studies International RelationsUnida Gontor|Vol.1|No.2
Ejournal.Unida.Gontor.ac.id August 2016
Causal Factors for Conducting Peaceful Settlement between GRP an
MILF on Ancestral Domain Aspect 2008
Fajriyah Nurkhasanah Taufik
International Relations, Universitas Darussalam Gontor
[email protected]
Abstrak
Tulisan ini mencoba menganalisa dinamika proses negosiasi antara Pemerintah Filipina dan Front
Pembebasan Islam Moro pada tahun 2001 sampai 2008. Secara khusus tulisan ini membahas tentang proses
negosiasi pada aspek ancestral sebagai salah satu dari tiga aspek terakhir dalam Perjanjian Damai Tripoli
tahun 2001 dengan menggunakan studi literatur. Berdasarkan teori kematangan (Zartman dan Faure, 2005),
kedua belah pihak sepakat untuk melakukan perjanjian damai pada tahun 2008 karena keduanya menyadari
berada dalam dua situasi; (1) Mutually Hurting Stalemate; dan (2) Mutually Enticing Opportunity. Kedua belah
pihak sama-sama merasakan dampak buruk akibat konflik militer dan menyadari bahwa dengan melakukan
negosiasi mereka akan mendapatkan keuntungan di masa depan. Mereka mencoba menghindari situasi
catastrophe dan mencoba meraih beberapa keuntungan politik, sosial dan ekonomi dari dukungan pihak lokal
dan internasional.
Kata kunci: Resolusi Konflik, Konflik Mindanao, MoA-AD, MILF, Negosiasi, Teori Kematangan
Abstract
This article tries to analyze the dynamic of negotiation processes between Government of Republic of
Philippines (GRP) and Moro Islamic Liberation Front (MILF) since 2001 until 2008. It will concern in the
negotiation process toward the ancestral domain aspect as the last three major aspects of the Tripoli Agreement
on Peace 2001 using literature studies. According to the ripeness theory (Zartman and Faure, 2005), GRP and
MILF has been conducting negotiation for 2008 because both conflicting parties have realized the two situations
of the Mutually Hurting Stalemate and Mutually Enticing Opportunity. Both conflicting parties has shared the
bad experience toward military fighting of Mindanao conflict and realize that by conducting a negotiation they
can has expectation on the certain goals for the future. They try to avoid catastrophe situation and gain several
benefit from local and international support in the term of politics, social and economicsphere.
Keywords: Conflict Resolution, Mindanao Conflict, MoA-AD, Moro, MILF, Negotiation, Ripeness Theory.
Introduction Mindanao. Before the arrivals of Spain
Mindanao conflict has happened in colonize, Mindanao Island was governed
many years ago. It is not a simple form of by Sultan. They practiced Islamic value for
rebellion movement toward official governing their politics and social-
Philippines government. Mindanao conflict economic life. The expansion of Spain
has covered about self-identity and the colonize around 1521 has stimulated the
independence of a nation from Moslem erupted of conflict. The Moslem Mindanao
136 Fajriyah Nurkhasanah Taufik| DAULIYAH Journal
fought against colonizer who tries to government to integrate Moro peoples into
subjugate Mindanao Island become Roman national Filipino identity; 5) The economic
Catholicism as well as Luzon and Visayas exploitation of Mindanao’s resources and
Island of Philippines. The failure of Spain the migration of Filipino form the north
colonizer did not end the conflict of that led to loss of ancestral lands; 6) The
Mindanao Conflict. In 1898, under the Moro struggle for self-rule
Treaty of Paris, USA came as new
Another opinion has been delivered by
colonize and successful in integrating
Quevedo (2004), in his recent article; he
Mindanao as part of Philippines territorial
mentioned four main roots of conflict
integration. Although American colonies
integrated into Philippine government as
used the different approach by using
follows;
political manipulation toward Moslem
Mindanao, they still in an effort to change 1) Poverty, integrated with low
the mainstream of that population into productivity, criminality, marginalization,
Filipino’s mainstream. The creation new and environmental degradation; 2)
law of the land and the migration of Ignorance, it was caused by poor school
Christian population from North into South and education; 3) Disease, including
have made the marginalization of Moslem malnutrition and poor access to health
Mindanao and the indigenous population services; 4) Injustice, human right
of Mindanao Island. The continuation of violation, land conflict, graft, and
that policy by Philippines government after corruption.
the independent has led the emerging of
These issues have significant factors that
the resistance movements from Moslem
have caused the emerging effort from
Mindanao.
Mindanao people, especially for
According to Matuan (2004), there are
Bangsamoro to get their independence
several issues that constitute the Mindanao
form, Philippine. Poverty, inequality and
problem, namely;
environment destruction which are done by
1) Poverty, inequality, and the regime or government make
environmental destruction; 2) Political Bangsamoro people take the action in
corruption; 3) Negative image held by strengthening position its to rebel the
Christians, Moro, and Lumad peoples of government. Social injustice, economic
each other; 4) Failure of the national exploitation, unequal developments have
137 Causal Factors for Conducting Peaceful Settlement between GRP anMILF onAncestral Domain Aspect 2008
contributed to the factor of emerging the action against Philippines government.
conflict between government and Moros The strategic has shaped into semi-
people. These factors have contributed to conventional warfare. MILF has
the complexity of Moro problems, from established the shadow government on
the primordial conflict it has been shaped Mindanao Island. It becomes a form of
by instrumental conflict and finally, the political-military organization by
Mindanao conflict has reached a stage of establishing its Political Committee Sets-
the constructivist conflict. ups from the central until Barangay level.
It has aimed to replace the existing of
The standard bearer of Moro font has
Philippines government officers in
been initialed by the emerging of Moro
Mindanao Island. In progress, initiated by
National Liberation Movement (MNLF)
Ramos government and Estrada’s
under Nur Misuari command in 1969. In
governance afterward, during 1997 until
progress, GRP and MNLF conducted
2000 both parties had conducted the
negotiation stage and brought agreement
negotiation without third parties invitation.
namely the Final Peace Agreement in
During that years, GRP and MILF have
1996. It assumed as the final agreement for
concerned on the issue of the ceasefire
solving the Mindanao conflict.
agreement and dismissed the hostilities
Nevertheless, the FPA in 1996 has failed to
among them. In 2001, under the President
end the conflict. It becomes a momentum
Gloria Macapagal Arroyo administration,
for the emerging new resistance movement
GRP and MILF has been conducting
among Moslem Mindanao.
negotiation by inviting Malaysia as the
The new standard bearer of Moro front third parties facilitator. It becomes a
has been replaced by the establishment of momentum for MILF to be a legal
the Moro Islamic Liberation Front (MILF) representative and new standard bearer of
in 1976. It uses Islamic ideology as its the Moro front. Soliman has categorized
basic ideology of the movement. MILF has the processes of peace talk between GRP
objectives to formulate the Islamic and MILF into two terms namely
independent state of Moslem Mindanao. At “domestic stage” in 1997-2000 and
the beginning, MILF ha organize guerilla “diplomatic stage” in 2001- present. The
warfare strategy for dealing with ongoing processes of peace talk between
Philippines government. It has responsible GRP and MILF cannot deny from the
for several bombing attack and military erupted of arm conflict and hostilities
138 Fajriyah Nurkhasanah Taufik| DAULIYAH Journal
between them. After the heavy aggregation of an impending catastrophe.In this
from GRP to Moslem village in Buliok in situation, the disputing parties come
2003 with the aim to capture the MILF recognize, through a cost-benefit
headquarter in Buliok complex. Both calculation, the sharp increase in the costs
conflicting parties have decided to of further escalation, which limits the use
continue the peace talk on the issue of the of unilateral strategies and enhances the
ancestral domain for 2008. It becomes a prospect of a negotiated settlement as the
big question, why GRP and MILF still only way out of an escalating situation.
continue the peace talk although many “Another way to conceptualize a ripe
agreements have failed to solve Mindanao moment is as “mutually enticing
conflict. opportunity” (MEO), which is distinguish
from an MHS by its emphasis on future
According to the ripeness theory
gains rather than on costs. During a ripe
(Zartman and Faure, 2005), both
moment, the parties begin to negotiate
conflicting parties will conduct negotiation
because they expect to achieve certain
because they are in certain conditions and
goals using alternative strategies instead of
states that negotiation will be achieved if
conflict”.
the conflict has reached on the high stage
of tension but before reaching capitulate Based on those concepts, worse
condition. Capitulate means there is an situation toward conflict settlement by
unequal level of actors. It will be difficult using military approach leads both parties
even impossible to conduct any negotiation to conduct peaceful settlement in resolving
among conflicting parties. He makes Moro’s conflict. Both parties have shared
simple explanation by categorizing the the common sense of disadvantages from
condition into two terms of a condition arms conflict. The major wars on 2000 and
which becomes the concept to explain why 2003 did not give benefit for both
conflicting parties finally use negotiation conflicting parties. Degradation of
for solving their conflict. Zartman and economic development regarding
Faure (2005 p. 272) describe: government’s arms policy or military
attack against MILF become one of the
…a ripe moment is depicted as a
considerations which must be thought
“mutually hurting stalemate” (MHS),
deeply by GRP. It also supported by
which is characterized by a deadlock. The
infrastructures destruction, unbeneficial
parties are locked into a situation because
139 Causal Factors for Conducting Peaceful Settlement between GRP anMILF onAncestral Domain Aspect 2008
impact on physical and psychological that GRP and MILF on June 22, 2001, in
have pushed both parties for conducting Tripoli pointing out three clusters to be
the negotiation as a possible way to settle negotiated for next step: security aspect,
their dispute. The continuation of military relief, and rehabilitation (refer to
force with GRP will harm the MILF’s humanitarian aid and development aspect),
image and credibility as a liberation and ancestral domain. It was guided by
movement for representing the several agreements for implementing the
Bangsamoro’s demand to the national and three points from Tripoli Agreement in
international world. GRP and MILF also 2001. In august 2001 at Putrajaya,
rethink about beneficial impacts they can Malaysia both conflicting parties has
get if they want to conduct negotiation for signed an agreement on the first aspect of
settling the conflicts even from domestic the Tripoli Agreement on Peace about
and international society such as OIC, security aspect that covered about the
Malaysia, the World Bank, the United cessation of hostilities and security
State of America, Japan, and other guarantees. It was followed by the signing
international actors. of an agreement about the humanitarian,
rehabilitation and development aspect as
The Dynamic of Mindanao Peace
the second aspect of the TPA of 2001
Processes in 2001-2008
between GRP and MILF in May 2002 at
On March 24, 2001, both parties Putrajaya, Malaysia. However, again, those
signed the General Framework for the agreements cannot decline the tension
Resumption of Peace Talk between GRP between GRP and MILF; Arroyo had
and MILF in Kuala Lumpur. It was ordered the Armed Forces of the
regarded as Framework Agreement and as Philippines (AFP) to attack MILF in
the open time of diplomatic stage for GRP Buliok complex in North Cotabato and
and MILF to settle Mindanao conflict. This Maguindanao on February 11, 2003. This
was the first agreement signed since command made the conflict erupted again
President Gloria Macapagal-Arroyo turned with three weeks fighting.
in her power on January 20, 2001. It has
On March 2003, both parties
been followed by several agreements in
continued the negotiation process and held
GRP-MILF peace processes. The great
several meetings discussing peaceful
agreement around that year was the signing
settlement between GRP and MILF and the
of Tripoli Agreement on Peace between
last three points of Tripoli Peace
140 Fajriyah Nurkhasanah Taufik| DAULIYAH Journal
Agreement (TPA) in 2001 become the and integration. Arm Force of Philippines
most attractive issue for both parties. In based on that constitution has used military
2004, both conflicting parties initiated the offensive to battle with MILF. The
formation of the International Monitoring oligarch from Mindanao and Manila has
Team (IMT) with Malaysia as the leader. been informed as the potential spoilers
Finally, both conflicting parties have within peace processes for 2008. The local
agreed on the Memorandum of Agreement officer of one province from Mindanao
on Ancestral Domain (MOA-AD) after the Island strongly refused the processes of
long road of mapping draft the last three peace talk on the issue of ancestral domain
major point of the TPA since the last 2003 aspect is North Cotabato Governor
until 2008. It was scheduled on August 5, Emmanuel Pinol. According to ICG report,
2008, and predicted become a key for he has been supported by several
solving Moro problems and settle the Governors they are Zamboanga City
Southern Philippines conflict. It covers Mayor Celso Lobregat and former mayor
three main issues: Ancestral Domain, of Carmen, North Cotabato Roger Tolino.
peace, and natural resource right within the
“….The Supreme Court, Congress, and
newly designated Moro territory (Wilson,
local government executives are not on board
2009).
the peace process. Worse, Arroyo is still the
indecisivepresident.”(Luwaran.com, 2009)
The processes of peace talk between
GRP and MILF about ancestral domain has
The potential spoilers also exist in
been influenced by the existing of hawkish
MILF’s body. ICG has reported that there
groups from outside and inside both
were any “renegade” who prefer to war
parties. They tend to continue using
rather than peace talk. The splinter
military action to deal the Mindanao
Commander of MILF has been reported
conflict and do not support the promoting
responsible for bombing action during the
peaceful settlement. The potential spoilers
ARMM governor election. From outside
within the peace talk come from local and
both conflicting parties, the hawkish group
national officers of Philippines
has been represented by the existing of
government. The Philippines constitution
Abu Sayyaf Group (ASG) and the Lumad
never supports the demand from MILF as
population. Renegade from MILF has been
well as Bangsamoro people. It has been
suspected open relationship with ASG for
claimed to threaten the national security
conducting terrorism action. The Ancestral
141 Causal Factors for Conducting Peaceful Settlement between GRP anMILF onAncestral Domain Aspect 2008
domain is the great issue for the Lumad existing of MNLF after the signed of FPA
tribes who are the indigenous people of in 1996 as the Moro front. Although MILF
Mindanao Island. They tend to become a has done several peace talk with previous
potential spoiler when the agreement just Philippines President since 1997 as
for Moslem population and assumed as mentioned by Soliman under the Arroyo
threatened for Lumad itself. administration MILF has a big chance and
become the one of Moro front who has the
Beside that, the dove groups also exist
opportunity to negotiate with the
within GRP and MILF peace talk
government. The momentum of peace talk
processes. They support on the promoting
between GRP and MILF under Arroyo
peaceful settlement for Mindanao conflict.
administration is in 2001, 2003 and the
It does not just come from local but also
recent peace talk in 2008. This fact
from the international community. They
becomes interesting topic to analyze why
have strong commitment to supporting the
GRP and MILF still stand on the root of
peaceful settlement in Mindanao. Several
peace talk and resuming the negotiation for
Islamic states such Malaysia, Libya,
2008 although they have failed experience
Indonesia etc have offered its contribution
for settling Mindanao conflict through
for creating reconciliation toward
negotiation in 2001 and 2003. All know
Mindanao conflict. The financial aid and
that the big influence from the hawkish
development project also comes from
groups also shaped the dynamic of the
America, Japan, World Bank, ADB and
conflict. It becomes a question what is the
other international community.
consideration from both conflicting parties
The Causal Factors of Negotiation Stage so that they still consistence for resuming
for Settle Mindanao Conflict of 2008 peace talk toward Mindanao conflict
settlement although the spoilers or hawkish
GRP and MILF have been conducting
groups around them and may threat their
several negotiations and signing several
peace effort.
agreements since 1997 until 2008. The
great stage of the negotiation process The causal factors that influence the
between GRP and MILF are under Arroyo policy from both conflicting parties to
administration because in her era of settle the Mindanao conflict can be
governmental administration MILF has analyzed in term of two aspects of
known as the legal representative of impulse; inside and outside the conflicting
Bangsamoro demand which replace the parties. The encouragement from inside
142 Fajriyah Nurkhasanah Taufik| DAULIYAH Journal
and outside had pursued GRP and MILF to settlement through negotiation between
any reconciliation toward their dispute. GRP and MILF, as reported (Cardona,
The government saw the big chance to 2006):
conduct the negotiation with the new
“The MILF, on the other hand, seeks to
leader of MILF, Al Haj Murad Ebrahim
have peace in Mindanao after 30 years of
who most secular than Salamt Hashim,
struggle”
hopefully, the negotiation between GRP
and MILF could reach the final agreement GRP’s commitment to continue the
for settle Mindanao conflict peacefully. peace talk process with MILF has clearly
GRP and MILF have begun for resuming stated by Philippines President Gloria
the peace process after the Great War Macapagal-Arroyo, as reported:
between them in 2003 by inviting third
“I welcome and support all peaceful,
parties role through the creation
democratic and people-based consultations for
International Monitoring Team (IMT). The
peace and development. The nation gathers its
IMT composed of Malaysia as the leader,
strength from the diversity of ideas and
Libya, Japan and Brunei as members. The aspirations channeled into effective
Mohagher Iqbal statement that negotiation democratic processes; and won on the
as the best solution for settle the Mindanao negotiation table and not in the battlefield,”
conflict become the great chance to (Koppin, 2005)
resuming the peace talk between GRP and
Arroyo also delivered her statement toward
MILF.
the commitment to resume the peace talk
In August 2005, Mohagher Iqbal, with MILF for settling Mindanao conflict
MILF chief peace negotiator, reminded the after her meeting with officials of the
Bangsamoro that the best way to solve the Cabinet Cluster on National Security on
conflict in the region was through a March 12, 2007, asfollow (Vitug, 2007):
negotiated political settlement. He argued
“I have decided to step up all measures to
that “resolving the problem through
enforce the law, preserve the atmosphere of
negotiation is bloodless and everybody is a
peace and stability, and advance the ongoing
winner.” (Taya, 2007) peace talks between the GRP (Government of
Republic of Philippines) and the MILF.”
Igbal’s statement has supported by the
statement from MILF’s Vice Chairman, The conflicting parties have a strong
Ghadzali Jaafar, toward the peaceful commitment to implementing the ceasefire
143 Causal Factors for Conducting Peaceful Settlement between GRP anMILF onAncestral Domain Aspect 2008
agreement and dismissed their military international community and a global
battle after the armed force conflict world for seeking the reconciliation toward
between AFP and MILF in 2003. It was Mindanao conflict. They find themselves
realized that the clash between GRP and no other way or approach to settling their
MILF after the military fighting in 2003 dispute except that they could use peaceful
has decreased although several minor settlement through negotiation for settling
battles still happen between GRP and the Mindanao conflict.
MILF.
In the side of government and
A. Mutually Hurting Stalemate Philippines state, in general, the continuing
conflict settlement by using military force
The experiences toward war effect
will decline its political and economic
from conflict bring both conflicting parties
stability also disturb the national security
in the stuck condition or deadlock situation
and national development program. More
to continue the massive military fighting
than 30 years Southern Philippines conflict
for solving the conflict. The conflicting
has emerged and brought damage both in
parties think that they will not gain the
physical and physiological effect. Many
benefits even become the winner in that
houses are fired, public’s devices have
conflict if they still continue the
broken, many civil people become
confrontative action. They need another
displacements, and refuges even died.
solution which is saving them from dead
They lost their houses, families, children,
loss and a shellacking by conducting
wealth and opportunities life in welfare.
peaceful settlement through negotiation.
On August 27, 2007, Arroyo has invited
According to the Ripeness theory, this
the MILF to conduct a peace talk regarding
situation categorizes as Mutually Hurting
to the Basilan situation. The continuation
Stalemate. In this case, GRP and MILF
of military fighting against the Moro front
share the experience toward the effect of
in Mindanao could harm the national
conflict and find out that they need the
development of the Philippines itself.
different approach to settling their dispute.
Many populations of Mindanao becomes
They believe that continuing the refuges and displacement since the conflict
conflict by using military approach will between GRP and the Moro front has
decline each position and escalate the erupted. Along-standing of conflict could
conflict in Southern Philippines more over decline the national income and economic
both conflicting parties get pressure from growth of Philippines. Philippines
144 Fajriyah Nurkhasanah Taufik| DAULIYAH Journal
government is facing the poverty incident 1972 to 1976, 100, 00 to 120,000 people
which is threatening state stability during were killed, 50% from the MNLF, 30%
the conflict. from the AFP and 20% of the civilian
population. It is estimated that the cost of
In battles between the MILF and the
the war in the 70’s ran up to 73 billion
AFP, 30,000 internally displaced people
pesos. The 2005 UN Philippine Human
(IDP) were recorded in 1997; 1,014,645 in
Development Report states that, since
2000; 24,000 in 2001; and 75,419 in 2003.
1975, the conflict in Mindanao has cost
The huge physical, social and economic
between PHP5-10 billion yearly (Philippe
costs of the war have in fact deepened the
Information Agency 2008).
animosity and distrust among the
contending parties as well as divisions …after the year 2000 war, the national
among peoples along religious lines budget of the Philippines rose from 725
(Philippe Information Agency 2008). billion pesos in 2001 to 780.79 billion
pesos in 2002, and 804.2 billion pesos in
A Huge amount of military budget
2003. Yet Mindanao’s share of this
become great effect to the economic
national budget declined from 13.9 per
development of Philippines state. The
cent of the national budget in 2001 to 11.9
resolving conflict through military force
percent in 2002. In 2003, Mindanao’s
did not settle the conflict correctly
share was only 10.55% of the national
otherwise, it brought the conflict difficult
budget (Russell etc, 2004).
to settle and the core of problem never be
touched. the effect of conflict has not only Philippines government also rethinks
threatened the security matter but also about its relation with international world
threatened the national economic toward the Mindanao conflict. There were
development of Philippines state as possibilities that the Philippines could loss
followed. the investors or foreign investment who
will invest in Philippines and Mindanao
The cost of the war for the inhabitants
especially if the Mindanao conflict still
of the region is staggering. Consider this:
continues by confronting military offensive
in 1971 alone, 1,000 people died. From
to settle the conflict.
High Regional Diversity in the Extent of Poverty (Adriano, 2008)