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GROUP 5: PEACE PROCESS

Preliminary Title:

A Legal Analysis of the Governments 3-for-1 Proposal and the MILFs Substate

Proposal under the GPH-MILF Peace Negotiations

Preliminary Outline:

I. The Peace Process Negotiations

A. Scale of Change Throughout the Years Based on Various Administration

B. Present Positive Developments and Improvements

C. Present Conflicts and Problems

II. The Memorandum of Agreement on Ancestral Domain in relation to the

Government and MILFs Proposals

A. Description of the MOA-AD

1. The Bangsamoros and freedom of choice of indigenous people

2. Purpose is to produce an arrangement that provides substantial

autonomy and an end to the prolonged military conflict

3. Establishment of a Bangsamoro Juridical Entity (BJE) which shall

have authority and jurisdiction over the Ancestral Domain and

Ancestral Lands

4. Powers of BJE

B. Description of the substate proposal

1. Right to self determination under UN provisions

2. Option to secede

3. Rights substate entity may obtain

4. Participation in central government

5. Status of a substate entity

6. MILFs Proposed Amendment to Constitution

C. Description of Government Proposal

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1. Difference between the proposals of MILF and the government

2. The Bangsamoro Commission

III. The 3-for-1 Proposal vs. The Substate Proposal

A. Substate

1. Negotiation history for the past ten years without any concrete

solution that is adhered to by the Bangsamoro community. The

political negotiations have been an on and off activity by the

government and milf.

2. Cultural and Historical sentiments of the Bangsamoros. This is the

core essence of secessionism ideology of the Bangsamoro wherein

they are strongly advocating their identity as such, apart from

being a Filipino. Bangsamoro is their identity and they feel the need

to preserve such. In turn, they feel that they are oppressed andcolonized in their own homelands.

3. Concept of Self-determination

a. Principle in international law that recognizes the right of

certain group of people to exercise their right to determine

their political status and to govern their own natural

resources.

b. This is a common feature of any existing government.

4. Secessionism

a. Creation of a substate on the ancestral homelands of the

Bangsamoros comprising of Muslim Sultanates existing prior

to the Spanish era

1) Concept of belligerency /armed conflict as a

method of extending to the government the

Moros intent to form a state of their own. This is

seen through the years of armed conflicts that

have taken the lives of many Filipinos.

B. Government Proposal

1. Constitutional and legal considerations

a. Nowhere in the Constitution allows secessionism. Changing

the constitution is the least priority of the government

because such will entail major changes in the political arena.

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The clamor for substate is not greater than the changes or

probable repercussions that a premature change in the

constitution might bring.

2. Concept of enhanced autonomy

a. Three-for-one plan

1. This includes economic development and

governments recognition of the Bangsamoros

historical ties with the land

IV. Constitutional and PIL implications in relation to the Governments Proposal

A. On the Constitution

1. Extent of the legal and political powers of the president in peace

process negotiations

2. Preservation of national sovereignty, national territory and national

citizenship

3. Powers of the National Government in an Autonomous Region

4. Doctrine of Separation of Powers

5. Right of the people to information on matters of public concern

B. On Public International Law

1. Right to Self-Determination

2. Intention to be Bound

V. Constitutional and PIL implications in relation to the Substate Proposal

A. Substates: Secession Under International Law

1. The Kosovo Precedent and ICJ Doctrine

2. Selected Cases under Ireland, Timor and Sudan

B. Conflict: International Law vs The Philippine Constitution

1. The Right To Self Determination vs Territorial Integrity

a. Unilateral Secession Applies to Colonies Only

2. Bilateral Consensus Principle

3. Kosovo: Is there Stare Decisis?

VI. Modes to Carry Out the Proposal

A. Positive and Negative Points of a Constitutional Amendment

B. Current Stand of the Government on Charter Change

C. Positive and Negative Points of a National-Territory Approach

D. Positive and Negative Points of a Local-Autonomy Approach

VII.The Groups Proposal