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Preliminary Outline

Preliminary Outline

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Published by Joseph Rinoza Plazo

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Published by: Joseph Rinoza Plazo on Feb 20, 2012
Copyright:Attribution Non-commercial


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GROUP 5: PEACE PROCESSPreliminary Title:
A Legal Analysis of the Government’s “3-for-1” Proposal and the MILF’s “Substate”Proposal under the GPH-MILF Peace Negotiations
Preliminary Outline:
I.The Peace Process NegotiationsA.Scale of Change Throughout the Years Based on Various AdministrationB.Present Positive Developments and ImprovementsC.Present Conflicts and ProblemsII.The Memorandum of Agreement on Ancestral Domain in relation to theGovernment and MILF’s ProposalsA.Description of the MOA-AD1.The Bangsamoros and freedom of choice of indigenous people2.Purpose is to “produce an arrangement that provides substantialautonomy and an end to the prolonged military conflict”3.Establishment of a “Bangsamoro Juridical Entity” (BJE) which shallhave authority and jurisdiction over the Ancestral Domain andAncestral Lands4.Powers of BJEB.Description of the substate proposal1.Right to self determination under UN provisions2.Option to secede3.Rights substate entity may obtain4.Participation in central government5.Status of a substate entity6.MILF’s Proposed Amendment to ConstitutionC.Description of Government Proposal
1.Difference between the proposals of MILF and the government2.The Bangsamoro CommissionIII.The “3-for-1” Proposal vs. The Substate ProposalA.Substate1.Negotiation history for the past ten years without any concretesolution that is adhered to by the Bangsamoro community. Thepolitical negotiations have been an on and off activity by thegovernment and milf.2.Cultural and Historical sentiments of the Bangsamoros. This is thecore essence of secessionism ideology of the Bangsamoro whereinthey are strongly advocating their identity as such, apart frombeing a Filipino. Bangsamoro is their identity and they feel the needto preserve such. In turn, they feel that they are oppressed andcolonized in their own homelands.3.Concept of Self-determinationa.Principle in international law that recognizes the right ocertain group of people to exercise their right to determinetheir political status and to govern their own naturalresources.b.This is a common feature of any existing government.4.Secessionisma.Creation of a substate on the ancestral homelands of theBangsamoros comprising of Muslim Sultanates existing priorto the Spanish era1)Concept of belligerency /armed conflict as amethod of extending to the government theMoro’s intent to form a state of their own. This isseen through the years of armed conflicts thathave taken the lives of many Filipinos.B.Government Proposal1.Constitutional and legal considerationsa.Nowhere in the Constitution allows secessionism. Changingthe constitution is the least priority of the governmentbecause such will entail major changes in the political arena.

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