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C O N F I D E N T I A L SECTION 01 OF 02 MANILA 000251 
 
SIPDIS 
 
STATE FOR EAP/MTS 
 
E.O. 12958: DECL: 02/09/2020 
TAGS: PGOV PREL PINS KISL RP
SUBJECT: PARTIES SHARE DRAFT PEACE ACCORDS, BUT POSITIONS 
ARE FAR APART 
 
REF: MANILA 0073 (GOVERNMENT RACING AGAINST TIME FOR 
     MILF PEACE AGREEMENT) 
 
Classified By: Charge d'Affaires, a.i. Leslie A. Bassett, 
reasons 1.4 (b) and (d). 
 
¶1. (C) SUMMARY:  Negotiators from the Philippine government 
and the insurgent Moro Islamic Liberation Front (MILF) met 
January 27-28 in Kuala Lumpur to exchange first drafts of a 
final peace agreement, and assessed that their positions were 
too distant to allow for a comprehensive settlement by the 
end of President Arroyo's term in June.  Nonetheless, 
Philippine Peace Panel Chairman Rafael Seguis told the Charge 
d'Affaires February 2 he is "cautiously optimistic" that some 
sort of interim agreement, based on a few areas of consensus, 
could be worked out within the next several months. 
According to Seguis, the MILF seeks a firm commitment before 
signing a peace deal that the government would take steps 
later on to establish a new Muslim autonomous region through 
constitutional amendment -- a non-starter, from the 
government's point of view, since such changes can only be 
proposed by Congress, not the executive branch.  The 
government instead prefers to focus on short-term 
deliverables that can be achieved through executive actions 
or legislative remedies.  While the MILF was publicly 
disappointed with the talks' outcome, it has resolved to keep 
discussions moving forward.  The parties plan to reconvene in 
Kuala Lumpur February 18-19 for another round of talks.  End 
Summary. 
 
IN DRAFT PAPERS, PARTIES' POSITIONS FAR APART 
--------------------------------------------- 
 
¶2. (C) Negotiators from the Philippine government and the 
southern Philippines insurgent group Moro Islamic Liberation 
Front (MILF) met January 27-28 in Kuala Lumpur to exchange 
their respective drafts of a final peace agreement. 
Philippine Peace Panel Chairman Rafael Seguis said in a 
February 2 meeting with the Charge d'Affaires that the 
parties' positions were too far apart to allow for a 
comprehensive settlement by the end of President Arroyo's 
term in June.  The government's 17-page draft, he said, 
identified concrete issues that could be addressed in the 
near term through executive actions or congressional 
legislation.  The government's proposal fell far short of the 
MILF's expectations, Seguis noted, but adhered closely to the 
limits imposed by Philippine law and the Supreme Court. 
 
¶3. (C) In contrast, Seguis noted, the MILF's much lengthier 
draft addressed the governance structure of the new 
autonomous region and the expanded territory to be included 
in it.  The MILF's proposal also sought a firm commitment -- 
before the signing of a comprehensive peace agreement -- that 
the government would eventually make efforts to amend the 
Philippine Constitution to establish the new Muslim 
autonomous region.  However, citing the established process 
for constitutional amendments, which must originate in 
Congress, Seguis said the government could not make that 
commitment.  After an initial, brief joint session the first 
day, the parties conducted "proximity talks" -- in the same 
building but different rooms -- at the request of the MILF, 
an expression of the group's sharp disappointment in the 
government's proposal. 
 
"CAUTIOUSLY OPTIMISTIC" FOR INTERIM AGREEMENT 
--------------------------------------------- 
 
¶4. (C) Chairman Seguis told the Charge that, despite the 
distance between the two texts, he was "cautiously 
optimistic" that the two sides would be able to put together 
an interim agreement based on a smaller number of consensus 
areas, and that the MILF would agree to such an arrangement. 
In a January 28 joint press statement released by the 
Malaysian facilitator, the parties agreed to "preserve 
gains," continue to review texts, and meet again on February 
18-19.  At the next meeting, Seguis said he hoped to acquire 
clarification on some of the MILF's proposals, including the 
nature of the relationship between the new autonomous region 
and the central government.  Moving forward, Seguis said the 
government would remain focused on deliverable outcomes, such 
as the nomination and appointment of Muslims to the courts, 
the scaling down of military presence in Mindanao, and a 
proposal for the fiscal autonomy of the new region. 
 
MILF'S VISION OF GOVERNANCE 
--------------------------- 
 
MANILA 00000251  002 OF 002 
 
 
 
¶5. (C) In contrast to the more limited scope of the 
government's draft text, Seguis said the MILF's vision for 
the final peace agreement was much broader, and included some 
details about a "state-within-a-state" model for the new 
Muslim autonomous region under the Philippine Constitution. 
The territory would be governed by a parliamentary system 
with sectoral representatives for all constituencies residing 
within its boundaries, including non-Muslim indigenous 
tribes.  Members of parliament would elect a "Chief 
Minister," and the MILF would appoint a governor to lead the 
executive branch.  A judiciary based on Shari'a (Islamic law) 
would form the third branch of government. 
 
INTERNATIONAL CONTACT GROUP PLAYS A ROLE 
---------------------------------------- 
 
¶6. (C) The International Contact Group (ICG) members were 
present at the talks and, according to Chairman Seguis and 
The Asia Foundation Country Director Steven Rood (protect), 
they played a useful role in supporting the procedural 
aspects of the negotiations, particularly after the 
disappointed MILF panel members declined to meet in the same 
room with their government counterparts.  During the 
proximity talks, the Malaysian Facilitator Datuk Othman and 
ICG members shuttled between the two rooms to encourage the 
two sides to keep communicating. 
 
COMMENT 
------- 
 
¶7. (C) While the two parties did not make any breakthroughs 
at the talks, their commitment to meet again in February 
underscores how each side is aiming for some sort of concrete 
achievement before President Arroyo leaves office.  However, 
each side appears to believe they have an upper hand in 
negotiations, perceiving the other side to be more pressed by 
time -- and constituencies -- to substantiate progress in the 
talks.  Seguis told the Charge it was in the MILF's interest 
to negotiate quickly, before a President more hostile to the 
MILF could be elected.  The MILF, for its part, has told 
Embassy officials that the next generation of Muslim "Moro" 
leaders are prepared to carry on their struggle, and the 
peace talks, for as long as necessary to obtain the peace 
agreement they feel they deserve.  This brinkmanship makes 
even an interim agreement problematic, despite continuing 
U.S. and other international pressure on both parties. 
 
BASSETT