REPORT OF THE AD HOC HIGH.

LEVEL GROUP 20-22 June 2011 Solo City, Republic of lndonesia

lntroduction

As mandated by the Communiqu6 of the Fourth Session of the

Tripartite Meeting between the OlC, GPH and the MNLF held last 22-23 February 2011 in Jeddah, Kingdom of Saudi Arabia, the Ad Hoc High-Level Group (AHLG) met on 20-22 June 2011 in Solo City, Republic of lndonesia.

The Meeting was presided by H.E. Rezlan l. Jenie of lndonesia, in his capacity as chair of the olc-PCSP and attended by Brunei Darussalam, Egypt, and Malaysia as member countries of the OIC-PCSP. Also present was the OIC Secretary-General's Special Representative for Peace in Southern Philippines, H.E. Sayed El-Masry.

The delegation of the GPH was led by Hon. Secretary Teresita

Quintos-Deles, Presidential Adviser on the Peace Process and the delegation of the MNLF was led by Hon. Professor Nur Misuari. The names of the delegations of the GPH and MNLF appear in ANNEX A with the MNLF represented in accordance with the "Jeddah Formula".

Through the initiative of the Embassy of lndonesia in Manila, a preparatory meeting for the Ad Hoc High-Level Group was held in the Philippines on 12-13 May 2011 which recommended a draft agenda for the AHLG. The draft agenda was adopted by the AHLG which consisted of the following:

l. ll. lll.

Definition of Strategic Minerals and Revenue-Sharing on Strategic Minerals Plebiscite a. Possible mechanisms b. Appropriate timing Other unresolved issues

At its opening session, the Meeting welcomed and recognized the

work of the three Expert Working Groups (EWGs), namely: (1) the Expert Working Group on the Bangsamoro Development

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Assistance Fund (BDAF) which convened on 25-29 April 2011 and 30 May 2011 at the Embassy of Malaysia in Manila, (2) the Expert Working Group on the Tripartite lmplementation Monitoring Committee (TIMC) which convened on 25-29 April 2011 at the Embassy of Saudi Arabia in Manila, and (3) the Expert Working Group on the Definition of Strategic Minerals and RevenueSharing on Strategic Minerals which convened on 25-29 April 2011, 9 June 2011, and again on 14 June 2011 at the Embassy of lndonesia in Manila and co-chaired by lndonesia and Brunei Darussalam.

The Meeting commended the Expert Working Groups on the

BDAF and TIMC for fulfilling their mandate to formulate proposed terms of reference for the BDAF and TIMC, respectively. The proposed terms of reference for the BDAF was referred to the lslamic Development Bank for comments and recommendations.

The Meeting expressed its appreciation to the Expert Working Group on the Definition of Strategic Minerals and RevenueSharing on Strategic Minerals for the efforts they made on the
issue.

The individual reports and the Joint Communiqu6 of the Expert

Working Groups appear in ANNEX B.

Outcome of the Meeting

The Meeting adopted the Report of the Technical Committee of the Ad Hoc High-Level Group as it appears in ANNEX C.

Other Matters

The MNLF delegation raised the question of Ustadz Khabir Malik and other personalities of the MNLF being labeled as terrorists.

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H.E.

The Meeting requested the Chairman of the OIC-PCSP,

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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 in Astana, Kazakhstan and to have it submitted as an official document of the OlC.

The delegations of the GPH and MNLF extended

deep appreciation to the Chair and Members of the OIC-PCSP for their continuing efforts to assist and facilitate discussions toward the full implementation of the 1996 Final Peace Agreement.

The delegations expressed their sincere appreciation and gratitude to the Government of the Republic of lndonesia for the warm and generous hospitality and excellent arrangements in hosting the Meeting of the Ad Hoc High-Level Group.

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ANNEX C REPORT OF THE TECHNICAL COMMITTEE OF THE AD HOC HIGH.LEVEL GROUP

CONSENSUS ON THE UNRESOLVED ISSUES

The Parties, recognizing the possibilities for reform in light of the postponement of the ARMM elections believe that they should avail of the opportunity and use the period to work together with concerned stakeholders to capacitate the ARMM as a complementary mechanism for the full implementation of the 1996 GRP-OIC-MNLF Final Peace Agreement (FPA). ln view of this, the GPH-MNLF consider it of mutual interest to develop a workable Partnership at appropriate levels in the ARMM through, among others, the following:
Participation of the MNLF in the ARMM governance reforms; ll. Hasten the completion of the drafting of a bill to amend RA 9054, the Organic Act of the ARMM, to comply with the FPA; lll. Complete the devolution of National Agencies to the ARMM in accordance with RA 9054; lV. Facilitate the implementation of the provisions on representation in the National Government and in all Organs of the State in accordance with items Nos. 63 to 67 of the FPA and Sections 4, 5, 6, and 7 of Article V of RA 9054; V. lmprove capacity of ARMM to ensure delivery of basic seryices, including infrastructure development; Vl. Enhance resource generation to support delivery of basic services to the ARMM's constituents; lmprovement of the peace and order condition on the ground and protect human 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 ARMM Local Government Code, ARMM Administrative Code, Establishment of ARMM Human Rights Commission, Special Regional Security Force/PNP Regional Command for the Autonomous Region and other priority legislations. lX. ldentify and recommend other measures that national government will undertake for the full implementation of the FPA.

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The GPH considers the MNLF as the principal partner to effect all of the foregoing in the context of the full implementation of the 1996 FPA. The other details of the

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

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

Autonomous Regional Government (ARG)

Acceptance, processing, evaluation, and assessment of application for permit to explore, utilization contracts, to impose administrative charges and fees,

National Government
Approval of application for permit to explore and/or utilization contract duly recommended by the ARG.
No application shall be approved without the favorable recommendation of the ARG.

lf, after the lapse of 30 working days upon receipt of the recommended application, no action is taken by the national government, the application is deemed approved. Recommends approval of Permits, contract upon endorsement of all the respective Sanggunians (Local Government Councils) and after securing the free and prior informed consent in accordance with the lndigenous Peoples Rights Act. Co-signatory together with the GPH, of any permit, contract Tasked to be primarily responsible for the monitoring of compliance to the duly approved exploration permits and utilization Contracts Approval of the permits, contracts recommended by ARG

Co-signatory together with the ARG, of any permit, contract May at its option, monitor compliance to the duly approved exploration permits and utilization contracts

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ON THE UNRESOLVED ISSUES

With reference to the remaining issues related to strategic minerals, plebiscite,

territory, and other peace and development mechanisms outside ARMM, the Parties agree to work together with the OIC to resolve them on or before 30 September 2011.

MNLF Position: The MNLF demands to resolve the establishment of a provisional government in accordance with the provisions of the 1976 GRP-OIC-MNLF Tripoli Agreement.

GPH Position: The 1996 Final Peace Agreement constitutes the totality of all agreements between the GPH and the MNLF, and Phase I thereof has been fully implemented with the Southern Philippines Council for Peace and Development (SPCPD) and Consultative Assembly (CA) as the transitional mechanism which
already supersedes any references to provisional government including that found in the 1976 Tripoli Agreement.

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

FOR THE GPH

FOR THE MNLF

ATTY. RANDOLPH PARCASIO

WITNESSED FOR THE OIC-PCSP

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MR. ANDHIKA BAMBANG SUPENO