No evidence could be found that any of these positions were filled in 2000.

No evidence could be found that any of these positions were filled in 1999.

No evidence could be found that any of these positions were filled in 1998.

No evidence could be found that any of these positions were filled in 1997.

Article VII, Section 1, of the 1987 Philippine Constitution vests executive power to the President of the Philippines, who functions as the head of state, head of government, commander-in-chief of the Armed Forces, and chief executive over all executive departments, bureaus, and offices. Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987 gives the President of the Philippines authority over “all the executive departments” and their “restructuring, reconfiguring, and appointments of their respective officials.”¹

Article 65 of the Mindanao Final Agreement calls for one Cabinet position in the Executive Branch to be filled by a resident of the ARMM to be recommended by the head of the ARMM. Article 66 calls for one high-ranking position in each Executive Department to be filled by a resident of the ARMM who is recommended by the head of the ARMM.

No evidence could be found that any of these positions were filled in 1996.

The OIC General Secretariat, the third party verification body chosen in the 1996 peace agreement, received an official report by the GRP dated December 2005 which reported on the five chief articles of implementation by the GRP of Phase II of the Peace Agreement.

Regarding “Participation of Muslims in the Executive Council, the Legislative Assembly, the Administrative System, and Representation in National Government,” the GRP report mentioned that recent ARMM elections (18 August 2005) had resulted in the election of Dato Zaldi Uy Ampatuan as the new Regional Governor, 24 new members in the Legislative Assembly, and Hatimil Hassan, leader of the Legislative Assembly. It was also noted that several Muslims were elected to high-ranking positions (Nasser Pangandamam, Department of Agrarian Reform, Mr. Zamzamin Ampatuan, National Anti-Poverty Commission Chairman). The report also mentions two Muslim candidates elected to the Philippine House of Representatives and two Muslim magistrates in the Court of Appeals.

These appointments do not constitute evidence of GRP compliance with the 1996 agreement for several reasons. First, the appointments mentioned by the GRP official report resulted from elections. Second, the number of muslims holding high-ranking positions is not relevant. Third, the individuals mentioned in the GRP report do not hold the specific positions mentioned in the 1996 agreement. The GRP report does not mention any appointments made to the Executive Branch, Major Departments, Security Council, Board of Directors, Sectoral Representative, or the Supreme Court.

The failure to mention any of the specific positions from the 1996 accord in the report to the third party in charge of monitoring the implementation of the accord strongly suggests that no appointments were made. Calling attention to recent election results suggests that the government failed to make any appointment that could be referenced in their report, and this amounted to an attempt to report something rather than nothing. The MNLF report to the OIC explicitly states that no appointments were made based on the recommendations of the Regional Government pursuant to the 1996 agreement.²

Article 72 is different than the other articles and refers to a general outreach plan to recruit ARMM residents into the civil service. No formal programs of recruitment, affirmative action, training or outreach initiates by the Civil Service Commission of the Philippines intended to increase the number of ARMM residents in civil service could be found or verified. Within the National Civil Service Commission, we contacted the Office of Examination, the Office of Recruitment and Placement and the Office of Public Assistance (via email with attached letterhead) about any relevant programs targeted at ARMM residents. No information or knowledge was received on any specific outreach program aimed at ARMM residents.

No evidence could be found that any of the specific appointments referenced in the accord were made in 2004. The MNLF report (covering 1996 to 2005) to the verification body (OIC) explicitly states that none of the appointments were made.¹

No evidence could be found that any of the specific appointments referenced in the accord were made in 2003. The MNLF report (covering 1996 to 2005) to the verification body (OIC) explicitly states that none of the appointments were made.¹

No evidence could be found that any of the specific appointments referenced in the accord were made in 2002. The MNLF report (covering 1996 to 2005) to the verification body (OIC) explicitly states that none of the appointments were made.¹

No evidence could be found that any of the specific appointments referenced in the accord were made in 2001. The MNLF report (covering 1996 to 2005) to the verification body (OIC) explicitly states that none of the appointments were made.¹