The Comprehensive Agreement on the Bangsamoro (CAB)
Date Signed: 27 March, 2014
Accord Type: Comprehensive Peace Agreement
Country: Philippines
Provisions in this Accord
Inter-ethnic/State Relations
2014
The Annex on Power Sharing stipulated the creation of the Central Government – Bangsamoro Government Intergovernmental Relation body to resolve disputes. The agreement further called for representation of Bangsamoros in central government positions.
The Bangsamoro Basic Law draft called for the establishment of the intergovernmental relations body. It also required coordination between the central and regional governments on concurrent powers through the body. It also called for the appointment of Bangsamoros to specific central government offices. The draft was first presented to President Aquino in April 2014, [1] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[2] which he submitted to Congress on September 10.[3] [4] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[2] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[3] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[4] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law created the National Government-Bangsamoro Government Intergovernmental Relations Body to manage the relationship between the regional and central government.[2] The law also included provisions requiring the Bangsamoro government’s representation in the National Government “as far as practicable.”[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article VI, Section 2.
[3] “Republic Act No. 11054,” Article VI, Section 11.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law created the National Government-Bangsamoro Government Intergovernmental Relations Body to manage the relationship between the regional and central government.[2] The relations body met for the first time in December 2019.[3] The law also included provisions requiring the Bangsamoro Government’s representation in the national government “as far as practicable.”[4]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article VI, Section 2.
[3] “Intergovernmental body meets to resolve issues between the national gov’t, BARRM,” Manila Bulletin, December 17, 2019.
[4] “Republic Act No. 11054,” Article VI, Section 11.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law created the National Government-Bangsamoro Government Intergovernmental Relations Body to manage the relationship between the regional and central government.[2] The relations body met for the first time in December 2019.[3] The law also included provisions requiring the Bangsamoro Government’s representation in the national government “as far as practicable.”[4]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article VI, Section 2.
[3] “Intergovernmental body meets to resolve issues between the national gov’t, BARRM,” Manila Bulletin, December 17, 2019.
[4] “Republic Act No. 11054,” Article VI, Section 11.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law created the National Government-Bangsamoro Government Intergovernmental Relations Body to manage the relationship between the regional and central government.[2] The relations body met for the first time in December 2019.[3]The law also included provisions requiring the Bangsamoro government’s representation in the National Government “as far as practicable.”[4]
The Intergovernmental Relations Body (IGRB) was also operational. A representative from the national government and a representative from the BARMM co-chair the IGRB, which has the mandate to resolve disputes and issues related to national programs in the BARMM.[5]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article VI, Section 2.
[3] “Intergovernmental body meets to resolve issues between the national gov’t, BARRM,” Manila Bulletin, December 17, 2019.
[4] “Republic Act No. 11054,” Article VI, Section 11.
[5] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Annex on Powersharing (December 8, 2013)
PART ONE INTERGOVERNMENTAL RELATIONS
The following points on intergovernmental relations, among other, will govern the relationship between the Central Government and the Bangsamoro Government and its constituent units. Issues arising from the exercise of powers shall be resolved through the mechanism of intergovernmental relations below:
3. The Central Government and the Bangsamoro Government shall establish a mechanism at the highest levels that will coordinate and harmonize their relationships. For this purpose, a primary mechanism shall be a Central Government – Bangsamoro Government Intergovernmental Relation body to resolve issues on intergovernmental relations. Disputes relating to these intergovernmental relations shall be resolved through regular consultations and continuing negotiations in a non-adversarial manner.
7. As a matter of policy, the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide for the appointment of Bangsamoros to positions provided under Republic Act No. 9054 (R.A. No. 9054).
The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as part of its set of recommendations for constitutional amendments.
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Women's Rights
2014
The GPH-MILF Decision Points, Framework Agreement on the Bangsamoro, Annex on Revenue Generation and Wealth Sharing, and Annex on Normalization emphasize respect for women’s rights and stipulate action by both parties to promote equal protection of women and participation of women in government and the economy. The Bangsamoro Basic Law draft provided for the rights of women in Bangsamoro with respect to political participation[1], employment, [2] and protection from violence, [3] exploitation and abuse. [4]
The BBL also calls for the direct consideration of women in the development process in Bangsamoro: “it shall guarantee full and direct participation of women in governance and in the development process and shall, further, ensure that women benefit equally in the implementation of development programs and projects […] at least five percent (5%) of the total budget appropriation of each ministry, office, and constituent local government unit of the Bangsamoro shall be set aside for gender-responsive programs, in accordance with a gender and development plan.”[5]
The BBL further provides for women’s participation in the Bangsamoro government, requiring that “[a]side from the reserved seat for women in the Parliament, there shall be at least one (1) qualified woman to be appointed to the Bangsamoro Cabinet. The Bangsamoro Parliament shall enact a law that gives recognition to the important role of women in nation-building and regional development and ensures representation of women in other decision-making and policy-determining bodies of the Bangsamoro Government.”[6]
The Bangsamoro Basic Law draft provides for the creation of a Bangsamoro police force as part of the national police force.[7] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [8] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[9] which he submitted to Congress on September 10.[10] [11] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 1.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 10.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 1.
[4] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 10.
[5] Bangsamoro Basic Law: House Bill No. 4994. Article XIII, Section 6.
[6] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 11.
[7] Bangsamoro Basic Law: House Bill No. 4994. Article XI.
[8] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[9] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[10] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[11] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018. [1] The law included processions that set quotas for women in the Bangsamoro Parliament and Cabinet.[2] The treaty also obligated the Bangsamoro government to protect women’s rights including employment, and freedom from expropriation, abuse, and violence.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 11.
[3] “Republic Act No. 11054,” Article IX, Section 12.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law included provisions that set quotas for women in the Bangsamoro Parliament and Cabinet.[2] The treaty also obligated the Bangsamoro Government to protect women’s rights, including employment and freedom from expropriation, abuse, and violence.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 11.
[3] “Republic Act No. 11054,” Article IX, Section 12.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law included provisions that set quotas for women in the Bangsamoro Parliament and Cabinet.[2] The law also obligated the Bangsamoro Government to protect women’s rights, including employment and freedom from expropriation, abuse, and violence.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 11.
[3] “Republic Act No. 11054,” Article IX, Section 12.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law included provisions that set quotas for women in the Bangsamoro Parliament and Cabinet.[2] The law also obligated the Bangsamoro government to protect women’s rights, including employment, and freedom from expropriation, abuse, and violence.[3] Further, the agreement calls for setting aside at least 5% of the official development funds to address women’s needs. However, this information is not available.
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 11.
[3] “Republic Act No. 11054,” Article IX, Section 12.
GPH-MILF Decision points (April 24, 2010)
10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed: g. Right of women to meaningful political participation, and protection from all forms of violence;
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHTS
g. Right of women to meaningful political participation, and protection from all forms of violence; Annex on Revenue Generation and Wealth Sharing (July 13, 2013) XII. Gender and Development
In the utilization of public funds, the Bangsamoro shall ensure that the needs of women and men are adequately addressed. For this purpose, the Bangsamoro shall set aside at least 5% of the official development funds that it receives for support programs and activities for women in accordance with a gender and development plan. |
Verification/Monitoring Mechanism
2014
The Agreement on Peace, GPH-MILF Decision Points, Framework Agreement on the Bangsamoro, Annex on Transitional Arrangements and Modalities, Annex on Revenue Generation and Wealth Sharing, and Annex on Normalization call for the creation of various bodies to monitor and verify the implementation phase of the Comprehensive Agreement on the Bangsamoro. The International Monitoring Team (IMT) is a Malaysian-led body charged with monitoring and verifying the 1997 Agreement for the General Cessation of Hostilities and the 2001 Agreement on Peace between the MILF and the Philippines government. The IMT was first deployed in 2004, and remained operational through 2014. As of 2014, IMT was composed of forces from Indonesia, Malaysia, Brunei, Japan, and Norway.[1]
In July 2013, the Third Party Monitoring Team (TPMT) was formed to monitor, verify and report progress on all provisions in agreements signed between the MILF and the GRP in accordance with the 2012 Framework Agreement on the Bangsamoro.[2] The TPMT issued its first Public Report in February 2014.[3]
In 2014, the Joint Normalization Committee (JNC) was formed with a broad mandate of coordinating and assessing implementation procedures.[4] The JNC was additionally tasked with monitoring demobilization, police force enhancement, and development initiatives.[5]
[1] “S. Philippines Muslim rebels grateful for Indonesian peacekeepers,” Xinhua General News Service, July 9, 2014
[2] “Independent body to monitor implementation of Philippine-MILF peace pact,” Xinhua General News Service, July 9, 2013.
[3]TPMT. “Press Release: Third-Party Monitoring Team Issues its first Public Report,” February 28, 2014.
[4] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
[5] Terms of Reference for the Joint Normalization Committee, March 22, 2014.
2015
In January 2015, the International Decommissioning Body’s Verification and Monitoring Assistance Teams were charged with monitoring and verifying government and MILF compliance in disarmament and demobilization measures.[1] The International Monitoring Team (IMT) extended its mandate to monitor and verify the ceasefire until March 2016.[2]
[1] Protocol on the Implementation of the Terms of Reference of the Independent Decommissioning Body, January 29, 2015.
[2] “Philippines government, rebel group sign pact to decommission firearms,” BBC Monitoring Asia Pacific, January 31, 2015.
2016
In February, the Philippine government and the MILF agreed to extend the mandate of the IMT until March 31, 2017.[1]
[1] “Philippines government, rebel group reaffirm commitment to peace process,” BBC Monitoring Asia Pacific, February 15, 2016.
2017
The Third-Party Monitoring Team continued to operate in 2017 and issued a report on its work in September 2017.[1] The International Monitoring Team observed no new developments. No certification of renewal was documented in 2017, nor was there any announcement of closure or withdrawal. The Joint Normalization Committee continued to operate in 2017.
[1] “Fourth Public Report, March 2016 to June 2017,” Third-Party Monitoring Team, September 24, 2017.
2018
The Third Party Monitoring Team and Joint Normalization Committee continued to operate in 2018.[1][2]
[1] “May 2018 session,” Third Party Monitoring Team, http://tpmt.ph/may-2018-session.
[2] “Successful peace process leads to lower crime rate in Zambo,” Manilla Standard, August 18, 2018.
2019
The Third Party Monitoring Team and Joint Normalization Committee continued to operate in 2019.
2020
The Third Party Monitoring Team and Joint Normalization Committee continued to operate in 2020.
2021
The Third Party Monitoring Team and Joint Normalization Committee continued to operate in 2021.
Agreement on Peace (June 22, 2001)
A. SECURITY ASPECT
3. The Parties agree to invite representatives of the Organization of Islamic Conference (OIC) to observe and monitor the implementation of all GRP-MILF Agreements. The Parties further agree to strengthen the GRP-MILF Agreement on the General Cessation of Hostilities dated 18 July 1997. Upon signing this Agreement, a Monitoring Team shall be constituted with representatives from the OIC.
GPH-MILF Decision points (April 24, 2010)
9. The Parties agree to the creation of (third party) monitoring and evaluation mechanisms, which may utilize competencies already available in existing mechanisms, e.g. ICG, IMT, CCCH.
Framework Agreement on the Bangsamoro (October 12, 2012)
V. TERRITORY
2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitiry Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.
VII. TRANSITION AND IMPLEMENTATION
11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements.
VIII. NORMALIZATION
7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMP) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
I. THE TRANSITION PROCESS
G. Monitoring
A Third Party Monitoring Team composed of international bodies as well as domestic groups shall be created by the Parties for the purpose of periodic monitoring of the implementation of all the agreements.
II. TRANSITION MECHANISMS AND MODALITIES
A. The Transition Commission (TC)
6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
[g] Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition.
II. TRANSITION MECHANISMS AND MODALITIES
C. The Third Party Monitoring Team (TPMT)
1. Pursuant to Provision No. VII (Transition and Implementation), Paragraph 11 and 12, of the Framework Agreement on the Bangsamoro (FAB), a Third Party Monitoring Team shall be established to monitor the implementation of all agreements by the Parties.
2. The TPMT is an independent body composed of international bodies, as well as domestic groups, as follows: – A chair, who shall be an eminent international person; – A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the GPH; – A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the MILF; – A representative from an international non-government organization to be nominated by the GPH; and – A representative from an international non-government organization to be nominated by the MILF.
All members shall be mutually acceptable and agreed upon by the Parties.
3. The TPMT shall be covered by a set of Terms of Reference (ToR) and Guidelines that shall define and frame the scope of its operational functions and administrative requirements. The ToR and Guidelines shall be approved by the Parties.
4. The basic functions of the TPMT are, but not limited to, the following:
a. Monitoring and evaluation of the implementation of all agreements b. Submit comprehensive periodic reports and updates to both Parties |
Truth or Reconciliation Mechanism
2014
The Normalization Annex, reaffirmed by the Comprehensive Agreement on the Bangsamoro, mandates the creation of the Transitional Justice and Reconciliation Commission. On May 6, 2014 the government and MILF announced the creation of the Transitional Justice and Reconciliation Commission (TJRC), which is charged with recommending mechanisms to address the grievances of the Bangsamoro people, and will be led by an expert from Switzerland.[1] The TJRC convened throughout 2014.[2]
[1] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
[2] “Philippines, MILF meet to start disarmament process,” Anadolu Agency, September 28, 2014.
2015
The Transitional Justice and Reconciliation Commission convened throughout 2015 and submitted a report to the Peace Panels in December, 2015.[1]
[1] “TJRC Hands Over The Report To The Peace Panels,” Truth and Justice Reconciliation Commission, December 11, 2015.
2016
The Transitional Justice and Reconciliation Commission released its 2015 report to the public in 2016. The report identifies Bangsamoro grievances including historical injustices, human rights violations, violence, impunity, and neglect, and provides recommendations for action to facilitate healing and reconciliation.[1]
[1] Report of the Transitional Justice and Reconciliation Commission, Truth and Reconciliation Commission, 2016.
2017
No developments observed this year.
2018
The BBL was signed into law by President Duterte on July 26, 2018. [1] On the recommendation of the Transitional Justice and Reconciliation Commission, the law required the Bangsamoro Parliament to create “a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people and the indigenous peoples.”[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] On the recommendation of the Transitional Justice and Reconciliation Commission, the law required the Bangsamoro Parliament to create “a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people and the Indigenous peoples.”[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] On the recommendation of the Transitional Justice and Reconciliation Commission, the law required the Bangsamoro Parliament to create “a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people and the Indigenous peoples.”[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 1.
2021
It is reported that the Inter-Cabinet Cluster Mechanism on Normalization (ICCMN) has set up a cluster to implement the TJRC (Transitional Justice and Reconciliation Commission) recommendations. The TJRC-recommended National Transitional Justice and Reconciliation Commission for the Bangsamoro (NTJRCB), a mechanism to oversee a National Dealing With the Past, is yet to be established.[1] It is reported that the BARMM government has passed a resolution (Resolution 56) asking the national government to create the NTJRCB and the Philippine government is still to pass a law.[2]
[1] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
[2] “Advancing the transitional justice agenda (1),” Inquirer, June 7, 2021. https://opinion.inquirer.net/140937/advancing-the-transitional-justice-agenda-1
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations. |
2014
The Framework Agreement on the Bangsamoro stipulates the conditions for a plebiscite to incorporate contiguous territories into the Bangsamoro. The Bangsamoro Basic Law drafted in 2014 includes language providing for a plebiscite to determine the territorial jurisdiction of the Bangsamoro.[1]
The Bangsamoro Basic Law draft provides for the creation of a Bangsamoro police force as part of the national police force.[2] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [3] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[4] which he submitted to Congress on September 10.[5] [6] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article XV.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article XI.
[3] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[4] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[5] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[6] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The signed law defined the territorial and maritime jurisdiction of the Bangsamoro Autonomous Region, conditional on a successful plebiscite.[2] The law also allowed for additional municipalities and wards (barangays) to join the Autonomous Region if the voters approved of joining in the plebiscite.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IV and XV.
[3] “Republic Act No. 11054,” Article XV, Section 3.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. In addition, a second plebiscite on February 6, 2019, determined that further municipalities in North Cotabato would join the new autonomous region. Voters decided against the inclusion of additional municipalities in Lanao del Norte.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. In addition, a second plebiscite on February 6, 2019, determined that further municipalities in North Cotabato would join the new autonomous region. Voters decided against the inclusion of additional municipalities in Lanao del Norte.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. In addition, a second plebiscite on February 6, 2019, determined that further municipalities in North Cotabato would join the new autonomous region. Voters decided against the inclusion of additional municipalities in Lanao del Norte.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
Framework Agreement on the Bangsamoro (October 12, 2012)
V. TERRITORY
Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
II. TRANSITION MECHANSMS AND MODALITIES
[f] Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro. |
Reparations
2014
The Agreement on Peace between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front and the Framework Agreement on the Bangsamoro called for reparations to compensate for the destruction of property during the conflict and general property rights.
The Bangsamoro Basic Law draft established fundamental property rights, as required by the Framework Agreement on the Bangsamoro,[1] however it did not include reparations. The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [2] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[3] which he submitted to Congress on September 10.[4] [5] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 3.
[2] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[3] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[4] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[5] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
The BBL stipulates that the Bangsamoro Parliament enact laws to provide reparations for lost property.[1]
[1] “Republic Act No. 11054,” Article IX, Section 2.
2019
No further developments observed.
2020
No further developments observed.
2021
No further developments observed.
Agreement on Peace (June 22, 2001)
B. REHABILITATION ASPECT
3. The Parties shall safely return evacuees to their place of origin; provide all the necessary financial/material and technical assistance to start a new life, as well as allow them to be awarded reparations for their properties lost or destroyed by reason of the conflict.
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHTS
2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually. |
Reintegration
2014
The Framework Agreement on the Bangsamoro and Annex on Normalization of the Comprehensive Agreement on the Bangsamoro stipulate action to facilitate the transition of MILF forces to civilian life. In August 2014, the Technical Education and Skills Development Authority (TESDA) of the Philippines allotted 355 million pesos in their budget to provide free training in technical and vocational courses for ex-combatants.[1]
[1] “Tesda allots P335 million to train ex-MILF fighters,” Business Mirror, August 17, 2014.
2015
145 decommissioned Bangsamoro Islamic Armed Forces received PhilHealth cards and P25,000 immediate cash assistance. [1]
[1] “Philippine rebels begin process of giving up arms,” BBC Monitoring Asia Pacific, June 16, 2015.
2016
On April 28, 2016, MILF members decommissioned in 2015 graduated from a government training program, which was operated by the government Technical Education and Skills Development Authority. The program included courses to prepare former combatants for civilian life, including “bread and pastry production, driving, carpentry, cookery, small engine repair, dressmaking/tailoring, automotive servicing, electrical installation and maintenance, welding, and entrepreneurship.”[1]
[1] “Former Philippine rebels swap guns for spanners,” Gulf News, April 28, 2016.
2017
No developments observed this year.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law obligated the National and Regional governments to establish programs to rehabilitate MILF and MNLF fighters.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article XVI, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law obligated the national and regional governments to establish programs to rehabilitate MILF and MNLF fighters.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XVI, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law obligated the national and regional governments to establish programs to rehabilitate MILF and MNLF fighters.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XVI, Section 1.
2021
As of 2021, some 30% of MILF combatants have gone through the decommissioning process as part of the second phase, and the third phase is currently underway and involves 35% of MILF combatants. [1] As part of the reintegration process, decommissioned combatants, their families, and communities receive economic packages comprised of social protections, capacity building, livelihood/employment assistance, and social infrastructure. The demobilized combatants received cash assistance worth PhP100,000 each. According to the TPMT report, a total of 501 combatants and their families graduated from the technical training programs, and a total of 330 out of 450 targeted decommissioned combatants completed the value transformation training by the Bangsamoro Development Agency (BDA) in 2021. The TPMT report also notes the completion of some social infrastructure. Nevertheless, not all decommissioned combatants have received socio-economic development packages, as 12,145 decommissioned combatants from Phase 1 and Phase 2 are still waiting for their socio-economic packages. Lack of clarity on socio-economic packages has caused a delay in the decommissioning and reintegration process.[2]
[1] “Seventh Public Report,” Third Party Monitoring Team, January 2022; “Decommissioning process delayed by 21,000 MILF combatants – Galvez,” Rappler, September 15, 2021. https://www.rappler.com/nation/carlito-galvez-jr-says-decommissioning-delayed-by-thousands-milf-combatants/
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and poverty-stricken communities. |
Review of Agreement
2014
The Framework Agreement on the Bangsamoro, Annex on Transitional Arrangements and Modalities, and Annex on Normalization call for periodic evaluation of the implementation progress of the Comprehensive Agreement on the Bangsamoro. In July 2013, the Third Party Monitoring Team (TPMT) was formed to monitor, verify and report progress on all provisions in agreements signed between the MILF and the GRP in accordance with the 2012 Framework Agreement on the Bangsamoro.[1] The TPMT issued its first Public Report in February 2014.[2]
In 2014, the Joint Normalization Committee was formed with a broad mandate of coordinating and assessing implementation procedures.[3]
[1] “Independent body to monitor implementation of Philippine-MILF peace pact,” Xinhua General News Service, July 9, 2013.
[2]“Press Release: Third-Party Monitoring Team Issues its first Public Report,” Third-Party Monitoring Team, February 28, 2014.
[3] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
The Third Party Monitoring Team continued to operate in 2018.[1]
[1] “May 2018 session,” Third Party Monitoring Team, http://tpmt.ph/may-2018-session.
2019
The Third Party Monitoring Team continued to operate in 2019.
2020
The Third Party Monitoring Team continued to operate in 2020.
2021
The peace process actors have constantly been reviewing the agreement’s compliance. As the implementation slowed down and the BTA is behind schedule to pass key legislative priorities, the normalization deadline of 2022 is now extended to 2025.
Framework Agreement on the Bangsamoro (October 12, 2012)
VII. TRANSITION AND IMPLEMENTATION
12. At the end of the transition period, the GPH and MILF Peace Negotiating Panels, together with the Malaysian Facilitator and the Third Party Monitoring Team, shall convene a meeting to review, assess or e valuate the implementation of all agreements and the progress of the transition. An Exit Document’ officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
I. THE TRANSITION PROCESS
H. Exit Document
The Parties’ respective negotiating panels, together with the Malaysian Facilitator and Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An Exit Document officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented. |
Police Reform
2014
The Framework Agreement on the Bangsamoro and Annex on Normalization in the Comprehensive Agreement on the Bangsamoro mandate the creation of a Bangsamoro police force accountable to both the Philippines and Bangsamoro governments. In September 2013, the government-MILF peace panels formed the Independent Commission on Policing, charged with a 6-month-long mission of initiating proposals and making recommendations related to the establishment of the police force in the future Bangsamoro.[1]
The Bangsamoro Basic Law draft provides for the creation of a Bangsamoro police force as part of the national police force.[2] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [3] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[4] which he submitted to Congress on September 10.[5] [6] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “Gov’t, MILF peace panels form body on Bangsamoro police force,” Philippines Daily Inquirer, September 18, 2013.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article XI.
[3] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[4] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[5] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[6] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018. [1] The law required the establishment of a regional police force and waived certain eligibility requirements for joining the police force for MILF and MNLF fighters.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article XI, Section 2.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] In accordance with the law, the police force in Bangsamoro was reorganized in September.[2] The law required the establishment of a regional police force and waived certain eligibility requirements for joining the police force for MILF and MNLF fighters.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Napolcom approves reorganization, renaming of PRO ARMM to PRO BAR,” Manila Bulletin, September 24, 2019.
[3] “Republic Act No. 11054,” Article XI, Section 2.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] In accordance with the law, the police force in Bangsamoro was reorganized in September.[2] The law required the establishment of a regional police force and waived certain eligibility requirements for joining the police force for MILF and MNLF fighters.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Napolcom approves reorganization, renaming of PRO ARMM to PRO BAR,” Manila Bulletin, September 24, 2019.
[3] “Republic Act No. 11054,” Article XI, Section 2.
2021
Following the Bangsamoro Basic Law of January 2019, the police force in Bangsamoro was reorganized in September 2019. However, the law requires the establishment of a regional police force composed of MILF and MNLF fighters. Further, the signatories agreed to establish 11 Joint Peace and Security Teams (JPST) barracks and create 200 Joint Peace and Security Teams comprising the Armed Forces of the Philippines (AFP), the Philippines National Police (PNP), and the MILF’s Bangsamoro Islamic Armed Forces (BIAF). The JPST will be the 6,000-strong force composed of 3,000 BIAF-MILF members and 3,000 government troops, of which 1,600 will be police and 1,400 soldiers.[1] As of 2021, 20 JPST teams are trained, of which only 14 teams have been deployed. The 30-personnel JPST is composed of 15 members from the AFP and PNP for the GPH side and 15 members from the BIAF-MILF side.[2]
[1] “Iqbal: Only 400 out of supposed 6,000-strong Bangsamoro joint peace security team trained,” Minda News, November 7, 2021.
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
3. As a matter of principle, it is essential that policing structure and arrangement are such that the police service is professional and free from partisan political control. The police system shall be civilian in character so that it is effective and efficient in law enforcement, fair and impartial as well as accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.
4. An independent commission shall be organized by the Parties to recommend appropriate policing within the area. The commission shall be composed representatives from the parties and may invite local and international experts on law enforcement to assist the commission in its work.
6. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro. The Parties agree to continue negotiations on the form, functions and relationship of the police force of the Bangsamoro taking into consideration the results of the independent review process mentioned in paragraph 4. |
Paramilitary Groups
2014
The Framework Agreement on the Bangsamoro called for the disbandment of paramilitary groups.
No developments observed this year.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law included some language regarding the disbandment of the paramilitary groups. The law waived certain eligibility requirements for joining the police force for MILF and Moro National Liberation Front (MNLF) fighters.[2] In addition, it obligated the National and Regional governments to establish programs to rehabilitate MILF and MNLF fighters.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article XI, Section 2.
[3] “Republic Act No. 11054,” Article XVI, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 20191.[1] The law included some language regarding the disbandment of the paramilitary groups. The law waived certain eligibility requirements for joining the police force for MILF and MNLF fighters.[2] Additionally, it obligated the national and regional governments to establish programs to rehabilitate MILF and MNLF fighters.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XI, Section 2.
[3] “Republic Act No. 11054,” Article XVI, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law included some language regarding the disbandment of the paramilitary groups. The law waived certain eligibility requirements for joining the police force for MILF and MNLF fighters.[2] In addition, it obligated the national and regional governments to establish programs to rehabilitate MILF and MNLF fighters.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XI, Section 2.
[3] “Republic Act No. 11054,” Article XVI, Section 1.
2021
The Bangsamoro Basic Law ratified in 2019 includes some language regarding the disbandment of paramilitary groups. [1] The National Task Force for the Disbandment of PAGs (NTF-DPAGs) has ongoing security assessment and inventory of private armed groups (PAGs) in the region, and the DPAGs had an awareness campaign. However, there was no report of any private armed groups being disbanded.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups. |
Natural Resource Management
2014
The GPH-MILF Decision Points, Framework Agreement on the Bangsamoro, Annex on Revenue Generation and Wealth Sharing, Annex on Power Sharing, and Addendum on the Bangsamoro Waters stipulate the conditions of Bangsamoro and Philippine government authority over natural resources and their revenues in the Bangsamoro Autonomous Region. The Bangsamoro Basic Law draft recognizes Bangsamoro ownership of all inland waters (lakes, river systems and streams) within the Bangsamoro Autonomous Region, delineating their appropriate preservation and management as falling under the Bangsamoro jurisdiction.[1] The BBL further outlines management of all natural resources as a power exclusive to the Bangsamoro government. [2] The Bangsamoro Basic Law draft delineates the allocation of income from natural resources in Bangsamoro. All revenues from non-metallic minerals will go to the Bangsamoro, revenues from fossil fuels and uranium will be shared evenly between the central and Bangsamoro governments, and Bangsamoro will receive 75% of revenues from metallic minerals while the central government receives the remaining 25%.[3]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article III, Section 4.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 3.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article XII, Section 32.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law established revenue sharing for natural resource profits between the National and Regional Government, as well as revenue sharing between the Regional Government and local governments. Additionally, the law required that indigenous groups be given an equal share of profits from resources on their land, although the specific mechanism and percentages were to be defined in a later law.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article XII, Sections 34, 35, and 36.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 20191.[1] The law established revenue sharing for natural resource profits between the national and regional governments and revenue sharing between the regional and local governments. Additionally, the law required that Indigenous groups be given an equal share of profits from resources on their land, although the specific mechanism and percentages were to be defined in later law.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XII, Sections 34, 35, and 36.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 20191.[1] The law established revenue sharing for natural resource profits between the national and regional governments, as well as revenue sharing between the regional government and local governments. Additionally, the law required that Indigenous groups be given an equal share of profits from resources on their land. However, the specific mechanism and percentages were to be defined in later law.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XII, Sections 34, 35, and 36.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 20191.[1] The law established revenue sharing for natural resource profits between the national and regional governments and revenue sharing between the regional and local governments. Additionally, the law required that Indigenous groups be given an equal share of profits from resources on their land, although the specific mechanism and percentages were to be defined in later law.[2]
The BBL defined a 25% to 75% revenue-sharing criterion that has yet to be implemented, and no progress has been made on the exploration, development, and utilization of natural resources.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XII, Sections 34, 35, and 36.
[3] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
GPH-MILF Decision points (April 24, 2010)
7. The Parties agree that wealth creation (or revenue generation and sourcing) is important. The Parties also acknowledge the power of the new political entity to create its own sources of revenue, subject to limitations as may be mutually agreed upon by the parties, and to have a just share in the revenues generated through the exploration, development or utilization of natural resources.
Framework Agreement on the Bangsamoro (October 12, 2012)
IV. REVENUE GENERATION AND WEALTH SHARING
4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.
8. The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives. Annex on Revenue Generation and Wealth Sharing (July 13, 2013) VII. Natural Resources
Government income derived from the exploration, development and utilization of all natural resources within the Bangsamoro shall be allocated as follows:
1. With respect to non-metallic minerals (sand, gravel, and quarry resources) within the Bangsamoro, such revenues shall pertain to the Bangsamoro and its local government units.
2. With respect to metallic minerals within the Bangsamoro, seventy five percent (75%) of such revenues shall pertain to the Bangsamoro.
3. With respect to fossil fuels (petroleum, natural gas, and coal) and uranium, the same shall be shared equally between the Central and Bangsamoro governments. Both Parties shall endeavor to provide for a review mechanism in the Basic Law with regard to this sharing arrangement.
The shares of the Bangsamoro above shall include those for its constituent local government units, as shall be provided by law.
The Bangsamoro Sustainable Development Body referred to in the Framework Agreement (Part IV, Sec. ) shall get funding support from the proceeds of the revenues collected from these sources.
Annex on Powersharing (December 8, 2013) PART THREE DELINEATION OF POWERS
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
29. Ancestral domain and natural resources;
34. The Bangsamoro Basic Law will provide for the process that will transfer the management of national reserves and aquatic parks, forests and watershed reservations, and other protected areas already defined by and under the authority of the Central Government;
37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;
PART FOUR OTHER MATTERS PERTAINING TO POWER SHARING
2. Mineral and Energy Resources
The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsamoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.
Addendum on the Bangsamoro Waters (January 25, 2014)
3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity. provided that the zones do not include the Bangsamoro Waters and the municipal Waters of all adjoining local government units.
7. The intergovernmental relations mechanism shall ensure the cooperation and coordination between the Central Government and the Bangsamoro Government on the exploration, development and utilization of non-living resources in the Zones of Joint Cooperation and determine the sharing of income and revenues derived therefrom.
9. The Bangsamoro people, other indigenous peoples in the adjoining provinces, and the resident fishers in the Bangsamoro shall have preferential rights over fishery, aquamarine, and other living resources in the Zones of Joint Cooperation. |
Minority Rights
2014
The Framework Agreement on the Bangsamoro required the central government to guarantee the rights of the Bangsamoro.
The Bangsamoro Basic Law draft includes a passage requiring the central government to protect the rights of the Bangsamoro.[1] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [2] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[3] which he submitted to Congress on September 10.[4] [5] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article VI, Section 10.
[2] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[3] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[4] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[5] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
The Bangsamoro Basic Law draft includes a passage requiring the central government to protect the rights of the Bangsamoro.[1] Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[2] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article VI, Section 10.
[2] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
The Bangsamoro Basic Law draft includes a passage requiring the central government to protect the rights of the Bangsamoro.[1] Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[2] The BBL was not passed in 2016.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article VI, Section 10.
[2] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] The law also obligates the Bangsamoro Parliament to take steps to address human rights violations.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] The law also obligates the Bangsamoro Parliament to take steps to address human rights violations.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] The law also obligates the Bangsamoro Parliament to take steps to address human rights violations.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 1.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] The law also obligates the Bangsamoro Parliament to take steps to address human rights violations.[3] The Indigenous Peoples Code still remains pending.[4]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 1.
[4] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHS
4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development.
|
Military Reform
2014
The Framework Agreement on the Bangsamoro calls for the transfer of power from the Armed Forces of the Philippines to the Bangsamoro police force. On this, there were no developments observed this year.
The Annex on Normalization stipulates the coordination between the Armed Forces of the Philippines in the Bangsamoro. The Bangsamoro Basic Law draft provides protocol for the coordination of national armed forces movement in the Bangsamoro.[1] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [2] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[3] which he submitted to Congress on September 10.[4] [5] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4494. Article XI, Section 17.
[2] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[3] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[4] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[5] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] However, the final version of the law removed draft language that would have established a Bangsamoro Military Command which would have given leadership preference to people from the Bangsamoro. In addition, the final law removed language requiring the National and Regional government to establish coordination protocols for armed forces movement.
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] However, the final version of the law removed draft language that would have established a Bangsamoro Military Command, which would have given leadership preference to people from the Bangsamoro. In addition, the final law removed language requiring the national and regional governments to establish coordination protocols for armed forces movement.
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] However, the final version of the law removed draft language that would have established a Bangsamoro Military Command, which would have given leadership preference to people from the Bangsamoro. In addition, the final law removed language requiring the national and regional governments to establish coordination protocols for armed forces movement.
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] However, the law’s final version removed draft language that would have established a Bangsamoro Military Command, which would have given leadership preference to people from the Bangsamoro. In addition, the final law removed language requiring the national and regional governments to establish coordination protocols for armed forces movement. While the planning for the redeployment of the AFP (Armed Forces of the Philippines) did not advance in 2021, the AFP and Joint Normalization Committee were said to be working on redeployment criteria and joint security assessment.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
6. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro. |
Judiciary Reform
2014
The Framework Agreement on the Bangsamoro dictates the formulation of justice institutions in the Bangsamoro and integration of the Shari’ah justice system. The Bangsamoro Basic Law stipulates changes in the administration of justice: “Administration of justice shall be in accordance with the relevant provisions of this Basic Law and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari’ah courts and the Shari’ah justice system in the Bangsamoro. The supremacy of Shari’ah and its application shall only be to Muslims.” [1] The BBL also delineates control over customary justice and Shari’ah courts and Shari’ah justice systems, as well as the Hisbah office for accountability, as exclusive to the Bangsamoro government. [2] The Bangsamoro Basic Law further outlines the jurisdiction and laws of Shari’ah courts in Bangsamoro.[3]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 2.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 3.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article X.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law stipulated the creation of a justice system in the Bangsamoro that was “administered in accordance with the unique cultural and historic heritage of the Bangsamoro.” The law additionally allowed for the use of Shari’ah law in cases involving Muslims and tribal law in cases involving indigenous persons.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article X, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law stipulated the creation of a justice system in the Bangsamoro that was “administered in accordance with the unique cultural and historic heritage of the Bangsamoro.” The law additionally allowed for the use of Shari’ah law in cases involving Muslims and tribal law in cases involving indigenous persons.[2] However, no changes in the judicial system were observed in 2019.
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article X, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law stipulated the creation of a justice system in the Bangsamoro that was “administered in accordance with the unique cultural and historic heritage of the Bangsamoro.” The law additionally allowed for the use of Shari’ah law in cases involving Muslims and tribal law in cases involving indigenous persons.[2] However, no changes in the judicial system were observed in 2020.
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article X, Section 1.
2021
The Bangsamoro Basic Law allows Shari’ah law in cases involving Muslims and tribal law in cases involving Indigenous persons.[1] However, no changes in the judicial system were observed in 2021. Also, no further information is available on alternative dispute resolution mechanisms.
[1] “Republic Act No. 11054,” Article X, Section 1.
GPH-MILF Decision points (April 24, 2010)
8. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The new political entity shall also have competence over the Shariah justice system.
Framework Agreement on the Bangsamoro (October 12, 2012)
III. Powers 3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims. 5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes:
a. The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts; b. Measures to improve the workings of local civil courts, when necessary; and c. Alternative dispute resolution systems.
6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.
Annex on Powersharing (December 8, 2013)
PART THREE DELINEATION OF POWERS
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution; |
Internally Displaced Persons
2014
The Agreement on the General Framework, Agreement on Peace, and Framework Agreement on the Bangsamoro required the central government and MILF to facilitate the return of displaced persons to the Bangsamoro.
No developments observed this year.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law required the National and Bangsamoro governments to implement programs to address the needs of internally displaced persons.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article XIV, Section 1.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the National and Bangsamoro Governments to implement programs to address the needs of internally displaced persons.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XIV, Section 1.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the National and Bangsamoro Governments to implement programs to address the needs of internally displaced persons.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XIV, Section 1.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the National and Bangsamoro Governments to implement programs to address the needs of internally displaced persons, including non-Moro Indigenous people.[2] Local-level conflict displaced an estimated 350,000 persons in Marawi.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article XIV, Section 1.
[3] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Agreement on the General Framework (March 24, 2001)
Article VI To pave the way for the immediate normalization of the situation in Mindanao, the Parties agree to undertake relief and rehabilitation measures for evacuees, and joint development projects in the conflict affected areas.
Agreement on Peace (June 22, 2001)
B. REHABILITATION ASPECT 3. The Parties shall safely return evacuees to their place of origin; provide all the necessary financial/material and technical assistance to start a new life, as well as allow them to be awarded reparations for their properties lost or destroyed by reason of the conflict.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and poverty-stricken communities. |
Amnesty
2014
The Annex on Normalization required the government to provide amnesty for crimes connected to the Mindanao conflict.
No developments observed this year.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
No developments observed this year.
2019
No developments observed this year.
2020
No developments observed this year.
2021
The process of implementing amnesty began. The TPMT (Third Party Monitoring Team) noted that the Department of Justice and the OPAPP (Office of the Presidential Adviser on Peace, Reconciliation, and Unity) were evaluating the list of the MILF for charged and convicted crimes of MILF members. In February, the House of Representatives Committees on Justice and National Defense and Security had a joint hearing on four proclamations (No. 1090, 1091, 1092, and 1093) granting amnesty to members of the Moro Islamic Liberation Front (MILF), Moro National Liberation Front (MNLF), Rebolusyonaryong Partido ng Manggagawa ng Pilipinas/Revolutionary Proletarian Army/Alex Boncayao Brigade (RPMP-RPA-ABB), and former rebels of the Communist Terrorist Group (CTG).[1] The House of Representatives passed these proclamations in May. [2] Further, President Duterte signed Executive Order No. 125, creating the National Amnesty Commission (NAC).[3] The seven-member commission comprises a chairperson, two regular members, and four ex-officio members.[4] The National Amnesty Commission was processing cases, but the commission had not made any deliberation.[5]
[1] “House panels OK reports on amnesty resolutions for rebel groups.” 14 April 2021. https://www.pna.gov.ph/articles/1136738
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
[3] Ibid.
[4] “New National Amnesty Commission seen to aid peace efforts,” 10 February, 2021. https://www.rappler.com/nation/national-amnesty-commission-seen-to-aid-peace-efforts/
[5] “COVID-19 Delays Handover of Former Rebels’ Weapons in Southern Philippines,” Benar News. 15 September, 2021. https://www.benarnews.org/english/news/philippine/southern-philippines-former-separatist-rebels-09152021132549.html
Annex on Normalization (January 25, 2014)
J. Confidence-Building Measures
2. To facilitate the healing of the wounds of conflict and the return to normal life, the Government shall take immediate steps through amnesty, pardon and other available processes towards the resolution of cases of persons charged with or convicted of crimes and offenses connected to the armed conflict in Mindanao. |
Indigenous Minority Rights
2014
The Framework Agreement on the Bangsamoro, Annex on Power Sharing and Comprehensive Agreement on the Bangsamoro, stipulates recognition and protection of the Bangsamoro identity, cultural and religious associations, community traditions and customary justice. The Bangsamoro Basic Law draft provides for “protection of the rights of the indigenous people in Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples,” and calls for the Bangsamoro Parliament to create an office as part of the Bangsamoro Cabinet committed to developing and implementing programs for indigenous people. [1]
The Bangsamoro Basic Law also contains language providing for recognition of the Bangsamoro identity.[2] The BBL also provides for action by the Bangsamoro government to adopt measures to promote and protect indigenous rights, customs, traditions, justice systems, political structures, land, and political participation. [3]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 3.
[2] Bangsamoro Basic Law: House Bill No. 4994.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 5.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law required the regional government to implement laws to protect the following rights: native titles, indigenous customs, indigenous political/judicial structures, revenue sharing for resources in ancestral lands, informed consent, participation in the regional government, basic services, and freedom to choose an ethnic identity. In addition, the regional government is obligated to create a ministry for indigenous peoples.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 3.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the regional government to implement laws to protect the following rights: native titles, Indigenous customs, Indigenous political/judicial structures, revenue sharing for resources in ancestral lands, informed consent, participation in the regional government, basic services, and freedom of choice of ethnic identity. The new Bangsamoro Transition Authority established the Ministry of Indigenous People’s Affairs and named a minister in February 2019.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Murad vows a government ‘free of all the ills of governance;’ names 10 ministers, Minda News, February 27, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the regional government to implement laws to protect the following rights: native titles, Indigenous customs, Indigenous political/judicial structures, revenue sharing for resources in ancestral lands, informed consent, participation in the regional government, basic services, and freedom of choice of ethnic identity. The new Bangsamoro Transitional Authority established the Ministry of Indigenous People’s Affairs and named a minister in February 2019.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Murad vows a government ‘free of all the ills of governance;’ names 10 ministers, Minda News, February 27, 2019.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law required the regional government to implement laws to protect the following rights: native titles, Indigenous customs, Indigenous political/judicial structures, revenue sharing for resources in ancestral lands, informed consent, participation in the regional government, basic services, and freedom of choice of ethnic identity. The new Bangsamoro Transition Authority established the Ministry of Indigenous People’s Affairs and named a minister in February 2019.[2] As of December 2021, the BARMM parliament was yet to pass the Indigenous Peoples Code.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Murad vows a government ‘free of all the ills of governance;’ names 10 ministers, Minda News, February 27, 2019.
[3] “BARMM starts consultations on draft local governance code,” Philippine News Agency, February 9, 2022. https://www.pna.gov.ph/articles/1167423
Declaration of Continuity for Peace Negotiations (June 3, 2010)
The Parties discussed points of consensus on an Interim Agreement with a view of moving towards the Comprehensive Compact to bring a negotiated political settlement. The Parties considered the following :
• In reframing the consensus points on Ancestral Domain, respect the existing property and community rights taking into account in particular the rights of indigenous people in accordance with the UN Declaration on the Rights of Indigenous Peoples; • As a general principle indigenous peoples who originally inhabit particular constituent units shall receive protection and enjoy equal rights similar to those enjoyed by the Moro’s taking into account in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
Framework Agreement on the Bangsamoro (October 12, 2012)
I. Establishment of the Bangsamoro
5. The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.
Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected.
III. Powers
6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.
VI. BASIC RIGHTS
3. Indigenous peoples’ rights shall be respected.
Annex on Powersharing (December 8, 2013) PART THREE DELINEATION OF POWERS III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters: 30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions; 39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution;
Comprehensive Agreement on the Bangsamoro (March 27, 2014)
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic, and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.
PRINCIPLES OF IMPLEMENTATION
The Parties acknowledge the identity and legitimate grievances of the Bangsamoro. In the same vein, they affirm the commitment to mutually respect the right to one’s identity and the parity of esteem of everyone in the political community.
|
Human Rights
2014
In the General Framework of Agreement of Intent (1998) and Agreement on Peace (2001), both parties affirmed their commitment to observe the principles of human rights in accordance with the Charter of the UN and the Universal Declaration of Human Rights. In 2014, extrajudicial killings, torture, and enforced disappearances remained common in the Philippines. However, the scope and frequency of these abuses has declined since 2010 when Aquino took office. The year also saw strides towards accountability with investigations and arrests of human rights abusers.[1]
The General Framework of Agreement of Intent, Agreement on Peace, GPH-MILF Decision Points, and Framework Agreement on the Bangsamoro stipulates the respect for human rights in the Bangsamoro Autonomous Region. The Bangsamoro Basic Law draft guarantees the following rights in Bangsamoro: right to life, dignity, freedom and expression of religion and beliefs, privacy, freedom of speech, express political opinion and pursue democratically political aspirations, seek constitutional change by peaceful legitimate means, of women to meaningful political participation and protection from violence, freely choose residence, equal opportunity and non-discrimination, establish cultural and religious associations, freedom from religious, ethnic and sectarian harassment, right to redress grievances and due process of law, and right to free public education in elementary and high school levels. [2]
It further called for respect for all human rights in accordance with international human rights and humanitarian standards: “The rights under the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR) and other international humanitarian rights instruments shall be guaranteed by the Central Government and the Bangsamoro Government.” [3]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “World Report 2015: Philippines, Events of 2014,” Human Rights Watch, 2015.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 1.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 2.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
In 2015, extrajudicial killings, child labor, torture, and disappearances remained common. The year also saw forced relocation and increased attacks against indigenous people by the military and paramilitary groups.[2]
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
[2] “Philippines: Events of 2015,” Human Rights Watch, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] In addition, the law obligates the Bangsamoro government to protect religious freedom,[3] local customs,[4] as well as labor organization and bargaining.[5]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 5.
[4] “Republic Act No. 11054,” Article IX, Section 4.
[5] “Republic Act No. 11054,” Article IX, Section 10.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] In addition, the law obligates the Bangsamoro Government to protect religious freedom,[3] local customs,[4] as well as labor organization and bargaining.[5]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 5.
[4] “Republic Act No. 11054,” Article IX, Section 4.
[5] “Republic Act No. 11054,” Article IX, Section 10.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2]Additionally, the law obligates the Bangsamoro Government to protect religious freedom[3] and local customs,[4] as well as labor organization and bargaining.[5]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 5.
[4] “Republic Act No. 11054,” Article IX, Section 4.
[5] “Republic Act No. 11054,” Article IX, Section 10.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019.[1] The law established the Bangsamoro Human Rights Commission, with specific obligations to be decided by the regional parliament.[2] The law also obligates the Bangsamoro government to protect religious freedom[3] and local customs,[4] as well as labor organization and bargaining.[5]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Republic Act No. 11054,” Article IX, Section 7.
[3] “Republic Act No. 11054,” Article IX, Section 5.
[4] “Republic Act No. 11054,” Article IX, Section 4.
[5] “Republic Act No. 11054,” Article IX, Section 10.
General Framework (March 24, 1998)
Article II The Parties affirm their commitment to protect and respect human rights in accordance with the principles set forth in the Charter of the United Nations, and the Universal Declaration of Human Rights.
Agreement on Peace (June 22, 2001)
B. REHABILITATION ASPECT
1. The observance of international humanitarian law and respect for internationally recognized human rights instruments and the protection of evacuees and displaced persons in the conduct of their relations reinforce the Bangsamoro people’s fundamental right to determine their own future and political status.
GPH-MILF Decision points (April 24, 2010)
10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
a. Right to life and to inviolability of one’s person and dignity; b. Right to freedom and expression of religion and beliefs; c. Right to privacy; d. Right to freedom of speech; e. Right to express political opinion and pursue democratically political aspirations; f. Right to seek constitutional change by peaceful and legitimate means; g. Right of women to meaningful political participation, and protection from all forms of violence; h. Right to freely choose ones place of residence and the inviolability of the home; i. Right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender or ethnicity; j. Right to establish cultural and religious associations; k. Right to freedom from religious, ethnic and sectarian harassment; and l. Right to redress of grievances and due process of law.
Framework Agreement on the Bangsamoro (October 12, 2012)
VI. BASIC RIGHTS
1. In addition to basic rights already enjoyed, the following rights of all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
a. Right to life and to inviolability of one’s person and dignity; b. Right to freedom and expression of religion and beliefs; c. Right to privacy; d. Right to freedom of speech; e. Right to express political opinion and pursue democratically political aspiration; f. Right to seek constitutional change by peaceful and legitimate means; g. Right of women to meaningful political participation, and protection from all forms of violence; h. Right to freely choose one’s place of residence and the inviolability of the home; i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity; j. Right to establish cultural and religious associations; k. Right to freedom from religious, ethnic and sectarian harassment; and l. Right to redress of grievances and due process of law.
2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually.
3. Indigenous peoples’ rights shall be respected.
4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development. |
Electoral/Political Party Reform
2014
The Framework Agreement on the Bangsamoro and Annex on Power Sharing and Comprehensive Agreement on the Bangsamoro mandate the governance structure of the Bangsamoro Autonomous Region and creation of a Bangsamoro political entity. On April 9, 2014, the MILF declared the formation of its political party the United Bangsamoro Justice Party.[1] In November, the party vocalized its plans to finalize its organizational structure and ultimately register in the Commission on Elections.[2]
The Bangsamoro Basic Law draft provides for the creation, composition, and representation of legislative and executive authority of the Bangsamoro Autonomous Region.[3] The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “Philippine rebel group forms political party,” Deutsche Presse-Agentur, April 16, 2014.
[2] “Philippines’ largest Muslim rebel to form political party for national election,” Xinhau General News Service, November 2, 2014.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article VII.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
On May 6, the MILF registered its political party, the United Bangsamoro Justice Party (UBJP) with the Commission on Elections.[1]
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[2] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines: MILF committed to parliamentary struggle,” Gulf News, May 11, 2015.
[2] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law established a democratic electoral process for the regional parliament, and outlined procedures for the selection of a Chief Minister.[2] [3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IV, Sections 2 and 3.
[3] “Republic Act No. 11054,” Article IV, Section 4.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The United Bangsamoro Justice Party continued to be a legally registered political party and campaigned for the ratification of the BBL.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “MILF political party to focus on plebiscite, stay out of May 2019 polls, Philippines Star, October 8, 2018.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The United Bangsamoro Justice Party continued as a legally registered political party and campaigned for the ratification of the BBL.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “MILF political party to focus on plebiscite, stay out of May 2019 polls, Philippines Star, October 8, 2018.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The United Bangsamoro Justice Party, a political party of MILF, continued to be a legally registered political party and campaigned for the ratification of the BBL.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “MILF political party to focus on plebiscite, stay out of May 2019 polls, Philippines Star, October 8, 2018.
Annex on Powersharing (December 8, 2013)
PART TWO GOVERNANCE STRUCTURE
3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts; The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;
Comprehensive Agreement on the Bangsamoro (March 27, 2014)
PRINCIPLES OF IMPLEMENTATION
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representative of the diversity of the populace, and accountable to the communities therein.
|
Donor Support
2014
The Framework Agreement on the Bangsamoro and Annex on Normalization call for multi-donor support for the implementation phase of the Comprehensive Agreement on the Bangsamoro.
In 2006, the World Bank initiated the Mindanao Trust Fund (MTF) and Reconstruction and Development Program with coordination from the Bangsamoro Development Agency. The MTF aims to consolidate international assistance to support the development of conflict-affected communities in Mindanao. In 2006, the fund attracted donations from Canada, Australia, New Zealand, Sweden, in addition to World Bank donations, totaling 2.74 million USD .[1] In 2007, the MTF accumulated $6 million USD in donations from Australia, Canada, the European Commission, New Zealand, Sweden, and the World Bank.[2] The same donors contributed a total of 8.3 million USD in 2008.[3] With the addition of the United States to the list of donors, contributions in 2009 totaled 10.8 million USD,[4] 13.3 million USD in 2010,[5] and 15.8 million USD in 2011,[6] 16.3 million USD in 2012,[7] and 17.47 million USD in 2013.[8] In 2014, with the signing of the Comprehensive Agreement on the Bangsamoro, support for the MTF expanded rapidly, receiving a total of 28.878 million USD from the EU, Sweden, Australia, Canada, the World Bank, the United States and New Zealand.[9]
[1] Mindanao Trust Fund reconstruction and development program : annual report 2006, World Bank, 2007.
[2] Mindanao Trust Fund reconstruction and development program : annual report 2007, World Bank, 2008.
[3] Mindanao Trust Fund reconstruction and development program : annual report 2008, World Bank, 2009.
[4] Mindanao Trust Fund reconstruction and development program : annual report 2009, World Bank, 2010.
[5] Mindanao Trust Fund reconstruction and development program : annual report 2010, World Bank, 2011.
[6] Mindanao Trust Fund reconstruction and development program : annual report 2011, World Bank, 2012.
[7] Mindanao Trust Fund reconstruction and development program : annual report 2012, World Bank, 2013.
[8] Mindanao Trust Fund reconstruction and development program : annual report 2013, World Bank, 2014.
[9] Mindanao Trust Fund reconstruction and development program : annual report 2014, World Bank, 2015.
2015
In 2015, the Mindanao Trust Fund (MTF) received a total of USD 28.8 million in donations from the European Union, Sweden, Australia, Canada, the World Bank, the United States, and New Zealand.[1]
[1] Mindanao Trust Fund reconstruction and development program : annual report 2015, World Bank, 2016.
2016
On April 26, the EU and UNDP launched the Support Peace-Bangsamoro project to be implemented from 2016 to mid-2017, funded by 1.2 million euros from the EU. The UNDP will implement the project, which aims to build the capacity of local leaders and stakeholders on public administration and parliamentary processes.[1]
As of June 30, the MTF has received a total of 27.78 million USD in 2016 from the EU, Sweden, Australia, Canada, the United States, the World Bank and New Zealand.[2]
[1] “Former Philippine rebels swap guns for spanners,” Gulf News (UAE), April 28, 2016.
[2] World Bank. 2016. Mindanao Trust Fund: Progress Report Number 42. Washington, DC: World Bank.
2017
The Support Peace-Bangsamoro project, which was initially scheduled to be implemented from 2016 to mid-2017, was extended to be implemented until December 31, 2018. In 2017, the project received a total of $1,090,202 in funding from the European Commission, Australia, and the UNDP.[1]
The Mindanao Trust Fund (MTF) and Reconstruction and Development Program, which had previously coordinated with the Bangsamoro Development Agency beginning in 2006, formally closed on March 31, 2017.[2]
Australia’s Partnership for Peace program pledged $12 million in support to maintain long-term stability and development in Mindanao between 2017-2022.[3]
[1] “Support Peace-Bangsamoro”, United Nations Development Programme, October 31, 2017.
[2] Multi Donor Facility – Ph Mindanao Reconconstruction and Development Implementation Status and Results Reports, The World Bank, March 31, 2017.
[3] “Improving conditions for peace and stability in the Philippines,” Australian Government Department of Foreign Affairs and Trade, 2017.
2018
In April 2018, the World Bank announced that the Mindanao Trust Fund for Reconstruction and Development would provide a 3.2 million USD development grant to the BDA, and that the Spanish Agency for International Development Cooperation (AECID) would provide an additional 1 million Euro.According to the World Bank estimate, between 2006 and 2017, the Mindanao Trust Fund financed projects that had provided “clean water, better roads, and more post-harvest facilities and access to farming and fishing equipment” to nearly 650,000 people.[1]
[1] “New funding for Mindanao Trust Fund to strengthen peace and development in southern Philippines,” The World Bank, April 10, 2018.
2019
Donors continued to provide support for the development of the Bangsamoro Autonomous Region in 2019. In June, the Government of Japan provided a 200 million USD loan for road development.[1] In November, the United States provided 1 billion pesos for programs, including health funding.[2] The Australian Government allocated 12 billion AUD in aid for the Bangsamoro from 2017 to 2020.[3]
[1] “Japan to fund Mindanao road network development project,” Government of the Philippines, June 19, 2019, https://reliefweb.int/report/philippines/japan-fund-mindanao-road-network-development-project
[2] “US pledges P1-B aid to Bangsamoro region,” Philippines Dailly Inquirer, November 24, 2019.
[3] “Envoy: Aussie education aid in Bangsamoro continuous, Business Mirror, October 3, 2019.
2020
On February 17, 2020, the government of Japan and the United Nations Populations Fund held a donor conference where they promised continued support for the process.[1]
[1] “International partners reaffirm commitment to support BARMM,” February 19, 2020, Office of the Presidential Adviser on the Peace Process, https://peace.gov.ph/2020/02/international-partners-reaffirm-commitment-to-support-barmm/
2021
In May 2021, the Bangsamoro government, the Office of the Presidential Advisor on the Peace Process, and the World Bank virtually launched the Bangsamoro Normalization Trust Fund (BNTF). This multicolor trust fund supports the normalization process.[1] Further, in its meeting in February 2021, the Intergovernmental Fiscal Policy Board (IFPB) cleared rules under which the BARMM would be able to deal with foreign donors directly after obtaining approval from the Department of Finance.[2]
[1] “GPH-MILF, WB put up Bangsamoro Normalization Trust Fund,” Philippine News Agency, May 21, 2021. https://www.pna.gov.ph/articles/1141013
[2] “Seventh Public Report,” Third Party Monitoring Team, January 2022.
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
11. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process. For this purpose, a Trust Fund shall be established through which urgent support, recurrent and investment budget cost will be released with efficiency, transparency and accountability. The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women, children, and internally displaced persons. |
Dispute Resolution Committee
2014
The Annex on Normalization calls for the Joint Normalization Committee to perform a dispute resolution function to address any conflict that arises during the implementation period. In 2014, the Joint Normalization Committee was formed with a broad mandate of coordinating and monitoring implementation procedures,[1] and was additionally tasked with managing and resolving disputes that may arise during execution.[2]
[1] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
[2] Terms of Reference for the Joint Normalization Committee, March 22, 2014.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
No developments observed this year.
2018
No additional developments observed this year.
2019
The Joint Normalization Committee continued to operate in 2019.
2020
The Joint Normalization Committee continued to operate in 2020.
2021
The Joint Normalization Committee continued to operate in 2021.
Annex on Normalization (January 25, 2014)
B. Transitional Components of Normalization
B1. Joint Normalization Committee
3. All disputes arising from the implementation of the normalization process shall be resolved at the level of the JNC before elevation to the Panels. |
Disarmament
2014
The Framework Agreement on the Bangsamoro and Annex on Normalization included in the Comprehensive Agreement on the Bangsamoro address the reduction and control of weapons. On May 6, 2014, the government and MILF announced the creation of the International Decommissioning Body, which is charged with decommissioning MILF forces and weapons, and is composed of three foreign and four local experts nominated by the Philippine government and the MILF. [1] In September, the government, MILF, and foreign experts of the Independent Decommissioning Body (IDB) met to discuss the initiation of the disarmament process.[2] The IDB began taking inventory of firearms and scheduled a symbolic weapons turnover in January 2015 to begin the disarmament process. At the initial turnover, the MILF had to surrender 75 functional firearms.[3]
[1] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
[2] “Philippines, MILF meet to start disarmament process,” Anadolu Agency, September 28, 2014.
[3] “Philippines peace process decommissioning set for January,” Anadolu Agency, December 3, 2014.
2015
On January 29, the MILF and Philippine Government finalized and signed the Protocol on the Implementation of the Terms of Reference of the Independent Decommissioning Body (IDB).[1] In addition to delineating the specific decommissioning and verification tasks to be undertaken by the IDB, the Protocol outlined a four-phase process in which, by the end of phase four, all MILF weapons, arms, and combatants would be decommissioned.[2]
On June 16, the first phase of the decommissioning of MILF weapons and combatants began in Sultan Kudarat, Maguindanao. The MILF turned over 55 high-powered weapons and 20 crew-served weapons to the IDB.[3]
[1] “Philippines government, rebel group sign pact to decommission firearms,” BBC Monitoring Asia Pacific, January 31, 2015.
[2] Protocol on the Implementation of the Terms of Reference (TOR) of the Independent Decommissioning Body (IDB). January 25, 2015.
[3] “Philippine rebels begin process of giving up arms,” BBC Worldwide Monitoring, June 16, 2015.
2016
No developments observed this year.
2017
No disarmament was observed this year. The fact that the MILF conducted ongoing military operations against other militant groups in the region indicates that much of MILF forces remained armed throughout 2017.[1]
[1] “Philippines troops, rebels team up against Marawi militants,” BBC Monitoring Asia Pacific, September 7, 2017.
2018
No additional developments observed this year.
2019
Phase two of the demobilization process included the disarmament of demobilized MILF fighters. On September 7th, 2019, one thousand MILF fighters were demobilized and disarmed.[1]
[1] “Handing over weapons: M.I.L.F combatants commit to peace in the Bangsamoro,” Norwegian Refugee Council, October 7, 2019, https://www.nrc.no/expert-deployment/2016/2019/handing-over-weapons/
2020
Limited disarmament of former MILF combatants continued in 2020. On February 18th, the Bangsamoro government reported that 106 MILF combatants went through decommissioning by the Independent Decommissioning Body (IDB).[1]
[1] “Phase II of MILF-BIAF decommissioning resumed,” February 19, 2020, Bangsamoro Autonomous Region in Muslim Mindanao Bureau of Public Information, https://bangsamoro.gov.ph/latest-news/phase-ii-of-milf-biaf-decommissioning-resumed/
2021
Limited disarmament of former MILF combatants continued in 2021. After 75 weapons were collected from 145 combatants who participated in the first round of the decommissioning process, 2,100 weapons were collected from 12,000 combatants in the second round, completed in March 2020. The Independent Decommissioning Body started the third round of the decommissioning process in November 2021 with the target of decommissioning 14,000 combatants. Still, the number of weapons to be collected from these combatants is not available. [1]
[1] “Seventh Public Report,” Third Party Monitoring Team, January 2022; “Decommissioning process delayed by 21,000 MILF combatants – Galvez,” Rappler, September 15, 2021. https://www.rappler.com/nation/carlito-galvez-jr-says-decommissioning-delayed-by-thousands-milf-combatants/
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups. |
Economic and Social Development
2014
The Agreement on the General Framework on the Resumption of Peace Talks, the Agreement on Peace, the Framework Agreement on the Bangsamoro, the Annex on Revenue Generation and Wealth Sharing, and the Annex on Normalization (all included in the Comprehensive Agreement on the Bangsamoro) stipulate that all parties prioritize socio-economic development and actively launch initiatives in pursuit of this objective.
The MILF created the Bangsamoro Development Agency (BDA) in 2002 which launched development initiatives in the Bangsamoro region in accordance with the 2001 Agreement on Peace between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front, which was reaffirmed by the 2014 Comprehensive Agreement on the Bangsamoro. With support from the Mindanao Trust Fund (MTF), the BDA implemented 53 projects between 2006 and 2009. In 2009, the BDA announced the launch of 36 additional development projects. In May 2011, the Bangsamoro Development Agency expanded its service to include the provinces of Sulu and Tawi-Tawi.[1] In 2014, the BDA implemented programs on peacebuilding, social welfare, economic development, education, health, environmental advocacy, and capacity building and strengthening.[2]
In 2013, the Bangsamoro Development Agency and the Japan International Cooperation Agency, with support from the Philippine government, began a comprehensive capacity development project in the Bangsamoro. In 2014, the Bansamoro Development Agency launched the Bangsamoro Development Plan, charged with implementing strategies and recommendations for socio-economic development with both a medium- and long-term vision.[3]
The Sajahatra Bangsamoro Program was developed in February 2013 as a joint MILF-GPH endeavor tasked with improving development in the Bangsamoro specifically with respect to health, education, and living conditions.[4]
[1] Philippines: Moro’s development arm to expand operation to Sulu, Tawi-Tawi,” BBC Worldwide Monitoring, May 24, 2011.
[2] Bangsamoro Development Agency Annual Report 2014, Bangsamoro Development Agency, 2014.
[3] Bangsamoro Development Agency Annual Report 2014, Bangsamoro Development Agency, 2014.
[4] “DA crafting socioeconomic program for Bangsamoro,” Business Mirror, March 27, 2014..
2015
In 2015, the Bangsamoro Development Agency continued to initiate and operate programs related to peacebuilding, health, social welfare, education, economic development, environmental management, youth development, and capacity building and strengthening. Implementation and expansion of the Bangsamoro Development Plan continued.[1] Operations of the Sajahatra Bangsamoro Program also continued in 2015.[2]
[1] BDA. 2015. BDA Accomplishments 2015.
[2] “Aquino vows more ‘Bangsamoro’ aid,” Manila Times, February 19, 2016.
2016
In 2016, the Bangsamoro Development Agency continued to initiate and operate programs in the region. Operations of the Sajahatra Bangsamoro Program also continued in 2016.[1] In June 2016, the Japan International Cooperation Agency completed a development plan for the Bangsamoro region called the Bangsamoro Development Plan 2, which outlines strategies for future development assistance and identifies a total of 81 proposed projects that may be funded by interested agencies.[2]
[1] “Aquino vows more ‘Bangsamoro’ aid,” Manila Times, February 19, 2016.
[2] “Japan agency completes development plan for Philippines’ Bangsamoro region,” BBC Monitoring Asia Pacific, June 29, 2016.
2017
In 2017, the Bangsamoro Development Agency continued to operate, although limited information was available on the specific programs conducted throughout the year. No developments on the Sajahatra Bangsamoro Program were observed in 2017.
2018
The Bangsamoro Development Agency (BDA) continued to operate in 2018. In April 2018, the World Bank announced that the Mindanao Trust Fund for Reconstruction and Development would provide a 3.2 million USD development grant to the BDA, and that the Spanish Agency for International Development Cooperation (AECID) would provide an additional 1 million Euro. According to the World Bank estimate, between 2006 and 2017, the Mindanao Trust Fund financed projects that had provided “clean water, better roads, and more post-harvest facilities and access to farming and fishing equipment” to nearly 650,000 people.[1] In addition, the BBL required the central government to provide a special development fund to the Bangsamoro government, in part for development.[2]
[1] “New funding for Mindanao Trust Fund to strengthen peace and development in southern Philippines,” The World Bank, April 10, 2018.
[2] “Republic Act No. 11054,” Article XIV, Section 2.
2019
The Bangsamoro Development Agency continued to operate in 2019. On November 30, 2019, the Bangsamoro Transition Authority passed a 66 billion peso budget for the new Bangsamoro Autonomous Region.[1] The national government also announced a 10-year block grant to the region.[2]
[1] “PhP 65.6-B budget for Bangsamoro 2020 approved; Education gets the biggest chunk,” December 1, 2019, Minda News.
[2] “Neda: Special fund to unlock potential of Bangsamoro Region,” Business Mirror, August 20, 2019.
2020
The Bangsamoro Development Agency continued to operate in 2020.
2021
The Bangsamoro Development Agency continued to operate in 2021.
|
Demobilization
2014
The Framework Agreement on the Bangsamoro and Annex on Normalization mandated decommissioning of MILF forces. On May 6, 2014, the government and MILF announced the creation of the International Decommissioning Body, which is charged with decommissioning MILF forces and weapons, and is composed of three foreign and four local experts nominated by the Philippine government and MILF. [1] However, demobilization did not begin until 2015.[2]
[1] “Philippine gov’t, MILF create normalization bodies,” Xinhua General News Service, May 6, 2014.
[2] “Philippine rebels begin process of giving up arms,” BBC Monitoring Asia Pacific, June 16, 2015.
2015
On January 29, the MILF and Philippine Government finalized and signed the Protocol on the Implementation of the Terms of Reference of the Independent Decommissioning Body (IDB).[1] In addition to delineating the specific decommissioning and verification tasks to be undertaken by the IDB, the Protocol outlined a four-phase process in which, by the end of phase four, all MILF weapons, arms, and combatants would be decommissioned.[2]
On June 16, the first phase of the decommissioning of MILF weapons and combatants began in Sultan Kudarat, Maguindanao. The MILF turned over 145 members of the MILF’s armed wing—the Bangsamoro Islamic Armed Forces (BILF)—who will return to civilian life.[3]
[1] “Philippines government, rebel group sign pact to decommission firearms,” BBC Monitoring Asia Pacific, January 31, 2015.
[2] Protocol on the Implementation of the Terms of Reference (TOR) of the Independent Decommissioning Body (IDB). January 25, 2015.
[3] “Philippine rebels begin process of giving up arms,” BBC Monitoring Asia Pacific, June 16, 2015.
2016
No developments observed this year.
2017
No demobilization was observed this year. The fact that the MILF conducted ongoing military operations against other militant groups in the region indicates that much of MILF forces remained mobilized throughout 2017.[1]
[1] “Philippines troops, rebels team up against Marawi militants,” BBC Monitoring Asia Pacific, September 7, 2017.
2018
Despite the passage of the BBL on July 26, 2018, several reports indicated that the MILF would not fully demobilize an estimated 11,000 fighters unless the BBL was fully implemented.[1] [2] There are no reports of new demobilizations or weapons surrenders as of September 5, 2018.
[1] “Passage of Mindanao autonomous region law improves outlook for demobilising Islamist militants in southern Philippines,” HIS Insights, July 25, 2018.
[2] “BBL will not bring lasting peace in Mindanao,” Economist Intelligence Unit, July 17, 2018.
2019
Phase two of the demobilization process was initiated on September 7th, 2019, when one thousand additional fighters were demobilized.[1] Twelve thousand MILF fighters were scheduled to be decommissioned in 2019; however, no additional demobilizations were reported.[2]
[1] “Handing over weapons: M.I.L.F combatants commit to peace in the Bangsamoro,” Norwegian Refugee Council, October 7, 2019, https://www.nrc.no/expert-deployment/2016/2019/handing-over-weapons/
[2] “Decommissioning of 12,000 MILF members may be finished by November,” April 25, 2019, Minda News.
2020
Limited demobilization of former MILF combatants continued in 2020. On February 18th, the Bangsamoro government reported that 106 MILF combatants went through decommissioning by the Independent Decommissioning Body (IDB).[1]
[1] “Phase II of MILF-BIAF decommissioning resumed,” February 19, 2020, Bangsamoro Autonomous Region in Muslim Mindanao Bureau of Public Information, https://bangsamoro.gov.ph/latest-news/phase-ii-of-milf-biaf-decommissioning-resumed/
2021
The MILF committed to demobilizing 40,000 combatants. In 2015, 145 combatants were demobilized in a ceremonial function in the first phase. The second phase took place in 2019, involving the demobilization of 12,000 combatants. The third phase involving the demobilization of 14,000 started in November 2021. Due to the COVID-19 pandemic and budget, only 7,000 combatants were expected to be demobilized in 2021. The remaining 21,000 MILF combatants will go through the decommissioning process, which is expected to be completed in 2024.[1]
[1] “Seventh Public Report,” Third Party Monitoring Team, January 2022; “Decommissioning process delayed by 21,000 MILF combatants – Galvez,” Rappler, September 15, 2021. https://www.rappler.com/nation/carlito-galvez-jr-says-decommissioning-delayed-by-thousands-milf-combatants/
Framework Agreement on the Bangsamoro (October 12, 2012)
VIII. NORMALIZATION
5. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.
7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.
8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.
9. The details of the normalization process and timetables for decommissioning shall be in an Annex on Normalization and shall form part of this Agreement. |
Decentralization/Federalism
2014
The Government of the Philippines (GPH)-MILF Decision Points, Framework Agreement on the Bangsamoro, Annex on Transitional Arrangements and Modalities, Annex on Revenue Generation and Wealth Sharing, Annex on Power Sharing agreements, and the final Comprehensive Agreement on the Bangsamoro stipulate decentralization processes and delineation of power between the central and Bangsamoro governments on issues related to political and fiscal jurisdiction.
President Aquino issued an executive order on December 17, 2012 creating the Transition Commission, which was charged with drafting the proposed Bangsamoro Basic Law (BBL). The Commission is composed of 15 members, 8 of which are chosen by the MILF and 7 of which are chosen by the government.[1]
On April 15, 2014, the Bangsamoro Transition Commission submitted the draft Bangsamoro Basic Law.[2] The BBL called for the creation of the Bangsamoro Autonomous Region and provided for the new entity’s political structure and delineated powers to the Philippine and Bangsamoro government in the form of reserved, concurrent, and exclusive powers. It delineates the transfer of authority of Bangsamoro historical and cultural sites from the central government to the Bangsamoro government[3] and for fiscal autonomy of the Bangsamoro Autonomous Region from the central government.[4] The BBL outlines management of all natural resources as a power exclusive to the Bangsamoro government. [5]
On August 20, the MILF submitted a final draft of the BBL to President Aquino,[6] which he submitted to Congress on September 10.[7] [8] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “Philippine president forms Transition Commission to draft Bangsamoro basic law,” Xinhua General News Service, December 17, 2012.
[2] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 21.
[4] Bangsamoro Basic Law: House Bill No. 4994. Article XII.
[5] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 3.
[6] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[7] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[8] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law created the Bangsamoro Autonomous Region, delineated the powers of the Bangsamoro Government[2] and created the Intergovernmental Relations Mechanism to manage the relationship between the central and regional governments.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article V, Section 2.
[3] “Republic Act No. 11054,” Article VI, Section 2.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The 80-member Bangsamoro Transition Authority (BTA) was sworn in on February 22, 2019. The BTA is responsible for the governance of the newly created Bangsamoro Autonomous Region until elections are held in 2022.[2] In December, the BTA noted that work had begun on seven bills that would serve as a legal basis for the new government.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “From ARMM to BARMM: Transition government to be the voice of Bangsamoro aspirations,” Philippine Information Agency, February 24, 2019.
[3] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The 80-member Bangsamoro Transition Authority (BTA) was sworn in on February 22, 2019. The BTA is responsible for the governance of the newly created Bangsamoro Autonomous Region until elections are held in 2022.[2] In December, the BTA noted that work had begun on seven bills that would serve as a legal basis for the new government.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “From ARMM to BARMM: Transition government to be the voice of Bangsamoro aspirations,” Philippine Information Agency, February 24, 2019.
[3] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2021
With the passage of the Bangsamoro Basic Law in January 2019 and the establishment of the Bangsamoro Transition Authority (BTA) sworn in February 2019, the BARMM is functioning as an autonomous region. The BTA chief and MILF leader Murad Ebrahim asked for more time to implement the BBL for delays related to the COVID-19 pandemic. The BTA had priority legislation, including the administrative, revenue, electoral, local government, education, civil service, and Indigenous Peoples Codes. The BTA passed only the administrative, civil service, and education codes.[1] Therefore, the initially scheduled election was postponed until 2025 after the Philippine president signed Republic Act No. 11593 on October 29, 2021.[2]
[1] “BARMM starts consultations on draft local governance code,” Philippine News Agency, February 9, 2022. https://www.pna.gov.ph/articles/1167423
[2] “Duterte resets BARMM elections to 2025,” Philippine News Agency, October 29, 2021. https://www.pna.gov.ph/articles/1158190
GPH-MILF Decision points (April 24, 2010)
2. The Parties agree that the status quo is unacceptable and that the Parties will work for the creation of a new autonomous political entity in place of the ARMM.
4. The Parties agree that the new autonomous political entity shall have a ministerial form of government.
6. There will be power-sharing and wealth-sharing between the National Government and the new political entity. In the matter of power sharing, the National Government will have its reserved powers, the new political entity will have its exclusive powers, and there will be concurrent powers shared by the National Government and the new political entity.
The Parties agree that the following matters are reserved for the competence of the National Government:
a. defense and external security b. foreign policy c. common market and global trade (FOOTNOTE: The power to enter into economic agreements already allowed under R.A. 9054 shall be transferred to the new political entity.) d. coinage and monetary policy e. citizenship and naturalization f. postal service
Framework Agreement on the Bangsamoro (October 12, 2012) I. ESTABLISHMENT OF THE BANGSAMORO 1. The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political entity (NPE) referred to in the Decision Points of Principles as of April 2012. 2. The government of the Bangsamoro shall have a ministerial form. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law and to be implemented through legislation enacted by the Bangsamoro Government correlated with national laws. 3. The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro. The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code. II. BASIC LAW 1. The Bangsamoro shall be governed by a Basic Law. 2. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties. 3. The Basic Law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance. 4. It shall be formulated by the Bangsamoro people and ratified by the qualified voters within its territory. III. POWERS 1. The Central Government will have reserved powers, the Bangsamoro Government shall have its exclusive powers, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government. 3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims. IV. REVENUE GENERATION AND WEALTH SHARING 2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy. 3. The Bangsamoro will have the authority to receive grants and donations from domestic and foreign sources, and block grants and subsidies from the Central Government. Subject to acceptable worthiness, it shall also have the authority to contract loans from domestic and foreign lending institutions, except foreign and domestic loans requiring sovereign guaranty, whether explicit or implicit, which would require the approval of the Central Government. 4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties. 5. The Bangsamoro may create its own auditing body and procedures for accountability over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs. 6. The details of revenue and wealth sharing arrangements between the Central Government and the Bangsamoro Government shall be agreed upon by the Parties. The Annex on Wealth Sharing shall form part of this Agreement. 7. There shall be an intergovernmental fiscal policy board composed of representatives of the Bangsamoro and the Central Government in order to address revenue imbalances and fluctuations in financial needs and revenue-raising capacity. The Board shall meet at least once in six (6) months to determine necessary fiscal policy adjustments, subject to the principles of intergovernmental relations mutually agreed upon by both Parties. Once full fiscal autonomy has been achieved by the Bangsamoro then it may no longer be necessary to have a representative from the Central Government to sit in the Board. Fiscal autonomy shall mean generation and budgeting of the Bangsamoro’s own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or any donor. V. TERRITORY 2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitory Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. VII. TRANSITION AND IMPLEMENTATION 9. All devolved authorities shall be vested in the Bangsamoro Transition Authority during the interim period. The ministerial form and Cabinet system of government shall commence once the Bangsamoro Transition Authority is in place. The Bangsamoro Transition Authority may reorganize the bureaucracy into institutions of governance appropriate thereto. 10. The Bangsamoro Transition Authority shall ensure that the continued functioning of government in the area of autonomy is exercised pursuant to its mandate under the Basic Law. The Bangsamoro Transition Authority will be immediately replaced in 2016 upon the election and assumption of the members of the Bangsamoro legislative assembly and the formation of the Bangsamoro government. Annex on Transitional Arrangement and Modalities (February 27, 2013) I. THE TRANSITION PROCESS The parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro. C. The Bangsamoro Basic Law The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB. The proposed Basic Law shall be submitted to the Office of the President. The President shall submit the proposed Basic Law to Congress as a legislative proposal. The bill for the proposed Basic Law shall be certified as urgent by the President. F. Bangsamoro Transition Authority (BTA) The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government. II. Transition Mechanisms and Modalities B. The Bangsamoro Transition Authority (BTA) 1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA. Its members shall be appointed by the President. 2. The BTA shall be MILF-led. 3. The BTA shall serve as the main mechanism for the MILF’s leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro. 4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituent units shall carry out the principle underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization. 5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016. Annex on Revenue Generation and Wealth Sharing (July 13, 2013) 3. The Parties commit to jointly pursue measures to increase the Bangsamoros revenue generation and wealth creation capacity. The Central Government shall devolve powers to create sources of revenues and to levy taxes, fees and charges for the Bangsamoro Government to attain the highest form of fiscal autonomy. The power of the Bangsamoro to create its sources of revenues and to levy taxes, fees and charges shall be guided by the principles of devolution of powers, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency and fiscal autonomy. A. Taxing Powers 2. Where all taxable elements are within the Bangsamoro, capital gains tax, documentary stamp tax, donors tax and estate tax, shall be levied by the Bangsamoro and not by the national Bureau of Internal Revenue (BIR), and the same shall be provided in the Basic Law. Where all taxable elements are not situated entirely within the Bangsamoro, the intergovernmental fiscal policy board shall address problems relating to implementation. 4. Central Government taxes, fees and charges collected in the Bangsamoro, other than tariff and customs duties, shall be shared as follows: a. Twenty five (25%) percent to the Central Government b. Seventy five (75%) percent to the Bangsamoro, including the shares of the local government units. The Bangsamoro Basic Law may provide that the twenty-five percent (25%) due to the Central Government will be remitted to the Bangsamoro for a limited period of time. 5. To encourage investments and other economic activities, the Bangsamoro Government shall have the power to grant tax exemptions, rebates, tax holidays and other incentives with reference to Part C below. The Bangsamoro may also opt instead to impose a flat rate lump sum tax on small and medium enterprises. 6. The Bangsamoro shall have the power to establish offices for the purpose of assessing and collecting the taxes mentioned herein. II. Other Sources of Revenue B. The Bangsamoro shall have authority and control over existing government-owned and -controlled corporations and financial institututions operating exclusively in the Bangsamoro territory, after determination by the intergovernmental fiscal policy board of its feasibility. VI. Contracting of Loans and Overseas Development Assistance (ODA) The Bangsamoro shall have the authority to contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval. The Central Government shall assist the Bangsamoro in complying with the requirements for a speedy issuance of the sovereign guaranty, to finance local infrastructure and other socio-economic development projects in accordance with Bangsamoro- approved development plan. The Bangsamoro is also authorized to issue bonds, debentures, securities, collaterals, notes and obligations to finance self-liquidating, income producing development or livelihood projects pursuant to the priorities established in its approved development plan. Overseas Development Assistance (ODA) shall be availed of by the Bangsamoro to achieve inclusive growth and poverty reduction, particularly through the implementation of priority development projects for the attainment of the Millennium Development Goals. In pursuit of its development goals, the Bangsamoro may enter into build-operate-transfer type arrangements under public-private partnerships for the financing, construction, operation and maintenance of any financially viable infrastructure facilities. These arrangements may likewise be supported by foreign or domestic loans, in accordance with relevant laws. The Bangsamoro shall appropriate in its annual budget such amounts as are sufficient to pay their loans and other indebtedness incurred. The Bangsamoro may also redeem or retire bonds, debentures, notes and other obligations. The Bangsamoro may borrow from government financial institutions when it needs to finance its development needs. Annex on Powersharing (December 8, 2013) PART TWO GOVERNANCE STRUCTURE Bangsamoro Ministerial Government 1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law; 2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro; 3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts; The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws; 4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to the implemented through legislation enacted by the Bangsamoro Government and correlated with national laws; 5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government. The Chief Minister shall be elected by majority votes from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly; 6. The Bangsamoro assembly may remove the government of the day by a vote of no confidence of at least two-thirds of the assembly, in which case the government shall be reconstituted in accordance with the principles of a ministerial form of government. The Bangsamoro Basic Law shall provide for the manner of reconstitution; 7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister; 8. The minister shall constitute the cabinet, which will be convened and presided over by the Chief Minister, or in his or her absence and with his or her consents, the Deputy Chief Minister; 9. There shall be a Philippine Congress-Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives. PART THREE DELINEATION OF POWERS ll. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters: 1. Social security and pensions – The Bangsamoro Government may organize its own social security and pension systems alongside the existing Central Government social security and pensions systems. The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities. The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose; 2. Quarantine – There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on quarantine, 3. Land registration – The Bangsamoro Government, in accordance with the land registration system of the Central Government, shall administer land registration in the Bangsamoro territory through an office it shall create for the purpose. The Bangsamoro Government shall furnish copies of the titles, deeds and other instruments to the relevant Central Government agencies. The Bangsamoro Government can act on consultas. The Bangsamoro Government may institute processes to promote more efficient registration of lands in the Bangsamoro; 4. Pollution control – There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on pollution control; 5. Human rights and humanitarian protection and promotion — The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions; 6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsamoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice; 7. Auditing, as set forth in the Framework Agreement on the Bangsamoro and the Annex on Revenue Generation and Wealth Sharing; 8. Civil Service The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission; 9. Coastguard – The Central Government shall have primary responsibility over coastguard matters. There shall be cooperation and coordination over coastguard matters between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism; 10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsamoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction; 11. Administration of Justice – Administration of justice, in connection with the relevant provisions of the Framework Agreement on the Bangsamoro, and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari’ah courts and the Shari’ah justice system in the Bangsamoro; 12. Funding for the maintenance of national roads, bridges, and irrigation systems – There shall be coordination through the intergovernmental relations mechanism between the relevant Central Government and Bangsamoro Government agencies on the Central Government funding for the maintenance of national roads, bridges, and irrigation systems within the Bangsamoro; 13. Disaster risk reduction and management – The Bangsamoro Government shall have primary responsibility over disaster risk reduction and management within the Bangsamoro. There shall be cooperation and coordination among relevant Central Government and Bangsamoro Government agencies on disaster risk reduction and management; 14. Public order and safety – The Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism. lll. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters: 1. Agriculture, livestock and food security; 2. Economic and cultural exchange; 3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval; 4. Trade, industry, investment, enterprises and regulation of businesses taking into consideration the relevant laws; 5. Labor, employment and occupation; 6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names; 7. Barter trade and countertrade with ASEAN countries; 8. Economic zones and industrial centers; 9. Free ports – The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be entitled to the fiscal incentives and other benefits provided by the Central Government to special economic zones. Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law; 10. Tourism; 11. Creation of sources of revenue; 12. Budgeting; 13. Financial and banking systems – This is without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board; 14. Establishment of government-owned and controlled corporations (GOCCs) and financial institutions – The Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability. The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government; 15. The Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. lt shall promote investments, domestic and international, in the power sector industry in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission grid to electric consumers. The Bangsamoro Government may assist electric cooperatives in accessing funds and technology, to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism; 16. Public utilities operations in the Bangsamoro – In case of inter-regional utilities, there shall be cooperation and coordination among the relevant government agencies; 17. Receive grants and donations; 18. Education and skills training; 19. Science and technology; 20. Research councils and scholarships; 21. Culture and language; 22. Sports and recreation; 23. Regulation of games and amusement operations within the Bangsamoro; 24. Libraries, museums, historical, cultural and archaeological sites – The Bangsamoro Government shall have the power to establish its own libraries and museums, and declare historical and cultural sites. The Central Government shall transfer the management of such sites currently under the jurisdiction of the National Museum, National Historical Commission, or other national agencies, to the Bangsamoro Government or local governments therein following certain processes through the intergovernmental relations mechanism. With regards to archaeological sites, the Bangsamoro Government shall coordinate with the relevant national agencies on the regulation, excavation, preservation, and exportation of cultural properties, as well as on the recovery of lost historical and cultural artifacts; 25. Regulations on manufacture and distribution of foods, drinks, drugs and tobacco for the welfare of the Bangsamoro; 26. Hajj and Umrah – The Bangsamoro Government shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hajj and Umrah matters involving offices and agencies outside of the Bangsamoro; 27 . Customary laws; 28. Declaration of Bangsamoro holidays; 29. Ancestral domain and natural resources; 30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions; 31. Land management, land distribution, and agricultural land use reclassification – The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets; 32. Cadastral land survey – The Bangsamoro Government shall have the authority to conduct cadastral surveys, lot surveys, and isolated and special surveys in the Bangsamoro. The Bangsamoro Government shall furnish the results of these surveys to, and coordinate with, relevant Central Government agencies to effect inclusion into the national cadastral survey; 33. Expropriation and eminent domain; 34. Environment, parks, forest management, wildlife, nature reserves and conservation – The Bangsamoro Government shall have the authority to protect and manage the environment. It shall have the power to declare nature reserves and aquatic parks, forests, and watershed reservations, and other protected areas in the Bangsamoro. The Bangsamoro Basic Law will provide for the process that will transfer the management of national reserves and aquatic parks, forests and watershed reservations, and other protected areas already defined by and under the authority of the Central Government; 35. Inland waterways for navigation; 36. Inland waters; 37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction; 38. Bangsamoro settlements; 39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution; 40. Shari’ah courts and Shari’ah justice system, as set forth in relevant provisions of the Framework Agreement; 41. Public administration and bureaucracy for the Bangsamoro; 42. Health – The Central Government and the Bangsamoro Government shall cooperate with and assist each other in the prevention and control of epidemic and other communicable diseases; 43. Social services, social welfare and charities; 44. Waste management; 45. Establishment and supervision of humanitarian services and institutions; 46. Identification, generation and mobilization of international human resources for capacity building and other activities involving the same within the Bangsamoro – The Central Government shall cooperate with and assist the Bangsamoro Government towards ensuring access to such relevant human resources through the intergovernmental relations mechanism; 47. Awqaf and charitable trusts; 48. Hisbah office for accountability as part of the Shari’ah justice system; 49. Registration of births, marriages, and deaths, copies of which shall be forwarded to the National Statistics Office; 50. Housing and human settlements; 51. Development planning; 52. Urban and rural development; 53. Water supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and irrigation systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or local government bodies; 54. Public works and highways within the Bangsamoro; 55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors; 56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities; 57. Local administration, municipal corporations and other local authorities including the creation of local government units – The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the Framework Agreement on the Bangsamoro, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly. However, when such acts require the creation of a congressional district, the Philippine Congress and the Bangsamoro assembly shall work together in order to facilitate the creation of the same, through the appropriate intergovernmental relations mechanism; 58. Establishment or creation of other institutions, policies and laws for the general welfare of the people in the Bangsamoro. |
Cultural Protections
2014
The Framework Agreement on the Bangsamoro, included in the Comprehensive Agreement on the Bangsamoro, stipulates the recognition and protection of the Bangsamoro identity, cultural associations, community traditions and customary justice. The Bangsamoro Basic Law draft provided for protection of the beliefs and traditions of the Bangsamoro people,[1] and guarantees the right to establish cultural and religious associations.[2] It mandates the creation of a Bangsamoro commission for the preservation of cultural heritage[3] and the establishment of cultural institutions and projects.[4]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [5] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[6] which he submitted to Congress on September 10.[7] [8] Though Congress immediately began reviewing the BBL, the bill failed to pass in .
[1] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 5.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 1.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 19.
[4] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 20.
[5] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[6] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[7] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[8] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The BBL provided protection for indigenous customs and legal systems,[2] customary rights,[3] and religious freedoms.[4]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IX, Section 3.
[3] “Republic Act No. 11054,” Article IX, Section 4.
[4] “Republic Act No. 11054,” Article IX, Section 5.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on seven bills that would serve as a legal basis for the new government, including an Indigenous Peoples Code. However, as of December 2019, this bill had not been passed.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on seven bills that would serve as a legal basis for the new government, including an Indigenous Peoples Code. However, as of February 24, 2020, this bill had not been passed.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2021
In 2019, the Bangsamoro Transition Authority noted that work had begun on seven bills that would serve as a legal basis for the new government, including an Indigenous Peoples Code. The BARMM parliament was yet to pass the bill as of December 2021.[1]
[1] “BARMM starts consultations on draft local governance code,” Philippine News Agency, February 9, 2022. https://www.pna.gov.ph/articles/1167423
Agreement on Peace (June 22, 2001)
C. ANCESTRAL DOMAIN ASPECT On the aspect of ancestral domain, the Parties, in order to address the humanitarian and economic needs of the Bangsamoro people and preserve their social and cultural heritage and inherent rights over their ancestral domain, agree that the same be discussed further by the Parties in their next meeting.
GPH-MILF Decision points (April 24, 2010)
8. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The new political entity shall also have competence over the Shariah justice system.
10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:
j. Right to establish cultural and religious associations;
Framework Agreement on the Bangsamoro (October 12, 2012)
I. Establishment of the Bangsamoro
5. The Parties recognize Bangsamoro identity.
Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected.
III. Powers 3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of Shari’ah and its application shall only be to Muslims.
VI. BASIC RIGHTS j. Right to establish cultural and religious associations;
Annex on Powersharing (December 8, 2013)
PART THREE DELINEATION OF POWERS
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution; |
Constitutional Reform
2014
The Framework Agreement on the Bangsamoro and the Annex on Transitional Arrangements and Modalities required the creation of a Transition Commission responsible for amending the Philippine Constitution to be consistent with the agreements.
No developments observed this year.
2015
No developments observed this year.
2016
No developments observed this year.
2017
No developments observed this year.
2018
No developments observed this year.
2019
No developments observed this year.
2020
No developments observed this year.
2021
It is reported that the working group was formed to draft constitutional amendments to be submitted to the Philippine Congress. However, no significant progress has been reported.
Framework Agreement on the Bangsamoro (October 12, 2012)
VII. TRANSITION AND IMPLEMENTATION
4. The functions of the Transition Commission are as follows:
b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements;
Annex on Transitional Arrangements and Modalities (February 27, 2013)
I. THE TRANSITION PROCESS
D. Work on Constitutional Amendments
The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the Parties whenever necessary without derogating from any prior peace agreements.
II. TRANSITION MECHANISMS AND MODALITIES
A. The Transition Commission (TC)
6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
[d] The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior agreements.
|
Civil Administration Reform
2014
The Annex on Power Sharing, reaffirmed by the Comprehensive Agreement on the Bangsamoro, mandated Bangsamoro representation in national government offices and the creation of a civil service in the Bangsamoro Autonomous Region. The Bangsamoro Basic Law draft included language providing for Bangsamoro civil service law to “govern the conduct of civil servants, the qualification for non-elective positions, adopt the merit and fitness system, and protect civil service eligible in various government positions, including government-owned and/or controlled corporations with original charters, in the Bangsamoro. The Bangsamoro Government shall have primary disciplinary authority over its own officials and employees.” [1]
The BBL also provided for Bangsamoro participation in the central government: “It shall be the policy of the Central Government to appoint competent and qualified inhabitants of the Bangsamoro in the following offices in the Central Government: at least one (1) Cabinet Secretary; at least one (1) in each of the other departments, offices and bureaus, holding executive, primarily confidential, highly technical, policy-determining positions; and one (1) Commissioner in each of the constitutional bodies.” [2]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [3] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[4] which he submitted to Congress on September 10.[5] [6] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 2.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article VI, Section 9.
[3] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[4] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[5] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[6] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
In 2017, the BBL was not passed by Congress.
2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law included provisions requiring the Bangsamoro government’s representation in the National Government “as far as practicable.”[2] The law also required the Bangsamoro government to enact a civil service law to “govern the conduct of civil servants, the qualifications for nonelective positions, adopt the merit and fitness system, and protect civil service eligible in various government positions, including government-owned or controlled corporations.”[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article VI, Section 11.
[3] “Republic Act No. 11054,” Article V, Section 39.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on a Civil Service Code, but as of December 18, 2019, this had not been passed.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on a Civil Service Code, but as of February 24, 2020, this had not been passed.[2]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
2021
On 24 February 2021, the BARMM (Bangsamoro Autonomous Region in Muslim Mindanao) parliament approved the Bangsamoro Civil Service Code. The Code became effective within 15 days after the publication.[1]
[1] “BARMM parliament approves civil service code,” Philippine News Agency. 25 February 2021. https://www.pna.gov.ph/articles/1131837
Annex on Powersharing (December 8, 2013)
PART THREE DELINEATION OF POWERS
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
8. Civil Service — The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission;
57. Local administration, municipal corporations and other local authorities including the creation of local government units – The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the Framework Agreement on the Bangsamoro, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly. |
Cease Fire
2014
The Comprehensive Agreement on the Bangsamoro (CAB) was signed in March 2014, reaffirming the 1997 Agreement for General Cessation of Hostilities. In the two years after the agreement, violent outbreaks between the government and MILF forces were relatively rare, however, in 2000, conflict escalated dramatically due to government offensives resulting in roughly 1,055 combatant deaths. Between 2001 and 2011, the ceasefire failed to prevent violations, but confrontations were of minor intensity. Between 2012 and 2013, the ceasefire was respected by both the MILF and the government.[1]
Since the signing of the CAB, there were no official clashes between government forces and the MILF in 2014. However, accidental confrontations were occasional. In April, the MILF reported government attacks on its fighters, although it remains unclear if MILF forces were targeted intentionally.[2] These instances were reported to the International Monitoring Team (IMT) and investigated by the ceasefire committees of the Philippine government and MILF.[3] In July, government soldiers and MILF forces clashed in the southern Philippines, killing 2 and wounding 4. Reports suggest that government forces were on a routine patrol in Marantao, Lanao del Sur when MILF soldiers opened fire.[4], [5] Later that month, the MILF reported large-scale movements by the government forces, including troops clad in full battle gear and backed by tanks. The government denied that these forces were acting on central orders, and the Coordinating Committee on the Cessation of Hostilities (CCCH) and Ad Hoc Joint Action Group were unaware of mass deployment or movement.[6], [7], [8]
[1] “UCDP Conflict Encyclopedia,” Uppsala Conflict Data Program – Uppsala University Department of Peace and Conflict Research.
[2] “Philippine military accused of attacking MILF fighters,” Xinhua General News Service, April 15, 2014.
[3] “Philippine military accused of attacking MILF fighters,” Xinhua General News Service, April 15, 2014.
[4] “2 killed, 4 wounded in S. Philippine ambush,” Xinhua General News Service, July 12, 2014.
[5] “Two killed, four wounded in gun fight between Philippines army, Moro rebels,” BBC Monitoring Asia Pacific, July 13, 2014.
[6] “MILF accuses Philippines gov’t of ceasefire violations,” Anadolu Agency, July 26, 2014.
[7] “Philippine rebels accuse government forces of violating truce,” Xinhua General News Service, July 26, 2014.
[8] “Philippine Moro rebels accuse military of violating ceasefire,” BBC Monitoring Asia Pacific, July 29, 2014.
2015
MILF and government police clashed on January 25 after the national police force entered a MILF and Bangsamoro Islamic Freedom Fighter (BIFF) community without coordinating with the joint government and rebel ceasefire panel, [1] resulting in approximately 50 casualties. [2], [3] An investigation by the International Monitoring Team (IMT) followed the incident, which concluded in April that both the government and MILF forces were at fault for violating the ceasefire.[4] In March, the government complained of a new MILF training facility in a remote village in Iligan City as well as renewed recruitment activity by the group.[5] On September 9, MILF members were reportedly involved in an attack on the village of Lutanyan, Sultan Kudarat province over a long-standing land dispute. MILF leadership responded that the incident was an isolated case and MILF as an organization was not involved at all.[6]
[1] “30 policemen killed in S. Philippines firefight,” Xinhua General News Service, January 25, 2015.
[2] “Philippines peace deal stalled as 50 police killed,” Anadolu Agency, January 26, 2015.
[3] “Philippines president admits lack of coordination during anti-rebel police raid,” BBC Monitoring Asia Pacific, January 28, 2015.
[4] “Philippine police, rebels violated ceasefire, says monitors,” Times of Oman, April 6, 2015.
[5] “Philippines army hits rebel camp, recruitment in south,” BBC Monitoring Asia Pacific, March 23, 2015.
[6] “Philippines: MILF members suspected of attack on town,” Anadolu Agency, September 10, 2015.
2016
As of September 17, 2016, the terms of the ceasefire have been upheld. The government and MILF coordinated ongoing military operations against other militant groups to ensure group movements did not violate the terms of the ceasefire. [1]
[1] “Philippine gov’t working closely with MILF on operations against terrorists: Official,” Xinhau General News Service, February 28, 2016
2017
As of November 24, 2017, the terms of the ceasefire have been upheld in 2017. However, activity by radical Islamic militant groups in Bangsamoro increased in 2017. The MILF continued to conduct military operations against these groups throughout the year in coordination with government military operations.[1]
[1] “Philippines troops, rebels team up against Marawi militants,” BBC Monitoring Asia Pacific, September 7, 2017.
2018
No ceasefire violations were observed as of September 4, 2018.
2019
In March, the Third Party Monitoring Team reported that the ceasefire continued to hold.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2020
No ceasefire violations were observed in the first two months of 2020.
2021
No ceasefire violations were observed in the first two months of 2020.
Agreement for the General Cessation of Hostilities (July 18, 1997)
1. To commit the armed forces of the GRP and the MILF to a General Cessation of Hostilities;
General Framework (March 24, 1998)
Article IV The Parties pledge to refrain from the use or threat of force to attain undue advantage while peace negotiations on the substantive issues are on-going.
Agreement on the General Framework (March 24, 2001)
Article III In conjunction with its formation of its Peace Panel, the MILF shall reciprocate the GRP’s Suspension of Offensive Military Operations (SOMO) with the declaration of its own SOMO.
Agreement on Peace (June 22, 2001)
A. SECURITY ASPECT
3. The Parties agree to invite representatives of the Organization of Islamic Conference (OIC) to observe and monitor the implementation of all GRP-MILF Agreements. The Parties further agree to strengthen the GRP-MILF Agreement on the General Cessation of Hostilities dated 18 July 1997. Upon signing this Agreement, a Monitoring Team shall be constituted with representatives from the OIC.
B. REHABILITATION ASPECT
4. In order to pave the way for relief and rehabilitation of evacuees and implementation of development projects in the areas affected by conflict, the Parties agree to implement the GRP-MILF Agreement on the General Cessation of Hostilities dated July 18, 1997.
Declaration of Continuity for Peace Negotiations (June 3, 2010)
The Parties discussed points of consensus on an Interim Agreement with a view of moving towards the Comprehensive Compact to bring a negotiated political settlement. The Parties considered the following : • Agreed upon texts and signed instruments on the cessation of hostilities and security arrangements guidelines and development initiatives and rehabilitation guidelines to be subsequently incorporated in a comprehensive text of the compact agreement.
Framework Agreement on the Bangsamoro (October 12, 2012) VIII. NORMALIZATION 7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed. 8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups. |
Boundary Demarcation
2014
The Framework Agreement on the Bangsamoro, the Annex on Transitional Arrangements and Modalities, and the Addendum on the Bangsamoro Waters included in the Comprehensive agreement on the Bangsamoro outline the territorial and maritime demarcation of the Bangsamoro Autonomous Region. The Bangsamoro Basic Law (BBL) draft contained language for the official boundary demarcation of the territorial Bangsamoro Autonomous Region,[1] ownership of inland waters [2] and water boundary demarcation. [3]
The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [4] to be submitted and approved by Congress. On August 20, the Moro Islamic Liberation Front (MILF) submitted a final draft of the BBL to President Aquino,[5] which he submitted to Congress on September 10.[6] [7] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] Bangsamoro Basic Law: House Bill No. 4994. Article 3, Section 2.
[2] Bangsamoro Basic Law: House Bill No. 4994. Article 3, Section 4.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article 3, Section 5.
[4] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[5] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[6] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[7] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
2015
Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.
[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.
2016
Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.
[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.
2017
The drafting process of a new version of the Bangsamoro Basic Law (BBL) continued in 2017. The Bangsamoro Transition Commission submitted its 2017 draft to President Duterte on July 17, 2017.[1] In August, the proposed bill had been submitted to leadership in the House and the Senate,[2] and was proposed as a draft bill in the Senate. President Duterte voiced support for the bill and urged its passage within a year. As of November 24, 2017, the bill has not passed.[3]
[1] “BTC submits new BBL to Duterte,” Bangsamoro Transition Commission, July 18, 2018.
[2] “BBL now in Congress,” Bangsamoro Transition Commission, August 18, 2017.
[3] “Philippines’ Duterte vows to push for ‘Bangsamoro country,’” Xinhua General News Service, July 17, 2017.
2018
The Bangsamoro Basic Law (BBL) was signed into law by President Duterte on July 26, 2018.[1] The signed law defined the territorial and maritime jurisdiction of the Bangsamoro Autonomous Region, conditional on a successful plebiscite.[2]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article IV and XV.
2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. Subsequently, a plebiscite on the inclusion of additional territory was held on February 6, 2019.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. Subsequently, a plebiscite on the inclusion of additional territory was held on February 6, 2019.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
2021
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. Subsequently, a plebiscite on the inclusion of additional territory was held on February 6, 2019.[1]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
Framework Agreement on the Bangsamoro (October 12, 2012)
V. TERRITORY
1. The core territory of the Bangsamoro shall be composed of: (a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.
Annex on Transitional Arrangement and Modalities (February 27, 2013)
II. TRANSITION MECHANISMS AND MODALITIES
A. The Transition Commission (TC)
6. In relation to the T.C.’s task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
[e] All of the areas enumerated in Part V item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.
[f] Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.
B. The Bangsamoro Transition Authority (BTA)
6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.
Addendum on the Bangsamoro Waters (January 25, 2014) 1. The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity. 2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit. Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters. 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity. provided that the zones do not include the Bangsamoro Waters and the municipal Waters of all adjoining local government units. 4. The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates. 8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes. |
Please always cite: “Expanding the Peace Accords Matrix Implementation Dataset: Partial peace agreements in the Comprehensive Peace Agreement negotiation and implementation process, 1989–2021.” Madhav Joshi, Matthew Hauenstein, and Jason Quinn. Journal of Peace Research (2025).