JOINT GPH-MILF DRAFT
In the Name of God, the Beneficent, the
Merciful
FRAMEWORK AGREEMENT ON THE BANGSAMORO
The Philippine Government (GPH) and the Moro Islamic Liberation
Front (MILF) herein referred to as the Parties to this Agreement,
HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:
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 to be
implemented through legislation enacted by the Bangsamoro Government and
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.
4. The relationship of the Central Government with the Bangsamoro
Government shall be asymmetric.
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.
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.
The Annex on Power Sharing, which includes the principles on
intergovernmental relations, shall form part of this Agreement and guide the
drafting of the Basic Law.
2. The Central Government shall have powers on:
a) Defense and external security
b) Foreign policy
c) Common market and global trade, provided that the power to
enter into economic agreements already allowed under Republic Act No. 9054
shall be transferred to the Bangsamoro
d) Coinage and monetary policy
e) Citizenship and naturalization
f) Postal service
This list is without prejudice to additional powers that may be
agreed upon by the Parties.
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.
4. The Bangsamoro Basic Law may provide for the power of the
Bangsamoro Government to accredit halal-certifying bodies in the Bangsamoro.
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.
IV. REVENUE GENERATION AND WEALTH SHARING
1. The parties agree that wealth creation (or revenue generation
and sourcing) is important for the operation of the Bangsamoro.
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 credit 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 regional 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.
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.
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.
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. 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.
3. 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.
4. The disposition of internal and territorial waters shall be
referred to in the Annexes on Wealth and Power Sharing.
5. Territory refers to the land mass as well as the maritime,
terrestrial, fluvial and alluvial domains, and the aerial domain and the
atmospheric space above it. Governance shall be as agreed upon by the parties
in this agreement and in the sections on wealth and power sharing.
6. The Bangsamoro Basic Law shall recognize the collective
democratic rights of the constituents in the Bangsamoro.
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.
VII. TRANSITION AND IMPLEMENTATION
1. The Parties agree to the need for a transition period and the
institution of transitional mechanisms.
2. The Parties agree to adopt and incorporate an Annex on
Transitional Arrangements and Modalities, which forms a part of this Framework
Agreement.
3. There shall be created a Transition Commission through an
Executive Order and supported by Congressional Resolutions.
4. The functions of the Transition Commission are as follows:
a. To work on the drafting of the Bangsamoro Basic Law with
provisions consistent with all agreements entered and that may be entered into
by the Parties;
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;
c. To coordinate whenever necessary development programs in
Bangsamoro communities in conjunction with the MILF Bangsamoro Development
Agency (BDA), the Bangsamoro Leadership and Management Institute (BLMI) and
other agencies.
5. The Transition Commission shall be composed of fifteen (15)
members all of whom are Bangsamoro. Seven (7) members shall be selected by the
GPH and eight (8) members, including the Chairman, shall be selected by the
MILF.
6. The Transition Commission will be independent from the ARMM and
other government agencies. The GPH shall allocate funds and provide other
resources for its effective operation. All other agencies of government shall
support the Transition Commission in the performance of its tasks and
responsibilities until it becomes functus oficio and cease to exist.
7. The draft Bangsamoro Basic Law submitted by the Transition
Commission shall be certified as an urgent bill by the President.
8. Upon promulgation and ratification of the Basic Law, which
provides for the creation of the Bangsamoro Transition Authority (BTA), the
ARMM is deemed abolished.
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.
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.
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 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.
13. The Negotiating Panel of both Parties shall continue the
negotiations until all issues are resolved and all agreements implemented.
VIII. NORMALIZATION
1. The Parties agree that normalization is vital to the peace
process. It is through normalization that communities can return to conditions
where they can achieve their desired quality of life, which includes the
pursuit of sustainable livelihoods and political participation within a
peaceful deliberative society.
2. The aim of normalization is to ensure human security in the
Bangsamoro. Normalization helps build a society that is committed to basic
human rights, where individuals are free from fear of violence or crime and
where long-held traditions and value continue to be honored. Human insecurity
embraces a wide range of issues that would include violation of human and civil
rights, social and political injustice and impunity.
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
of representatives from the parties and may invite local and international
experts on law enforcement to assist the commission in its work.
5. The MILF shall undertake a graduated program for
decommissioning of its forces so that they are put beyond use.
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.
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.
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.
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.
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.
IX. MISCELLANEOUS
1. This Agreement shall not be implemented unilaterally.
2. The Parties commit to work further on the details of the
Framework Agreement in the context of this document and complete a
comprehensive agreement by the end of the year.
