Bangsamoro Framework From SALIGAN

8/10/2019 Bangsamoro Framework From SALIGAN

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THE FRAMEWORK AGREEMENT ON THE BANGSAMORO (FAB)

What is the FAB?The Framework Agreement on the Bangsamoro is an agreement between the Government of

the Philippines (GPH) at the Moro Islamic Liberation Front (MILF) that aims to end the armed conflict between

government forces and the MILF. The FAB lays down the principles for the establishment of an autonomous

political entity for the Bangsamoro, as a way of recognizing their distinct history and their aspirations as a

distinct people.

Why is the negotiation between the GPH and the MILF?

Even after fighting between the parties has gone on for several decades in contemporary history, it is recognized

that it is the common interest of the 2 parties to find a political settlement that would resolve the root causes of

the conflict.

The negotiations between the Moros and the GPH started in 1975 between the GPH and the Moro National

Liberation Front (MNLF). The Moro Islamic Liberation Front (MILF) negotiating with government in 1997.

What have been agreed upon by the parties in the FAB?

The parties agreed that the status quo is not acceptable. One of the more important steps in changing the

present situation is the establishment of the Bangsamoro the new autonomous political entity inMindanao. The Bangsamoro will have the necessary powers to run its own government, including the powers

necessary for taxation, availment of funds and the creation of wealth, and sharing of revenues from the

utilization, development and exploitation of natural resources within its territory.

In recognition of the distinct history, culture, and aspirations of the Bangsamoro, the Bangsamoro Government

shall enjoy stronger autonomy compared to the local government units of the Philippines. The Bangsamoro shall

also have a different form of government, while the rest of the Philippines has a presidential form. In the

parliamentary form of government, there will be a closer relationship between the legislative and the executive

branches of government. In addition, the Bangsamoro Government shall have competence over the Sharia

justice system, and indigenous systems of conflict resolution.

Who are the Bangsamoro?

Aside from establishing the Bangsamoro political entity, the FAB also recognizes the Bangsamoro identity, i.e.,

those who at the time of conquest are the original inhabitants of Mindanao, the Sulu archipelago and the

adjacent islands including Palawan, and their descendants. They have the right to the Bangsamoro identity by

ascription or self-ascription.

Included in the category are the spouses and their children.

Other indigenous peoples in said areas shall have the freedom of choice on whether to ascribe to such identity or

not.

What will happen to the ARMM?

The ARMM shall remain as an autonomous political entity unless and until it replaced by the Bangsamoro political

entity through the ratification of the Bangsamoro Basic Law (BBL). On May 13, 2013, there will be elections for

the leadership in the ARMM. But once the BBL is ratified, the ARMM shall be abolished, and in its place shall be

established the Bangsamoro.

What is the territory of the Bangsamoro?

The Bangsamoro shall be composed of the following areas:

1. the present areas of the Autonomous Region in Muslim Mindanao (ARMM);

2. the cities of Cotabato and Isabela;

3. the municipalities of Baloi, Munao, Nunungan, Pantar, Tagoloan at Tangkal in the province of Lanao del

Norte that voted for the incldusion in the ARMM at the 2001 plebiscite;

4.

the barangays in the municipalities of Kabacan, Carmen, Aleosan, Pigcawayan, Pikit and Midsayap in

the province of (North) Cotabato, that voted for the incldusion in the ARMM at the 2001 plebiscite;

5. all other contiguous areas where there is a resolution of the local government unit or a petition of at


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least 10% of the qualified voters in the area asking for their inclusion at least 2 months prior to the

conduct of the ratification of the BBL. If the votes for inclusion to the Bangsamoro reach a majority,

then the said area will be included in the Bangsamoro territory.

Contiguous areas where there are substantial populations of the Bangsamoro may also submit a petition of at

least 10% of the residents for the inclusion of their local government unit in the Bangsamoro. The petition may

be submitted even after the ratification of the BBL. Should a majority of the residents vote for inclusion, the local

government unit will become part of the Bangsamoro.

What is the process in the establishment of the Bangsamoro?

1. Conclusion of a comprehensive peace agreement

The peace panels of the GPH and the MILF will work for the finalization and signing of a comprehensive peace

agreement. Aside from the FAB, the following Annexes will be part of the said agreement: (1) delineation and

sharing of powers between the central government and the Bangsamoro government; (2) the delineation and

sharing resources and the powers to be devolved to the Bangsamoro government for its creation of wealth, (3)

the process for normalizing the situation in the Bangsamoro; and (4) processes to be undertaken for the

establishment of the Bangsamoro.

2. Drafting of the Bangsamoro Basic Law

After a comprehensive peace agreement is signed, the Transition Commission will draft a Bangsamoro Basic Law

(BBL). The BBL is the legal basis of the establishment of the Bangsamoro. It will lay down the structure of

government of the Bangsamoro, the relationshop of the Bangsamoro with the Central Government, the rights of

the residents, and other important matters in the governance of the Bangsamoro. In drafting the BBL, the TC

will be guided by the provisions of the comprehensive peace agreements, and by the recommendations of the

different sectors that the TC will consult.

The Transition Commission is composed of 15 Bangsamoro who have been entrusted with the responsibility of

writing the Bangsamoro Basic Law that will be submitted to Congress. Also included in the responsibilities of the

TC are the tasks of proposing amendments to the Philippine Constitution, if needed, and the coordination ofdevelopment programs and projects in the Bangsamoro.

3. Submission of the draft BBL to the President

The draft BBL will be submitted by the TC to the Office of the President. The bill shall be certified by the latter

so that it can be urgently acted upon by Congress.

4. Recommendation for the amendment of the Constitution, if needed

If there is a recommendation to amend the Philippine Constitution, such recommendation shall be submitted to

the Office of the President so that it can be given appropriate action and for the process for the amendment of

the Constitution can be initiated.

5. Enactment of the BBL

Ang proposed BBL will be submitted to Congress and will be subjected to deliberations by the members of the

House of Representatives and the Senate, for passage into law. In the enactment of the law, both chambers

should be able to muster a majority vote of the members present. If and when the required number of votes

are achieved, the law shall be submitted to the President for his signature.


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6. Ratification of the BBL

When the law is enacted in accordance with the procedure stated above, it will be submitted to the registered

voters of the Bangsamoro territory for their ratification.

7. Bangsamoro Transition Authority

When a majority of the registered voters in the Bangsamoro vote for the BBL at the plebiscite, the ARMM shall

be abolished and the Bangsamoro Transition Authority (BTA) is established.

Majority of the BTA will come from the MILF. Its primary task is to set up the structure of government in the

Bangsamoro, in accordance with the provisions of the angsamoro Basic Law. At this point, the residents of the

Bangsamoro shall be prepared for the regular election of those who will sit in the Bangsamoro government.

8. Election in the Bangsamoro

There will be elections in the Bangsamoro in year 2016, together with the elections elsewhere in the

Philippines. In these elections, the registered voters in the Bangsamorowhether they are Bangsamoro in

identity or notshall choose the leaders who will run the Bangsamoro Government

Myths and Facts

Myths Facts

The Framework Agreement

discriminates against those who are

not Bangsamoro in identity.

The FAB recognizes that there are different peoples and

identities in Mindanao and in the Bangsamoro. The FAB also

recognizes rights already recognized in laws and other legal

documents, including the following rights:

Right to freedom and expression of religions and

beliefs Right to freedom of speech

Right to express political opinion and pursue

democratically political aspiration

Right of women to meaningful political participation,

and protection from all forms of violence

Right to equal opportunity and non-discrimination in

social and economic activity and the public service,

regardless of class, creed, disability, gender and

ethnicity

Right to establish cultural and religious associations Right to freedom from religious, ethnic and sectarian

harassment

Based on the FAB, the political

entity that will be established will no

longer be part of the Philippines, and

The Bangsamoro will remain to be a part of the Philippines, but

it will be an autonomous region. This means that it will enjoy a

different set of governmental powers, compared to the local


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thus, there is a need for the drafting

of the entitys constitution, i.e., the

Bangsamoro Basic Law.

government units. The Bangsamoro Basic Law will be enacted

by Congress and such shall lay down the structure of the

Bangsamoro Government, in accordance with the provisions of

the comprehensive peace agreement.

Because they are the ones who

negotiated with the GPH, the MILF

will run the ARMM up to 2016.

According to the Framework Agreement, both parties agreed

that the status quo is not acceptable. Part of the status quo are

the structure and the processes in the ARMM, and its

relationship with the Central Government. Thus, even if the

ARMM has been repeatedly offered to the MILF, the latter has

not accepted the leadership of the ARMM. The MILFs interest

is a change in the relationship between the Central Government

and the Bangsamoro, and not the leadership of the ARMM.

In fact, there will be elections in the ARMM (and the rest of

the Philippines) this Mayo 2013. Whoever wins in the

elections in the ARMM in May 2013 will lead the region for

the coming term.

The Organization of the Islamic

Cooperation (OIC) is tasked to

monitor the implementation of the

FAB.

The mechanism for the monitoring of compliance of the parties

of their obligations under the agreement is the Third Party

Monitoring Team (TPMT). This will be composed of 2 local

non-government organization (NGOs) and 2 international non-

government organizations (INGOs), and to be led by an

eminent person.

In the FAB, local government units

will be dissolved once theBangsamoro is established.

The local government units inside the territory of the

Bangsamoro shall remain and will continue to serve theirconstituents. Unless and until a Local Government Code is

enacted in the Bangsamoro, the powers and functions of the

LGUs will remain as they are.

According to the FAB, only men are

allowed to run as leaders of the

communities and of the Bangsamoro.

The FAB does not say this. In fact, what the FAB says is that

the women will have the right to meaningful participation in

the Bangsamoro. Furthermore, the FAB also provides that

everyone is entitled to equal opportunity in social and

economic activity and the public service, regardless of class,

creed, disability, gender and ethnicity

The FAB will negate the 1996 Final

Peace Agreement

The 1996 Final Peace Agreement is one of the bases of the

negotiations between the GPH and the MILF. It is not negated

but even used as a baseline in the current negotiations.

At what stage is the peace process in right now?


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After the signing of the FAB, the parties started working on the 4 Annexes. But only one of the four annexes has

been signed by the parties. Three more still need to be finalized and signed-- (1) Power-sharing, (2) Wealth-

sharing, and (3) Normalization.

Why should every Filipino know this?

The peace process is not only for the benefit of the Moros, but also for all Filipinos. If there is going to be

peace, it is more hopeful that there will be development in Mindanaw. Such development will also propel

development in the whole country.

Is there a connection between the 2013 election and the peace process?

Yes. As stated earlier, the Bangsamoro Basic Law will pass through Congress (House of Representatives and the

Senate). Hence, our choice of leaders in this election is important because they will be the ones who will sit as

legislators tasked to deliberate and decide on the BBL.

(Publication of this primer was made possible through the assistance of

OXFAM)

Documents

Bangsamoro Framework From SALIGAN