Framework agreement on the bangsamoro and its four

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FRAMEWORK AGREEMENT ON THE BANGSAMORO AND THE FOUR ANNEXES Reported by: SITTIE MAJERA A. UPAM

Transcript of Framework agreement on the bangsamoro and its four

FRAMEWORK AGREEMENT ON THE BANGSAMORO AND THE FOUR ANNEXES

Reported by:

SITTIE MAJERA A. UPAM

FRAMEWORK AGREEMENT ON THE BANGSAMORO

signed 15 October 2012

ANNEX ON TRANSITIONAL MODALITIES AND ARRAGEMENT

signed 27 February 2013

Roadmap to Bangsamoro

ANNEX ON REVENUE GENERATION AND WEALTH SHARING

signed 13 July 2013

Component:

• Revenue Generation

• Wealth Sharing

• Fiscal Administration

ANNEX ON POWER SHARING

signed 8 December 2013

Component:

• Principle of Intergovernmental Relation

• Government Structure

• Delineation of Power under the three list of power- reserved, concurrent, exclusive

• Other matter

ANNEX ON NORMALIZATION

Component:

• Policing

• Transitional Security Arrangement

• Decommissioning

• Disposition of AFP

• Disbandment of Private Armed Group

• Socio Economic Program

COMPREHENSIVE AGREEMENT

Component:•Framework Agreement on the

Bangsamoro•4 Annexes

• Introductory Text•Addendum on the Matter of Bangsamoro

Waters

FREQUENTLY ASKED QUESTIONS ABOUT THE FRAMEWORK AGREEMENT ON THE BANGSAMORO

WHAT IS THE FRAMEWORK AGREEMENT ON THE BANGSAMORO?

General features of Political settlement between the GPH and MILF

Defines the structure and power of the Bangsamoro entity that will replace ARMM

Sets the principle, processes and mechanism for the transition until the regular election in 2016 for the new Bangsamoro autonomous political entity.

WHY IS THERE A NEED FOR A FRAMEWORK AGREEMENT? WHAT IS ITS SIGNIFICANCE?

It puts together the points of consensus achieved in the series of talks between GPH and MILF that took off with the forging of the Ceasefire Agreement in 1997.

It elaborates on the nature of the political entity that will replace ARMM.

This also chart the road map or the steps and mechanisms for the transition leading to the creation of the Bangsamoro.

IS THIS THE FINAL PEACE AGREEMENT?Not yet.

Framework documents + the 4 Annexes= Comprehensive Agreement

WHAT ARE THE WEALTH-AND POWER-SHARING AGREEMENTS BETWEEN THE CENTRAL GOV’T. AND THE BANGSAMORO?

POWER SHARINGCentral Government will have reserved powers.Bangsamoro have its exclusive powers.Central and Bangsamoro Government will also have concurrent power.

REVENUE GENERATION AND WEALTH SHARING

Capital Gain Tax, Donor’s Tax, Estate Tax, and Documentary Tax

75% share from national taxes, fess and charges collected by the National Government within Bangsamoro

Other source of revenue: Loans, whether foreign and domestic Bill, bonds, notes, debentures, etc. Overseas Development Assistance Grant and Donation Share in GOCC operating in Bangsamoro Share in Government revenue from exploitation, development and utilization of

natural resources Non-metallic- 100% Metallic- 75% Fossil fuels and uranium- 50%

AFTER THE SIGNING OF THE FRAMEWORK AGREEMENT, WHAT’S NEXT? The president will issue Executive Order that will create Transition Commission (TC).

TC- 15 members that represent different sectors and groups in Bangsamoro. 8 – selected by the MILF 7- selected by the GPH

TC shall work with the draft BBL.

WHAT’S GOING TO HAPPEN TO THE ARMM?

Bangsamoro shall replace ARMM.

ARMM shall continue to function until the Bangsamoro Basic Law passed and ratified.

IS THE BANGSAMORO AN AMENDED ARMM?

No.

Bangsamoro is a replacement of ARMM.

HOW WILL THE BANGSAMORO GOVERNMENT LOOK LIKE?

Ministerial Form

WHAT DOES THE MINISTERIAL FORM OF GOVERNMENT MEAN?

People will elect their representatives to the assembly.

Assembly will then elect its leader who will be called the Chief Minister.

WHAT IS MEANT BY AN ASYMMETRICAL RELATIONSHIP BETWEEN THE BANGSAMORO AND THE CENTRAL GOVERNMENT?

It implies a special status that is different from other local governments and administrative region.

CAN THE BANGSAMORO BE ESTABLISHED WITHOUT A CONSTITUTIONAL AMENDMENT?

Yes.

Article X of 1987 Philippine Constitution on the creation of ARMM shall apply.

WHAT IS THE GEOGRAPHICAL COVERAGE OF THE BANGSAMORO? The geographical scope of the Bangsamoro shall be determined through

plebiscite that will held after Congress passes the BBL.^

The Plebiscite will be held in the envisioned core territory of the bangsamoro, namely;

o ARMM provinces and Marawi City; Cities of Cotabato and Isabela; the six municipalities of *Lanao del Norte (Baloi, Munai,Pantar,Nunungan,Tagaloan, Tangkal); and the barangays in the six municipalities of *North Cotabato province (Kabacan. Carmen, Aleosan, Pigkawayan, Pikit and Midsayap).

o Other contiguous areas where there is resolution for inclusion from LGUs or a petition of atleast 10% of the qualified voters may also join after the requisite plebiscite.

WHAT WILL HAPPEN IF THE PEOPLE REJECT THE BANGSAMORO ENTITY IN THE PLEBISCITE?

*There will be NO Bangsamoro.

WHO OR WHAT IS THE BANGSAMORO? Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and Sulu Archipelago and its adjacent including Palawan, and their descendants whether mixed or of full native blood shall have the right to identify themselves as a Bangsamoro by ascription or self-ascription.

All people in the Bangsamoro are FILIPINO CITIZENS.

Bangsamoro is an IDENTITY, NOT A CITIZENSHIP.

WHAT WILL HAPPEN TO THE LGU’S IN THE BANGSAMORO?The creation of the Bangsamoro does not diminish the existing power of the LGUs unless modified or reformed for good governance.

Bangsamoro may also have the power to legislate its local government code.

WHAT WILL HAPPEN TO THE ARMED MEMBERS AND WEAPONS OF MILF?Decommissioning of its forcesLaw enforcement will transfer to the police force for the Bangsamoro.

Reduction and control of firearms in the area and disbandment of private armies and other armed group.

WHO WILL MONITOR THE IMPLEMENTATION OF THE FRAMEWORK AGREEMENT AND ITS ANNEXES?

Third-party monitoring mechanism composed of international and domestic bodies

IS THE BANGSAMORO AN ISLAMIC STATE?

No.

Bangsamoro Government will be secular government where basic rights of all will be protected.

WHAT WILL HAPPEN TO THE JUDICIAL SYSTEM UNDER THE BANGSAMORO?Civil court for non-Muslims will be maintainedSharia courts will be established for MuslimsThere will also be judicial process for indigenous rights.