The Framework Agreement on the Bangsamoro

8/13/2019 The Framework Agreement on the Bangsamoro

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THE FRAMEWORK AGREEMENT ON THE BANGSAMORO:

NEW HOPE FOR PEACE IN MUSLIM MINDANAO

NOVEMBER - DECEMBER 2012 ISSN 2243-8173-12-10

POLICY BRIEF I A G

FULL TEXT | FRAMEWORK AGREEMENT ON THE BANGSAMORO

MIXED FEELINGS | DEAN BENNY BACANI

BANGSAMORO BASIC L AW | FR. ELISEO R. MERCADO, OMI


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JOINT GPH-MILF DRAFT

In the Name of God, the Benecent, theMerciful

FRAMEWORK AGREEMENT ON THE

BANGSAMORO

The Philippine Government (GPH) andthe Moro Islamic Liberation Front (MILF) hereinreferred 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 isunacceptable and that the Bangsamoro shall beestablished to replace the Autonomous Regionin Muslim Mindanao (ARMM). The Bangsamorois the new autonomous political entity (NPE)referred to in the Decision Points of Principlesas of April 2012.

2. The government of the Bangsamoro shallhave a ministerial form.

The Parties agree to entrench anelectoral system suitable to a ministerial formof government. The electoral system shall allowdemocratic participation, ensure accountabilityof public ofcers primarily to their constituentsand encourage formation of genuinely principledpolitical parties. The electoral system shall becontained in the Bangsamoro Basic Law to beimplemented through legislation enacted by the

Bangsamoro Government and correlated withnational laws.

3. The provinces, cities, municipalities,barangays and geographic areas within itsterritory shall be the constituent units of theBangsamoro.

The authority to regulate on its ownresponsibility the affairs of the constituentunits is guaranteed within the limit of theBangsamoro Basic Law. The privileges alreadyenjoyed by the local government units underexisting laws shall not be diminished unless

otherwise altered, modied or reformed for goodgovernance pursuant to the provisions of theBangsamoro local government code.

4. The relationship of the Central Governmentwith the Bangsamoro Government shall beasymmetric.

5. The Parties recognize Bangsamoro identity.Those who at the time of conquest and colonization

were considered natives or original inhabitantsof Mindanao and the Sulu archipelago and itsadjacent islands including Palawan, and theirdescendants whether of mixed or of full bloodshall have the right to identify themselves asBangsamoro by ascription or self-ascription.

Spouses and their descendants areclassied as Bangsamoro. The freedom of choiceof other Indigenous peoples shall be respected.

II. BASIC LAW

1. The Bangsamoro shall be governed by a BasicLaw.

2. The provisions of the Bangsamoro Basic Lawshall be consistent with all agreements of theParties.

3. The Basic Law shall reect the Bangsamorosystem of life and meet internationally acceptedstandards of governance.

4. It shall be formulated by the Bangsamoropeople and ratied by the qualied voters withinits territory.


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THE FRAMEWORK AGREEMENT ON THE BANGSAMORO: NEW HOPE FOR PEACE IN MUSLIM MINDANAO | 3

III. POWERS

1. The Central Government will have reservedpowers, the Bangsamoro Government shall haveits exclusive powers, and there will be concurrentpowers shared by the Central Government and

the Bangsamoro Government. The Annex on Power Sharing, whichincludes the principles on intergovernmentalrelations, shall form part of this Agreement andguide the drafting of the Basic Law.

2. The Central Government shall have powerson:

a) Defense and external security

b) Foreign policyc)Common market and global trade,provided that the power to enter intoeconomic agreements already allowedunder Republic Act No. 9054 shall betransferred to the Bangsamorod) Coinage and monetary policye) Citizenship and naturalizationf) Postal service

This list is without prejudice to additionalpowers that may be agreed upon by the Parties.

3. The Parties recognize the need to strengthenthe Shari’ah courts and to expand their

jurisdiction over cases. The Bangsamoro shallhave competence over the Shari’ah justicesystem. The supremacy of Shari’ah and itsapplication shall only be to Muslims.

4. The Bangsamoro Basic Law may providefor the power of the Bangsamoro Governmentto accredit halal-certifying bodies in theBangsamoro.

5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. Thisincludes:

a) The competence over the Shari’ah justice system, as well as the formalinstitutionalization and operation ofits functions, and the expansion of the

jurisdiction of the Shari’ah courts;b) Measures to improve the workings of

local civil courts, when necessary; andc) Alternative dispute resolutionsystems.

6. The customary rights and traditionsof indigenous peoples shall be taken intoconsideration in the formation of theBangsamoro’s justice system. This may includethe recognition of indigenous processes asalternative modes of dispute resolution.

IV. REVENUE GENERATION AND WEALTH

SHARING

1. The parties agree that wealth creation (orrevenue generation and sourcing) is importantfor the operation of the Bangsamoro.

2. Consistent with the Bangsamoro Basic Lawthe Bangsamoro will have the power to create

its own sources of revenues and to levy taxesfees, and charges, subject to limitations as maybe mutually agreed upon by the Parties. Thispower shall include the power to determine taxbases and tax rates, guided by the principlesof devolution of power, equalization, equityaccountability, administrative simplicityharmonization, economic efciency, and scaautonomy.

3. The Bangsamoro will have the authority toreceive grants and donations from domestic andforeign sources, and block grants and subsidiesfrom the Central Government. Subject toacceptable credit worthiness, it shall also havethe authority to contract loans from domestic andforeign lending institutions, except foreign anddomestic loans requiring sovereign guarantywhether explicit or implicit, which would require


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the approval of the Central Government.

4. The Bangsamoro shall have a just andequitable share in the revenues generatedthrough the exploration, development orutilization of natural resources obtaining in all

the areas/territories, land or water, covered byand within the jurisdiction of the Bangsamoro,in accordance with the formula agreed upon bythe Parties.

5. The Bangsamoro may create its own auditingbody and procedures for accountability overrevenues and other funds generated within orby the region from external sources. This shallbe without prejudice to the power, authority

and duty of the national Commission on Auditto examine, audit and settle all accountspertaining to the revenues and the use of fundsand property owned and held in trust by anygovernment instrumentality, including GOCCs.

6. The details of revenue and wealth sharingarrangements between the Central Governmentand the Bangsamoro Government shall beagreed upon by the Parties. The Annex on Wealth

Sharing shall form part of this Agreement.

7. There shall be an intergovernmental scalpolicy board composed of representatives ofthe Bangsamoro and the Central Governmentin order to address revenue imbalances anductuations in regional nancial needs andrevenue-raising capacity. The Board shall meetat least once in six (6) months to determinenecessary scal policy adjustments, subject to

the principles of intergovernmental relationsmutually agreed upon by both Parties. Oncefull scal autonomy has been achieved bythe Bangsamoro then it may no longer benecessary to have a representative from theCentral Government to sit in the Board. Fiscalautonomy shall mean generation and budgetingof the Bangsamoro’s own sources of revenue, itsshare of the internal revenue taxes and block

grants and subsidies remitted to it by the centragovernment or any donor.

8. The Parties agree that sustainabledevelopment is crucial in protecting andimproving the quality of life of the Bangsamoro

people. To this end, the Bangsamoro shaldevelop a comprehensive framework forsustainable development through the properconservation, utilization and development onatural resources. For efcient coordinationand assistance, the Bangsamoro legislative bodyshall create, by law, an intergovernmental bodycomposed of representatives of the Bangsamoroand the Central Government, which shalensure the harmonization of environmenta

and developmental plans, as well as formulatecommon environmental objectives.

V. TERRITORY

1. The core territory of the Bangsamoro shall becomposed of:

(a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai

Nunungan, Pantar, Tagoloan and Tangkal inthe province of Lanao del Norte and all otherbarangays in the Municipalities of KabacanCarmen, Aleosan, Pigkawayan, Pikit, andMidsayap that voted for inclusion in the

ARMM during the 2001 plebiscite; (c) thecities of Cotabato and Isabela; and (d) all othercontiguous areas where there is a resolutionof the local government unit or a petition of atleast ten percent (10%) of the qualied voters in

the area asking for their inclusion at least twomonths prior to the conduct of the ratication othe Bangsamoro Basic Law and the process ofdelimitation of the Bangsamoro as mentioned inthe next paragraph.

2. The Parties shall work together in orderto ensure the widest acceptability of theBangsamoro Basic Law as drafted by the


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Transitory Commission and the core areasmentioned in the previous paragraph, througha process of popular ratication among all theBangsamoro within the areas for their adoption.

An international third party monitoring teamshall be present to ensure that the process is

free, fair, credible, legitimate and in conformitywith international standards.

3. Areas which are contiguous and outsidethe core territory where there are substantialpopulations of the Bangsamoro may opt anytimeto be part of the territory upon petition of at leastten percent (10%) of the residents and approvedby a majority of qualied voters in a plebiscite.

4. The disposition of internal and territorialwaters shall be referred to in the Annexes onWealth and Power Sharing.

5. Territory refers to the land mass as well asthe maritime, terrestrial, uvial and alluvialdomains, and the aerial domain and theatmospheric space above it. Governance shall beas agreed upon by the parties in this agreementand in the sections on wealth and power sharing.

6. The Bangsamoro Basic Law shall recognize thecollective democratic rights of the constituentsin the Bangsamoro.

VI. BASIC RIGHTS

1. In addition to basic rights already enjoyed,the following rights of all citizens residing in theBangsamoro bind the legislature, executive and

judiciary as directly enforceable law and areguaranteed:

a. Right to life and to inviolability ofone’s person and dignity;b. Right to freedom and expression ofreligion and beliefs;c. Right to privacy;d. Right to freedom of speech;

e. Right to express political opinionand pursue democratically politicalaspiration;f. Right to seek constitutional changeby peaceful and legitimate means;g. Right of women to meaningful

political participation, and protectionfrom all forms of violence;h. Right to freely choose one’s place ofresidence and the inviolability of thehome;i. Right to equal opportunity and non-discrimination in social and economicactivity and the public service,regardless of class, creed, disability,gender and ethnicity;

j. Right to establish cultural andreligious associations;k. Right to freedom from religious,ethnic and sectarian harassment; andl. Right to redress of grievances anddue process of law.

2. Vested property rights shall be recognizedand respected. With respect to the legitimategrievances of the Bangsamoro people arising

from any unjust dispossession of their territorialand proprietary rights, customary land tenureor their marginalization shall be acknowledgedWhenever restoration is no longer possible, theCentral Government and the Government ofthe Bangsamoro shall take effective measuresfor adequate reparation collectively benecial tothe Bangsamoro people in such quality, quantityand status to be determined mutually.

3. Indigenous peoples’ rights shall be respected.

4. The Central Government shall ensure theprotection of the rights of the Bangsamoropeople residing outside the territory of theBangsamoro and undertake programs forthe rehabilitation and development of theircommunities. The Bangsamoro Governmentmay provide assistance to their communities


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to enhance their economic, social and culturaldevelopment.

VII. TRANSITION AND IMPLEMENTATION

1. The Parties agree to the need for a transition

period and the institution of transitionalmechanisms.

2. The Parties agree to adopt and incorporatean Annex on Transitional Arrangements andModalities, which forms a part of this Framework

Agreement.

3. There shall be created a TransitionCommission through an Executive Order and

supported by Congressional Resolutions.

4. The functions of the Transition Commissionare as follows:

a. To work on the drafting of theBangsamoro Basic Law with provisionsconsistent with all agreements enteredand that may be entered into by theParties;

b. To work on proposals to amend thePhilippine Constitution for the purposeof accommodating and entrenching inthe constitution the agreements of theParties whenever necessary withoutderogating from any prior peaceagreements;c. To coordinate whenever necessarydevelopment programs in Bangsamorocommunities in conjunction with the

MILF Bangsamoro Development Agency (BDA), the BangsamoroLeadership and Management Institute(BLMI) and other agencies.

5. The Transition Commission shall becomposed of fteen (15) members all of whomare Bangsamoro. Seven (7) members shall beselected by the GPH and eight (8) members,

including the Chairman, shall be selected by theMILF.

6. The Transition Commission will be independentfrom the ARMM and other government agenciesThe GPH shall allocate funds and provide

other resources for its effective operation. Alother agencies of government shall support theTransition Commission in the performance oits tasks and responsibilities until it becomesfunctus ocio and cease to exist.

7. The draft Bangsamoro Basic Law submittedby the Transition Commission shall be certiedas an urgent bill by the President.

8. Upon promulgation and ratication of theBasic Law, which provides for the creation othe Bangsamoro Transition Authority (BTA)the ARMM is deemed abolished.

9. All devolved authorities shall be vested inthe Bangsamoro Transition Authority duringthe interim period. The ministerial form andCabinet system of government shall commenceonce the Bangsamoro Transition Authority is

in place. The Bangsamoro Transition Authoritymay reorganize the bureaucracy into institutionsof governance appropriate thereto.

10. The Bangsamoro Transition Authorityshall ensure that the continued functioning ogovernment in the area of autonomy is exercisedpursuant to its mandate under the Basic LawThe Bangsamoro Transition Authority wilbe immediately replaced in 2016 upon the

election and assumption of the members othe Bangsamoro legislative assembly and theformation of the Bangsamoro government.

11. There will be created a third party monitoringteam to be composed of international bodiesas well as domestic groups to monitor theimplementation of all agreements.


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12. At the end of the transition period, theGPH and MILF Peace Negotiating Panels,together with the Malaysian Facilitator and theThird Party Monitoring Team, shall convenea meeting to review, assess or evaluate theimplementation of all agreements and the

progress of the transition. An ‘Exit Document’ofcially terminating the peace negotiationmay be crafted and signed by both Parties ifand only when all agreements have been fullyimplemented.

13. The Negotiating Panel of both Parties shallcontinue the negotiations until all issues areresolved and all agreements implemented.

VIII. NORMALIZATION

1. The Parties agree that normalization is vitalto the peace process. It is through normalizationthat communities can return to conditionswhere they can achieve their desired quality oflife, which includes the pursuit of sustainablelivelihoods and political participation within apeaceful deliberative society.

2. The aim of normalization is to ensure humansecurity in the Bangsamoro. Normalizationhelps build a society that is committed to basichuman rights, where individuals are free fromfear of violence or crime and where long-heldtraditions and value continue to be honored.Human insecurity embraces a wide range ofissues that would include violation of humanand civil rights, social and political injusticeand impunity.

3. As a matter of principle, it is essential thatpolicing structure and arrangement are suchthat the police service is professional and freefrom partisan political control. The policesystem shall be civilian in character so that itis effective and efcient in law enforcement,fair and impartial as well as accountable underthe law for its action, and responsible both to

the Central Government and the BangsamoroGovernment, and to the communities it serves.

4. An independent commission shall be organizedby the Parties to recommend appropriatepolicing within the area. The commission shall

be composed of representatives from the partiesand may invite local and international expertson law enforcement to assist the commission inits work.

5. The MILF shall undertake a graduatedprogram for decommissioning of its forces sothat they are put beyond use.

6. In a phased and gradual manner, all law

enforcement functions shall be transferred fromthe Armed Forces of the Philippines (AFP) tothe police force for the Bangsamoro.

The Parties agree to continue negotiationson the form, functions and relationship of thepolice force of the Bangsamoro taking intoconsideration the results of the independentreview process mentioned in paragraph 4.

7. The Joint Coordinating Committees onCessation of Hostilities (JCCCH) as wellas the Ad hoc Joint Action Group (AHJAG)with the participation of the InternationalMonitoring Team (IMT) shall continue tomonitor the ceasere agreement until the fulldecommissioning of the MILF forces. Theseexisting coordinating mechanisms shall be thebasis for the creation of a Joint NormalizationCommittee (JNC) to ensure the coordination

between the Government and remaining MILFforces, and through which MILF shall assist inmaintaining peace and order in the area of theBangsamoro until decommissioning shall havebeen fully completed.

8. Both Parties commit to work in partnershipfor the reduction and control of rearms in thearea and the disbandment of private armies and


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other armed groups.

9. The details of the normalization process andtimetables for decommissioning shall be in an

Annex on Normalization and shall form part ofthis Agreement.

10. The Parties agree to intensify developmentefforts for rehabilitation, reconstruction anddevelopment of the Bangsamoro, and instituteprograms to address the needs of MILFcombatants, internally displaced persons, andpoverty-stricken communities.

11. The Parties recognize the need to attractmulti-donor country support, assistance and

pledges to the normalization process. For thispurpose, a Trust Fund shall be establishedthrough which urgent support, recurrent andinvestment budget cost will be released withefciency, transparency and accountability.The Parties agree to adopt criteria for eligiblenancing schemes, such as, priority areas ofcapacity building, institutional strengthening,impact programs to address imbalances indevelopment and infrastructures, and economic

facilitation for return to normal life affectingcombatant and non-combatant elements of theMILF, indigenous peoples, women, children,and internally displaced persons.

12. The Parties agree to work out a program fortransitional justice to address the legitimategrievances of the Bangsamoro people, correcthistorical injustices, and address human rightsviolations.

IX. MISCELLANEOUS

1. This Agreement shall not be implementedunilaterally.

2. The Parties commit to work further onthe details of the Framework Agreement inthe context of this document and complete a

comprehensive agreement by the end of theyear.

Mixed FeelingsDean Benny Bacani

The Institute for Autonomya nd Governance (IAG) haslong been advocating for

the policies that are now in theFramework Agreement. Among

these are the inclusiveness of the peace processa regional ministerial-parliamentary system ofgovernment, limiting the core of the autonomousregion to Moro-dominated areas and meaningfulscal and political autonomy to the region

The Framework Agreement reects the sumtotal of the countless dialogues, hard lessonslearned, the gains made and the dedicationand perseverance of past and current panel ofnegotiators from the GPH and the MILF.

Yes, I feel thankful and elated that wesucceeded in making a big leap for peace andproud that some of our advocacies are turninginto policies. Yet, why is it that I’ve been

feeling some butteries in my stomach since theframework was made public and that I couldn’tget myself to fully get into a esta mood? Whydo I have mixed feelings about supposedly thisbig leap for peace?

I realize that with my sense of joy andthankfulness is that of fear and anxiety aboutthe future. GPH chief negotiator MarvicLeonen describes the Framework Agreement

as containing more of inclusive processesthan dening outcomes. My problem is notthe roadmap which looks sleek and logicalThe problem is that it is not clear whether theparties are committed to accept any outcome solong as the roadmap is followed.

The decommissioning of the MILFtroops will take place in phases. Whether the


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decommissioning shall be done in step withfaithful observance of the roadmap or to theextent the outcome satises the MILF is anopen question.

What has really happened is that the

arena of the negotiations has been changed.From the arena involving only two parties--- theexecutive branch of the GRP and the MILF, thenegotiations are moved to a much broader arenawhere a “joint GRP-MILF panel” will be dealing,advocating and negotiating with institutionswho hold the key to the desired outcomes.These institutions are the Philippine Congress,Supreme Court, Moro revolutionary fronts,traditional, religious and political leaders in the

Bangsamoro areas. This arena is a big mineeldthat scares me no end.

There are many things that can go wrongin this arena.

The GPH is accommodating the demandsof the MILF within the country’s political system,constitution and laws. The agreement containsprovisions with doubtful constitutional and

statutory bases, among which are the ministerialform of government, abolition of the ARMM andthe asymmetric relationship between centralgovernment and the Bangsamoro government.Legal challenges can stop, set back or disruptthe process.

It does not help that the agreementdoes not sufciently explain or dene somecrucial terms like “asymmetric relationship”

and “ministerial form of government”. Theterm asymmetric was introduced by the MILFin the negotiations in relation to its demandfor a Moro sub-state. The GPH’s interpretationof the ministerial form of government looksdifferent from that of the MILF which envisionsa regional parliamentary set-up like that of thefederal states of Malaysia.

The open season for self-servingand multiple interpretations invite

judicial interventions that could derail theimplementation of the roadmap.

In the political front, it is illusory to

believe that Congress will pass the draft basiclaw in toto. Congress, with its plenary powerscan change, add or set aside the draft Basic Lawof the Transition Commission. Two factorswill play in passing the Basic law in CongressOne is the constitutionality of the provisionsof the Basic Law and two, whether the BasicLaw promotes or decimates the political andeconomic interests of legislators especially thosefrom Mindanao.

The draft Basic Law will be submitted

after the May 2013 elections. By then, thepolitical complexion and dynamics in thecountry will be different. The political capital ofa one-term sitting President even how popularhe is, diminishes after mid-term electionswhere political decisions will then be made inview of what could win candidates in the 2016presidential and national elections. Local

political leaders in the Moro region whosefragile support to the roadmap will be furtherstrained by the 2016 election fever where theyhave to play to other “power centers” outsideMalacanang. Without the solid support of thepolitical leaders in the region, ratication of theBasic Law and inclusion of the core areas in theBangsamoro will not happen.

Instead of passing the Basic Law, the

optimistic scenario is Congress will initiatecharter amendments to accommodate the termsof the Framework Agreement and the Basic LawThe potential pitfall here there is there may notbe enough constituency for Mindanao peace inthe whole country to ratify the amended charterin favor of the Bangsamoro. The rejection bythe national electorate of the needed charteramendments will not only set back the process


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but also open wounds of division that thisframework seeks to heal.

I hope that I will not be branded as a“prophet of doom” or a “spoiler” by what I said inthis piece. I fully support the roadmap which I

said IAG has advocated for long. But we cannotbe complacent and harbour the illusion thatMalacanang and the MILF alone can coast thisroadmap to a successful outcome. Power andwealth sharing between and among institutionsand leaders in the Bangsamoro will be as muchcrucial a factor as the negotiated sharing ofwealth and power between and among the Moropeople and the rest of the country.

I pray that in this arena where politicaltitans haggle for the bigger share of the smallpolitical and economic pie, the dividends out ofthis framework agreement will improve the lotof the poor and the marginalized in the region.Only then will this agreement be instrumentalin the quest for sustainable peace in the region.F ollow Dean Benny Bacani on Twitter @bbacani

Bangsamoro Basic LawFr. Eliseo R. Mercado, OMI

The establishment of the Bangsamoro NewPolitical Entity and the BangsamoroGovernment depends on the Congress of

the Republic of the Philippines.

The Comprehensive Peace Agreement(CPA) between the Philippine Government and

the Moro Islamic Liberation Front paves theway for Congress to repeal of the Organic Act(RA 9054) and pass a new legislation calledthe Bangsamoro Basic Law (BBL) which wouldbe the CHARTER for the Bangsamoro NewPolitical Entity or simply Bangsamoro.

The BBL shall be drafted by a 15-member ALL Bangsamoro Commission a.k.a. theTransitional Commission (TC), 7 members arenominated by the Philippine Government and8 members including the Chair are nomineesof the MILF. The draft BBL shall be certied

by President Aquino as priority legislation andsubmitted to Congress.

Upon the passage of the BBL, both thePhilippine Government and the MILF willwork together to ensure its ratication by thequalied voters in a plebiscite called for thepurpose within the identied core areas by thesame legislation.

There are three important phasesinvolved in the production of the BBL. The rstis the issuance of an Executive Order and aCongressional Resolution that would create theTransitional Commission (TC) tasked to draftthe BBL. The most important input to the saidCommission is the Comprehensive Agreementwhich in reality is the signed Framework

Agreement plus the much awaited 4 annexes –the rst two would dene the core issues of the

relations between the emerging Bangsamoroand the national government both on the powersharing and wealth sharing.

The other two annexes would lay out themechanism of governance during the transitionfrom ARMM to the new Political Entitythe normalization period and the gradualdecommissioning of the MILF forces.

It is prayed that the rst phase wouldNOT simply involve a ‘repackaging’ inlegislative lingo of the Comprehensive Peace

Agreement between the Government of thePhilippines (GPH) and the MILF. People hopethat the All-Bangsamoro TC would engagethrough public consultations, the stakeholders


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Opinions expressed in the articles belong to the authors and do not necessarily represent the views of IAG and KAS.

IAG as a policy platform continues to create more “tables” in our common search for genuine autonomy and governance.

IAG Policy Brief is published bi-monthly. Associate Editor: Ramie Toledo. Lay-out Artist: Omar Tadeja.

Go to www.iag.org.ph to download the pdf version.

in producing a draft bill that would be the BasicLaw. In this way, the BBL will enjoy wider andbroader constituency within the core territorycontemplated for the Bangsamoro.

The second phase is the actual legislation

of the Basic Law by the Congress of the Republic.

No doubt, this phase is more perilous forthe simple reason that the greater number ofthe members in both the House and the Senateare not familiar with the context and processesthat have been undertaken to produce the draftBasic Law. The draft BBL, surely, would adoptnew concepts like genuine self-rule in their localaffairs, ministerial form of government and a

new way of choosing the leadership (Elections)different from the rest of the country. It is forthis reason that the draft Basic Law shouldhave wider and broader champions other thanthe MILF and the GPH peace panel.

The third phase is equally daunting.This is the plebiscite called for the purpose thatwould determine ultimately the future of the

BBL and the actual constituents of the emergingBangsamoro. In short, all stakeholders shouldensure that the new Organic Act passed byCongress wins popular support.

The transition period begins from the ARMM to the Bangsamoro only after thisthird stage is carried through successfully. ABangsamoro Transitional Authority is, then,established within the Bangsamoro constituent

areas. In turn, it will assume all the authoritiesfunctions of the ‘fading’ ARMM government as itexercises fully the new powers granted to it bythe Basic Law.

In all these phases and processes, the

focal point is the Bangsamoro Basic Law. Itis the CHARTER or the ‘Constitution’ of theBangsamoro. It is of paramount importancethat the actual and future constituents of theemerging Bangsamoro should participate inevolving the said document. The greater thegeneral public is informed and involved in theprocess, the greater also the support the draftBasic Law would enjoy both in Congress aswell as in the plebiscite that will be called to

determine the areas that would become theconstituency of the Bangsamoro.

No doubt, the working of the 15-memberTC should go beyond a mere continuation ofthe negotiation and haggling between the twoparties. Its role is not just to codify in legislativelanguage the comprehensive peace agreementRather the TC should act as one body orcommission that sees the bigger picture and the

common good of the emerging Bangsamoro farbeyond the perspectives of the two principalsin the negotiation. Otherwise, the productionof the Basic Law becomes, yet, another futileexercise in another ‘experiment’ that is doomedto fail.F ollow Fr. Eliseo Mercado on Twitter @junmeromi


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SHAPING

PUBLIC POLICY

FOR PEACE AND

GOOD GOVERNANCE

The Institute for Autonomy and Governance(IAG) is an independent and non- partisan thinktank founded in 2001 to generate ideas on makingautonomy an effective vehicle for peace anddevelopment in the Southern Philippines. IAG isan institutional partner of the Konrad AdenauerStiftung in the Philippines.

KAS is in 5th floor, Cambridge Center Building,108 Tordesillas Corner Gallado Street, SalcedoVillage, Makati City, Metro Manila, Philippines,telephone 894-3737.

INSTITUTE FOR

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Notre Dame Avenue,

Cotabato City, Philippines,

Telefax (64)421-2071.

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The Framework Agreement on the Bangsamoro

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