PHNO-HL: GOVT, MILF SIGN BANGSAMORO AGREEMENT / VIEW THE AGREEMENT

GOVT, MILF SIGN BANGSAMORO AGREEMENT / VIEW THE
AGREEMENT

[PHOTO - Muslim women, who joined a nationwide peace caravan from
Mindanao in a show of support to the signing of the Bangsamoro framework
agreement, during a vigil near Malacañang palace. The government and the Moro
group signed on Monday, October 15, 2012, the framework agreement, which paves
the way for the creation of a Bangsamoro region to replace the Autonomous Region
in Muslim Mindanao. VAL RODRIGUEZ]
MANILA, OCTOBER 15, 2012 (PHILSTAR) Chief peace negotiators of
the government and the Moro Islamic Liberation Front (MILF) on Monday signed the
"framework agreement," which lays down the groundwork for the final and enduring
peace in Mindanao.
The chief negotiators of both sides, Marvic Leonen and Mohagher Iqbal signed
the framework agreement around 3 p.m., in the presence of President Benigno
Aquino III, MILF Chairman Al Haj Murad and Malaysian Prime Minister Najib Tun
Razak.
"In full view of the Filipino people... we commit to peace. A peace that will
be sustained to democratic ideals," President Aquino said before the actual
signing of the agreement.

[PHOTO- NUR MISUARI, CHAIRMAN OF THE MNLF]
He said that with the framework agreement, residents of Mindanao will be
given an equal opportunity as those being enjoyed by residents of the capital
region.
"People will be empowered. They will gain knowledge and marketable
skills...We will give people a chance to direct their lives towards advancement
in a democratic, peaceful, and safe society," he added.
Razak, meanwhile, promised in his speech that Malaysia will stay with the
Philippine government and the MILF until a final peace agreement is signed.
"I give my assurance to all the people of the Philippines, we will stand with
you to make this agreement work," the Malaysian prime minister said.
Both leaders agree that the framework agreement will not ultimately solve the
problem in Mindanao, but they are both hopeful that all quarters will unite to
achieve a lasting peace in the southern Philippines.
Peace adviser Secretary Teresita Deles and Murad also spoke before the actual
signing.

[PHOTO -Philippine government peace negotiator Marvic
Leonen (bottom R) and Moro Islamic Liberation Front chief negotiator Mohagher
Iqbal (bottom L) sign a framework agreement for peace at the Malacanang Palace
in Manila on October 15, 2012 as Malaysian peace broker Dato Tengko Abdul Ghafar
(C-seated), Moro Islamic Liberation Front (MILF) chief Murad Ebrahim (top L),
Malaysian Prime Minister Najib Razak (top 2nd L), Philippine President Benigno
Aquino (top 2nd R) and peace negotiator Teresita Deles (R) look on. AFP/ JAY DIRECTO]
Deles and the Moro leader are both optimistic that the signing of the
framework agreement will pave the way for a true and lasting peace in Mindanao.

"We pray never to see again refugee camps, camps with old folks, women and
children wallowing in misery...," Murad said in his speech.
Also present during the signing of the agreement were congressmen and
senators led by Senate President Juan Ponce Enrile and Speaker Feliciano
Belmonte.
The signing was also witnessed by the provincial governors of the ARMM and
nearby provinces.
Muslim groups gathered in the historic Don Chino Roces Bridge (formerly
Mendiola) cheered after news of the framework agreement's signing reached them.

At a press conference after the signing, Iqbal said that both panels will
meet again in November to discuss the final peace agreement. He declined to
provide more details.
He said that the MILF is hoping that the comprehensive peace pact will be
signed after the meeting.
Leonen, for his part, said that the annexes of the agreement will be
discussed during the next meeting, which will be held in Kuala Lumpur, Malaysia.


[PHOTO -PHILIPPINE PEACE PACT: All sides must make the deal
work. Philippine President Benigno Aquino (right) and government negotiator
Marvic Leonen are ecstatic after the government and MILF reached a preliminary
peace deal on Oct 7. AP pic ]
Fighters rejoice
Hundreds of MILF guerillas clad in combat gears watched the signing of the
framework agreement on television at the Moro group's main headquarters in Camp
Darapanan in Maguindanao province.
The fighters repeatedly chanted Allahu Akbar (Allah is great), while Murad
was delivering his speech before the signing of the accord.
The rebels, mostly Iranon and Maguindanaon natives, cheered loudly while
Iqbal and Leonen signed the document.
Col. Prudencio Asto, public affairs chief of the Army's 6th Infantry
Division, said the situation in Maguindanao and North Cotabato, where the MILF
has dozens of enclaves, were peaceful during the signing of the framework
agreement.
Asto said the rank-and-file personnel of the 6th ID, whose unit have
repeatedly figured in fierce clashes with the MILF in recent years, supports the
framework agreement.
"Every soldier in the 6th ID wants to see peace and development spread around
the areas under the division's jurisdiction," Asto said. with John Unson and Dennis Carcamo

Copy of the 'Framework Agreement on the
Bangsamoro' Home Updated October 15, 2012 02:08 PM 0 comment to this
post

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.


Chief News Editor: Sol Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE NEWS ONLINE
All
rights reserved




PHILIPPINE
HEADLINE NEWS ONLINE [PHNO] WEBSITE


[Non-text portions of this message have been removed]



------------------------------------

-------------------------------------------------------------
Follow us on Twitter: http://twitter.com/phnotweet

This is the PHILIPPINE HEADLINE NEWS ONLINE (PHNO) Mailing List.

To stop receiving our news items, please send a blank e-mail addressed to: phno-unsubscribe@yahoogroups.com

Please visit our homepage at: http://www.newsflash.org/

(c) Copyright 2009. All rights reserved.
-------------------------------------------------------------Yahoo! Groups Links

<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/phno/

<*> Your email settings:
Individual Email | Traditional

<*> To change settings online go to:
http://groups.yahoo.com/group/phno/join
(Yahoo! ID required)

<*> To change settings via email:
phno-digest@yahoogroups.com
phno-fullfeatured@yahoogroups.com

<*> To unsubscribe from this group, send an email to:
phno-unsubscribe@yahoogroups.com

<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/