Overview of the Peace Process

and the Bangsamoro Basic Law

Comprehensive Agreement on
the Bangsamoro
COMPREHENSIVE AGREEMENT ON THE BANGSAMORO

Agreement for the General Cessation of

Hostilities FRAMEWORK AGREEMENT ON THE
General Framework of Agreement of
B A N G S A M O R O
Intent
ANNEX on Transitional
Agreement on the General Framework Arrangements and ANNEX on Normalization
on the Resumption of Peace Talks Modalities
Agreement on Peace between the GPH
& MILF ANNEX on Revenue
Generation and Wealth ANNEX on Power Sharing
Declaration of Continuity for Peace Sharing
Negotiations
ADDENDUM on Bangsamoro Waters and Zones of Joint
GPH-MILF Decision Points on Principles Cooperation

various agreements, guidelines, terms of reference, and joint statements

 Framework Agreement on the
Bangsamoro
Annex on Transitional Annex on Revenue Annex on Power Annex on
Arrangements & Generation & Wealth Sharing Normalization
Modalities Sharing

Road Map Full Fiscal Autonomy Reserved, Aim: Ensure human

Basic Law Taxation and Other Concurrent, Exclusive security in the
Exit Agreement Sources of Revenues Powers Bangsamoro
Transitional Wealth Sharing IGR Principles Components of
Mechanisms & Fund Transfers from Governance Normalization
Modalities Central Government Structure Existing Mechanisms
Intergovernmental Powers Already and Mechanisms to
Fiscal Policy Board Devolved be Established

Addendum on Bangsamoro Waters &

Zones of Joint Cooperation
Bangsamoro Waters
Zones of Joint Cooperation
Joint Body for Zones of Joint Cooperation
 Road Map to the Bangsamoro

Creation of the Drafting of the Submission of Certification as Passage of the

Bangsamoro Bangsamoro BBL to Urgent Bill by BBL in
Transition Basic Law Congress the President Congress
Commission

Plebiscite for ARMM is Bangsamoro Election for the Signing of the

the BBL; BTC deemed Transition Bangsamoro Exit
shall cease to abolished once Authority Government in Agreement
exist BBL is ratified established 2016 Source: OPAPP
 Plebiscite ARMM is deemed Bangsamoro Election for the Signing of
Passage of the Exit
for the abolished once Transition Authority Bangsamoro
the BBL in Agreement
BBL BBL is ratified established Government
BTC; Drafting of Submission of Congress
the Bangsamoro BBL to
Basic Law Congress ESTABLISHMENT of the BANGSAMORO

Establishment &
operationalization
Ratification of the of the police force 2 months
Bangsamoro for the prior to
Completion of the
Basic Law Bangsamoro Exit
verification and
Agreement
validation of MILF
forces conducted
Signing of by the IDB
Annex on
Normalization
NORMALIZATION PROCESS
Components of Normalization
 Mechanisms Under Normalization
TRANSITIONAL COMPONENTS of NORMALIZATION

Transitional
Joint Independent Third Party Independent Justice and
Normalization Commission on Monitoring Decommissionin Reconciliation
Committee Policing Team g Body Commission
JNC ICP TPMT IDB TJRC

Coordinating
Joint Peace Ad Hoc Committee on International
and Security Joint Action the Cessation Monitoring
Committee Groups of Hostilities Team

JPSC AHJAG CCCH IMT

EXISTING CEASEFIRE MECHANISMS

Joint Peace AHJAG Local

And Security Team Sites Monitoring
Teams Teams
JPSTs LMTs
 Peace Process Structure
PEACE NEGOTIATIONS

ICG GPH Malaysian MILF

Panel Facilitator Panel Donors
& Aid
Sect Sect Sect Agencies
CEASEFIRE IMPLEMENTATION

GPH-MILF GPH-MILF BDA GPH

IMT Institutions
AHJAG CCCH

Security REHABILITATION
Humanitarian & DEVELOPMENT
Rehab & Devt
AHJAG LMT
Team Sites Socio-Econ
BLMI
CPC
HIGHLIGHTS

Bangsamoro Basic Law

 Where Are We Now?
Framework ADDENDUM Comprehensive
Agreement
on the
ANNEX ANNEX ANNEX ANNEX to the Annexes on Agreement
on the
on Transitional on Revenue Power Sharing &
Bangsamoro on Power on Wealth Sharing on Bangsamoro
Arrangements Generation &
Sharing Normalization
FAB & Modalities Wealth Sharing BANGSAMORO
WATERS
CAB
15 Oct 2012 27 Feb 2013 13 Jul 2013 8 Dec 2013 25 Jan 2014 25 Jan 2014 27 Mar 2014

EO No. 120
17 Dec 2012
BTC
Commissioners
SB 2408
appointed 15 September 2014
25 Feb 2013

Submitted to
CONGRESS
10 Sept 2014
Certified as
Bangsamoro URGENT BILL
Basic Law

BBL Submitted to
MALACAAN
HB 4994
20 Apr 2014 22 Apr 2014 11 September 2014
 Outline of the BBL
Preamble Powers of Bangsamoro Justice Plebiscite
Government System
Name and Purpose Bangsamoro
Intergovernmental Public Order and Transition Authority
Bangsamoro Relations Security
Identity Amendments and
Bangsamoro Fiscal Autonomy Revisions
Territory Parliament
Economy and Final Provisions
General Principles Wali Patrimony
and Policies
Basic Rights Rehabilitation and
Development
Purpose of the BBL
To establish a political entity, provide for its
basic structure of government in recognition
of the justness and legitimacy of the cause of
the Bangsamoro people and their aspiration
to chart their political future through a
democratic process that will secure their
identity and posterity and allow for
meaningful self-governance.
Bangsamoro Identity
Natives or original inhabitants of Mindanao and
the Sulu archipelago and its adjacent islands
including Palawan at the time of conquest and
colonization
Spouses and their descendants, whether of mixed
or of full blood, have the right to identify
themselves as Bangsamoro by ascription or self-
ascription
The freedom of choice of other Indigenous
peoples shall be respected
 Bangsamoro Core Territory
the present geographical area of the
Autonomous Region in Muslim
Mindanao (ARMM)
6 Municipalities in the province of
Lanao del Norte: Baloi, Munai,
Nunungan, Pantar, Tagoloan and
Tangkal;
39 barangays in the Municipalities of
Kabacan, Carmen, Aleosan,
Pigkawayan, Pikit, and Midsayap in
North Cotabato

the Cities of Cotabato and Isabela

those qualified for inclusion in the

plebiscite, by way of resolution or
petition
 Plebiscite
For the present geographic area of
the ARMM: per province and city

For the municipalities in the Province

of Lanao del Norte: per municipality

For the 39 barangays in North

Cotabato: per barangay
For the cities of Cotabato and
Isabela: per city
For the petitioning LGU: per LGU
Bangsamoro Waters
and Zones of Joint Cooperation
Bangsamoro Waters
and Zones of Joint Cooperation

shoreline

HIGH TIDE

LOW TIDE

foreshore

Municipal Waters
Joint Body for the
(15 kms.)
Zones of Joint
Cooperation
Bangsamoro Waters
(22.224 kms. /
12 nautical miles)
Zones of Joint Cooperation
in the Moro Gulf & Sulu Sea
General Principles and Policies
Self-Governance
Democratic political system
Civilian government
Promotion of unity
Social justice
International treaties and agreements
Power Sharing
Reserved powers are powers or
matters over which authority
and jurisdiction are retained by
the Central Government.
Exclusive powers are powers or
matters over which authority
RESERVED EXCLUSIVE
and jurisdiction pertain to the POWERS POWERS
Bangsamoro Government.
Concurrent powers refer to
shared powers between the
Central Government and the
Bangsamoro Government, as CONCURRENT
POWERS
contained in the Annex on
Power Sharing and as further
provided for in the Bangsamoro
Basic Law.
Inter-Governmental Relations
Asymmetric relationship
Parity of esteem
General supervision
Principle of devolution and subsidiarity
Bangsamoro Participation in Central
Government
Inter-Governmental Relations
Establish a mechanism at the
highest levels, i.e. Central
Government Bangsamoro
Government
Intergovernmental Relations
Body, for coordination and
harmonization; dispute
resolution through regular
consultation and continuing
negotiation in a non-
adversarial manner
 Inter-Governmental Relations
There shall also be a Philippine
Congress Bangsamoro
Parliament Forum for
cooperation and coordination
of legislative initiatives
And an Intergovernmental
Fiscal Policy Board for
cooperation and coordination
on fiscal matters (e.g.
harmonization of fiscal policies,
address revenue imbalances
and fluctuations, etc.)
Inter-Governmental Relations
Composition: Chief Minister
(Chair), provincial governors,
mayors of chartered cities, and
a representative each of the
non-Moro indigenous
BANGSAMORO
COUNCIL OF
communities, women, settler
LEADERS communities, and other
sectors
The Council shall advise the
Chief Minister on matters of
governance in the
Bangsamoro.
Political & Electoral System
Ministerial (parliamentary)
50% form of government
60 members of the
parliament
40% Party representatives
10% District representatives
BANGSAMORO Reserved seats & Sectoral
PARLIAMENT representatives
3-year term, no more than 2
terms
Wali as titular head
 Political & Electoral System
The executive power
and authority shall
be exercised by the
BANGSAMORO Chief Minister who
CABINET
heads the ministerial
Elected by majority votes from
among the members of the
government of the
Parliament Bangsamoro.
Composition: Chief
CHIEF MINISTER

Appointed by the Chief Minister

from among the elected members
Minister, Deputy
DEPUTY of the Parliament Chief Minister, and
CHIEF MINISTER
other ministers
Majority shall also come from
among the members of the
Parliament
OTHER
MINISTERS
Bangsamoro Justice System

Shariah Traditional / Local Courts Alternative

Tribal Justice Dispute
Courts System Resolution

The justice system in the Bangsamoro shall be

composed of the Shariah courts, which shall
have supremacy and application over Muslims
only; the traditional/ tribal justice system, for the
indigenous peoples in the Bangsamoro; the local
courts; and alternative dispute resolution
systems.
 Public Order and Security
Policing
BANGSAMORO
POLICE
Regional: Headed by a Bangsamoro
Police Director; assisted by at least two
Deputies
Provincial: Provincial Director
City/Municipal: Chief of Police
Bangsamoro Police Board
Law enforcement and
maintenance of peace and order
are primary functions of the
Bangsamoro Police
Professional, civilian in character,
regional in scope, effective and
efficient in law enforcement, fair
and impartial, free from partisan
political control, and accountable
under the law for its actions
Responsible both to the Central
Government and the Bangsamoro
Government, and to the
communities it serves.
Transitional Justice
Creation of a transitional justice mechanism to
address the legitimate grievances of the
Bangsamoro people
historical injustices
human rights violations
marginalization through unjust dispossession of
their territorial and proprietary rights and
customary land tenure
Revenue Generation and Wealth Sharing
25%
CENTRAL
GOVERNMENT 100% 100%
75% BANGSAMORO
GOVERNMENT
BANGSAMORO
GOVERNMENT
BANGSAMORO
GOVERNMENT

National Taxes Collected Taxes Transferred to the Taxes Already Devolved

in the Bangsamoro Bangsamoro to the ARMM
SHARING ON TAXES

25%
CENTRAL
100% GOVERNMENT 50% 50%
BANGSAMORO
GOVERNMENT 75% BANGSAMORO
GOVERNMENT
CENTRAL
GOVERNMENT
BANGSAMORO
GOVERNMENT

Non-Metallic Minerals Metallic Minerals Fossil Fuels

REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES

Fiscal Autonomy
Revenue Generation
Taxation, Fees and Charges
Other Sources of Revenues
Revenues from and participation in GOCCs
Grants and donations
Grants from economic agreements entered into by the
BG; and conventions to which the CG is a party
Loans and ODA
Sharing in the revenues from EDU of natural resources
Fiscal Autonomy
Block Grant Special Development Fund
4% of the national internal P7 billion for the first year,
tax revenue collection (less: and P10 billion paid out
IRA of LGUs) over 5 years
Automatic appropriation For rehabilitation and
Regular release development purposes
Deductions from the block
grant
Review mechanism
Economy and Patrimony
Equitable & Sustainable Development
Development plan shall take into consideration
the natural resources that are available for its use
and for the use of future generations
Effective use of economic resources and
endeavor to attain economic development that
shall facilitate growth and full employment,
human development, and social justice
Provide equitable opportunities for the
development of constituent local government
units and shall strengthen governance systems to
ensure peoples participation
Economy and Patrimony
Natural Resources
Protection, conservation, rehabilitation, and
development of forests, coastal, and marine
resources
EDU of natural resources:
Preferential rights of bona fide inhabitants of the
Bangsamoro; Preferential rights of IPs
Ensure that communities in whose territory these
resources are found are given an equitable share
from the revenues generated from such utilization
Economy and Patrimony
Natural Resources
Prohibition against environmentally
destructive activities
Prohibition Against Toxic or Hazardous
Substances
Legislating Benefits, Compensation for Victims
and Communities Adversely Affected by
Mining and Other Activities that Harness
Natural Resources
Economy and Patrimony
Trade and Industry
domestic trade preference for goods produced
and materials sourced from within the
Bangsamoro and adopt measures to increase its
competitiveness; access to markets
provide technical and skills training programs,
create livelihood and job opportunities, allocate
equitable preferential rights to its inhabitants,
and adopt laws that will safeguard the rights of
workers.
Rehabilitation and Development
Intensify development efforts
for the rehabilitation,
reconstruction and
development of the
Bangsamoro as part of the
normalization process
Address needs of MILF
combatants/BIAF members,
decommissioned women
auxiliary forces, internally
displaced persons, and poverty-
stricken communities
Bangsamoro Transition Authority
The Bangsamoro Transition Authority (BTA) shall
be the interim government or the governing body
in the Bangsamoro during the transition period.
Composed of fifty (50) members, appointed by
the President;
Non-Moro indigenous communities, women,
settler communities and other sectors shall have
representatives in the BTA
All devolved authorities shall be vested in the BTA
during the transition period.
Bangsamoro Transition Authority
Enactment of priority legislations
Organization of the bureaucracy
Transfer of powers and properties of ARMM
Regional Government, and the disposition of
personnel
Transition plan and other matters necessary
for transition
ARMM
Upon ratification of the Bangsamoro Basic Law,
the ARMM shall be deemed abolished
BTA shall schedule the gradual phasing out of
offices of the ARMM
CG shall provide the necessary funds for the
benefits and entitlements of affected employees
in the ARMM
BTA to institute an independent and transparent
placement and hiring process that will look at the
merits of the applicants, and shall consider ethnic
and gender balance
BASIC SECTORS, IDENTITIES & SPECIAL CONCERNS

Bangsamoro Basic Law

 Basic Sectors, Groups, and Identities

Participation and Representation

Non-Moro IPs, women,

settler communities and
other sectors shall have
representatives in the
BTA

Nominations may be
submitted to the Office
of the President for this
purpose

Bureaucracy: Gender
and ethnic balance as
factor in the hiring and
placement process
 Basic Sectors, Groups, and Identities

Participation and Representation

Reserved Seats:
(2) Non-Moro IPs
(2) Settler Communities
(1) Women

The Bangsamoro
Parliament shall
determine the manner
of election of sectoral
and other
representation in the
Parliament
 Basic Sectors, Groups, and Identities

Participation and Representation

There shall be at least

one (1) competent
woman to be appointed
to the Bangsamoro
Cabinet

Parliament shall create

an appropriate office or
ministry for IPs, which
shall be part of the
Bangsamoro Cabinet
 Basic Sectors, Groups, and Identities

Participation and Representation

Non-Moro IPs, women,

settler communities,
and other sectors shall
each have a
representative in the
Bangsamoro Council of
Leaders
 Basic Sectors, Groups, and Identities

Participation and Representation

Establishment of
consultation
mechanisms for
women, local
communities, and
marginalized sectors
 Basic Sectors, Groups, and Identities

Development Policies and

Programs
Special development programs and laws for
women, the youth, the elderly, labor, the
differently-abled, and indigenous cultural
communities
Comprehensive Framework for Sustainable
Development to include measures for the
reduction of vulnerability of women and
marginalized groups to climate change and
variability
Labor Sector
Labor Rights Prohibited Acts
Self-organization Involuntary servitude
Collective bargaining and Trafficking in persons
negotiations
Engagement of minors in
Peaceful concerted any hazardous or
activities, including the right
to strike deleterious forms of
employment
Participate in decision-
making processes affecting
their rights and benefits
Security of tenure, humane
conditions of work, and a
living wage
Peasant and Fisherfolk
Advance agriculture as Taxes, fees, or charges
a key development on agricultural and
strategy aquatic products,
Promote productivity except when sold by
measures marginal farmers or
Provide support for fisherfolk
farmers and fishers,
especially small land
holders and marginal
fishers
Non-Moro / Non-IP
Representation in the BTA, Parliament, and
Council of Leaders
Basic Rights:
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 freedom of speech
Right to express political opinion and pursue
democratically political aspirations
Non-Moro / Non-IP
Basic Rights:
Right to freedom and expression of religion and
beliefs
Right to establish cultural and religious
associations
Right to freedom from religious, ethnic and
sectarian harassment
Non-Moro / Non-IP
Vested property rights shall be recognized and
respected
Indigenous Peoples
General Principles
Economic and geographical criteria
Recognition &
protection of customs
and traditions, beliefs, Individual and communal property
and cultures rights
Protection of the rights
of the indigenous Cultural integrity
peoples in the
Bangsamoro
Customary beliefs
United Nations
Declaration on the
Rights of Indigenous Historical and community
Peoples traditions
Indigenous Peoples
Right to their native titles and/or fusaka
On Basic Rights inged
Right to indigenous customs and
Indigenous traditions
Right to their justice systems
Peoples Rights - Right to indigenous political structures
Recognition of Right to an equitable share in revenues
the rights of the from utilization of resources in their
ancestral lands
indigenous Right to free and prior informed consent
peoples Right to political participation in the
Bangsamoro Government
Right to basic services
Right to freedom of choice as to their
identity
Indigenous Peoples
On Basic Rights
Customary Rights and Traditions
Customs, beliefs and traditions are recognized,
protected and guaranteed
Adopt measures to ensure mutual respect and
protection of the distinct beliefs, customs and
traditions
Freedom from any form of discrimination on account
of creed, religion, ethnic origin, parentage or sex
Preservation of Bangsamoro Cultural Heritage
Tribal University System
Indigenous Peoples
On Governance
Creation of LGUs: The Bangsamoro Parliament
may likewise create appropriate LGUs in areas
inhabited predominantly by indigenous
peoples
Development Programs: The office or ministry
for the Indigenous Peoples shall develop and
implement the Bangsamoro programs for the
indigenous peoples
Indigenous Peoples
On Justice and Security
Traditional/Tribal Justice System
Justice system that is appropriate for indigenous peoples, as
defined by them.
Office for Traditional/Tribal Justice System
Ensure full participation of IPs in the formulation,
implementation and evaluation of policies related to the
strengthening of tribal justice system
Alternative Dispute Resolution (ADR)
indigenous processes as alternative modes of dispute resolution
Recognition of indigenous structures or systems, which
promote peace, law, and order
Institutional support for these structures and systems to be
provided
Indigenous Peoples
On Natural Resources
Rights of Indigenous Peoples on Natural
Resources
Recognizes rights of IPs in relation to natural
resources, including equitable share in revenues
Preferential rights in EDU
Ensure ecological balance, safety and health, and
protection of interests of affected communities & IPs
Right to free and prior informed consent,
including right to FPIC in relation to development
initiatives
Women
Social Justice and Basic Rights
Right of women to meaningful political
participation and protection from all forms
of violence
Womens representation also in other decision-
making and policy-determining bodies of the
Bangsamoro Government in recognition of the
important role of women in nation-building and
regional development
Right to equal opportunity and non-
discrimination in social and economic activity
and the public service
Women
Social Justice and Basic Rights
Protection against exploitation, abuse
or discrimination
Right of women to engage in lawful
employment
Parliament to enact laws for the
protection and promotion of the rights
of women
Women
of the total
5% budget Gender & Development
appropriation of
each ministry,
Bangsamoro GAD Plan
office, and
constituent LGU
Mechanism for
consultation with
women and local
5% - communities for the
allocation and proper
30 % utilization of the funds
of the ODA
Children and Youth
Basic Rights
The Bangsamoro Government shall uphold,
respect, protect and promote the fundamental
rights children
Children, especially orphans of tender age, shall
be protected from exploitation, abuse or
discrimination
Prohibition against engagement of minors in any
hazardous or deleterious forms of employment
Children and Youth
Basic Rights
Bangsamoro policies and programs must take
into utmost consideration the best interest of
the child, non-discrimination of children,
survival and development, protection and
rights of children, youth and adolescents.
Adopt measures for the protection of youth in
the Bangsamoro and the promotion of their
welfare, and to create the appropriate office
and other mechanisms.
Children and Youth
Basic Rights | Education
Right to free public education in the
elementary and high school levels
A complete and integrated system of quality
education, with an educational framework
that is relevant, and responsive to the needs,
ideals, and aspirations of the Bangsamoro
Physical education and sports development
Sukran!!