In The Name of God, The Beneficent, The Merciful Framework Agreement On The Bangsamoro
In The Name of God, The Beneficent, The Merciful Framework Agreement On The Bangsamoro
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,
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.
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.
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.
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
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 Shariah courts and to expand their
jurisdiction over cases. The Bangsamoro shall have competence over the Shariah justice
system. The supremacy of Shariah 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 Shariah justice system, as well as the formal institutionalization
and operation of its functions, and the expansion of the jurisdiction of the Shariah courts;
b) Measures to improve the workings of local civil courts, when necessary; and
6. The customary rights and traditions of indigenous peoples shall be taken into consideration
in the formation of the Bangsamoros justice system. This may include the recognition of
indigenous processes as alternative modes of dispute resolution.
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
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.
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.
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:
c. Right to privacy;
g. Right of women to meaningful political participation, and protection from all forms of
violence;
h. Right to freely choose ones 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;
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.
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.
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.
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;
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.
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.
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.
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
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.