The Framework Agreement on the Bangsamoro is a preliminary peace agreement signed in the . "Document regarding the Philippine government and the Moro Islamic Liberation Front on the framework peace agreement" (PDF). On October 7, , the Government of Philippines and the Moro Islamic Liberation Front released the Framework of Agreement on the Bangsamoro, which will. to the signing of the Framework Agreement on the Bangsamoro in October. and the completion of all its attached documents in January Underlying.
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FRAMEWORK AGREEMENT ON THE BANGSAMORO. The Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) herein referred to as the. Oct 15, Bangsamoro 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. Norhidayah Mohd Ramli Seminar on Conflicts and Conflict Resolution PSCI The Framework Agreement on the Bangsamoro (FAB) between the.
Therefore, numerous efforts has been taken to counter the conflict between Manila and Mindanao; Bangsamoro in order to ensure the stability and security of the South East Asia. On this writing, the main focus will revolve around the Framework Agreement on Bangsamoro which been signed on October 5, which marked the new phase of Manila — Mindanao relationship. Background of the Conflict The origins of the Southern Philippines ethno-religious conflict could be traced back to the era of Spanish — American war which occurred in that leads to the signed of Treaty of Paris. Although, Southern Philippines never became a part of Spanish Colony, due to the Mulu Sultanate aggression towards the Spanish military forces, Mindanao and Sulu remains as independents states ruled by Islamic royal government Sulu Sultanate. However, status quo of these two states was dramatically changed under the new agreement signed between the Spanish Colony and Americans; under the new agreement Mindanao and Sulu later became a part of United States Empire in Philippines. Muslim Filipinos in the south strongly protested this action on the grounds that they were independent states, and U. What followed was a variety of policies designed to integrate Muslim Filipinos into the larger mainstream Christian Filipino society.
Basic Law: it is crucial since Bangsamoro who upheld the Shariah law as the supreme legal authority in their system. Vested Rights: Collective democratic rights of constituents in Bangsamoro shall be recognized in Bangsamoro Basic Law. Composition of the Bangsamoro territory: which refers to the land and water territorial area in Southern Philippines.
The incident happened on Basilan, one of the three island provinces of the Sulu archipelago which stretches from the western tip of Mindanao to eastern Malaysia — hundreds of kilometers away from the MILF stronghold of Central Mindanao.
The military operation that triggered the clash was not coordinated through the ceasefire mechanisms, but the outcry in Manila was immediate and condemnation of the MILF swift.
However, it never broke down the efforts taken by both parties to reach the mutual peace agreement. Those provisions stated in FAB could be seen as much or less similar to the ones which have been presented previously in the The Memorandum of Agreement on the Ancestral Domain MOA —AD , which covers many controversial issues which is apparently similar with MOA —AD but more comprehensive in matters significant with the governance of Southern counterparts.
From the new status gained by MILF, it directly helps in creating a legal and formal ministerial form of Bangsamoro government which make them eligible to the rights of the state government, ancestral identity and other indigenous that populate the Southern area will be recognized their rights as the people of Republic of Philippines. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of both parties and shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance.
Under this provisions, the rights to choose and formulated the Southern government will lies in the hands of Bangsamoro people as well as other ethnicities in Mindanao.
Powers Due to the official recognition of the autonomous political entity which will be officially gained by the year , the concept of power sharing between Manila as Central Government and Bangsamoro as the state will prevail. It means, Bangsamoro as other state government in the republic system will exercise it s own exclusive powers and at the same time there will be some areas shared by both central and state government.
In conjunction with that matter, the legal accreditation of halal certification will be under the power of Bangsamoro. Revenue Generation and Wealth Sharing As what have been practiced by other state government in republic system, 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.
At the same time, the Central government also can beneficial 15 from the revenues gained by Bangsamoro through the inter-governmental relations and wealth sharing as practiced by other republican government.
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.
The power to govern within the said territories will be given to Bangsamoro as the democratic rights of the constituents and legitimacy of the autonomous government.
Basic Rights In addition to basic rights already enjoyed, the all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed.
It means all the rights which should be gained and prevailed in the democracy system should be practiced to all the citizen in Southern areas.
In addition, 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.
Transition and Implementation Both parties agree to the need for a transition period and the institution of transitional mechanisms which forms a part of the Framework Agreement 8.
Normalization 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.
Miscellaneous This Agreement shall not be implemented unilaterally. It requires both 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.
Analysis By referring to the Framework Agreement on Bangsamoro FAB as effort taken to reach peaceful settlements between Manila and Southern Philippines, obviously everyone will say it 17 looks good and fair deals for both disputant parties.
However, there are many obstacles or vague areas which become the indicator for the success of the Framework Agreement itself. Firstly, the questions whether the peace settlements will be last longer remain the big questions. Since, the tenure of President Aquino will last till Thus, it is pivotal point to ensure that his legacy in solving the decades of conflict that incur between Manila and Mindanao will be continued by his predecessors.
Another important point would be the legality of the Framework Agreement itself, since the previous agreement was challenged by the Court decision filed by the Christian minorities in Southern areas, thus the skeptical point of view on whether President Aquino succeeded in convincing the legislative bodies to accept the new enactments pertaining to Bangsamoro which actually leads to the amendment of several provisions under the Philippines Constitutions.
From this perspective, nobody can deny that the huge responsibility lies on the shoulder of Mr.
Therefore, by creating the new enactment that governs Bangsamoro, it is important that it officially accepted by the legislative body of Philippines. Secondly, the status of MILF who represents Bangsamoro also can lead to much controversy or even worst, the clash among others groups within Moros itself. People from MNLF and Abu Sayyaf will feel alienated and even discriminated due to the facts that none of their representatives were called upon the peace talks of Framework Agreement on Bangsamoro.
Thus, the question on full acceptance towards the content of the Framework Agreement will arise. The tendency there will be some rejections from the fraction groups within Bangsamoro is higher, since the FAB was signed between MILF only and not the whole groups who represent the Moros.
It is not an easy task to convince the rebel groups to lay down their arms and the Philippine armed forces may have some difficulties transferring policing functions to the Bangsamoro. The normalization process also consumes take longer periods for the outcomes to be seen. Then, the problems of adapting of the new life and acceptance not only among the Bangsamoro but also from the Filipinos to them will be the major obstacles.
Nevertheless, with the presence of a monitoring team—as well as the possibility of including an international peace-keeping contingent—may assist in implementing this provision of the Framework Agreement.
However, despite this lack of detail, there are features of the Framework that patently differ from those of the current Organic Act. Under the ARMM Organic Act, the auditing function is explicitly under the exclusive domain of the Central Government,  and the COA never had to share its general auditing authority with that of an equivalent or similar body from any regional government—autonomous or not. Moreover, considering the still-fragile relationship between the MILF and the GPH, the small and remote risk that the potentially huge sums involved here may be used by the leaders of the proposed federal sub-state to finance a secession in the future should still be diligently assessed and prepared for.
Hopefully, these concerns would be adequately addressed in the upcoming Annex thereon. Moreover, Executive Order No. However, the promised Annex could still deliver sufficient details that would lay the foundation for a comprehensive and feasible program to be integrated in the BBL, so that all the greivenaces, injustices, and human rights violations that have caused the longstanding conflict in Mindanao may finally and comprehensively be addressed.
Otherwise, these grievances, if left uncheck and unresolved, will simply become the seeds for a new conflict in the future. Many residents of Mindanao—Bangsamoro and non-Bangsamoro alike—have been killed, displaced, and impoverished by the decades-long conflict.
Challenges Ahead Aside from the legal and administrative concerns, among the difficulties facing the success of the current peace process are: 1 the Philippine-Malaysia territorial dispute over the eastern part of Sabah refueled by the recent occupation of one of its towns by the alleged royal armed forces of the Filipino Sultanate of Sulu,  and 2 the upcoming Philippine Congressional and local elections in May On February 11, , an armed group of around individuals arrived in the town of Lahad Datu in Sabah.
Prior to the formation of the Malaysian Federation in , Sabah, which was formerly known as North Borneo, has long been claimed by both countries.
The Philippines is claiming the territory based on the heritage of the said Sultanate, which claims that Sabah was only leased to the British North Borneo Company that administered the area on behalf of the British Empire.
As for the parties themselves, the said dispute has not affected their determination to push through with the peace process, with GPH and MILF representatives explicitly assuring the media that the Sabah crisis will not derail their efforts. For the BBL to be properly realized, however, the party of the incumbent administration of the GPH should not just concentrate on supporting the campaign of its Congressional candidates, who are, by default, supportive of the current peace process.
Fourth, while the MOA-AD  was written in such a way that the government could have acted without a plebiscite. This Framework Agreement  is very clear in requiring a democratic mandate.
First, the organic law, to be written by the Transition Committee, must be passed by Congress. Then the communities involved must approve it by plebiscite. Assuming the law is passed and the plebiscite is approved, then the MILF must seek an elected mandate from the people.
The major political commitments that were made in the Framework Agreement can be achieved within the flexibilities of the existing constitution. Nevertheless, Article 17 of the Constitution allows any citizen to recommend ideas to amend the constitution through proper legal processes.
This gives the community the choice to opt out of the Bangsamoro. Are they going to be independent? This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy. 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.