The Comprehensive agreement on the bangsamoro

The Comprehensive agreement

on the bangsamoro Abhoud Syed M. Lingga

In Pursuit of Reconciled Diversity: A CEEAP National Convocation 22 May 2014, St. Paul University Manila23 May 2014, Cebu City

Introduction

• On 27 March 2014 the Moro Islamic Liberation Front (MILF) and the Government of the Philippines (GPH) signed the Comprehensive Agreement on the Bangsamoro (CAB) after 17 years of negotiations

• The CAB is the consolidation and affirmation of all GPH-MILF signed agreements from 1997 to the present

Compromise solution

• The CAB is a compromise solution to the armed conflict

• The armed conflict is sovereignty-based– Assertions of the Bangsamoro to exercise their

right to self-determination – Assertions of the GPH for its sovereignty and

territorial integrity

Costs of the armed conflict

• More than 50,000 deaths• More than a million displaced people• Government spent P76 billion from 1970-1996• In year 2000 all-out war against the MILF,

Government spent no less than P6 billion

• Economic output lost directly – $2 billion to $3 billion from 1970-2001

(about P5 billion to P7.5 billion annually)

Compromise solution

• Recognition of Bangsamoro identity; they are still Filipino citizens

• Acknowledgement of the Bangsamoro territory; that territory still part of the Philippine territory

• Exercise of self-governance; Bangsamoro Government still part of the Philippine Government

New relationship

• Relationship between the Central Government and Bangsamoro Government shall be asymmetric

• Recognition and respect of basic rights, vested property rights, indigenous people’s rights

Bangsamoro Government

• Bangsamoro Government shall be established to replace the ARMM

• Govern by basic law• Ministerial in form• It shall have democratically-elected assembly• Intergovernmental relations (IGR) mechanism

Powers of government

• Delineation of powers– Reserved powers of the Central Government– Concurrent powers - shared powers between the

Central Government and the Bangsamoro Government

– Exclusive powers of the Bangsamoro Government

New economic arrangement• Taxing powers of the Bangsamoro

– All taxing powers already devolved to the ARMM– Capital gains tax, documentary stamp tax, donor’s tax and

estate tax• Share of the Bangsamoro Government from Central

Government taxes, fees and charges collected in the Bangsamoro is 75%

• Bangsamoro shares from government income from exploration, development and utiliztion of natural resources– Non-metallic minerals – 100%– Metallic minerals – 75%– Fossil fuels and uranium – 50%

Normalization

• Normalization is a process whereby communities can achieve their desired quality of life

• Aims to ensure human security in the Bangsamoro

• Helps build a society that is committed to basic human rights and where long-held traditions and values continue to be honored

Normalization• Police force for the Bangsamoro shall be in-

charge of law enforcement and maintenance of peace and order

• Graduated decommissioning of MILF forces and weapons

• Redeployment of the Armed Forces of the Philippines

• Disbanding of the private armed groups• Socio-economic development program for

combatants and poor Bangsamoro communities• Transitional justice and reconciliation

Roadmap for the Future

• The CAB is a new roadmap for the future of the Bangsamoro

• The new challenge is its successful implementation which requires system change and building of new institutions

Implementation of the CAB

• Successful implementation of the CAB – Opens opportunity for peace– Provides people in conflict-affected communities

opportunity to pursue their economic endeavors– Better chances for development works and

attract investments– Healing of wounds

First Step

• Bangsamoro Basic Law– Drafting by the Bangsamoro Transition

Commission– Submission to the Office of the President– Legislative action by Congress– Plebiscite

Second step

• Establishment of the Bangsamoro Transition Authority

Third Step

• Election in 2016• Organization of the Bangsamoro Government

Thank you