GRP-MILF draft pact on Bangsamoro homeland Philippine Daily Inquirer First Posted 0 !"#!

00 0#$0%$ 00# &he Go'ernment of the Repu(lic of the Philippines )GRP* and the Moro Islamic Li(eration Front )MILF* herein referred to as the +Parties, to this -greement. &erms of Reference &he conte/t of referents follo0s! &he -greement for General 1essation of 2ostilities dated 3uly "#4 "556 Bet0een the GRP and the MILF4 and its Implementing -dministrati'e and 7perational Guidelines8 &he General Frame0or9 of -greement of Intent Bet0een the GRP and the MILF dated -ugust 64 "55#8 &he -greement on the General Frame0or9 for the Resumption of Peace &al9s Bet0een the GRP and the MILF dated March %4 00"8 &he &ripoli -greement on Peace Bet0een the GRP and the MILF dated 3une 4 00"8 &he &ripoli -greement Bet0een the GRP and the Moro :ational Li(eration Front )M:LF* dated Decem(er ;4 "56< and the Final -greement on the Implementation of the "56< &ripoli -greement Bet0een the GRP and the M:LF dated =eptem(er 4 "55<8 Repu(lic -ct :o. <6;%4 as amended (y R.-. 50>%4 other0ise 9no0n as +-n -ct to =trengthen and ?/pand the -utonomous Region in Muslim Mindanao )-RMM*,8 IL7 1on'ention :o. "<54 in correlation to the @: Declaration on the Rights of the Indigenous Peoples4 and Repu(lic -ct :o. #;6"

other0ise 9no0n as the Indigenous Peoples Rights -ct of "5564 the @: 1harter8 the @: @ni'ersal Declaration on 2uman Rights4 International 2umanitarian La0 )I2L*4 and internationally recogniAed human rights instruments8 and 1ompact rights entrenchment emanating from the regime of dar-ul-muaBhada )or territory under compact* and dar-ul-sulh )or territory under peace agreement* that parta9es the nature of a treaty de'ice. For the purpose of this -greement4 a +treaty, is defined as any solemn agreement in 0riting that sets out understanding4 o(ligations4 and (enefits for (oth parties 0hich pro'ides for a frame0or9 that ela(orates the principles declared in the -greement. 2a'e agreed and ac9no0ledged as follo0s! 17:1?P&= -:D PRI:1IPL?= ". It is the (irthright of all Moros and all Indigenous peoples of Mindanao to identify themsel'es and (e accepted as +Bangsamoros,. &he Bangsamoro people refers to those 0ho are nati'es or original inha(itants of Mindanao and its adCacent islands including Pala0an and the =ulu archipelago at the time of conquest or coloniAation of its descendants 0hether mi/ed or of full (lood. =pouses and their descendants are classified as Bangsamoro. &he freedom of choice of the Indigenous people shall (e respected. . It is essential to lay the foundation of the Bangsamoro homeland in order to address the Bangsamoro peopleBs humanitarian and economic needs as 0ell as their political aspirations. =uch territorial Curisdictions and geographic areas (eing the natural 0ealth and patrimony represent the social4 cultural and political identity and pride of all the Bangsamoro people. 70nership of the homeland is 'ested e/clusi'ely in them (y 'irtue of their prior rights of occupation that had inhered in them as siAea(le (odies of people4 delimited (y their ancestors since time immemorial4 and (eing the first politically

organiAed dominant occupants. ;. Both Parties ac9no0ledge that ancestral domain does not form part of the pu(lic domain (ut encompasses ancestral4 communal4 and customary lands4 maritime4 flu'ial and allu'ial domains as 0ell all natural resources therein that ha'e inured or 'ested ancestral rights on the (asis of nati'e title. -ncestral domain and ancestral land refer to those held under claim of o0nership4 occupied or possessed4 (y themsel'es or through the ancestors of the Bangsamoro people4 communally or indi'idually since time immemorial continuously to the present4 e/cept 0hen pre'ented (y 0ar4 ci'il distur(ance4 force maCeure4 or other forms of possi(le usurpation or displacement (y force4 deceit4 stealth4 or as a consequence of go'ernment proCect or any other 'oluntary dealings entered into (y the go'ernment and pri'ate indi'iduals4 corporate entities or institutions. %. Both Parties ac9no0ledge that the right to self-go'ernance of the Bangsamoro people is rooted on ancestral territoriality e/ercised originally under the suAerain authority of their sultanates and the Pat a Pangampong 9u Rana0. &he Moro sultanates 0ere states or 9araCaan$9adatuan resem(ling a (ody politic endo0ed 0ith all the elements of nation-state in the modern sense. -s a domestic community distinct from the rest of the national communities4 they ha'e a definite historic homeland. &hey are the +First :ation, 0ith defined territory and 0ith a system of go'ernment ha'ing entered into treaties of amity and commerce 0ith foreign nations. &he Parties concede that the ultimate o(Cecti'e of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity4 to protect their property rights and resources as 0ell as to esta(lish a system of go'ernance suita(le and accepta(le to them as distinct dominant people. >. Both Parties affirm their commitment to mutually respect the right to oneBs identity and the parity of esteem of e'eryone in the political community. &he protection of ci'il rights and

religious li(erties of indi'iduals underlie the (asis of peace and Custice of their totality of relationships. <. Both Parties agree that the Bangsamoro 3uridical ?ntity )B3?* shall ha'e the authority and Curisdiction o'er the -ncestral Domain and -ncestral lands4 including (oth aliena(le and nonaliena(le lands encompassed 0ithin their homeland and ancestral history4 as 0ell as the delineation of ancestral domain$lands of the Bangsamoro people located therein. 6. Dested property rights upon the entrenchment of the B3? shall (e recogniAed and respected su(Cect to paragraph 5 of the strand on Resources. &?RRI&7RE ". &he Bangsamoro homeland and historic territory refer to the land mass as 0ell as the maritime4 terrestrial4 flu'ial and allu'ial domains4 and the aerial domain4 the atmospheric space a(o'e it4 em(racing the Mindanao-=ulu-Pala0an geographic region. 2o0e'er4 delimitations are contained in the agreed =chedules )1ategories*. . &o0ard this end4 the Parties entered into the follo0ing stipulations! a. &he Go'ernment of the Repu(lic of the Philippines )GRP* and the Moro Islamic Li(eration Front )MILF* as the Parties to this -greement commit themsel'es to the full and mutual implementation of this frame0or9 agreement on territory 0ith the aim of resol'ing outstanding issues that emanate from the consensus points on -ncestral Domain. (. &he Parties confirm their understanding that the mutual goal of reaching an agreement on Bangsamoro territory specific to mapping the outlying (orders and the (oundaries affecting local go'ernment units 0ill lead to consolidation of the agreed te/ts

on the -ncestral Domain =trands. c. &he Parties affirm that the core of the B3? shall constitute the present geographic area of the -RMM4 including the municipalities of Baloi4 Munai4 :unungan4 Pantar4 &agoloan and &ang9al in the pro'ince of Lanao del :orte that 'oted for inclusion in the -RMM during the 00" ple(iscite8 d. Fithout derogating from the requirements of prior agreements4 the go'ernment stipulates to conduct and deli'er4 0ithin si/ )<* months follo0ing the signing of the Memorandum of -greement on -ncestral Domain4 a ple(iscite co'ering the areas as enumerated in the list and depicted in the map as 1ategory - attached herein )the +-nne/,*. &he -nne/ constitutes an integral part of this frame0or9 agreement. e. &he areas co'ered (y 1ategory B has already (een reflected on a map and officially agreed (y (oth Parties. f. Internal Faters! &he Bangsamoro 3uridical ?ntity )B3?* shall ha'e Curisdiction o'er the management4 conser'ation4 de'elopment4 protection4 utiliAation and disposition of all natural resources4 li'ing and non-li'ing4 0ithin its internal 0aters e/tending fifteen )">* 9ilometers from the coastline of the B3? area. g. &erritorial Faters! )"* &he territorial 0aters of the B3? shall stretch (eyond the B3? internal 0aters up to the Repu(lic of the Philippines )RP* (aselines south east and south 0est of mainland Mindanao. Beyond the fifteen )">* 9ilometers internal 0aters4 the 1entral Go'ernment and the B3? shall e/ercise Coint Curisdiction4 authority and management o'er areas and GofH all natural resources4 li'ing and non-li'ing contained therein. &he details of such management of the &erritorial Faters shall (e pro'ided in an agreement to (e entered into (y the Parties. ) * &he (oundaries of the territorial 0aters shall stretch (eyond

the ">-9m B3? internal 0aters up to the 1entral go'ernmentBs (aselines under e/isting la0s. In the southern and eastern part of the B3?4 it shall (e demarcated (y a line dra0n from the Maguling Point4 Palim(ang4 Pro'ince of =ultan Iudarat up to the straight (aselines of the Philippines. 7n the north0estern part4 it shall (e demarcated (y a line dra0n from Little =ta. 1ruA Island4 Jam(oanga 1ity4 up to :aris Point4 BataraAa4 Pala0an. 7n the 0estern part of Pala0an4 it shall (e demarcated (y a line dra0n from the (oundary of BataraAa and RiAal up to the straight (aselines of the Philippines. &he final demarcation shall (e determined (y a Coint technical (ody composed of duly-designated representati'es of (oth Parties4 in coordination 0ith the appropriate 1entral Go'ernment agency in accordance 0ith the a(o'e guidelines. h. =haring of Minerals on &erritorial Faters! 1onsistent 0ith paragraphs > and < of the pro'isions on Resources4 all potential sources of energy4 petroleum in situ4 hydrocar(on4 natural gas and other minerals4 including deposits or fields found 0ithin the territorial 0aters4 shall (e shared (et0een the 1entral Go'ernment and the B3? in fa'or of the latter through production sharing agreement or economic cooperati'e agreement. i. -cti'ities -llo0ed on &erritorial Faters! )"* &he Parties shall ha'e authority to carry out the follo0ing acti'ities 0ithin the territorial 0aters! )a* ?/ploration and utiliAation of the natural resources4 0hether li'ing or non-li'ing 0ithin the territorial 0aters8 )(* ?sta(lishments and use of artificial islands4 installations and structures8 )c* Marine scientific research8

)d* Protection and the preser'ation of the marine en'ironment8 )e* 1onser'ation of li'ing resources8 )f* Regulation of shipping and fishing acti'ities8 )g* ?nforcement of police and safety measures4 including interdiction of the entry and use of the 0aters (y criminal elements and hot pursuit of suspected criminal elements8 )h* Regulation and control of contra(and and illegal entry of prohi(ited materials and su(stances4 including smuggling8 and )i* =uch other measures as the Parties may other0ise mutually agree. ) * -cti'ities relating to e/ploration and utiliAation of non-li'ing resources4 as 0ell as paragraphs )c* and )d* of the -uthoriAed -cti'ities 0ill (e carried out on a Coint (asis agreed (y the Parties 0hich may (e in the form of production sharing agreements or Coint de'elopment pacts. C. ?sta(lishment of a 3oint 1ommission! )"* &he Parties shall esta(lish a 3oint 1ommission4 0hich shall ela(orate the modalities for the implementation and the carrying out of the -uthoriAed -cti'ities and the measures adopted in cases of allegation of (reach4 and carry out any other functions 0hich may (e assigned to it (y the Parties for the purpose of implementing the Coint management of resources. ) * &he 3oint 1ommission shall consist of one representati'e from each Party4 0ho are assisted (y ad'isers as may (e needed. &he conclusions of the 3oint 1ommission shall (e adopted (y consensus and shall only (e recommendatory in nature. 7nly 0hen the conclusions of the 3oint 1ommission are adopted (y the Parties do they (ecome (inding on the Parties.

9. Demarcation and =tatus of &erritorial Faters! &he demarcation and status of the B3? territorial 0aters shall (e finally determined together 0ith the demarcation and final status of 1ategory B of the B3?. ;. From and after entrenchment of compact rights o'er the Bangsamoro homeland and the territorial Curisdictions for associati'e go'ernance shall li9e0ise em(race those under proclamation for agricultural and human settlements intended for the Bangsamoro people4 all aliena(le and disposa(le land4 pasture lands4 tim(erlands together 0ith all e/isting ci'il and military reser'ations4 par9s4 old gro0th or natural forests declared as forest reser'es4 0atersheds4 mangro'es4 fishponds4 0etlands4 marshes4 inland (odies of 0ater and all (ays4 straits and channels found 0ithin the B3?. %. -ll territorial and geographic areas in Mindanao and its adCacent islands including Pala0an4 and the =ulu archipelago that ha'e (een recogniAed4 and$or delineated as ancestral domain and ancestral land of the Bangsamoro people as their geographic areas4 inclusi'e of settlements and reser'ations4 may (e formed or constituted into political su(di'isions of the Bangsamoro territorial Curisdictions su(Cect to the principles of equality of peoples and mutual respect and to the protection of ci'il4 political4 economic4 and cultural rights in their respecti'e Curisdictions. >. For purposes of territorial delimitation4 the Parties ha'e agreed to the Coint determination of geographic areas encompassed 0ithin the territorial (orders of the Bangsamoro homeland and territory (ased on the technical maps and data su(mitted (y (oth sides as pro'ided a(o'e. R?=7@R1?= ". &he Bangsamoro Curidical entity is empo0ered 0ith authority and responsi(ility for the land use4 de'elopment4 conser'ation

and disposition of the natural resources 0ithin the homeland. @pon entrenchment of the Bangsamoro Curidical entity4 the land tenure and use of such resources and 0ealth must reinforce their economic self-sufficiency. -mong the purposes or measures to ma9e progress more rapid are! a. ?ntry into Coint de'elopment4 utiliAation4 and e/ploitation of natural resources designed as commons or shared resources4 0hich is tied up to the full setting of appropriate institution4 particularly affecting strategic minerals. (. =timulation of local economy (y a range of mechanism4 in particular the need to address unemployment and impro'ement of li'ing conditions for the population in the Bangsamoro Curidical entity8 c. Intensification of measures needed to uproot the cause of po'erty in the Bangsamoro Curidical entity through responsi(le harnessing and de'elopment of its natural resources8 and d. @nderta9ing program re'ie0 of pu(lic ser'ices4 industrial or trade-related and agrarian-related issues in situations of different sectors of the society in the Bangsamoro Curidical entity4 0hich acquire communal character deri'ing from the special nature of their industry. . &he Bangsamoro People through their appropriate Curidical entity shall4 among others4 e/ercise po0er or authority o'er the natural resources 0ithin its territorial Curisdiction! a. &o e/plore4 e/ploit4 use or utiliAe and de'elop their ancestral domain and ancestral lands 0ithin their territorial Curisdiction4 inclusi'e of their right of occupation4 possession4 conser'ation4 and e/ploitation of all natural resources found therein8 (. &o conser'e and protect the human and natural en'ironment for their sustaina(le and (eneficial enCoyment and their posterity8

c. &o utiliAe4 de'elop4 and e/ploit its natural resources found in their ancestral domain or may enter into a Coint de'elopment4 utiliAation4 and e/ploitation of natural resources4 specifically on strategic minerals4 designed as commons or shared resources4 0hich is tied up to the final setting of appropriate institution. d. &o re'o9e or grant forest concessions4 tim(er license4 contracts or agreements in the utiliAation and e/ploitation of natural resources designated as commons or shared resources4 mechanisms for economic cooperation 0ith respect to strategic minerals4 falling 0ithin the territorial Curisdiction of the Bangsamoro Curidical entity8 e. &o enact agrarian la0s and programs suita(le to the special circumstances of the Bangsamoro people pre'ailing in their ancestral lands 0ithin the esta(lished territorial (oundaries of the Bangsamoro homeland and ancestral territory is 0ithin the competence of the Bangsamoro Curidical entity8 and f. &o use such natural resources and 0ealth to reinforce their economic self-sufficiency. ;. &he Bangsamoro 3uridical ?ntity4 and the 1entral Go'ernment agree on 0ealth-sharing (ased on a mutually agreed percentage ratio in fa'or of the Bangsamoro Curidical entity through an economic cooperation agreement or arrangement o'er the income and re'enues that are deri'ed from the e/ploration4 e/ploitation4 use and de'elopment of any resources for the (enefit of the Bangsamoro people. %. &he Bangsamoro Curidical entity is free to enter into any economic cooperation and trade relations 0ith foreign countries! pro'ided4 ho0e'er4 that such relationships and understandings do not include aggression against the Go'ernment of the Repu(lic of the Philippines8 pro'ided4 further that it shall remain the duty and o(ligation of the 1entral Go'ernment to ta9e charge of e/ternal defense. Fithout preCudice to the right of the Bangsamoro Curidical entity to enter into agreement and

en'ironmental cooperation 0ith any friendly country affecting its Curisdiction4 it shall include! a. the option to esta(lish and open Bangsamoro trade missions in foreign countries 0ith 0hich it has economic cooperation agreements8 and (. the elements (earing in mind the mutual (enefits deri'ed from Philippine archipelagic status and security. -nd4 in furtherance thereto4 the 1entral Go'ernment shall ta9e necessary steps to ensure the Bangsamoro Curidical entityBs participation in international meetings and e'ents4 e.g. -=?-: meetings and other specialiAed agencies of the @nited :ations. &his shall entitle the said Curidical entity participation in Philippine official missions and delegations that are engaged in the negotiation of (order agreements or protocols for en'ironmental protection4 equita(le sharing of incomes and re'enues4 in the areas of sea4 sea(ed and inland seas or (odies of 0ater adCacent to or (et0een islands forming part of the ancestral domain4 in addition to those of fishing rights. >. 3urisdiction and control o'er4 and the right of e/ploring for4 e/ploiting4 producing and o(taining all potential sources of energy4 petroleum4 in situ4 fossil fuel4 mineral oil and natural gas4 0hether onshore or offshore4 is 'ested in the Bangsamoro Curidical entity as the party ha'ing control 0ithin its territorial Curisdiction4 pro'ided that in times of national emergency4 0hen pu(lic interest so requires4 the 1entral Go'ernment may4 during the emergency4 for a fi/ed period and under reasona(le terms as may (e agreed (y (oth Parties4 temporarily assume or direct the operations of such strategic resources. <. &he Bangsamoro go'ernment-ta9e or profit split from total production shall (e shared 0ith the 1entral Go'ernment on a percentage ratio of 6>K$ >K in fa'or of the Bangsamoro Curidical entity. -ll royalties4 (onuses4 ta/es4 charges4 custom duties or imposts on natural resources and mineral resources

shall (e shared (y the Parties on a percentage ratio of 6>K$ >K in fa'or of the Bangsamoro Curidical entity. 6. &he legitimate grie'ances of the Bangsamoro people arising from any unCust dispossession of their territorial and propriety rights4 customary land tenures4 or their marginaliAation shall (e ac9no0ledged. Fhene'er restoration is no longer possi(le4 the GRP shall ta9e effecti'e measures of adequate reparation collecti'ely (eneficial to the Bangsamoro people4 in such quality4 quantity and status to (e determined mutually (y (oth Parties. #. -ll proclamations4 issuances4 policies4 rules and guidelines declaring old gro0th or natural forests and all 0atersheds 0ithin the B3? as forest reser'es shall continue to remain in force until other0ise modified4 re'ised or superseded (y su(sequent policies4 rules and regulations issued (y the competent Bangsamoro authority or Curidical entity. 5. Forest concessions4 tim(er licenses4 contracts or agreements4 mining concessions4 Mineral Production and =haring -greements )MP=-*4 Industrial Forest Management -greements )IFM-*4 and other land tenure instruments of any 9ind or nature 0hatsoe'er granted (y the Philippine Go'ernment including those issued (y the present -utonomous Region in Muslim Mindanao )-RMM* shall continue to operate from the date of formal entrenchment of the Bangsamoro Curidical entity unless other0ise e/pired4 re'ie0ed4 modified and$or cancelled (y the latter. "0. &he Parties recogniAed an immediate need to esta(lish a fi'e-mem(er Bangsamoro economic-e/pert mission )the +Mission,* (earing in mind that the functioning of the economy and the operation of institutions in'ol'e financial and other resource management as 0ell as parallel or complementary means4 (y 0hich the Bangsamoro De'elopment -gency 0ill manage and administer resources acquired for the a(o'e purposes4 especially in coordinating strategies and programs for cooperation in all fields.

"". &he said Mission acts as a lin9 in the conduct of Bangsamoro Curidical entityBs associati'e parallel relationships and shall cooperate fully 0ith all organiAations in'ol'ed in implementation of the peace settlement. It shall launch a plan and Coint international appeal for the repatriation and de'elopment of the conflict affected areas in Mindanao. Persons appointed thereto must (e familiar 0ith the specific economic4 political and legal characteristics in the Mindanao-=ulu-Pala0an region and must possess recogniAed competence4 integrity4 and high moral standing. " . 1ogniAant that the Bangsamoro economic-e/pert Mission 0ill (enefit from international e/pertise4 (oth the 1entral Go'ernment and the B3? here(y Coin the &hird Party facilitator in in'iting international funding institutions or equi'alent entities for reconstruction and de'elopment to appoint t0o mem(ers and to designate one as the 1hairman. &he B3? shall designate one mem(er as 1o-1hairman. &he remaining t0o mem(ers shall each (e designated (y the 1entral Go'ernment and the B3?. G7D?R:-:1? ". &he recognition and peaceful resolution of the conflict must in'ol'e consultations 0ith the Bangsamoro people free of any imposition in order to pro'ide chances of success and open ne0 formulas that permanently respond to the aspirations of the Bangsamoro people. ". &he ultimate o(Cecti'e of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity4 to protect their property rights and resources as 0ell as to esta(lish a system of go'ernance suita(le and accepta(le to them as a distinct dominant people. &he parties respect the freedom of choice of the indigenous peoples. ;. &he Parties agree to in'ite a multinational third-party to o(ser'e and monitor the actual implementation of the comprehensi'e compact 0hich 0ill em(ody the details for the

effecti'e enforcement of this -greement. &he participation of the third-party shall not in any 0ay affect the status of the relationship (et0een the 1entral Go'ernment and the B3?. %. &he relationship (et0een the 1entral Go'ernment and the Bangsamoro Curidical entity shall (e associati'e characteriAed (y shared authority and responsi(ility 0ith a structure of go'ernance (ased on e/ecuti'e4 legislati'e4 Cudicial and administrati'e institutions 0ith defined po0ers and functions in the comprehensi'e compact. - period of transition shall (e esta(lished in a comprehensi'e peace compact specifying the relationship (et0een the 1entral Go'ernment and the B3?. >. &he modalities for the go'ernance intended to settle the outstanding negotiated political issues are deferred after the signing of the Memorandum of -greement on -ncestral Domain. &he esta(lishment of institutions for go'ernance in a comprehensi'e peace compact4 together 0ith its modalities during the transition period4 shall (e fully entrenched and esta(lished in the (asic la0 of the Bangsamoro Curidical entity. &he Parties shall faithfully comply 0ith their commitment to the associati'e arrangements upon entry into force of a comprehensi'e compact (et0een the MILF and GRP. 6. &he Parties agree that the mechanisms and modalities for the actual implementation of this M7- -D shall (e spelt out in the comprehensi'e compact to mutually ta9e such steps to ena(le it to occur effecti'ely. -ny pro'isions of the M7- on -ncestral Domain requiring amendments to the e/isting legal frame0or9 shall come into force upon signing of a comprehensi'e compact and upon effecting the necessary changes to the legal frame0or9 0ith due regard to non derogation of prior agreements and 0ithin the stipulated timeframe to (e contained in the comprehensi'e compact.

#. &he parties agree that the B3? shall (e empo0ered to (uild4 de'elop and maintain its o0n institutions4 inclusi'e of4 ci'il ser'ice4 electoral4 financial and (an9ing4 education4 legislation4 legal4 economic4 and police and internal security force4 Cudicial system and correctional institutions4 necessary for de'eloping a progressi'e Bangsamoro society the details of 0hich shall (e discussed in the negotiation of the comprehensi'e compact. 5. &he Parties further agree to underta9e acti'ities 0hich 0ill enhance the capacity of the go'ernment institutions during the transition through technical assistance4 information-sharing and human resource de'elopment. "0. Matters concerning the details of the agreed consensus points on Go'ernance not co'ered under this -greement shall (e deferred to4 and discussed during4 the negotiations of the comprehensi'e compact.