You are on page 1of 5

THE FRAMEWORK AGREEMENT ON THE BANGSAMORO (FAB)

What is the FAB? The Framework Agreement on the Bangsamoro is an agreement between the Government of
the Philippines (GPH) at the Moro Islamic Liberation Front (MILF) that aims to end the armed conflict between
government forces and the MILF. The FAB lays down the principles for the establishment of an autonomous
political entity for the Bangsamoro, as a way of recognizing their distinct history and their aspirations as a
distinct people.

Why is the negotiation between the GPH and the MILF?


Even after fighting between the parties has gone on for several decades in contemporary history, it is recognized
that it is the common interest of the 2 parties to find a political settlement that would resolve the root causes of
the conflict.
The negotiations between the Moros and the GPH started in 1975 between the GPH and the Moro National
Liberation Front (MNLF). The Moro Islamic Liberation Front (MILF) negotiating with government in 1997.

What have been agreed upon by the parties in the FAB?


The parties agreed that the status quo is not acceptable. One of the more important steps in changing the
present situation is the establishment of the Bangsamoro the new autonomous political entity in
Mindanao. The Bangsamoro will have the necessary powers to run its own government, including the powers
necessary for taxation, availment of funds and the creation of wealth, and sharing of revenues from the
utilization, development and exploitation of natural resources within its territory.
In recognition of the distinct history, culture, and aspirations of the Bangsamoro, the Bangsamoro Government
shall enjoy stronger autonomy compared to the local government units of the Philippines. The Bangsamoro shall
also have a different form of government, while the rest of the Philippines has a presidential form. In the
parliamentary form of government, there will be a closer relationship between the legislative and the executive
branches of government. In addition, the Bangsamoro Government shall have competence over the Sharia
justice system, and indigenous systems of conflict resolution.

Who are the Bangsamoro?


Aside from establishing the Bangsamoro political entity, the FAB also recognizes the Bangsamoro identity, i.e.,
those who at the time of conquest are the original inhabitants of Mindanao, the Sulu archipelago and the
adjacent islands including Palawan, and their descendants. They have the right to the Bangsamoro identity by
ascription or self-ascription.
Included in the category are the spouses and their children.
Other indigenous peoples in said areas shall have the freedom of choice on whether to ascribe to such identity or
not.

What will happen to the ARMM?


The ARMM shall remain as an autonomous political entity unless and until it replaced by the Bangsamoro political
entity through the ratification of the Bangsamoro Basic Law (BBL). On May 13, 2013, there will be elections for
the leadership in the ARMM. But once the BBL is ratified, the ARMM shall be abolished, and in its place shall be
established the Bangsamoro.

What is the territory of the Bangsamoro?


The Bangsamoro shall be composed of the following areas:
1.

the present areas of the Autonomous Region in Muslim Mindanao (ARMM);

2.

the cities of Cotabato and Isabela;

3.

the municipalities of Baloi, Munao, Nunungan, Pantar, Tagoloan at Tangkal in the province of Lanao del
Norte that voted for the incldusion in the ARMM at the 2001 plebiscite;

4.

the barangays in the municipalities of Kabacan, Carmen, Aleosan, Pigcawayan, Pikit and Midsayap in
the province of (North) Cotabato, that voted for the incldusion in the ARMM at the 2001 plebiscite;

5.

all other contiguous areas where there is a resolution of the local government unit or a petition of at

least 10% of the qualified voters in the area asking for their inclusion at least 2 months prior to the
conduct of the ratification of the BBL. If the votes for inclusion to the Bangsamoro reach a majority,
then the said area will be included in the Bangsamoro territory.
Contiguous areas where there are substantial populations of the Bangsamoro may also submit a petition of at
least 10% of the residents for the inclusion of their local government unit in the Bangsamoro. The petition may
be submitted even after the ratification of the BBL. Should a majority of the residents vote for inclusion, the local
government unit will become part of the Bangsamoro.

What is the process in the establishment of the Bangsamoro?

1. Conclusion of a comprehensive peace agreement


The peace panels of the GPH and the MILF will work for the finalization and signing of a comprehensive peace
agreement. Aside from the FAB, the following Annexes will be part of the said agreement: (1) delineation and
sharing of powers between the central government and the Bangsamoro government; (2) the delineation and
sharing resources and the powers to be devolved to the Bangsamoro government for its creation of wealth, (3)
the process for normalizing the situation in the Bangsamoro; and (4) processes to be undertaken for the
establishment of the Bangsamoro.

2. Drafting of the Bangsamoro Basic Law


After a comprehensive peace agreement is signed, the Transition Commission will draft a Bangsamoro Basic Law
(BBL). The BBL is the legal basis of the establishment of the Bangsamoro. It will lay down the structure of
government of the Bangsamoro, the relationshop of the Bangsamoro with the Central Government, the rights of
the residents, and other important matters in the governance of the Bangsamoro. In drafting the BBL, the TC
will be guided by the provisions of the comprehensive peace agreements, and by the recommendations of the
different sectors that the TC will consult.
The Transition Commission is composed of 15 Bangsamoro who have been entrusted with the responsibility of
writing the Bangsamoro Basic Law that will be submitted to Congress. Also included in the responsibilities of the
TC are the tasks of proposing amendments to the Philippine Constitution, if needed, and the coordination of
development programs and projects in the Bangsamoro.

3. Submission of the draft BBL to the President


The draft BBL will be submitted by the TC to the Office of the President. The bill shall be certified by the latter
so that it can be urgently acted upon by Congress.

4. Recommendation for the amendment of the Constitution, if needed


If there is a recommendation to amend the Philippine Constitution, such recommendation shall be submitted to
the Office of the President so that it can be given appropriate action and for the process for the amendment of
the Constitution can be initiated.

5. Enactment of the BBL


Ang proposed BBL will be submitted to Congress and will be subjected to deliberations by the members of the
House of Representatives and the Senate, for passage into law. In the enactment of the law, both chambers
should be able to muster a majority vote of the members present. If and when the required number of votes
are achieved, the law shall be submitted to the President for his signature.

6. Ratification of the BBL


When the law is enacted in accordance with the procedure stated above, it will be submitted to the registered
voters of the Bangsamoro territory for their ratification.

7. Bangsamoro Transition Authority


When a majority of the registered voters in the Bangsamoro vote for the BBL at the plebiscite, the ARMM shall
be abolished and the Bangsamoro Transition Authority (BTA) is established.
Majority of the BTA will come from the MILF. Its primary task is to set up the structure of government in the
Bangsamoro, in accordance with the provisions of the angsamoro Basic Law. At this point, the residents of the
Bangsamoro shall be prepared for the regular election of those who will sit in the Bangsamoro government.

8. Election in the Bangsamoro


There will be elections in the Bangsamoro in year 2016, together with the elections elsewhere in the
Philippines. In these elections, the registered voters in the Bangsamorowhether they are Bangsamoro in
identity or notshall choose the leaders who will run the Bangsamoro Government
Myths and Facts

Myths

Facts

The
Framework
Agreement The FAB recognizes that there are different peoples and
discriminates against those who are identities in Mindanao and in the Bangsamoro. The FAB also
recognizes rights already recognized in laws and other legal
not Bangsamoro in identity.
documents, including the following rights:

Right to freedom and expression of religions and


beliefs

Right to freedom of speech

Right to express political opinion and pursue


democratically political aspiration

Right of women to meaningful political participation,


and protection from all forms of violence

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 establish cultural and religious associations

Right to freedom from religious, ethnic and sectarian


harassment

Based on the FAB, the political The Bangsamoro will remain to be a part of the Philippines, but
entity that will be established will no it will be an autonomous region. This means that it will enjoy a
longer be part of the Philippines, and different set of governmental powers, compared to the local

thus, there is a need for the drafting government units. The Bangsamoro Basic Law will be enacted
of the entitys constitution, i.e., the by Congress and such shall lay down the structure of the
Bangsamoro Government, in accordance with the provisions of
Bangsamoro Basic Law.
the comprehensive peace agreement.

Because they are the ones who According to the Framework Agreement, both parties agreed
negotiated with the GPH, the MILF that the status quo is not acceptable. Part of the status quo are
the structure and the processes in the ARMM, and its
will run the ARMM up to 2016.
relationship with the Central Government. Thus, even if the
ARMM has been repeatedly offered to the MILF, the latter has
not accepted the leadership of the ARMM. The MILFs interest
is a change in the relationship between the Central Government
and the Bangsamoro, and not the leadership of the ARMM.
In fact, there will be elections in the ARMM (and the rest of
the Philippines) this Mayo 2013. Whoever wins in the
elections in the ARMM in May 2013 will lead the region for
the coming term.
The Organization of the Islamic The mechanism for the monitoring of compliance of the parties
Cooperation (OIC) is tasked to of their obligations under the agreement is the Third Party
monitor the implementation of the Monitoring Team (TPMT). This will be composed of 2 local
non-government organization (NGOs) and 2 international nonFAB.
government organizations (INGOs), and to be led by an
eminent person.

In the FAB, local government units The local government units inside the territory of the
will be dissolved once the Bangsamoro shall remain and will continue to serve their
constituents. Unless and until a Local Government Code is
Bangsamoro is established.
enacted in the Bangsamoro, the powers and functions of the
LGUs will remain as they are.

According to the FAB, only men are The FAB does not say this. In fact, what the FAB says is that
allowed to run as leaders of the the women will have the right to meaningful participation in
communities and of the Bangsamoro. the Bangsamoro. Furthermore, the FAB also provides that
everyone is entitled to equal opportunity in social and
economic activity and the public service, regardless of class,
creed, disability, gender and ethnicity

The FAB will negate the 1996 Final The 1996 Final Peace Agreement is one of the bases of the
negotiations between the GPH and the MILF. It is not negated
Peace Agreement
but even used as a baseline in the current negotiations.

At what stage is the peace process in right now?

After the signing of the FAB, the parties started working on the 4 Annexes. But only one of the four annexes has
been signed by the parties. Three more still need to be finalized and signed-- (1) Power-sharing, (2) Wealthsharing, and (3) Normalization.

Why should every Filipino know this?


The peace process is not only for the benefit of the Moros, but also for all Filipinos. If there is going to be
peace, it is more hopeful that there will be development in Mindanaw. Such development will also propel
development in the whole country.

Is there a connection between the 2013 election and the peace process?
Yes. As stated earlier, the Bangsamoro Basic Law will pass through Congress (House of Representatives and the
Senate). Hence, our choice of leaders in this election is important because they will be the ones who will sit as
legislators tasked to deliberate and decide on the BBL.
(Publication

OXFAM)

of

this

primer

was

made

possible

through

the

assistance

of