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 Manila 23 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 incharge 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