IN
THE NAME OF GOD THE BENEFICENT, THE MERCIFUL
MEMORANDUM
OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT
OF THE GRP-MILF TRIPOLI AGREEMENT ON PEACE OF 2001
The
Government of the Republic of the Philippines (GRP) and the Moro
Islamic Liberation Front (MILF)
herein referred to as the “Parties” to this Agreement,
TERMS
OF REFERENCE:
The
Agreement for General Cessation of Hostilities dated July 18,
1997 Between the GRP and the MILF, and its Implementing
Administrative and Operational Guidelines;
The General Framework of Agreement of Intent Between the GRP and
the MILF dated August 27, 1998;
The
Agreement on the General Framework for the Resumption of Peace
Talks Between the GRP and the MILF dated March 24, 2001;
The
Tripoli Agreement on Peace Between the GRP and the MILF dated
June 22, 2001;
The
Tripoli Agreement Between the GRP and the Moro National
Liberation Front (MNLF) dated December 23, 1976 and the Final
Agreement on the Implementation of the 1976 Tripoli Agreement
Between the GRP and the MNLF dated September 2, 1996;
Republic
Act No. 6734, as amended by R.A. 9054, otherwise known as “An
Act to Strengthen and Expand the Autonomous Region in Muslim
Mindanao (ARMM)”;
ILO
Convention No. 169, in correlation to the UN Declaration on the
Rights of the Indigenous Peoples, and Republic Act No. 8371
otherwise known as the Indigenous Peoples Rights Act of 1997,
the UN Charter, the UN Universal Declaration on Human Rights,
International Humanitarian Law (IHL), and internationally
recognized human rights instruments; and
Compact rights entrenchment emanating from the regime of
dar-ul-mua’hada (or territory under compact) and dar-ul-sulh
(or territory under peace agreement) that partakes the nature of
a treaty device.
For
the purpose of this Agreement, a “treaty” is defined as any
solemn agreement in writing that sets out understandings,
obligations, and benefits for both parties which provides for a
framework that elaborates the principles declared in the
Agreement.
HAVE
AGREED AND ACKNOWLEDGED AS FOLLOWS:
CONCEPTS
AND PRINCIPLES:
It
is the birthright of all Moros and all Indigenous peoples of
Mindanao to identify themselves and be accepted as “Bangsamoros”.
The Bangsamoro people refers to those who are natives or
original inhabitants of Mindanao and its adjacent islands
including Palawan and the Sulu archipelago at the time of
conquest or colonization and their descendants whether mixed or
of full native blood. Spouses and their descendants are
classified as Bangsamoro. The freedom of choice of the
Indigenous people shall be respected.
It
is essential to lay the foundation of the Bangsamoro homeland in
order to address the Bangsamoro people’s humanitarian and
economic needs as well as their political aspirations. Such
territorial jurisdictions and geographic areas being the natural
wealth and patrimony represent the social, cultural and
political identity and pride of all the Bangsamoro people.
Ownership of the homeland is vested exclusively in them by
virtue of their prior rights of occupation that had inhered in
them as sizeable bodies of people, delimited by their ancestors
since time immemorial, and being the first politically organized
dominant occupants.
Both
Parties acknowledge that ancestral domain does not form part of
the public domain but encompasses ancestral, communal, and
customary lands, maritime, fluvial and alluvial domains as well
as all natural resources therein that have inured or vested
ancestral rights on the basis of native title.
Ancestral
domain and ancestral land refer to those held under claim of
ownership, occupied or possessed, by themselves or through the
ancestors of the Bangsamoro people, communally or individually
since time immemorial continuously to the present, except when
prevented by war, civil disturbance, force majeure, or other
forms of possible usurpation or displacement by force, deceit,
stealth, or as a consequence of government project or any other
voluntary dealings entered into by the government and private
individuals, corporate entities or institutions.
Both
Parties acknowledge that the right to self-governance of the
Bangsamoro people is rooted on ancestral territoriality
exercised originally under the suzerain authority of their
sultanates and the Pat a Pangampong ku Ranaw. The Moro
sultanates were states or karajaan/kadatuan resembling a body
politic endowed with all the elements of nation-state in the
modern sense. As a domestic community distinct from the rest of
the national communities, they have a definite historic
homeland.
They
are the “First Nation” with defined territory and with a
system of government having entered into treaties of amity and
commerce with foreign nations. The Parties concede that the
ultimate objective of entrenching the Bangsamoro homeland as a
territorial space is to secure their identity and posterity, to
protect their property rights and resources as well as to
establish a system of governance suitable and acceptable to them
as a distinct dominant people.
Both
Parties affirm their commitment to mutually respect the right to
one’s identity and the parity of esteem of everyone in the
political community. The protection of civil rights and
religious liberties of individuals underlie the basis of peace
and justice of their totality of relationships.
Both
Parties agree that the Bangsamoro Juridical Entity (BJE) shall
have the authority and jurisdiction over the Ancestral Domain
and Ancestral lands, including both alienable and non-alienable
lands encompassed within their homeland and ancestral territory,
as well as the delineation of ancestral domain/lands of the
Bangsamoro people located therein.
Vested
property rights upon the entrenchment of the BJE shall be
recognized and respected subject to paragraph 9 of the strand on
Resources.
TERRITORY:
The
Bangsamoro homeland and historic territory refer to the land
mass as well as the maritime, terrestrial, fluvial and alluvial
domains, and the aerial domain, the atmospheric space above it,
embracing the Mindanao-Sulu-Palawan geographic region. However,
delimitations are contained in the agreed Schedules
(Categories).
Toward
this end, the Parties enter into the following stipulations:
The
GRP and MILF as the Parties to this Agreement commit themselves
to the full and mutual implementation of this framework
agreement on territory with the aim of resolving outstanding
issues that emanate from the consensus points on Ancestral
Domain.
The
Parties confirm their understanding that the mutual goal of
reaching an agreement on Bangsamoro territory specific to
mapping the outlying borders and the boundaries affecting local
government units will lead to consolidation of the agreed texts
on the Ancestral Domain Strands.
The Parties affirm that the core of the BJE shall constitute the
present geographic area of the ARMM, including the
municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del Norte that voted for
inclusion in the ARMM during the 2001 plebiscite.
Without
derogating from the requirements of prior agreements, the
Government stipulates to conduct and deliver, using all possible
legal measures, within twelve (12) months following the signing
of the MOA-AD, a plebiscite covering the areas as enumerated in
the list and depicted in the map as Category A attached herein
(the “Annex”). The Annex constitutes an integral part of
this framework agreement. Toward this end, the Parties shall
endeavour to complete the negotiations and resolve all
outstanding issues on the Comprehensive Compact within fifteen
(15) months from the signing of the MOA-AD.
The
areas covered by Category B are reflected on a map and list
attached herein as agreed to by the Parties. Category B (the
“Special Intervention Areas”) refers to conflict affected
areas outside the BJE which shall be the subject of special
socio-economic and cultural affirmative action implemented by
the Central Government pending the conduct of a plebiscite not
earlier than twenty-five (25) years from the signing of the
Comprehensive Compact to determine the question of their
accession to the BJE. The areas reflected are subject to further
negotiations by the Parties. The Annex constitutes an integral
part of this framework agreement.
Internal
Waters:The BJE shall have jurisdiction over the management,
conservation, development, protection, utilization and
disposition of all natural resources, living and non-living,
within its internal waters extending fifteen (15) kilometers
from the coastline of the BJE area.
Territorial
Waters:
(1)
The territorial waters of the BJE shall stretch beyond the BJE
internal waters up to the Republic of the Philippines (RP)
baselines south east and south west of mainland Mindanao. Beyond
the fifteen (15) kilometers internal waters, the Central
Government and the BJE shall exercise joint jurisdiction,
authority and management over areas and all natural resources,
living and non-living contained therein. The details of such
management of the Territorial Waters shall be provided in an
agreement to be entered into by the Parties.
(2)
The boundaries of the territorial waters shall stretch beyond
the 15-km. BJE internal waters up to the Central Government’s
baselines under existing laws. In the southern and eastern part
of the BJE, it shall be demarcated by a line drawn from the
Maguling Point, Palimbang, Province of Sultan Kudarat up to the
straight baselines of the Philippines. On the northwestern part,
it shall be demarcated by a line drawn from Little Sta. Cruz
Island, Zamboanga City, up to Naris Point, Bataraza, Palawan. On
the western part of Palawan, it shall be demarcated by a line
drawn from the boundary of Bataraza and Rizal up to the straight
baselines of the Philippines.
The
final demarcation shall be determined by a joint technical body
composed of duly-designated representatives of both Parties, in
coordination with the appropriate Central Government agency in
accordance with the above guidelines.
Sharing
of Minerals on Territorial Waters:Consistent with paragraphs 5
and 6 of the provisions on Resources, all potential sources of
energy, petroleum in situ, hydrocarbon, natural gas and other
minerals, including deposits or fields found within the
territorial waters, shall be shared between the Central
Government and the BJE in favor of the latter through production
sharing agreement or economic cooperation agreement.
Activities
Allowed on Territorial Waters:
(1)
The Parties shall have authority to carry out the following
activities within the territorial waters:
(a)
Exploration and utilization of the natural resources, whether
living or non-living, within the territorial waters;(b)
Establishment and use of artificial islands, installations and
structures;(c) Marine scientific research;(d) Protection and the
preservation of the marine environment;(e) Conservation of
living resources;(f) Regulation of shipping and fishing
activities;(g) Enforcement of police and safety measures,
including interdiction of the entry and use of the waters by
criminal elements and hot pursuit of suspected criminal
elements;(h) Regulation and control of contraband and illegal
entry of prohibited materials and substances, including
smuggling; and(i) Such other measures as the Parties may
otherwise mutually agree.
(2)
Activities relating to exploration and utilization of non-living
resources, as well as paragraphs (c) and (d) of the Authorized
Activities will be carried out on a joint basis agreed by the
Parties which may be in the form of production sharing
agreements or joint development pacts.
Establishment
of a Joint Commission:
(1)
The Parties shall establish a Joint Commission, which shall
elaborate the modalities for the implementation and the carrying
out of the Authorized Activities and the measures adopted in
cases of allegation of breach, and carry out any other functions
which may be assigned to it by the Parties for the purpose of
implementing the joint management of resources.
(2)
The Joint Commission shall consist of one representative from
each Party, who are assisted by advisers as may be needed. The
conclusions of the Joint Commission shall be adopted by
consensus and shall only be recommendatory in nature. Only when
the conclusions of the Joint Commission are adopted by the
Parties do they become binding on the Parties.
Demarcation
and Status of Territorial Waters:The demarcation and status of
the BJE territorial waters shall be finally determined together
with the demarcation and final status of Category B territory of
the BJE.
From
and after entrenchment of compact rights over the Bangsamoro
homeland and the territorial jurisdictions for associative
governance shall likewise embrace those under proclamation for
agricultural and human settlements intended for the Bangsamoro
people, all alienable and disposable lands, pasture lands,
timberlands together with all existing civil and military
reservations, parks, old growth or natural forests declared as
forest reserves, watersheds, mangroves, fishponds, wetlands,
marshes, inland bodies of water; and all bays, straits and
channels found within the BJE.
All
territorial and geographic areas in Mindanao and its adjacent
islands including Palawan, and the Sulu archipelago that have
been declared recognized, and/or delineated as ancestral domain
and ancestral land of the Bangsamoro people as their geographic
areas, inclusive of settlements and reservations, may be formed
or constituted into political subdivisions of the Bangsamoro
territorial jurisdictions subject to the principles of equality
of peoples and mutual respect and to the protection of civil,
political, economic, and cultural rights in their respective
jurisdictions.
For
purposes of territorial delimitation, the Parties have agreed to
the joint determination of geographic areas encompassed within
the territorial borders of the Bangsamoro homeland and territory
based on the technical maps and data submitted by both sides as
provided above.
RESOURCES:
The
BJE is empowered with authority and responsibility for the land
use, development, conservation and disposition of the natural
resources within the homeland. Upon entrenchment of the BJE, the
land tenure and use of such resources and wealth must reinforce
their economic self-sufficiency.
Among
the purposes or measures to make progress more rapid are:
Entry
into joint development, utilization, and exploitation of natural
resources designed as commons or shared resources, which is tied
up to the full setting of appropriate institution, particularly
affecting strategic minerals;
Stimulation
of local economy by a range of mechanism, in particular the need
to address unemployment and improvement of living conditions for
the population in the BJE;
Intensification of measures needed to uproot the cause of
poverty in the BJE through responsible harnessing and
development of its natural resources; and
Undertaking program review of public services, industrial or
trade-related and agrarian-related issues in situations of
different sectors of the society in the BJE, which acquire
communal character deriving from the special nature of their
industry.
The
Bangsamoro People through their appropriate juridical entity
shall, among others, exercise power or authority over the
natural resources within its territorial jurisdiction:
To
explore, exploit, use or utilize and develop their ancestral
domain and ancestral lands within their territorial
jurisdiction, inclusive of their right of occupation,
possession, conservation, and exploitation of all natural
resources found therein;
To
conserve and protect the human and natural environment for their
sustainable and beneficial enjoyment and their posterity;
To
utilize, develop, and exploit its natural resources found in
their ancestral domain or enter into a joint development,
utilization, and exploitation of natural resources, specifically
on strategic minerals, designed as commons or shared resources,
which is tied up to the final setting of appropriate
institution;
To
revoke or grant forest concessions, timber license, contracts or
agreements in the utilization and exploitation of natural
resources designated as commons or shared resources, mechanisms
for economic cooperation with respect to strategic minerals,
falling within the territorial jurisdiction of the BJE;
To
enact agrarian laws and programs suitable to the special
circumstances of the Bangsamoro people prevailing in their
ancestral lands within the established territorial boundaries of
the Bangsamoro homeland and ancestral territory within the
competence of the BJE; and
To use such natural resources and wealth to reinforce their
economic self-sufficiency.
The
BJE, and the Central Government agree on wealth-sharing based on
a mutually agreed percentage ratio in favor of the BJE through
an economic cooperation agreement or arrangement over the income
and revenues that are derived from the exploration,
exploitation, use and development of any resources for the
benefit of the Bangsamoro people.
The
BJE is free to enter into any economic cooperation and trade
relations with foreign countries: provided, however, that such
relationships and understandings do not include aggression
against the Government of the Republic of the Philippines;
provided, further that it shall remain the duty and obligation
of the Central Government to take charge of external defense.
Without
prejudice to the right of the Bangsamoro juridical entity to
enter into agreement and environmental cooperation with any
friendly country affecting its jurisdiction, it shall include:
The option to establish and open Bangsamoro trade missions in
foreign countries with which it has economic cooperation
agreements; and
The
elements bearing in mind the mutual benefits derived from
Philippine archipelagic status and security.
And,
in furtherance thereto, the Central Government shall take
necessary steps to ensure the BJE’s participation in
international meetings and events, e.g. ASEAN meetings and other
specialized agencies of the United Nations. This shall entitle
the BJE’s participation in Philippine official missions and
delegations that are engaged in the negotiation of border
agreements or protocols for environmental protection, equitable
sharing of incomes and revenues, in the areas of sea, seabed and
inland seas or bodies of water adjacent to or between islands
forming part of the ancestral domain, in addition to those of
fishing rights.
Jurisdiction
and control over, and the right of exploring for, exploiting,
producing and obtaining all potential sources of energy,
petroleum, in situ, fossil fuel, mineral oil and natural gas,
whether onshore or offshore, is vested in the BJE as the party
having control within its territorial jurisdiction, provided
that in times of national emergency, when public interest so
requires, the Central Government may, during the emergency, for
a fixed period and under reasonable terms as may be agreed by
both Parties, temporarily assume or direct the operations of
such strategic resources.
The
BJE take or profit split from total production shall be shared
with the Central Government on a percentage ratio of 75:25 in
favor of the BJE. All royalties, bonuses, taxes, charges, custom
duties or imposts on natural resources and mineral resources
shall be shared by the Parties on a percentage ratio of 75:25 in
favor of the BJE.
The
legitimate grievances of the Bangsamoro people arising from any
unjust dispossession of their territorial and proprietary
rights, customary land tenures, or their marginalization shall
be acknowledged. Whenever restoration is no longer possible, the
GRP shall take effective measures or adequate reparation
collectively beneficial to the Bangsamoro people, in such
quality, quantity and status to be determined mutually by both
Parties.
All
proclamations, issuances, policies, rules and guidelines
declaring old growth or natural forests and all watersheds
within the BJE as forest reserves shall continue to remain in
force until otherwise modified, revised or superseded by
subsequent policies, rules and regulations issued by the
competent authority under the BJE.
Forest
concessions, timber licenses, contracts or agreements, mining
concessions, Mineral Production and Sharing Agreements (MPSA),
Industrial Forest Management Agreements (IFMA), and other land
tenure instruments of any kind or nature whatsoever granted by
the Philippine Government including those issued by the present
ARMM shall continue to operate from the date of formal
entrenchment of the BJE unless otherwise expired, reviewed,
modified and/or cancelled by the latter.
The
Parties recognize an immediate need to establish a five-member
BJE economic-expert mission (the “Mission”) bearing in mind
that the functioning of the economy and the operation of
institutions involve financial and other resource management as
well as parallel or complementary means, by which the Bangsamoro
Development Agency (BDA) will manage and administer resources
acquired for the above purposes, especially in coordinating
strategies and programs for cooperation in all fields.
The
Mission acts as a link in the conduct of BJE’s associative
parallel relationships and shall cooperate fully with all
organizations involved in implementation of the peace
settlement. It shall launch a plan and joint international
appeal for the reparation and development of the conflict
affected areas in Mindanao. Persons appointed thereto must be
familiar with the specific economic, political and legal
characteristics in the Mindanao-Sulu-Palawan region and must
possess recognized competence, integrity, and high moral
standing.
Cognizant
that the Mission will benefit from international expertise, both
the Central Government and the BJE hereby join the Third Party
facilitator in inviting international funding institutions or
equivalent entities for reconstruction and development to
appoint two members and to designate one as the Chairman. The
BJE shall designate one member as Co-Chairman.
The remaining two members shall each be designated by the
Central Government and the BJE.
GOVERNANCE:
The
recognition and peaceful resolution of the conflict must involve
consultations with the Bangsamoro people free of any imposition
in order to provide chances of success and open new formulas
that permanently respond to the aspirations of the Bangsamoro
people.
The
ultimate objective of entrenching the Bangsamoro homeland as a
territorial space is to secure their identity and posterity, to
protect their property rights and resources as well as to
establish a system of governance suitable and acceptable to them
as a distinct dominant people.
The
Parties respect the freedom of choice of the indigenous peoples.
The
Parties agree to invite a multinational third - party to observe
and monitor the actual implementation of the comprehensive
compact which will embody the details for the effective
enforcement of this Agreement. The participation of the third
– party shall not in any way affect the status of the
relationship between the Central Government and the BJE.
The
relationship between the Central Government and the BJE shall be
associative characterized by shared authority and responsibility
with a structure of governance based on executive, legislative,
judicial and administrative institutions with defined powers and
functions in the Comprehensive Compact. A period of transition
shall be established in a Comprehensive Compact specifying the
relationship between the Central Government and the BJE.
In
the context of implementing prior and incremental agreements
between the GRP and MILF, it is the joint understanding of the
Parties that the term “entrenchment” means, for the purposes
of giving effect to this transitory provision, the creation of a
process of institution building to exercise shared authority
over territory and defined functions of associative character.
The
modalities for the governance intended to settle the outstanding
negotiated political issues are deferred after the signing of
the MOA-AD.
The
establishment of institutions for governance in a Comprehensive
Compact, together with its modalities during the transition
period, shall be fully entrenched and established in the basic
law of the BJE. The Parties shall faithfully comply with their
commitment to the associative arrangements upon entry into force
of the Comprehensive Compact.
The
Parties agree that the mechanisms and modalities for the actual
implementation of this MOA-AD shall be spelt out in the
Comprehensive Compact to mutually take such steps to enable it
to occur effectively.
Any
provisions of the MOA-AD requiring amendments to the existing
legal framework shall come into force upon signing of a
Comprehensive Compact and upon effecting the necessary changes
to the legal framework with due regard to non derogation of
prior agreements and within the stipulated timeframe to be
contained in the Comprehensive Compact.
The
Parties agree that the BJE shall be empowered to build, develop
and maintain its own institutions, inclusive of, civil service,
electoral, financial and banking, education, legislation, legal,
economic, and police and internal security force, judicial
system and correctional institutions, necessary for developing a
progressive Bangsamoro society, the details of which shall be
discussed in the negotiation of the Comprehensive Compact.
The
Parties further agree to undertake activities which will enhance
the capacity of the government institutions during the
transition through technical assistance, information-sharing and
human resource development.
Matters
concerning the details of the agreed consensus points on
Governance not covered under this Agreement shall be deferred
to, and discussed during, the negotiations of the Comprehensive
Compact.
IN
WITNESS WHEREOF, the undersigned, being the
representatives of the Parties hereby affix their signatures.
Done
this 5th day of August, 2008 in Kuala Lumpur, Malaysia.
FOR
THE GRP:
(SGD) RODOLFO C. GARCIA
ChairmanGRP Peace Negotiating Panel
FOR
THE MILF:
(SGD) MOHAGHER IQBALChairmanMILF Peace Negotiating Panel
WITNESSED
BY:
(SGD) DATUK OTHMAN BIN ABD RAZAK
Special Adviser to the Prime Minister
IN
THE PRESENCE OF:
(SGD) ALBERTO G. ROMULO
Secretary of Foreign Affairs
Republic of the Philippines
(SGD)
DATO’ SERI UTAMA DR. RAISBIN YATIM
Minister of Foreign Affairs
Malaysia
Initialed
by:
Sec. Rodolfo Garcia
Mohagher Iqbal
Sec. Hermogenes Esperon
Witnessed
by:
Datuk Othman bin Abd Razak
Dated
27 July 2008
A
CHRISTIAN UNDERSTANDING OF THE GRP-MILF MOA ON ANCESTRAL DOMAIN
This is a great time for the followers of Jesus
Christ
to advocate and practice biblical peacemaking
where our ultimate loyalty is not to the state, such as
the Republic of the Philippines,
but to the peaceable
kingdom of God.
This
is our moment to look at the political dynamics in our
beautiful land,
not merely through the lenses of our
political interests,
but through the lenses of Jesus
Christ as revealed in the Gospels.
As biblical Christians who are committed to the
non-violent transformation of our land,
it is time for
us to recognize the Bangsamoros and the Indigenous
Peoples of Mindanao
and to apply biblical restorative
justice to the historical injustices committed against
them.
In
many cases, the name of Jesus Christ and the banner of
Christianity
were misused and even abused to justify
those historical injustices.
Rev.
L. Daniel Pantoja, M.A., Th.M.
President
and Director of Field Operations
Peacebuilders Community, Inc.
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