Primer on Annex on Transitional Arrangements and Modalities

7/30/2019 Primer on Annex on Transitional Arrangements and Modalities

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PRIMER ON THE ANNEX ONTRANSITIONAL ARRANGEMENTS

AND MODALITIESTO THE FRAMEWORK AGREEMENT ON THE BANGSAMORO


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OPAPP - GPH Peace Negotiating Panel or Talks with theMoro Islamic Liberation Front (MILF)

Booklet produced on Aug. 1, 2013, Metro Manila


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FREQUENTLY ASKED QUESTIONS ABOUT

THE ANNEX ON TRANSITIONAL ARRANGEMENTS AND MODALITIES

1. What is the Annex on Transitional Arrangements and Modalities?

The Annex on Transitional Arrangements and Modalities (TAM) details the roadmap towards

the creation o the Bangsamoro region. This was the rst to be signed among the our annexes

to the Framework Agreement on the Bangsamoro (FAB). The other three annexes are the

ollowing: Revenue Generation and Wealth Sharing, Power Sharing, and Normalization. The

FAB, together with these our annexes, will constitute the Comprehensive Agreement.

2. What is the signifcance o the Annex on Transitional Arrangements and Modalities

(TAM) to the establishment o the Bangsamoro?

This Annex lays down the basis o the FAB, the transition process and mechanisms that willguide the establishment o the Bangsamoro.

The TAM identied our bodies that will play signicant roles in the establishment o the

Bangsamoro region. The our bodies are the ollowing:

1. Transition Commission (TC)

2. Bangsamoro Transition Authority (BTA)

3. Third Party Monitoring Team (TPMT)

4. Joint Normalization Committee (JNC)

3. How will we get rom the ARMM to the Bangsamoro political entity?

The roadmap starts with the creation o the Transition Commission (TC) whose main task is to

drat the Bangsamoro Basic Law (BBL). Once drated, the BBL will be submitted to the President,

who, in turn, will certiy it as an urgent bill and submit it to the Congress.

Once the BBL is enacted by Congress, it will undergo ratication by the qualied voters in

the Bangsamoro core territory as identied in the Part V, Paragraph 1 o the FAB. The BBL will

provide or the repeal o Republic Act 9054, and the creation o the Bangsamoro Transition

Authority (BTA)--the body that will serve as the temporary mechanism or the leadership in theBangsamoro during the transition process.

The BTA shall perorm its unction as the interim Bangsamoro Government until the duly

elected ocials o the Bangsamoro Government assume their posts in 2016.

4. How will the geographic coverage o the Bangsamoro be determined?

The results o the plebiscite on the BBL will determine the geographical scope o the

Bangsamoro. In efect, the people will decide whether they will join the Bangsamoro or not.

Qualied voters in the Bangsamoro core territory as identied in the Part V, Paragraph 1 o the

FAB will participate in the plebiscite.


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The Panels shall request the COMELEC to conduct a special registration beore the date

o the plebiscite on the BBL. The Parties shall also undertake measures to ensure the wide

participation in the plebiscite o the people in the core territory o the Bangsamoro as well as

conrm the act o ratication o the promulgation o the BBL.

The Parties agree to the creation o a robust international-domestic monitoring body thatwill monitor the conduct o the plebiscite. The reports o the monitoring body shall be made

available to the Panels or their disposition.

The plebiscite will be held in the envisioned core territory o the Bangsamoro, namely,

the current ARMM provinces and Marawi City; the cities o Cotabato and Isabela; the six

municipalities in Lanao del Norte that voted or inclusion in the ARMM in the 2001 plebiscite

(Baloi, Munai, Pantar, Nunungan, Tagaloan, Tangkal); and the barangays in six municipalities o

North Cotabato province that likewise voted or inclusion in 2001 (Kabacan, Carmen, Aleosan,

Pigkawayan, Pikit and Midsayap). Other contiguous areas where there is a resolution or

inclusion rom the local government unit or a petition o at least 10 percent o the qualiedvoters may also join the requisite plebiscite.

5. What will happen to the abolished ARMM Regional Government once the Bangsamoro

Basic Law (BBL) is ratifed?

The ARMM shall be abolished along with all elective positions. There shall be a Bangsamoro

Transition Authority (BTA) that will unction as the interim ministerial government in the

Bangsamoro.

Local governments and local government ocials will stay in place. Civil servants with tenure

shall remain with the government; they will not lose their jobs.

6. Who will compose the Bangsamoro Transition Authority (BTA) and defne their powers

and responsibilities? How long will the BTA exist?

The BTA shall exercise governance unctions devolved to the Bangsamoro in accordance with

the BBL. It shall set up the institutions and mechanisms necessary to establish the Bangsamoro

ministerial government.

The BTA, which will be led by MILF but also composed o other sectors o Bangsamoro, will be

appointed by the President.

It shall perorm its unction as the interim Bangsamoro Government until the duly elected

ocials o the Bangsamoro Government are sworn into oce in 2016.

7. How can we ensure that the ministerial government will provide representation to all

peoples in Bangsamoro?

The BBL shall provide or a new redistricting or other modalities o ensuring more equitablerepresentation o the constituencies in the Bangsamoro Assembly.


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North Cotabato

Cotabato City

Isabela City

Lanao del Norte

Kabacan

CarmenAleosan

Pigkawayan

Nunungan

MunaiTangkal

PantarBaloi

Tagoloan

Pikit

Midsayap

The present geographical area o the ARMM

Isabela City

Cotabato City

The six Municipalities o Baloi, Munai, Pantar, Nunungan, Tagaloan, and Tangkal in the province o Lanao del Norte and 39 barangays

located in six municapalities in the province o North Cotabato that voted or inclusion in the ARMM in the 2001 plebiscite.

39 barangays located in six municapalities in the province o North Cotabato that voted or inclusion in the ARMM in the

2001 plebiscite

Municipality Barangays

Aleosan Dunguan, Lower Mingading, Tapodoc (3)

Carmen Nasapian, Manarapan (2)

Kabacan Nangaan, Sanggadong, Simbuhay (3)

Midsayap Damatulan, Kadigasan, Kadinglian, Kapinpilan, Kudarangan, Central Labas, Malingao, Mudseng,

Nabalawag, Olandang, Sambulawan, Tugal (12)

Pigkawayan Balacayon, Buricain, Datu Binasing, Kadingilan, Lower Baguer, Lower Pangangkalan, Matilac, Patot (8)

Pikit Bagoinged (Bagoaingud), Balatican, Balong, Balungis, Batulawan, Buliok, Gokoton (Gokotan),

Kabasalan, Lagunde, Macabual, Macasendeg (11)

All other contiguous areas where there is a resolution o the local government unit or a petition o at least 10 percent o the qualied

voters in the area may ask or their inclusion in the plebiscite, at least two months prior to its conduct, or the ratication o the

Bangsamoro Basic Law and the process o delimitation o the Bangsamoro.

Proposed Core Territory of the Bangsamoro

Basilan

Sulu

Tawi-Tawi

Maguindanao

Lanao del Sur


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It can introduce sectoral representation or other orms o proportional representation to allow

or diferent groups and sectors to be represented in the legislative body.

8. Will the Transition Commission (TC) necessarily propose amendments to the Philippine

Constitution?

The President has committed to support the passage o the Bangsamoro Basic Law throughregular legislative action.

However, consistent with the right o any citizen or group o citizens and the procedures

provided by the Constitution, the TC may work on proposals or constitutional reorm.

9. What is the role o the Third Party Monitoring Team (TPMT)?

The Third Party Monitoring Team (TPMT) is an independent body composed o ve

representatives, including the chair, rom international bodies and domestic groups. Their task

is mainly to monitor the implementation o all agreements by the Parties.

The MILF and GPH Panels signed the Terms o Reerence o the TMPT on January 25, 2013

during their 35th Formal Exploratory Talks.

10. What is the role o the Joint Normalization Committee (JNC)?

The JNC shall be created to ensure the coordination between the government and remaining

MILF orces during the transition phase.

Other bodies supporting the work o the JNC shall be dened in the Annex on Normalization.

11. When and how will the peace negotiations between GPH and MILF be concluded?

To put a proper conclusion o the peace negotiations, the negotiating panels o the GPH and

the MILF, together with the Malaysian Facilitator and TPMT, shall convene a meeting to review,

assess, or evaluate the implementation o all agreements and the progress o the transition.

An Exit Document ocially terminating the peace negotiation will be crated and signed by

the Parties i and only when all agreements have been ully implemented.

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FRAMEWORK AGREEMENT ON THE

BANGSAMOROSigned 15 October 2012

ANNEX ON TRANSITIONAL MODALITIES AND

ARRANGEMENTSSigned 27 February 2013

Roadmap attached

ANNEX ON REVENUE GENERATION AND

WEALTH SHARINGSigned 13 July 2013

Components: Revenue Generation

Wealth Sharing

Fiscal Administration

ANNEX ON POWER SHARINGComponents:

Principles o Intergovernmental Relations

Lists o powers: reserved, concurrent, exclusive

ANNEX ON NORMALIZATIONComponents:

Policing

Transitional Security Arrangements

Decomissioning

Disposition o AFP

Disbandment o Private Armed Groups

Socio-Economic Programs Reconciliation and justice

COMPREHENSIVE AGREEMENTComponents:

Framework Agreement on the

Bangsamoro 4 annexes

Introductory text


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2012 - 2013

ROADMAP TO THE BANGS

F

R

A

M

E

W

O

R

K

A

GR

E

E

M

E

N

T

FAB signed

on October

15, 2012

GPH & MILF

Panels

Joint Normalization

Committee

Law drated &

submitted

Congress

deliberates

Presidentcertifes

as urgentI needed

Propose Constitutional

Ammendments

Assist in development

projects

Consultations,

dialogues, etc

Third-Party

Monitoring Team

E.O. is issued

to create

Bangsamoro

Transition

Commision

Four Annexesto the FAB

Advocates campaign or


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MORO POLITICAL ENTITY

Elected

BangsamoroGovt

(Ministerial)

2014 2015 2016

Basic Law

passed Reerendumin proposed

Bangsamoro

territory

TC is

abolished

ARMMwinds up

Bangsamoro Transition

Authority (BTA)

(Interim

Ministerial Govt)

BTA is

dissolved

TPMT,

Panels

dissolved

assage and ratication

May

2016

vote

Exit

Agreement


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OFFICE

OFT

HE

PRESID

ENTIA

LADVISERONTH

EPEACE

PROCESS

* OPAPP*

For inquiries, you may contact us at:

[email protected]

SMART 0928-661-4981

www.opapp.gov.ph

Documents

Primer on Annex on Transitional Arrangements and Modalities