Annex on Power-Sharing to the Framework Agreement on the Bangsamoro (FAB)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Annex on Power-Sharing to the Framework Agreement on the Bangsamoro (FAB)
Date: 8 Dec 2013
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Philippine Insurgencies (1968 - )
The Maoist Insurgencies (1968 - )

Philippines-NDF

The Philippines have been defined by a series of center-periphery and often ideologically Maoist, separatist insurgencies. The Communist Party of the Philippines (CPP), began its war against the central Philippine government in 1968 through their armed wing – the New People’s Army (NPA). Further legitimacy was gained through the establishment of the National Democratic Front (NDF) in 1973. Grievances were predominantly opposed to the corruption and repression under the authoritarian Marcos regime.

Philippines-Cordillera

With the overthrow of Marcos’ regime in 1986, the CPP factionalized further to take on more localized characteristics. The Cordillera Peoples Liberation Army (CPLA) broke away from the NDF in 1986 to focus on the protection of the Cordilleran people and land in northern Luzon. Hostilities were formally ended in July 2011, with an agreement signed between the central government, the CPLA and the Cordillera Bodong Administration (CBA) that allowed for the absorption of CPLA fighters into the Philippine Army and the re-working of the CBA-CPLA into a socio-development organisation.

Philippines-RPM-P

Meanwhile, purge among the CPP in the early 1990s, encouraged the formation of a parallel party, the Revolutionary Workers Party (RPM-P). Their armed wing, the Alex Boncayao Brigade (ABB) which had carried out a number of assassinations during the 1980s at the bequest of the CPP, followed suit and allied themselves with the RPM-P in 1997 forming the (RPM-P-RPA-ABB). Severely weakened by the split with the CPP and with the arrest of several key figures, the RPM-P-RPA-ABB signed a peace agreement in December 2000, which encouraged the RPM-P’s branch in Mindanao to break away in 2001.

The CPP-NPA has only participated in intermittent talks with the government. Talks halted in 2004 when Gloria Macapagal-Arroyo’s administration sought closer ties with the U.S. in the war on terror and added the CPP-NPA to the list of terrorist organisations, renewing violence. Following the launch of a counter-insurgency by the Philippine government, negotiations have been further delayed due to suspected internal differences between the CPP ‘old guard’ and younger members.

The Moro Insurgency (1968 - )

Philippines-Mindanao

The Moro Insurgency began in 1968, in Mindanao and the Sulu archipelago after the killing of Moro Commandos, the so-called Jabidah Massacre, by the Philippine Army following a plot to invade Sabah province in Malaysia. The Moro National Liberation Front (MNLF) captured a swath of territory in the mid-1970s. In an attempt to stem the violence, the constitution was reformed and Autonomous Region in Muslim Mindanao (ARMM) was created 1990 granting a devolution of power to the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. Following the establishment of the ARMM, the MNLF splintered into a range of smaller groups including Islamic factions such as the Moro Islamic Liberation Front (MILF) and the Abu Sayef Goup (ASG). The Comprehensive Agreement on the Bangsamoro was signed in 2014.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: For the GPH: Prof. Miriam Coronel-Ferrer, GPH Panel Chair; For the MILF: Mohagher Iqbal, MILF Panel Chair
Third parties: Signed in the presence of: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description: Annex on Powering Sharing forms part of the Framework Agreement on the Bangsamoro (FAB), which delineates powers at different levels. Part one of this Annex stipulates the intergovernmental relations between the Central Government and the Bangsamoro Government, part two provides for the structure of the Bangsamoro Government, part three defines the delineation of reserved, concurrent, and exclusive powers of the Bangsamoro Government, and part four provides for other matters that pertain to the power sharing.

Agreement document: PH_131208_Annex on Power Sharing to FAB.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 10, Part Three: Delineation of Powers,
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
...
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;
Disabled persons: Groups→Disabled persons→Substantive
Page 10, Part Three: Delineation of Powers,
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
...
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;
Elderly/age: Groups→Elderly/age→Substantive
Page 10, Part Three: Delineation of Powers,
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
...
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Substantive
Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
...
26. The Bangsamoro Government shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hajj and Umrah matters involving offices and agencies outside of the Bangsamoro;
Indigenous people: Groups→Indigenous people→Substantive
Page 2, Part One: Intergovernmental Relations
1. The relationship between the Central Government and the Bangsamoro Government is asymmetric. This relation is reflective of the recognition of the Bangsamoro identity and their aspiration for self-governance. This makes it distinct from the regions and other local governments.

Page 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Page 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;
Other groups: Groups→Other groups→Substantive
Page 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Page 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;
Refugees/displaced persons: No specific mention.
Social class: Groups→Social class→Substantive
Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;

Gender

Women, girls and gender: Page 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Page 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;

Page 4, Part Two: Governance Structure
8. The ministers shall constitute the cabinet, which will be convened and presided over by the Chief Minster, or in his or her absence and with his or her consent, the Deputy Chief Minister;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 2, Part One: Intergovernmental Relations
1. The relationship between the Central Government and the Bangsamoro Government is asymmetric. This relation is reflective of the recognition of the Bangsamoro identity and their aspiration for self-governance. This makes it distinct from the regions and other local governments.

Page 2, Part One: Intergovernmental Relations
2. The Central Government and the Bangsamoro Government shall be guided by the principle of parity of esteem and accepted norms of good governance. The Central Government shall respect the exercise of the competencies or exclusive powers of the Bangsamoro Government. The Bangsamoro Government shall respect the exercise of the competencies and reserved powers of the Central Government in the Bangsamoro.

Pg. 2, Part One: Intergovernmental Relations
4. The Parties accept the concept of devolution as inspired by the principle of subsidiarity. Decisions are to be made at the appropriate level to ensure public accountability and transparency, and in consideration of good governance and the general welfare.

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Pg. 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;

Page 4, Part Two: Governance Structure - Bangsamoro Ministerial Government
6. The Bangsamoro assembly may remove the government of the day by a vote of no confidence of at least two-thirds of the assembly, in which case the government shall be reconstituted in accordance with the principles of a ministerial form of government. The Bangsamoro Basic Law shall provide for the manner of reconstitution;
State configuration: Pg. 2, Part One: Intergovernmental Relations
4. The Parties accept the concept of devolution as inspired by the principle of subsidiarity. Decisions are to be made at the appropriate level to ensure public accountability and transparency, and in consideration of good governance and the general welfare.
Self determination: Page 2, Part One: Intergovernmental Relations
1. The relationship between the Central Government and the Bangsamoro Government is asymmetric. This relation is reflective of the recognition of the Bangsamoro identity and their aspiration for self-governance. This makes it distinct from the regions and other local governments.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Part One: Intergovernmental Relations
The following points on intergovernmental relations, among others, will govern the relationship between the Central Government and the Bangsamoro Government and its constituent units. Issues arising form the exercise of powers shall be resolved through the mechanism of the intergovernmental relations below:

Pg. 2, Part One: Intergovernmental Relations
3. The Central Government and the Bangsamoro Government shall establish a mechanism at the highest levels that will coordinate and harmonize their relationships. For this purpose, a primary mechanism shall be a Central Government – Bangsamoro Government Intergovernmental Relations body to resolve issues on intergovernmental relations. Disputes relating to these intergovernmental relations shall be resolved through regular consultations and continuing negotiations in a non-adversarial manner.

Pg. 2, Part One: Intergovernmental Relations
5. Devolution will involve a process of empowerment, mobilization, capacity building and financing that can be strengthened by strong cooperation and partnership between the Central Government and the Bangsamoro Government.

Pg. 2, Part One: Intergovernmental Relations
7. As a matter of policy, the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide for the appointment of Bangsamoro to positions provided under Republic Act No. 9054 (R.A. 9054). The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as par of its set of recommendations for constitutional amendments.

Page 5, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
1. Social security and pensions - the Bangsamoro Government may organize its own social security and pensions systems alongside the existing Central Government social security and pensions systems. The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities. The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose;

Pg. 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsmoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice;

Pg. 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsmaoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction;

Page 7, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
14. Public order and safety - the Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism.

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
15. [...] The Bangsamoro Government may assist electric cooperatives in accessing funds and technology, to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism.

Pg. 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles: [...] The Bangsamoro Basic Law shall provide for an intergovernmental body to harmonize polices, programs, regulations and standards, and to resolve problems of implementation between the Central Government and the Bangsamoro Government.

Page 12, Part Four: Other Matters Pertaining to Power Sharing
4. [...] The Bangsamoro Transition Commission shall undertake an inventory of the powers and consider the proposed recommendations form the review process of the 1996 Final Peace Agreement between the Government and the Moro National Liberation Front for possible incorporation into the Bangsamoro Basic Law. It shall also take into account the proposed amendments of the ARMM Regional Legislative Assembly to R.A. No. 9054.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Pg. 3, Part Two, Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Pg. 3, Part Two, Governance Structure
3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government. The Chief Minister shall be elected by majority votes from among the members of the assembly and shall exercise executive authority on its behalf. The Chief Minister shall appoint the Deputy Chief Minister from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly;

Page 4, Part Two: Governance Structure - Bangsamoro Ministerial Government
6. The Bangsamoro assembly may remove the government of the day by a vote of no confidence of at least two-thirds of the assembly, in which case the government shall be reconstituted in accordance with the principles of a ministerial form of government. The Bangsamoro Basic Law shall provide for the manner of reconstitution;

Pg. 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;

Pg. 4, Part Two: Governance Structure
8. The ministers shall constitute the cabinet, which will be convened and presided over by the Chief Minster, or in his or her absence and with his or her consent, the Deputy Chief Minister;

Pg. 4, Part Two: Governance Structure
9. There shall be a Philippine Congress-Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives.
Elections: Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government. The Chief Minister shall be elected by majority votes from among the members of the assembly and shall exercise executive authority on its behalf. The Chief Minister shall appoint the Deputy Chief Minister from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly;
Electoral commission: No specific mention.
Political parties reform: Governance→Political parties reform→Other political parties reform
Page 3, Part 2:
4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;
Civil society: Pg. 10, Part Three, III:
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;
Traditional/religious leaders: Pg. 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;
Public administration: Pg. 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
8. Civil Service – The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to power, authority, and duty of the national Civil Service Commission;

Pg. 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
41. Public administration and bureaucracy for the Bangsamoro;
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, Untitled Preamble
This Annex on Power Sharing forms part of the Frameowork Agreement on the Bangsamoro between the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF). It contains details about the particular competencies and authorities of the Central Government and the Bangsamoro Government which shall serve as guide in the drafting of the Basic Law pursuant to the Framework Agreement on the Bangsamoro.

Page 1, Untitled Preamble
"Concurrent powers" shall refer to the shared powers between the Central Government and the Bangsamoro Government, as contained in this Annex and as shall be further provided in the Bangsamoro Basic Law.

Pg. 2, Part One: Intergovernmental Relations
6. The authority to regulate on its own responsibility the affairs of the local government units (LGUs) is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the LGUs under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code.

Pg. 2, Part One: Intergovernmental Relations
7. As a matter of policy, the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide for the appointment of Bangsamoro to positions provided under Republic Act No. 9054 (R.A. 9054). The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as par of its set of recommendations for constitutional amendments.

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Pg. 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Pg. 3, Part Two: Governance Structure
3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;

Page 4, Part Two: Governance Structure - Bangsamoro Ministerial Government
6. The Bangsamoro assembly may remove the government of the day by a vote of no confidence of at least two-thirds of the assembly, in which case the government shall be reconstituted in accordance with the principles of a ministerial form of government. The Bangsamoro Basic Law shall provide for the manner of reconstitution;

Pg. 4, Part Two: Governance Structure
9. There shall be a Philippine Congress-Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives.

Page 5, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
1. Social security and pensions - [...] The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
14. Establishment of government-owned and controlled corporations (GOCCS) and financial institutions – the Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability. The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
57. Local administration, municipal corporations and other local authorities including the creation of local government units – The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the FAB, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly shall work together in order to facilitate the creation of the same, through the appropriate intergovernmental relations mechanism;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
58. Establishment or creation of other institutions, policies and laws for the general welfare of the people in the Bangsamoro.

Pg. 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles: [...] The Bangsamoro Basic Law shall provide for an intergovernmental body to harmonize polices, programs, regulations and standards, and to resolve problems of implementation between the Central Government and the Bangsamoro Government.

Page 11, Part Four: Other Matters Pertaining to Power Sharing
2. Mineral and Energy Resources: The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges, and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsmoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.

Page 12, Part Four: Other Matters Pertaining to Power Sharing
4. Powers Already Devolved - All other powers granted to the Autonomous Region in Muslim Mindanao (ARMM) which are relevant to the Framework Agreement on the Bangsamoro shall be transferred to the Bangsamoro Government. As Part of the Philippines Government commitment in other peace agreements involving the Bangsamoro, the Bangsamoro Basic Law may adopt specific powers contained in these agreements and in the ARMM Organic Law, as amended.

Page 12, Part Four: Other Matters Pertaining to Power Sharing
4. [...] The Bangsamoro Transition Commission shall undertake an inventory of the powers and consider the proposed recommendations form the review process of the 1996 Final Peace Agreement between the Government and the Moro National Liberation Front for possible incorporation into the Bangsamoro Basic Law. It shall also take into account the proposed amendments of the ARMM Regional Legislative Assembly to R.A. No. 9054.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
Sub-state level
Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government. The Chief Minister shall be elected by majority votes from among the members of the assembly and shall exercise executive authority on its behalf. The Chief Minister shall appoint the Deputy Chief Minister from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly;
Power sharing→Political power sharing→Proportionality in legislature
Sub-state level
Pg. 4, Part Two: Governance Structure
9. There shall be a Philippine Congress-Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives.

Pg. 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Pg. 3, Part Two: Governance Structure
3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts;

Pg. 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;
Power sharing→Political power sharing→Segmental autonomy
State level
Page 1, Part One: Intergovernmental Relations
The following points on intergovernmental relations, among others, will govern the relationship between the Central Government and the Bangsamoro Government and its constituent units. Issues arising form the exercise of powers shall be resolved through the mechanism of the intergovernmental relations below:

Pg. 2, Part One: Intergovernmental Relations
5. Devolution will involve a process of empowerment, mobilization, capacity building and financing that can be strengthened by strong cooperation and partnership between the Central Government and the Bangsamoro Government.

Pg. 2, Part One: Intergovernmental Relations
7. As a matter of policy, the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide for the appointment of Bangsamoro to positions provided under Republic Act No. 9054 (R.A. 9054). The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as par of its set of recommendations for constitutional amendments.

Page 5, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
1. Social security and pensions - the Bangsamoro Government may organize its own social security and pensions systems alongside the existing Central Government social security and pensions systems. The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities. The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose;

Pg. 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
5. Human rights and humanitarian protection and promotion - The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions.

Pg. 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsmoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice;

Page 7, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
13. Disaster risk reduction and management - The Bangsamoro Government shall have primary responsibility over disaster risk reduction and management within the Bangsamoro. There shall be cooperation and coordination among relevant Central Government and Bangsamoro Govenrment agencies on disaster risk reduction and management;

Page 7, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
14. Public order and safety - the Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism.
Power sharing→Political power sharing→Other
State level
Page 2, Part One Intergovernmental Relations
As a matter of policy, the Central Government shall ensure the
participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide tor the appointment of Bangsamoros to positions provided under Republic Act No. 9054 (R.A. No. 9054).
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Pg. 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
57. Local administration, municipal corporations and other local authorities including the creation of local government units – The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the FAB, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly shall work together in order to facilitate the creation of the same, through the appropriate intergovernmental relations mechanism;
Power sharing→Territorial power sharing→Autonomous regions
Summary: Agreement in entirety provides for autonomy of Bangosmoro, and delimitations of powers between centre and autonomous region, see below, for examples.

Page 1, Untitled Preamble
The Framework Agreement delineates powers at different levels. The Central Government will have its reserved powers, the Bangsamoro Government will have its exclusive powers within its territorial jurisdiction, and there will concurrent powers shared by the Central Government and the Bangsamoro Government. The delineation of reserved, concurrent, and exclusive powers is provided in Part Three of this Annex, and is guided by the processes established under the Framework Agreement.

Page 1, Untitled Preamble
"Reserved powers" are powers or matters over which authority and jurisdiction are retained by the Central Government.
"Concurrent powers" shall refer to the shared powers between the Central Government and the Bangsamoro Government, as contained in this Annex and as shall be further provided in the Bangsamoro Basic Law.
"Exclusive powers" shall refer to the powers or matter over which authority and jurisdiction pertain to the Bangsamoro Government.

Page 2, Part One: Intergovernmental Relations
1. The relationship between the Central Government and the Bangsamoro Government is asymmetric. This relation is reflective of the recognition of the Bangsamoro identity and their aspiration for self-governance. This makes it distinct from the regions and other local governments.

Page 2, Part One: Intergovernmental Relations
2. The Central Government and the Bangsamoro Government shall be guided by the principle of parity of esteem and accepted norms of good governance. The Central Government shall respect the exercise of the competencies or exclusive powers of the Bangsamoro Government. The Bangsamoro Government shall respect the exercise of the competencies and reserved powers of the Central Government in the Bangsamoro.

Pg. 2, Part One: Intergovernmental Relations
4. The Parties accept the concept of devolution as inspired by the principle of subsidiarity. Decisions are to be made at the appropriate level to ensure public accountability and transparency, and in consideration of good governance and the general welfare.

Pg. 2, Part One: Intergovernmental Relations
5. Devolution will involve a process of empowerment, mobilization, capacity building and financing that can be strengthened by strong cooperation and partnership between the Central Government and the Bangsamoro Government.

Pg. 2, Part One: Intergovernmental Relations
7. As a matter of policy, the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism. The Bangsamoro Basic Law shall provide for the appointment of Bangsamoro to positions provided under Republic Act No. 9054 (R.A. 9054). The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as par of its set of recommendations for constitutional amendments.

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Pg. 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Pg. 3, Part Two: Governance Structure
3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law. The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats. The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government. The Chief Minister shall be elected by majority votes from among the members of the assembly and shall exercise executive authority on its behalf. The Chief Minister shall appoint the Deputy Chief Minister from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly;

Pg. 4, Part Two: Governance Structure
9. There shall be a Philippine Congress-Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives.

Page 4, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
I. The Central Government shall retain the following reserved powers:
8. Common market and global trade, provided however that the power to enter into economic agreements already allowed under R.A. No. 9054 shall be transferred to the Bangsamoro Government;

Page 5, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
1. Social security and pensions - the Bangsamoro Government may organize its own social security and pensions systems alongside the existing Central Government social security and pensions systems. The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities. The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose;

Pg. 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
3. Land registration -- The Bangsamoro Government, in accordance with the land registration system of the Central Government, shall administer land registration in the Bangsamoro territory through an office is shall create for the purpose. The Bangsamoro Government shall furnish copies of the titles, deeds, and other instruments to the relevant Central Government. The Bangsamoro Government may institute processes to promote more efficient registration of lands in the Bangsamoro;
4. Pollution control - There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on pollution control;
5. Human rights and humanitarian protection and promotion - The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions.
the following matters:
6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsmoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice;

...
8. Civil Service – The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to power, authority, and duty of the national Civil Service Commission;

...
11. Administration of Justice – Administration of Justice, in connection with the relevant provisions of the FAB, and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari’ah courts and Shari’ah justice system in the Bangsamoro;

...
13. Disaster risk reduction and management - The Bangsamoro Government shall have primary responsibility over disaster risk reduction and management within the Bangsamoro. There shall be cooperation and coordination among relevant Central Government and Bangsamoro Govenrment agencies on disaster risk reduction and management;
14. Public order and safety - the Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism.

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
2. Economic and culture exchange;
3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
11. Creation of sources of revenue;
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Pg. 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
26. Hajj and Umrah – The Bangsamoro Government shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hajj and Umrah matters involving offices and agencies outside of the Bangsamoro;
29. Ancestral domain and natural resources;
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
31. Land management, land distribution, and agricultural land use reclassification – The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets;
33. Exportation and eminent domain;
35. Inland waterways for navigation;
36. Inland waters;
37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;
38. Bangsamoro settlements;
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
40. Shari’ah courts and Shari’ah justice system, as set forth in relevant provisions of the FAB;
41. Public administration and bureaucracy for the Bangsamoro;
43. Social services, social welfare and charities;
44. Waste management;
45. Establishment and supervision of humanitarian services and institutions;
46. Identification, generation and mobilization of international human resources for capacity building and other activities involving the same within the Bangsamoro – The Central Government shall cooperate with and assist the Bangsamoro Government towards ensuring access to such relevant human resources through the intergovernmental relations mechanism;
47. Awqaf and charitable trusts;
48. Hisbah office for accountability as part of the Shari’ah justice system;
50. Housing and human settlements;
51. Development and planning;
52. Urban and rural development;
53. Water Supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or Local government bodies;
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;

Page 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles:
-Subsidiarity
-Technical and financial viability
-Harmonization: uniform system concept
-Compliance with international standards, treaties and conventions
-Mutual respect and recognition
-Recognition of the aspiration of the Bangsamoro to assume further powers as my be practically operational as its capacity develops.

Page 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles: [...] The Bangsamoro Basic Law shall provide for an intergovernmental body to harmonize polices, programs, regulations and standards, and to resolve problems of implementation between the Central Government and the Bangsamoro Government.

Page 12, Part Four: Other Matters Pertaining to Power Sharing
4. Powers Already Devolved - All other powers granted to the Autonomous Region in Muslim Mindanao (ARMM) which are relevant to the Framework Agreement on the Bangsamoro shall be transferred to the Bangsamoro Government. [...]
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Summary: As part of the territorial power-sharing arrangements, forms of economic power sharing are established, see below for examples.

Page 6, Part Three: Delineation of Power
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
7. Auditing, as set forth in the FAB and in the Annex on Revenue Generation and Wealth Sharing;

Page 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsmaoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction;

Page 6, Part Three: Delineation of Power
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
12. Funding for the maintenance of national roads, bridges, and irrigation systems – There shall be coordination through the intergovernmental relations mechanism between the relevant Central Government and Bangsamoro Government agencies on the Central Government funding for the maintenance of national roads, bridges, and irrigations systems within the Bangsamoro;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
2. Economic and culture exchange;
3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
11. Creation of sources of revenue;
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
2. Economic and culture exchange;
3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
11. Creation of sources of revenue;
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
2. Economic and culture exchange;
3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
11. Creation of sources of revenue;
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
14. Establishment of government-owned and controlled corporations (GOCCS) and financial institutions – the Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability. The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government;
24. Libraries, museums, historical, cultural and archaeological sites – The Bangsamoro Government shall have the power to establish its own libraries and museums, and declare historical and cultural sites. The Central Government shall transfer the management of such sites currently under the jurisdiction of the National Museum, National Historical Commission, or other national agencies, to the Bangsamoro Government or local governments therein following certain processes through the intergovernmental relations mechanism. With regards to archaeological sites, the Bangsamoro Government shall coordinate with the relevant national agencies on the regulation, excavation, preservation, and exportation of cultural properties, as well as on the recovery of lost historical and cultural artifacts;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
15. The Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. It shall promote investments, domestic and international, in the power sector industry in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission gird to electric consumers. The Bangsamoro Government may assist electric cooperatives in accessing funds and technology, to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism.
16. In case of inter-regional utilities, there shall be cooperation and coordination among the relevant government agencies;

Page 11, Part Four: Other Matters Pertaining to Power Sharing
2. Mineral and Energy Resources: The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges, and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsmoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.

Pg. 12, Part Four: Other Matters Pertaining to Power Sharing
3. Taxation - The Central Government shall continue to levy national taxes in the Bangsamoro. The Bangsamoro Government shall also have the power to level taxes, as provided in the Annex on Revenue Generation and Wealth Sharing.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles: Compliance with international standards, treaties, and conventions
Civil and political rights: Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
Socio-economic rights: Human rights and equality→Socio-economic rights→Property
Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
Human rights and equality→Socio-economic rights→Cultural life
Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 4, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
I. The Central Government shall retain the following reserved powers:
5. Citizenship and naturalization;
Rights related issues→Citizenship→Citizens, specific rights
Page 11, Part Four: Other Matters Pertaining to Power Sharing
2. Mineral and Energy Resources: The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges, and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsmoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.
Democracy: Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
1. The Bangsamoro shall have a democratically-elect assembly consistent with the principles of a ministerial form of government. The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

Pg. 3, Part Two, Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

Page 3, Part Two: Governance Structure - Bangsamoro Ministerial Government
4. The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Governance of media
Page 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles:
1. Transportation and Communications: [...]
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;

Rights institutions

NHRI: Rights institutions→NHRI→Mentions of NHRI
Page 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
5. Human rights and humanitarian protection and promotion - The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
11. Administration of Justice – Administration of Justice, in connection with the relevant provisions of the FAB, and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shariah courts and Shariah justice system in the Bangsamoro;

Page. 9, Part Three, III: The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution;

Page 10, Part Three, III.
40. Shariah courts and Shari’ah justice system, as set forth in relevant provisions of the FAB;
Prisons and detention: Page 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsmoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice;
Traditional Laws: Page 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
11. Administration of Justice – Administration of Justice, in connection with the relevant provisions of the FAB, and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari’ah courts and Shari’ah justice system in the Bangsamoro;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
26. Hajj and Umrah – The Bangsamoro Government shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hajj and Umrah matters involving offices and agencies outside of the Bangsamoro;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
27. Customary Laws;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
39. Customary justice – The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
40. Shari’ah courts and Shari’ah justice system, as set forth in relevant provisions of the FAB;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
48. Hisbah office for accountability as part of the Shari’ah justice system;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 4, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
I. The Central Government shall retain the following reserved powers:
8. Common market and global trade, provided however that the power to enter into economic agreements already allowed under R.A. No. 9054 shall be transferred to the Bangsamoro Government; and

Pg. 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsmaoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction;
... 12. Funding for the maintenance of national roads, bridges, and irrigation systems – There shall be coordination through the intergovernmental relations mechanism between the relevant Central Government and Bangsamoro Government agencies on the Central Government funding for the maintenance of national roads, bridges, and irrigations systems within the Bangsamoro;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
1. Agriculture, livestock and food security;
2. Economic and cultural exchange
4. Trade, industry, investment, enterprises, and regulation of businesses taking into consideration the relevant laws;
5. Labor, employment and occupation;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;
11. Creation of sources of revenue;
12. Budgeting;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
14. Establishment of government-owned and controlled corporations (GOCCS) and financial institutions – the Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability. The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
15. The Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. It shall promote investments, domestic and international, in the power sector industry in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission gird to electric consumers. The Bangsamoro Government may assist electric cooperatives in accessing funds and technology, to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism.

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
18. Education and skills training;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
31. Land management, land distribution, and agricultural land use reclassification – The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
43. Social services, social welfare and charities;
45. Establishment and supervision of humanitarian services and institutions;
46. Identification, generation and mobilization of international human resources for capacity building and other activities involving the same within the Bangsamoro – The Central Government shall cooperate with and assist the Bangsamoro Government towards ensuring access to such relevant human resources through the intergovernmental relations mechanism;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
51. Development and planning;
52. Urban and rural development;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
53. Water Supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or Local government bodies;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
58. Establishment or creation of other institutions, policies and laws for the general welfare of the people in the Bangsamoro.

Pg. 11, Part Four: Other Matters Pertaining to Power Sharing
1. Transportation and Communications - On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent, and exclusive powers, based on the following principles: [...] Recognition of the aspiration of the Bangsamoro to assume further powers as may be practically operational as its capacity develops. [...]
National economic plan: No specific mention.
Natural resources: Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
29. Ancestral domain and natural resources;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;

Page 11, Part Four: Other Matters Pertaining to Power Sharing
2. Mineral and Energy Resources: The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges, and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsmoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.
International funds: No specific mention.
Business: Page 4, Part Three: Delineation of Powers
I. The Central Government shall retain the following reserved powers:
8. Common market and global trade, provided however that the power to enter into economic agreements already allowed under R.A. No. 9054 shall be transferred to the Bangsamoro Government;

Page 6, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsamoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and counter trade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
4. Trade, industry, investment, enterprises, and regulation of businesses taking into consideration the relevant laws;
5. Labor, employment and occupation;
6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
7. Barter trade and countertrade with ASEAN countries;
8. Economic zones and industrial centers;
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;

Page 8, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
14. Establishment of government-owned and controlled corporations (GOCCS) and financial institutions – the Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability. The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government;

Page 11, Part Four,
2. Mineral and Energy Resources: The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory. The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President. The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges, and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro. The modalities for the exercise of this power shall be provided in the Bangsmoro Basic Law. Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 12, Part Four: Other Matters Pertaining to Power Sharing
3. Taxation - The Central Government shall continue to levy national taxes in the Bangsamoro. The Bangsamoro Government shall also have the power to level taxes, as provided in the Annex on Revenue Generation and Wealth Sharing.
Banks: Socio-economic reconstruction→Banks→Central bank
Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;

Page 7, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
13. Financial and banking systems – This is without prejudice to the power of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board;

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Pg. 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
3. Land registration -- The Bangsamoro Government, in accordance with the land registration system of the Central Government, shall administer land registration in the Bangsamoro territory through an office is shall create for the purpose. The Bangsamoro Government shall furnish copies of the titles, deeds, and other instruments to the relevant Central Government. The Bangsamoro Government may institute processes to promote more efficient registration of lands in the Bangsamoro;

Pg. 7, Part Three, III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
1. Agriculture, livestock and food security.

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
31. Land management, land distribution, and agricultural land use reclassification – The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
32. Cadastral land survey - The Bangsamoro Government shall have the authority to conduct cadastral surveys, lot surveys, and isolated and special surveys in the Bangsamoro. The Bangsamoro Government shall furnish the results of these surveys to, and coordinate with, relevant Central Government agencies to effect inclusion into the national cadastral survey;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
38. Bangsamoro settlements;
50. Housing and human settlements;
Land, property and environment→Land reform/rights→Other land rights
Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 7, Part Three, III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
2. Economic and culture exchange;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
26. Hajj and Umrah – The Bangsamoro Government shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hajj and Umrah matters involving offices and agencies outside of the Bangsamoro;
Land, property and environment→Cultural heritage→Intangible
Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
29. Ancestral domain and natural resources;
30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions;
Land, property and environment→Cultural heritage→Promotion
Page 4, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
1. Social security and pensions - the Bangsamoro Government may organize its own social security and pensions systems alongside the existing Central Government social security and pensions systems. The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities. [...]

Page 8, Part Three III.
21. Culture and language;
24. Libraries, museums, historical, cultural and archaeological sites – The Bangsamoro Government shall have the power to establish its own libraries and museums, and declare historical and cultural sites. The Central Government shall transfer the management of such sites currently under the jurisdiction of the National Museum, National Historical Commission, or other national agencies, to the Bangsamoro Government or local governments therein following certain processes through the intergovernmental relations mechanism. With regards to archaeological sites, the Bangsamoro Government shall coordinate with the relevant national agencies on the regulation, excavation, preservation, and exportation of cultural properties, as well as on the recovery of lost historical and cultural artifacts;
Environment: Page 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
4. Pollution control – There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on pollution control;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
34. Environment, parks, forest management, wildlife nature reserves and conservation - The Bangsamoro Government shall have the authority to protect and manage the environment. It shall have the power to declare nature reserves and aquatic parks, forests, and watershed reservations, and other protected areas already defined by and under the authority of the Central Government;
Water or riparian rights or access: Page 7, Part Three, III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
9. Free ports- The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the Bangsamoro Basic Law;

Page 9, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
35. Inland waterways for navigation;
36. Inland waters;
37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;

Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
53. Water Supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and irrigation systems in the Bangsamoro – With regard to water supplies and services, flood control and systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or Local government bodies;

Security sector

Security Guarantees: Page 4, Part Three: Delineation of Powers - The Framework Agreement delineates powers at different levels as follows:
I. The Central Government shall retain the following reserved powers:
1. Defense and external security;
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 4, Part Three: Delineation of Powers
I. The Central Government shall retain the following reserved powers:
1. Defense and external security
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: Transitional justice→Amnesty/pardon→Power to amnesty
Page 5, Part Three: Delineation of Powers
II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:
6. Penology and penitentiary – There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons. Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsmoro Government, which shall submit its recommendations to the Office of the President. The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice;
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Signed in the presence of: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/philippines-annex-powersharing2013

In the Name of God, the Beneficent, the Merciful

ANNEX ON POWER SHARING

This Annex on Power Sharing forms part of the Framework Agreement on the Bangsamoro between the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF).

It contains details about the particular competencies and authorities of the Central Government and the Bangsamoro Government which shall serve as guide in the drafting of the Basic Law pursuant to the Framework Agreement on the Bangsamoro.

The Framework Agreement delineates powers at different levels.

The Central Government will have its reserved powers, the Bangsamoro Government will have its exclusive powers within its territorial jurisdiction, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government.

The delineation of reserved.

concurrent and exclusive powers is provided in Part Three of this Annex, and is guided by the processes V established under the Framework Agreement.

"Reserved powers" are powers or matters over which authority and jurisdiction are retained by the Central Government.

"Concurrent powers" shall refer to the shared powers between the Central Government and the Bangsamoro Government, as contained in this Annex and as shall be further provided in the Bangsamoro Basic Law.

"Exclusive powers" shall refer to powers or matters over which authority and jurisdiction pertain to the Bangsamoro Government.

PART ONE INTERGOVERNMENTAL RELATIONS

The following points on intergovernmental relations, among others, will govern -the relationship between the Central Government and the Bangsamoro Government and its constituent units.

Issues arising from the exercise of powers shall be resolved through the mechanism of intergovernmental relations below:

1. The relationship between the Central Government and the Bangsamoro Government is asymmetric.

This relation is reflective of the recognition of the Bangsamoro identity and their aspiration for self-governance.

This makes it distinct from the regions and other local governments.

2. The Central Government and the Bangsamoro Government shall be guided by the principle of parity of esteem and accepted norms of good governance.

The Central Government shall respect the exercise of the competencies or exclusive powers of the Bangsamoro Government.

The Bangsamoro Government shall respect the exercise of the competencies and reserved powers of the Central Government in the Bangsamoro.

3. The Central Government and the Bangsamoro Government shall establish a mechanism at the highest levels that will coordinate and harmonize their relationships.

For this purpose, a primary mechanism shall be a Central Government - Bangsamoro Government Intergovernmental Relations body to resolve issues on intergovernmental relations.

Disputes relating to these intergovernmental relations shall be resolved through regular consultations and continuing negotiations in a non-adversarial manner.

4. The Parties accept the concept of devolution as inspired by the principle of subsidiarity.

Decisions are to be made at the appropriate level to ensure public accountability and transparency, and in consideration of good governance and the general welfare.

5. Devolution will involve a process of empowerment, mobilization, capacity building and financing that can be strengthened by strong cooperation and partnership between the Central Government and the Bangsamoro Government.

6. The authority to regulate on its own responsibility the affairs of the local government units (LGUS) is guaranteed within the limit of the Bangsamoro Basic Law.

The privileges already enjoyed by the LGUS under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code.

7. As a matter of policy.

the Central Government shall ensure the participation and representation of the Bangsamoro in national agencies and other Central Government instrumentalities through the intergovernmental relations mechanism.

The Bangsamoro Basic Law shall provide for the appointment of Bangsamoros to positions provided under Republic Act No.

9054 (R.A. No.

9054).

The Bangsamoro Transition Commission may also propose other modalities for Bangsamoro representation as part of its set of recommendations for constitutional amendments.

PART TWO GOVERNANCE STRUCTURE

Bangsamoro Ministerial Government

1. The Bangsamoro shall have a democratically-elected assembly consistent with the principles of a ministerial form of government.

The Bangsamoro Transition Commission may provide for the name of the assembly in the Bangsamoro Basic Law;

2. The Bangsamoro assembly shall be representative of the Bangsamoro's constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors.

The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;

3. The Bangsamoro assembly will be composed of at least 50 members whose district, party-list, reserved seats, and sectoral constituencies shall be provided in the Bangsamoro Basic Law.

The Bangsamoro Basic Law shall provide for the term of office and the manner of selection of sectoral representatives, party-list, and reserved seats.

The Bangsamoro Basic Law shall provide the parameters for the assembly to reconstitute its districts;

4. The Parties agree to entrench an electoral system suitable to a ministerial form of government.

The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties.

The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws;

5. The Bangsamoro cabinet shall be composed of the Chief Minister, a Deputy Chief Minister, and such other ministers necessary to perform the functions of government.

The Chief Minister shall be elected by majority votes from among the members of the assembly and shall exercise executive authority on its behalf.

The Chief Minister shall appoint the Deputy Chief Minister from among the elected members of the assembly and the rest of ministers, majority of whom shall also come from among the members of the assembly:

6. The Bangsamoro assembly may remove the government of the day by a vote of no confidence of at least two-thirds of the assembly, in which case the government shall be reconstituted in accordance with the principles of a ministerial form of government.

The Bangsamoro Basic Law shall provide for the manner of reconstitution;

7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors.

The Bangsamoro council of leaders shall be chaired by the Chief Minister,

8. The ministers shall constitute the cabinet, which will be convened and presided over by the Chief Minister, or in his or her absence and with his or her consent, the Deputy Chief Minister;

9. There shall be a Philippine Congress - Bangsamoro assembly forum for purposes of cooperation and coordination of legislative initiatives.

PART THREE DELINEATION OF POWERS

The Framework Agreement delineates powers at different levels as follows:

The Central Government shall retain the following reserved powers:

1. Defense and external security:

Foreign policy:

Coinage and monetary policy:

4. Postal service:

Citizenship and naturalization;

6. Immigration;

Customs and tariff, as qualified by no.

10 in concurrent;

Common market and global trade, provided however that the power to enter into economic agreements already allowed under R.A. No.

9054 shall be transferred to the Bangsamoro Government;

and 9.

Intellectual property rights.

II. The Central Government and the Bangsamoro Government shall exercise concurrent powers within the Bangsamoro on the following matters:

1 Social security and pensions - The Bangsamoro Government may organize its own social security and pension systems alongside the existing Central Government social security and pensions systems.

The Bangsamoro Government and the Central Government, through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities.

The future relationship of the Central Government system and the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro may be further provided for in the Bangsamoro Basic Law or in a law duly enacted for the purpose:

2. Quarantine - There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on quarantine,

3. Land registration - The Bangsamoro Government, in accordance with the land registration system of the Central Government, shall administer land registration in the Bangsamoro territory through an office it shall create for the purpose.

The Bangsamoro Government shall furnish copies of the titles, deeds and other instruments to the relevant Central Government agencies.

The Bangsamoro Government can act on consultas.

The Bangsamoro Government may institute processes to promote more efficient registration of lands in the Bangsamoro:

4 Pollution control - There shall be cooperation and coordination among the relevant Central Government and Bangsamoro Government agencies on pollution control;

5 Human rights and humanitarian protection and promotion - The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions;

6. Penology and penitentiary - There shall be cooperation and coordination between the Central Government and the Bangsamoro Government institutions through the intergovernmental relations mechanism including on the matter of recommending parole and pardons.

Applications for pardons and parole shall be processed by an appropriate mechanism created by the Bangsamoro Government, which shall submit its recommendations to the Office of the President.

The Bangsamoro Government may create and manage jails, penal colonies and other facilities.

It shall ensure the compatibility of these facilities with the national jail management and penitentiary system through the intergovernmental relations mechanism.

These facilities are understood to be part of the country's administration of justice;

7. Auditing, as set forth in the Framework Agreement on the Bangsamoro and the Annex on Revenue Generation and Wealth Sharing:

8. Civil Service - The Bangsamoro Government shall develop and

administer a professional civil service corps, to include the powers and privileges on civil service matters provided in RA No.

9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission;

9 Coastguard - The Central Government shall have primary responsibility over coastguard matters.

There shall be cooperation and coordination over coastguard matters between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism;

10. There shall be a mechanism for cooperation and coordination between the Central Government and the Bangsamoro Government with regard to the enforcement of customs and tariff laws and regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction;

11 Administration of Justice - Administration of justice, in connection with the relevant provisions of the Framework Agreement on the Bangsamoro, and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari'ah courts and the Shari'ah justice system in the Bangsamoro;

12. Funding for the maintenance of national roads, bridges, and irrigation

systems - There shall be coordination through the intergovernmental relations mechanism between the relevant Central Government and Bangsamoro Government agencies on the Central Government funding for the maintenance of national roads, bridges, and irrigation systems within the Bangsamoro;

13. Disaster risk reduction and management - The Bangsamoro Government shall have primary responsibility over disaster risk reduction and management within the Bangsamoro.

There shall be cooperation and coordination among relevant Central Government and Bangsamoro Government agencies on disaster risk reduction and management;

14. Public order and safety - The Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro.

There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism.

III. The Bangsamoro Government shall have exclusive powers that it

exercises within its territorial jurisdiction, over the following matters:

1. Agriculture, livestock and food security:

2. Economic and cultural exchange:

3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;

4. Trade, industry, investment, enterprises and regulation of businesses taking into consideration the relevant laws:

Labor, employment and occupation;

6. Registration of business names, with the Bangsamoro Government listing

these in the Philippine Business Registry for business names;

7. Barter trade and countertrade with ASEAN countries;

8. Economic zones and industrial centers;

9. Free ports - The Bangsamoro Government may establish free ports in the Bangsamoro.

The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs.

immigration, quarantine service, and international commitments.

Business and other enterprises operating within the Bangsamoro free ports shall be entitled to the fiscal incentives and other benefits provided by the Central Government to special economic zones.

Bangsamoro free ports shall be contiguous/adjacent to seaport or airport and shall have a coverage area not exceeding limits provided in the

Bangsamoro Basic Law:

10. Tourism:

11. Creation of sources of revenue;

12. Budgeting:

13. Financial and banking systems - This is without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas (BSP) and provided that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include

among others the establishment of a Shari'ah supervisory board;

14. Establishment of government-owned and controlled corporations (GOCCs) and financial institutions - The Bangsamoro Government may legislate and implement the creation of its own GOCCs in the pursuit of the common good and subject to economic viability.

The GOCCs shall be duly registered with the Securities and Exchange Commission or established under legislative charter by the Bangsamoro Government;

15. The Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro.

It shall promote investments, domestic and international, in the power sector industry in the Bangsamoro.

Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission grid to electric consumers.

The Bangsamoro Government may assist electric Cooperatives in accessing funds and technology, to ensure their financial and operational viability.

When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism;

16. Public utilities operations in the Bangsamoro - In case of inter-regional

utilities, there shall be cooperation and coordination among the relevant

government agencies;

17. Receive grants and donations;

18. Education and skills training,

19. Science and technology:

20. Research councils and scholarships

21. Culture and language:

22. Sports and recreation;

23. Regulation of games and amusement operations within the Bangsamoro;

24. Libraries, museums, historical, cultural and archaeological sites - The Bangsamoro Government shall have the power to establish its own libraries and museums, and declare historical and cultural sites.

The Central Government shall transfer the management of such sites currently under the jurisdiction of the National Museum, National // Historical Commission, or other national agencies, to the Bangsamoro Government or local governments therein following certain processes through the intergovernmental relations mechanism.

With regards to archaeological sites, the Bangsamoro Government shall coordinate with the relevant national agencies on the regulation, excavation, preservation, and exportation of cultural properties, as well as on the recovery of lost historical and cultural artifacts:

25. Regulations on manufacture and distribution of foods, drinks, drugs and tobacco for the welfare of the Bangsamoro;

26. Hajj and Umrah - The Bangsamoro Government shall have primary

jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro.

The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro.

The Bangsamoro pilgrimage authority shall act in close coordination with the Central Government on Hai and Umrah matters involving offices and agencies outside of the Bangsamoro;

27. Customary laws

28. Declaration of Bangsamoro holidays:

29. Ancestral domain and natural resources:

30. Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights,

cultural integrity, customary beliefs, historical and community traditions:

31. Land management, and distribution, and agricultural land use

reclassification - The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets;

32. Cadastral land survey - The Bangsamoro Government shall have the authority to conduct cadastral surveys, lot surveys, and isolated and special surveys in the Bangsamoro.

The Bangsamoro Government shall furnish the results of these surveys to, and coordinate with, relevant Central Government agencies to effect inclusion into the national cadastral survey:

33. Expropriation and eminent domain;

34. Environment, parks, forest management, wildlife nature reserves and conservation - The Bangsamoro Government shall have the authority to protect and manage the environment.

It shall have the power to declare nature reserves and aquatic parks, forests, and watershed reservations, and other protected areas in the Bangsamoro.

The Bangsamoro Basic Law will provide for the process that will transfer the management of national reserves and aquatic parks, forests and watershed reservations, and other protected areas already defined by and under the authority of the Central Government;

35 Inland waterways for navigation:

36. Inland waters;

37. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;

38. Bangsamoro settlements;

39. Customary justice - The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro's justice system.

This may include the recognition of indigenous processes as alternative modes of dispute resolution;

40. Shari'ah courts and Shari'ah justice system, as set forth in relevant

provisions of the Framework Agreement;

41. Public administration and bureaucracy for the Bangsamoro;

42. Health - The Central Government and the Bangsamoro Government shall cooperate with and assist each other in the prevention and control of epidemic and other communicable diseases:

43. Social services, social welfare and charities;

4. Waste management:

45. Establishment and supervision of humanitarian services and institutions;

46. Identification, generation and mobilization of international human resources for capacity building and other activities involving the same within the Bangsamoro - The Central Government shall cooperate with and assist the Bangsamoro Government towards ensuring access to such relevant human resources through the intergovernmental relations

mechanism:

47. Awqaf and charitable trusts

48. Hisbah office for accountability as part of the Shari'ah justice system;

49. Registration of births, marriages, and deaths, copies of which shall be forwarded to the National Statistics Office:

50. Housing and human settlements;

51. Development planning:

52. Urban and rural development:

53. Water supplies and services, flood control and irrigation systems in the Bangsamoro - With regard to water supplies and services, flood control and irrigation systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or local government bodies:

54. Public works and highways within the Bangsamoro;

55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors:

56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities:

57. Local administration, municipal corporations and other local authorities including the creation of local government units - The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government envisioned by the Framework Agreement on the Bangsamoro, and as shall be provided by the Bangsamoro Basic Law creating the Bangsamoro, and subsequent laws to be passed by its assembly.

However, when such acts require the creation of a congressional district, the Philippine Congress and the Bangsamoro assembly shall work together in order to facilitate the creation of the same, through the appropriate intergovernmental relations mechanism;

58. Establishment or creation of other institutions, policies and laws for the

general welfare of the people in the Bangsamoro.

PART FOUR OTHER MATTERS PERTAINING TO POWER SHARING

1. Transportation and Communications

On transportation and communications, the Central Government and the Bangsamoro Government shall have reserved, concurrent and exclusive powers, based on the following principles:

Subsidiarity

Technical and financial viability

Harmonization:

uniform system concept

Compliance with international standards, treaties and conventions

Mutual respect and recognition

Recognition of the aspiration of the Bangsamoro to assume further powers as may be practically operational as its capacity develops.

The Bangsamoro Basic Law shall delineate the appropriate powers that the Central Government and the Bangsamoro Government shall exercise on transportation and communications.

All revenues derived by the Bangsamoro Government from the exercise of its exclusive and concurrent powers, taking into account any administrative costs to the Central Government agencies, shall pertain to the Bangsamoro Government.

The Bangsamoro Basic Law shall provide for an intergovernmental body to harmonize policies, programs, regulations and standards, and to resolve problems of implementation between the Central Government and the Bangsamoro Government.

2. Mineral and Energy Resources

The Bangsamoro Government shall have authority and jurisdiction over the exploration, development, and utilization of mines and minerals in its territory.

The applications for financial and technical assistance agreements (FTAAs) shall be commenced at and recommended by the Bangsamoro Government to the President.

The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro, giving preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro.

The modalities for the exercise of this power shall be provided in the Bangsamoro Basic Law.

Implementing rules and regulations for the exercise of this power, including safeguards against potential unfair business practices, shall be jointly drawn up.

3. Taxation

The Central Government shall continue to levy national taxes in the Bangsamoro.

The Bangsamoro Government shall also have the power to levy taxes, as provided in the Annex on Revenue Generation and Wealth Sharing.

4. Powers Already Devolved

All other powers granted to the Autonomous Region in Muslim Mindanao (ARMM) which are relevant to the Framework Agreement on the Bangsamoro shall be transferred to the Bangsamoro Government.

As part of the Philippine Government commitment in other peace agreements involving the Bangsamoro, the Bangsamoro Basic Law may adopt specific powers contained in these agreements and in the ARMM Organic Law, as amended.

The Bangsamoro Transition Commission shall undertake an inventory of the powers and consider the proposed recommendations from the review process of the 1996 Final Peace Agreement between the Government and the Moro National Liberation Front for possible incorporation into the Bangsamoro Basic Law.

It shall also take into account the proposed amendments of the ARMM Regional Legislative Assembly to R.A. No.

9054.

Done this 8th day of December 2013 in Kuala Lumpur, Malaysia

FOR THE GPH PROF.

MIRIAM CORONEL-FERRER GPH Panel Chair

FOR THE MILF:

MOHAGHER IQBAL MILF Panel Chair

SIGNED IN THE PRESENCE OF:

TENGKU DATO' AB GHAFAR TENGKU MOHAMED

Malaysia Facilitator