Annex on Transitional Arrangements and Modalities to the Framework Agreement on the Bangsamoro (FAB)

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: Annex on Transitional Arrangements and Modalities to the Framework Agreement on the Bangsamoro (FAB)
Date: 27 Feb 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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Philippines - Mindanao process
Parties: Miriam Coronel-Ferrer, Panel Chair for the Government of the Philippines
Mohagher Iqbal, Panel Chair for the Moro Islamic Liberation Front
Third parties: Tengku Dato'Ab Ghafar Tengku Mohamed, Facilitator and Representative of Malaysia
Description: This Annex on Transitional Arrangements and Modalities provides for, on the basis of the Framework Agreement on the Bangsamoro, the modalities by which the institutions and mechanisms will become fully operational in the Bangsamoro.

Agreement document: PH_130227_Annex on Transitional Arrangements.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: Groups→Indigenous people→Substantive
Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.1. The TC shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight (8) member, including the Chair, shall be selected by the Moro Islamic Liberation Front.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: Page 4, II. Transition Mechanisms and Modalities, A. The Transition Commission (TC)
(e) All of the areas enumerated in Part V item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.
(f) Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such a resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.
(g) Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. [...]

Page 5, II. Transition Mechanisms and Modalities, B. The Bangsamoro Transition Authority (BTA)
3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.
6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.
Self determination: No specific mention.
Referendum: Page 2, I. Transition Process
E. Ratification of the Bangsamoro Basic Law - the Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V., Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(e) All of the areas enumerated in Part V item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(f) Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such a resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(g) Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition. The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the Bangsamoro Basic Law. The Parties shall undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(h) The Parties shall confirm the fact of the ratification of the Bangsamoro Basic Law.
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)→Temporary new institutions
Page 1, I The Transition Process
The Parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro.

Page 1, I The Transition Process
A. Creation of the Transition Commission (TC) - The President of the Republic of the Philippines shall issue an executive order effecting the establishment of a Transition Commission. Congress shall express its support for such establishment. The Executive Order shall provide for the compositions of the TC, its authority and functions, its relationship with government agencies and branches of government, and the budgetary allocation sufficient for its operations.

Page 1, I The Transition Process
B. Operation of the Transition Commission - Once the TC is created, it shall exercise its functions in accordance with the FAB and its Annexes, and such other functions that are necessary in the performances of its mandate as provided in the Executive Order. To facilitate its tasks, it may create technical committees and a secretariat. The TC may also solicit assistance and advice from experts. The TC shall adopt necessary administrative guidelines for the speedy, efficient and effective performance of its functions.

Page 2, I. Transition Process
C. The Bangsamoro Basic Law - The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB. The proposed Basic Law shall be submitted to the Office of the President. The President shall submit the proposed Basic Law to Congress as a legislative proposal. The bill for the proposed Basic Law shall be certified as urgent by the President.

Page 2, I. Transition Process
D. Work on Constitutional Amendments - The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the parties whenever necessary without derogating from any prior peace agreements.

Page 2, I. Transition Process
E. Ratification of the Bangsamoro Basic Law - the Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V., Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

Page 2, I. Transition Process
F. Bangsamoro Transition Authority (BTA) - The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

Page 2, I. Transition Process
F. Bangsamoro Transition Authority (BTA) - The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.1. The TC shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight (8) member, including the Chair, shall be selected by the Moro Islamic Liberation Front.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.2. The TC will serve as the central transitional mechanism for the MILF's participation in the joint tasks required under the FAB.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.3. The TC will be independent from the ARMM. All government agencies, including but not limited to, the ARMM Regional Government, local government units, and GOCCs shall support the TC in the performance of its tasks and responsibilities.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.4. The TC may coordinate with legislative bodies in order to accomplish its duties.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.5. The TC shall cease to exist upon the enactment of the Bangsamoro Basic Law.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(a) The TC shall draft the Bangsamoro Basic Law, using as bases the FAB and its annexes.
(b) The draft of the Bangsamoro Basic Law, as formulated by the TC, shall thereafter be submitted to the President.

Page 4, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA. Its members shall be appointed by the President.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
2. The BTA shall be MILF-led.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.
Elections: Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(g) Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition. The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the Bangsamoro Basic Law. The Parties shall undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro.

Page 5, II. Transition Mechanisms and Modalities, B. The Bangsamoro Transition Authority (BTA)
5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016.
Electoral commission: Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(g) Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition. The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the Bangsamoro Basic Law. The Parties shall undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro.
Political parties reform: No specific mention.
Civil society: Page 5, II. Transitional Mechanisms and Modalities
C. Third Party Monitoring Team (TPMT)
2. The TPMT is an independent body composed of international bodies, as well as domestic groups, as follows: [...]
-A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the GPH;
-A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the MILF;
-A representative from an international non-government organization to be nominated by the GPH;
-A representative from an international non-government organization to be nominated by the MILF;
All members shall be mutually acceptable and agreed upon by the Parties.

Page 6, II. Transitional Mechanisms and Modalities
C. Third Party Monitoring Team (TPMT): 4. The basic functions of the TPMT are, but not limited to, the following:
a. Monitoring and evaluation of the implementation of all agreements
b. Submit comprehensive periodic reports and updates to both Parties.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, I The Transition Process -- The Parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro.
A. Creation of the Transition Commission (TC) - The President of the Republic of the Philippines shall issue an executive order effecting the establishment of a Transition Commission. Congress shall express its support for such establishment. The Executive Order shall provide for the compositions of the TC, its authority and functions, its relationship with government agencies and branches of government, and the budgetary allocation sufficient for its operations.

Page 2, I. Transition Process
C. The Bangsamoro Basic Law - The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB. The proposed Basic Law shall be submitted to the Office of the President. The President shall submit the proposed Basic Law to Congress as a legislative proposal. The bill for the proposed Basic Law shall be certified as urgent by the President.

Page 2, I. Transition Process
D. Work on Constitutional Amendments - The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the parties whenever necessary without derogating from any prior peace agreements.

Page 2, I. Transition Process
E. Ratification of the Bangsamoro Basic Law - the Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V., Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

Page 2, I. Transition Process
F. Bangsamoro Transition Authority (BTA) - The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.4. The TC may coordinate with legislative bodies in order to accomplish its duties.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.5. The TC shall cease to exist upon the enactment of the Bangsamoro Basic Law.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(a) The TC shall draft the Bangsamoro Basic Law, using as bases the FAB and its annexes.
(b) The draft of the Bangsamoro Basic Law, as formulated by the TC, shall thereafter be submitted to the President.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(c) The Panesl shall provide the necessary assistance for the passage of the proposed Bangsamoro Basic Law.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(d) The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior agreements.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed: (f) Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such a resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(g) Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite. The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition. The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the Bangsamoro Basic Law. The Parties shall undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(h) The Parties shall confirm the fact of ratification of the promulgation of the Bangsamoro Basic Law.

Page 4, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA. Its members shall be appointed by the President.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
State level
Page 1, I The Transition Process
The Parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro.

Page 1, I The Transition Process
A. Creation of the Transition Commission (TC) - The President of the Republic of the Philippines shall issue an executive order effecting the establishment of a Transition Commission. Congress shall express its support for such establishment. The Executive Order shall provide for the compositions of the TC, its authority and functions, its relationship with government agencies and branches of government, and the budgetary allocation sufficient for its operations.

B. Operation of the Transition Commission - Once the TC is created, it shall exercise its functions in accordance with the FAB and its Annexes, and such other functions that are necessary in the performances of its mandate as provided in the Executive Order. To facilitate its tasks, it may create technical committees and a secretariat. The TC may also solicit assistance and advice from experts. The TC shall adopt necessary administrative guidelines for the speedy, efficient and effective performance of its functions.

Page 2, I. Transition Process
C. The Bangsamoro Basic Law - The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB. The proposed Basic Law shall be submitted to the Office of the President. The President shall submit the proposed Basic Law to Congress as a legislative proposal. The bill for the proposed Basic Law shall be certified as urgent by the President.

D. Work on Constitutional Amendments - The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the parties whenever necessary without derogating from any prior peace agreements.

E. Ratification of the Bangsamoro Basic Law - the Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V., Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

F. Bangsamoro Transition Authority (BTA) - The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
The TC shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH, and eight (8) members, including the Chair, shall be selected by the Moro Islamic Liberation Front.

Page 4, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA. Its members shall be appointed by the President.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
2. The BTA shall be MILF-led.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.3. The TC will be independent from the ARMM. All government agencies, including but not limited to, the ARMM Regional Government, local government units, and GOCCs shall support the TC in the performance of its tasks and responsibilities.

Page 5, II. Transition Mechanisms and Modalities, B. The Bangsamoro Transition Authority (BTA)
4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.
6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.
Power sharing→Territorial power sharing→Autonomous regions
Page 1, I The Transition Process
The Parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro.

Page 1, I The Transition Process
A. Creation of the Transition Commission (TC) - The President of the Republic of the Philippines shall issue an executive order effecting the establishment of a Transition Commission. Congress shall express its support for such establishment. The Executive Order shall provide for the compositions of the TC, its authority and functions, its relationship with government agencies and branches of government, and the budgetary allocation sufficient for its operations.

Page 1, I The Transition Process
B. Operation of the Transition Commission - Once the TC is created, it shall exercise its functions in accordance with the FAB and its Annexes, and such other functions that are necessary in the performances of its mandate as provided in the Executive Order. To facilitate its tasks, it may create technical committees and a secretariat. The TC may also solicit assistance and advice from experts. The TC shall adopt necessary administrative guidelines for the speedy, efficient and effective performance of its functions.

Page 2, I. Transition Process
C. The Bangsamoro Basic Law - The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB. The proposed Basic Law shall be submitted to the Office of the President. The President shall submit the proposed Basic Law to Congress as a legislative proposal. The bill for the proposed Basic Law shall be certified as urgent by the President.

Page 2, I. Transition Process
D. Work on Constitutional Amendments - The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the parties whenever necessary without derogating from any prior peace agreements.

Page 2, I. Transition Process
E. Ratification of the Bangsamoro Basic Law - the Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V., Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

Page 2, I. Transition Process
F. Bangsamoro Transition Authority (BTA) - The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro. It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.1. The TC shall be composed of fifteen (15) members all of whom are Bangsamoro. Seven (7) members shall be selected by the GPH and eight (8) member, including the Chair, shall be selected by the Moro Islamic Liberation Front.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.2. The TC will serve as the central transitional mechanism for the MILF's participation in the joint tasks required under the FAB.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.3. The TC will be independent from the ARMM. All government agencies, including but not limited to, the ARMM Regional Government, local government units, and GOCCs shall support the TC in the performance of its tasks and responsibilities.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.4. The TC may coordinate with legislative bodies in order to accomplish its duties.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.5. The TC shall cease to exist upon the enactment of the Bangsamoro Basic Law.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(a) The TC shall draft the Bangsamoro Basic Law, using as bases the FAB and its annexes.
(b) The draft of the Bangsamoro Basic Law, as formulated by the TC, shall thereafter be submitted to the President.

Page 3, II. Transition Mechanisms and Modalities
A. The Transition Commission (TC)
A.6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:
(e) All of the areas enumerated in Part V item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.
(f) Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein. Such a resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law. A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.

Page 4, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA. Its members shall be appointed by the President.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
2. The BTA shall be MILF-led.

Page 5, II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process. Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.

II. Transition Mechanisms and Modalities,
B. The Bangsamoro Transition Authority (BTA)
5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016.

4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituents shall carry out underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.
Economic power sharing: No specific mention.
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: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
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: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 6, II. Transitional Mechanisms and Modalities
D. Joint Normalization Committee (JNC) - The Joint Normalization Committee shall be created to ensure the coordination between the Government and remaining MILF forces through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed. Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 6, II. Transitional Mechanisms and Modalities
D. Joint Normalization Committee (JNC) - The Joint Normalization Committee shall be created to ensure the coordination between the Government and remaining MILF forces through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed. Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 6, II. Transitional Mechanisms and Modalities
D. Joint Normalization Committee (JNC) - The Joint Normalization Committee shall be created to ensure the coordination between the Government and remaining MILF forces through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed. Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.
DDR: Security sector→DDR→DDR programmes
Page 6, II. Transitional Mechanisms and Modalities
D. Joint Normalization Committee (JNC) - The Joint Normalization Committee shall be created to ensure the coordination between the Government and remaining MILF forces through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed. Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 6, II. Transitional Mechanisms and Modalities
D. Joint Normalization Committee (JNC) - The Joint Normalization Committee shall be created to ensure the coordination between the Government and remaining MILF forces through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed. Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.
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: No specific mention.
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: Tengku Dato'Ab Ghafar Tengku Mohamed, Representative of Malaysian Facilitator
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, I. Transition Process
G. Monitoring - A Third Party Monitoring Team composed of international bodies as well as domestic groups shall be created by the Parties for the purpose of periodic monitoring of the implementation of all the agreements.

Page 3, I. Transition Process
H. Exit Document - The Parties' respective negotiating panels, together with the Malaysian Facilitator and Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An Exit Document officially terminating the peace negotiation may be crafted and signed by both parties if and only when all agreements have been fully implemented.

Page 5, II. Transition Mechanisms and Modalities
C. The TPMT
1. Pursuant to Provision No. VII (Transition and Implementation), Paragraph 11 and 12, of the Framework Agreement on the Bangsamoro (FAB), a Third Party Monitoring Team shall be established to monitor the implementation of all agreements by the Parties.
2. The TPMT is an independent body composed of international bodies, as well as domestic groups, as follows: [...] all members shall be mutually acceptable and agreed upon by the Parties.

Page 6, II. Transitional Mechanisms and Modalities
C. TPMT
3. The TPMT shall be covered by a set Terms of Reference (ToR) and Guidelines that shall define and frame the scope of its operational functions and administrative requirements. The ToR and Guidelines shall be approved by the parties.

Page 6, II. Transitional Mechanisms and Modalities
C. TPMT
4. The basic functions of the TPMT are, but not limited to, the following:
4.a Monitoring and evaluation of the implementation of all agreements
4.b. Submit comprehensive periodic reports and updates to both Parties
Related cases: No specific mention.
Source: UN Peacemaker http://peacemaker.un.org/philippines-annex-TAM2013

ANNEX ON TRANSITIONAL ARRANGEMENTS AND MODALITIES

This Annex on Transitional Arrangements and Modalities lays down, on the basis of the Framework Agreement on the Bangsamoro (FAB), the modalities by which the institutions and mechanisms will become fully operational.

I. THE TRANSITION PROCESS

The Parties agree on the following process that shall guide the transition from the status quo to the entrenchment of the Bangsamoro.

A. Creation of the Transition Commission (TC)

The President of the Republic of the Philippines shall issue an executive order effecting the establishment of a Transition Commission.

Congress shall express its support for such establishment.

The Executive Order shall provide for the composition of the TC, its authority and functions, its relationship with government agencies and branches of government, and the budgetary allocation sufficient for its operations.

B. Operation of the Transition Commission

Once the TC is created, it shall exercise its functions in accordance with the FAB and its Annexes, and such other functions that are necessary in the performance of its mandate as provided in the Executive Order.

To facilitate its tasks, it may create technical committees and a secretariat.

The TC may also solicit assistance and advice from experts.

The TC shall adopt necessary administrative guidelines for the speedy, efficient and effective performance of its functions.

C. The Bangsamoro Basic Law

The TC shall work on the drafting of the Bangsamoro Basic Law, in accordance with the provisions of the FAB.

The proposed Basic Law shall be submitted to the Office of the President.

The President shall submit the proposed Basic Law to Congress as a legislative proposal.

The bill for the

proposed Basic Law shall be certified as urgent by the President.

D. Work on Constitutional Amendments

The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreement of the Parties whenever necessary without derogating from any prior peace agreements.

E. Ratification of the Bangsamoro Basic Law

The Bangsamoro Basic Law, once enacted by Congress, shall undergo a process of popular ratification by the qualified voters in the core territory of the Bangsamoro identified in Part V, Paragraph 1 of the FAB not later than 120 days from the legislative enactment.

It shall provide for the repeal of Republic Act 9054, and the creation of the Bangsamoro Transition Authority.

F. Bangsamoro Transition Authority (BTA)

The BTA shall have as its core function the preparation for the transition to the ministerial government in the Bangsamoro.

It shall exercise governance functions devolved to the Bangsamoro in accordance with the Basic Law, and shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

G. Monitoring

A Third Party Monitoring Team composed of international bodies as well as domestic groups shall be created by the Parties for the purpose of periodic monitoring of the implementation of all the agreements.

H. Exit Document

The Parties' respective negotiating panels, together with the Malaysian Facilitator and Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition.

An Exit Document officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented.

II. TRANSITION MECHANISMS AND MODALITIES

A. The Transition Commission (TC)

1. The TC shall be composed of fifteen (15) members all of whom are Bangsamoro.

Seven (7) members shall be selected by the GPH and eight (8) members, including the Chair, shall be selected by the Moro Islamic Liberation Front.

2. The TC will serve as the central transitional mechanism for the MILF's participation in the joint tasks required under the FAB.

3. The TC will be independent from the ARMM.

All government agencies, including but not limited to, the ARMM Regional Government, local government units, and GOCCs shall support the TC in the performance of its tasks and responsibilities.

4. The TC may coordinate with legislative bodies in order to accomplish its duties.

5. The TC shall cease to exist upon the enactment of the Bangsamoro Basic Law.

6. In relation to the TC's task of working on the drafting of the Basic Law and the proposals to amend the Philippine Constitution, the following procedures shall be observed:

[a] The TC shall draft the Bangsamoro Basic Law, using as bases the FAB and its annexes.

[b] The draft Bangsamoro Basic Law, as formulated by the TC, shall thereafter be submitted to the President.

[c] The Panels shall provide the necessary assistance for the passage of the proposed Bangsamoro Basic Law.

[d] The TC shall work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the constitution the agreements of the Parties whenever necessary without derogating from any prior agreements.

[e] All of the areas enumerated in Part V Item 1 of the FAB shall undergo a plebiscite to determine the territorial jurisdiction of the Bangsamoro.

[f] Areas contiguous to the core territory of the Bangsamoro shall be included in the plebiscite if there is a resolution of the local government unit or a petition of at least 10% of the qualified voters therein.

Such resolution or petition shall be submitted to the Parties at least two (2) months prior to the conduct of ratification of the Bangsamoro Basic Law.

A majority vote of the qualified voters decides the inclusion in the territorial jurisdiction of the Bangsamoro.

[g] Both Parties agree to the creation of a robust international-domestic monitoring body to be accredited by the Commission on Elections (COMELEC) to monitor the administration of the plebiscite.

The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks.

The reports of the monitoring body shall be made available to the Panels for their

disposition.

The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the Bangsamoro

Basic Law.

The Parties shall undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro.

[h] The Parties shall confirm the fact of ratification of the promulgation of the Bangsamoro Basic Law.

B. The Bangsamoro Transition Authority (BTA)

1. The Bangsamoro Basic Law shall provide for the organization and composition of the BTA.

Its members shall be appointed by the President.

2. The BTA shall be MILF-Ied.

3. The BTA shall serve as the main mechanism for the MILF's leadership in the Bangsamoro during the transition process.

Once the Basic Law comes into force, and the BTA established, the devolved powers of the new political entity are vested in the Government of the Bangsamoro.

4. The entrenchment of the Basic Law will make it possible for the BTA to assume the powers of governance in the territory of the Bangsamoro, and its local constituent units shall carry out the principle underlying devolution with appropriate inter-governmental fiscal administration and the overall requirements of financial equalization.

5. The BTA shall continue to perform its function as interim Bangsamoro Government until the duly elected officials of the Bangsamoro shall have been qualified into office in 2016.

6. The Parties agree that as a consequence of the change in the territory constituting the Bangsamoro, the Basic Law shall provide for a new redistricting or other modalities of ensuring more equitable representations of the constituencies in the Bangsamoro Assembly.

C.The Third Party Monitoring Team (TPMT)

1. Pursuant to Provision No.

VII (Transition and Implementation), Paragraph 11 and 12, of the Framework Agreement on the Bangsamoro (FAB), a Third Party Monitoring Team shall be established to monitor the implementation of all agreements by the Parties.

2. The TPMT is an independent body composed of international bodies, as well as domestic groups, as follows:

- A chair, who shall be an eminent international person;

- A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the GPH;

- A representative from a local non-government organization registered with the Securities and Exchange Commission, to be nominated by the MILF;

- A representative from an international non-government organization to be nominated by the GPH;

and

- A representative from an international non-government organization to be nominated by the MILF.

All members shall be mutually acceptable and agreed upon by the Parties.

3. The TPMT shall be covered by a set of Terms of Reference (ToR) and Guidelines that shall define and frame the scope of its operational functions and administrative requirements.

The ToR and Guidelines shall be approved by the Parties.

4. The basic functions of the TPMT are, but not limited to, the following:

a. Monitoring and evaluation of the implementation of all agreements

b. Submit comprehensive periodic reports and updates to both Parties

D. Joint Normalization Committee (JNC)

The Joint Normalization Committee shall be created to ensure the coordination between Government and remaining MILF forces, through which the MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning have been fully completed.

Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.

Done this 27th day of February 2013 in Kuala Lumpur, Malaysia.