On the Bangsamoro Waters and Zones of Joint Cooperation Addendum to the Annex on Revenue Generation and Wealth-sharing and the Annex on Power-sharing

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Country/entity: Philippines
Mindanao
Region: Asia and Pacific
Agreement name: On the Bangsamoro Waters and Zones of Joint Cooperation Addendum to the Annex on Revenue Generation and Wealth-sharing and the Annex on Power-sharing
Date: 25 Jan 2014
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 Cornonel-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: Addendum to the annexes on Revenue Generation and Wealth sharing and on Power Sharing to formalize the jurisdiction of the Bangsamoro Waters and create Zones of Joint Cooperation, and establish a Joint Body for the Zones of Joint Cooperation.

Agreement document: PH_140125_Addendum on Waters.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 2, 9. The Bangsamoro people, other indigenous peoples in the adjoining provinces, and the resident fishers in the Bangsamoro shall have preferential rights over fishery, aquamarine, and other living resources in the Zones of Joint Cooperation.
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: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 1, 1. The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity.

Page 1, 2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit. Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

Page 1, 4 .The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates.

See Page 3 for Map.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 4 .The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates.

Power sharing

Political power sharing: Power sharing→Political power sharing→Other
State level
Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity; provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.
...
Page 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

Page 2, 8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes.

Page 2, 10. Ten years after the signing of the comprehensive agreement on the Bangsamoro, the Central Government and the Bangsamoro Government shall discuss the enhancement of the area of the Bangsamoro Waters, through the necessary processes and modalities.

See Page 3 for Map.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 1, 2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit. Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of:
a) protection of traditional fishing grounds,
b) benefitting from the resources, and
c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity; provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.

Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.
Power sharing→Territorial power sharing→Other
Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity; provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.

Page 1, 4 .The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates.

Page 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

Page 2, 8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes.

Page 2, 10. Ten years after the signing of the comprehensive agreement on the Bangsamoro, the Central Government and the Bangsamoro Government shall discuss the enhancement of the area of the Bangsamoro Waters, through the necessary processes and modalities.

See Page 3 for Map.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of [...] b) benefitting from the resources

Page 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.

Pg. 2, 7. The intergovernmental relations mechanism shall ensure the cooperation and coordination between the Central Government and the Bangsamoro Government on the exploration, development and utilization of non-living resources in the Zones of Joint Cooperation and determine the sharing of income and revenues derived therefrom.

Page 2, 9. The Bangsamoro people, other indigenous peoples in the adjoining provinces, and the resident fishers in the Bangsamoro shall have preferential rights over fishery, aquamarine, and other living resources in the Zones of Joint Cooperation.

See Page 3 for Map.
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: Page 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.
Protection measures: Rights related issues→Protection measures→Other
Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of:
a) protection of traditional fishing grounds,
b) benefitting from the resources, and
c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity; provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.

Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.
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 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.

Pg. 2, 7. The intergovernmental relations mechanism shall ensure the cooperation and coordination between the Central Government and the Bangsamoro Government on the exploration, development and utilization of non-living resources in the Zones of Joint Cooperation and determine the sharing of income and revenues derived therefrom.
National economic plan: No specific mention.
Natural resources: Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.

Pg. 2, 7. The intergovernmental relations mechanism shall ensure the cooperation and coordination between the Central Government and the Bangsamoro Government on the exploration, development and utilization of non-living resources in the Zones of Joint Cooperation and determine the sharing of income and revenues derived therefrom.

Page 2, 9. The Bangsamoro people, other indigenous peoples in the adjoining provinces, and the resident fishers in the Bangsamoro shall have preferential rights over fishery, aquamarine, and other living resources in the Zones of Joint Cooperation.
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: Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of a) protection of traditional fishing grounds, [...]

Page 1, 6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government. The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs). This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.
Water or riparian rights or access: Page 1, 1. The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity.

Page 1, 2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit. Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

Page 1, 3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Mora Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity; provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.

Page 1, 4 .The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law. The map attached shall serve as the guide in mapping out the specific coordinates.

Page 1, 5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

Page 2, 8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes.

Page 2, 10. Ten years after the signing of the comprehensive agreement on the Bangsamoro, the Central Government and the Bangsamoro Government shall discuss the enhancement of the area of the Bangsamoro Waters, through the necessary processes and modalities.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
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: 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: 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-addendum-waters2014

ON THE BANGSAMORO WATERS AND ZONES OF JOINT COOPERATION ADDENDUM TO THE ANNEX ON REVENUE GENERATION AND WEALTH SHARING AND THE ANNEX ON POWER SHARING

1. The Bangsamoro Waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory.

The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity.

2. Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit.

Should they be so situated that there is more than thirty (30) kilometres but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

3. There shall be Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf for the purpose of a) protection of traditional fishing grounds, b) benefitting from the resources, and c) interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro political entity;

provided that the zones do not include the Bangsamoro Waters and the municipal waters of all adjoining local government units.

4. The specific coordinates delineating the Bangsamoro Waters and the Zones of Joint Cooperation shall be determined in the Bangsamoro Basic Law.

The map attached shall serve as the guide in mapping out the specific coordinates.

5. There shall be free movement of vessels, goods, and people in the Zones of Joint Cooperation.

6. There shall be created a Joint Body for the Zones of Joint Cooperation composed of representatives of the Bangsamoro Government and Central Government.

The Bangsamoro Government and the Central Government shall ensure the participation of concerned local government units (LGUs).

This body shall ensure the cooperation and coordination of appropriate agencies for fisheries and marine development and environmental protection, and enhance the movement of vessels, goods, and people in the Zones of Joint Cooperation.

7. The intergovernmental relations mechanism shall ensure the cooperation and coordination between the Central Government and the Bangsamoro Government on the exploration, development and utilization of non-living resources in the Zones of Joint Cooperation and determine the sharing of income and revenues derived therefrom.

8. Transportation plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland parts of the Bangsamoro and passing through the Zones of Joint Cooperation shall be considered intra-regional routes.

9. The Bangsamoro people, other indigenous peoples in the adjoining provinces, and the resident fishers in the Bangsamoro shall have preferential rights over fishery, aquamarine, and other living resources in the Zones of Joint Cooperation.

10. Ten years after the signing of the comprehensive agreement on the Bangsamoro, the Central Government and the Bangsamoro Government shall discuss the enhancement of the area of the Bangsamoro Waters, through the necessary processes and modalities.

Done this 25th day of January 2014 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, Malaysian Facilitator