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