The Comprehensive Agreement on the Bangsamoro

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
The Comprehensive Agreement on the Bangsamoro
Date
27/03/2014
Agreement status
Multiparty signed/agreed
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.
Philippine Insurgencies (1968 - ) )
Stage
Implementation/renegotiation (Implementation modalities)
Conflict nature
Government/territory
Peace process
90: Philippines - Mindanao process
Parties
For the GPH: Miriam Coronel Ferrer, GPH Panel Chairperson,
Senen C. Bacani, Panel Member, Yasmin Busran-Lao, Panel Member, Mehol K. Sadain, Panel Member, Zenonida Brosas, Panel Consultant; For the MILF: Mohagher Iqbal, MILF Panel Chairperson, Datu Michael Mastura, Panel Member, Maulana "Bobby" Alonto, Panel Member, Abhould Syed Lingga, Panel Member, Abdulla Camlian, Panel Member
Third parties
Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator; Signed in the Presence of: Teresita Quintos-Deles, Presidential Adviser on the Peace Process, Al Haj Murad Ebrahim, Chair of MILF, Benigno Simeon Aquino III, President of the Republic of the Philippines, Dato' Sri Hj. Mohd Najib Bin Tun Hj. Abdul Razak, Prime Minister of Malaysia
Description
The Comprehensive Agreement on the Bangsamoro underlines the overall peace process between the GPH and the MILF. The Parties acknowledge the various roles of the international community and civil society that provided support throughout the process, list the integral agreements of the process, and providde principles of implementation that will be pursued for the agreements. Previous agreements (see 'Other agreements section) constitute integral parts of this Comprehensive Agreement but are coded as separate agreements.

Agreement document
PH_140327_CAB.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
Rhetorical
Page 1, Untitled Introduction
Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.
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

State definition
Nature of state (general)
Page 4, Principles of Implementation
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representatives of the diversity of the populace, and accountable to the communities therein.
Self determination
Page 1, Untitled Introduction
Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Governance

Political institutions (new or reformed)
Temporary new institutions
Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
8. Annex on Transitional Arrangements and Modalities signed on 27 February 2013 in Kuala Lumpur, Malaysia

Page 3, Acknowledgement
The Parties express their gratitude to the very important role of: [...] They [The parties] also commend the Bangsamoro Transition Commission as they earnestly work towards completing the draft Bangsamoro Basic Law.

Page 4, Principles of Implementation
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representatives of the diversity of the populace, and accountable to the communities therein.

Page 4, Principles of Implementation
The mechanisms and modalities for the actual implementation of this Comprehensive Agreement on the Bangsamoro, including the ratification of the Bangsamoro Basic Law pursuant to Article V. Territory of the Framework Agreement on the Bangsamoro , are spelled out herein. The Parties shall mutually take steps for its full implementation leading to the establishment of the Bangsmoro Transition Authority and the regular Bangsamoro Government, the gradual normalization of the previously conflict-affected areas and their transformation into peaceful and progressive communities. The Parties commit to faithfully abide by, honor, respect, implement, and entrench these agreements, and nurture the integrity of the whole peace process.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 3, Acknowledgement
The Parties express their gratitude to the very important role of: [...] They [The parties] also commend the Bangsamoro Transition Commission as they earnestly work towards completing the draft Bangsamoro Basic Law.


Page 4, Principles of Implementation
The mechanisms and modalities for the actual implementation of this Comprehensive Agreement on the Bangsamoro, including the ratification of the Bangsamoro Basic Law pursuant to Article V. Territory of the Framework Agreement on the Bangsamoro , are spelled out herein. The Parties shall mutually take steps for its full implementation leading to the establishment of the Bangsmoro Transition Authority and the regular Bangsamoro Government, the gradual normalization of the previously conflict-affected areas and their transformation into peaceful and progressive communities. The Parties commit to faithfully abide by, honor, respect, implement, and entrench these agreements, and nurture the integrity of the whole peace process.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 3, Acknowledgement
The Parties express their gratitude to the very important role of:
2. The International Contact group composed of [...] The International Contact Group composed of Japan, Saudi Arabia, Turkey, they United Kingdom, Center for Humanitarian Dialogue, Community of San'Egidio, Conciliation Resources, Muhammadiyah, and the Asia Foundation

Page 3, Acknowledgement
The Parties express their gratitude to the very important role of:
3. Members of IMT, namely, Brunei, Indonesia, Japan, Libya, Norway and the European Union; and its Civilian Protection Component composed of the Mindanao Human Rights Action Center, Mindanao People's Caucus, Moslem Organization of Government Officials and Proffessionals, and Nonviolent Peaceforce

Page 3, Acknowledgement
The Parties express their gratitude to the very important role of:
5. The Third Party Monitoring Team chaired by an eminent person from EU, with members from The Asia Foundation and the Turkish Humanitarian Relief Foundation, and two leaders of local civil society organizations

Page 3, Acknowledgement
The Parties express their gratitude to the very important role of:
[...] The Parties also thank the international community and local and national civil society organizations for the steadfast support that they have extended to the peace process in their different capacities.

Page 4, Principles of Implementation
Both parties pledge to continue to conduct multisectoral dialogues and consultations, take into account the concerns of the stakeholders, generate broad-based support, and ensure wide participation in the various mechanisms and processes that shall be instituted.

Page 4, Principles of Implementation
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representatives of the diversity of the populace, and accountable to the communities therein.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
State level
Summary: Implements previous agreements, notably Annex on Power Sharing (23 December 2013).
Territorial power sharing
Autonomous regions
Summary: The agreement incorporates earlier agreements which provide in detail for Autonomy for Bangsamoro, see below.

Page 1, Untitled Introduction
Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
6. GPH-MILF Decision Point on Principles as of April 2012 signed on 24 April 2012 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
7. Framework Agreement on the Bangsamoro initialed on 12 October 2012 in Kuala Lumpur, Malaysia and signed on 15 October 2012 in Manila, Philippines

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
8. Annex on Transitional Arrangements and Modalities signed on 27 February 2013 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
10. Annex on Power Sharing signed on 8 December 2013 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
11. Annex on Normalization signed on 25 January 2014 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
12. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation signe don 25 January 2014 in Kuala Lumpur, Malaysia

Page 2, The Agreements - [...] Supplementary to the CAB are the various agreements, guidelines, terms of reference, and joint statements duly signed and acknowledge by the Parties in the course of the negotiations between the two Parties beginning in 1997. The Parties commit to honor, respect, and implement all these past agreements and supplementary documents signed by them and as further elaborate in the Framework Agreement on the Bangsamoro and its Annexes.
Economic power sharing
Sharing of resources
Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
12. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation signe don 25 January 2014 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
9. Annex on Revenue Generation and Wealth Sharing signed on 13 July 2013 in Kuala Lumpur, Malaysia
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Untitled Introduction
This Comprehensive Agreement is a product of the pursuit for a solution to the Bangsamoro Question with honer, justice, and dignity for all concerned. It ends the armed hostilities between the two Parties and provides for the negotiated political settlement of the Bangsamoro Question, thereby ending the armed conflict between the GPH and the MILF, and promoting peace and stability in this part of the world.

Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.

Page 4, Principles of Implementation
The Parties acknowledge the identity and legitimate grievances of the Bangsamoro. In the same vein, they affirm the commitment to mutually respect the right to one's identity and the parity of esteem of everyone in the political community.

Page 4, Principles of Implementation
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representatives of the diversity of the populace, and accountable to the communities therein.
Equality
Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.
Democracy
Page 1, Untitled Introduction
Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Page 4, Principles of Implementation
Working with other groups and sectors, the two Parties shall ensure the establishment of a new Bangsamoro political entity that will protect individual and collective rights, and be truly democratic, representatives of the diversity of the populace, and accountable to the communities therein.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
Thought, opinion, conscience and religion
Page 4, Principles of Implementation
The Parties acknowledge the identity and legitimate grievances of the Bangsamoro. In the same vein, they affirm the commitment to mutually respect the right to one's identity and the parity of esteem of everyone in the political community.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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 development
Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
12. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation signe don 25 January 2014 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
9. Annex on Revenue Generation and Wealth Sharing signed on 13 July 2013 in Kuala Lumpur, Malaysia

Page 4, Principles of Implementation
The mechanisms and modalities for the actual implementation of this Comprehensive Agreement on the Bangsamoro, including the ratification of the Bangsamoro Basic Law pursuant to Article V. Territory of the Framework Agreement on the Bangsamoro , are spelled out herein. The Parties shall mutually take steps for its full implementation leading to the establishment of the Bangsmoro Transition Authority and the regular Bangsamoro Government, the gradual normalization of the previously conflict-affected areas and their transformation into peaceful and progressive communities. The Parties commit to faithfully abide by, honor, respect, implement, and entrench these agreements, and nurture the integrity of the whole peace process.
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
Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
12. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation signe don 25 January 2014 in Kuala Lumpur, Malaysia

Security sector

Security Guarantees
Page 1, Untitled Introduction
This Comprehensive Agreement is a product of the pursuit for a solution to the Bangsamoro Question with honer, justice, and dignity for all concerned. It ends the armed hostilities between the two Parties and provides for the negotiated political settlement of the Bangsamoro Question, thereby ending the armed conflict between the GPH and the MILF, and promoting peace and stability in this part of the world.

Page 3, Acknowledgement
[...] They acknowledge the crucial role played by the two Parties' Coordinating Committees on Cessation of Hostilities and the Ad-Hoc Joint Action Group in preventing hostilities, supporting the efforts to keep the peace on the ground, and maintaining an environment conducive to continuing negotiations.
Ceasefire
General commitments
Page 1, Untitled Introduction
This Comprehensive Agreement is a product of the pursuit for a solution to the Bangsamoro Question with honer, justice, and dignity for all concerned. It ends the armed hostilities between the two Parties and provides for the negotiated political settlement of the Bangsamoro Question, thereby ending the armed conflict between the GPH and the MILF, and promoting peace and stability in this part of the world.

Page 1, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement;
1. Agreement for the General Cessation of Hostilities signed on 18 July 1997 in Cagayan de Oro City, Philippines

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement
2. General Framework on Intent between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on 27 August 1998 in Sultan Kudarat, Maguindanao, Philippines

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
3. Agreement on the General Framework on the Resumption of Peace Talks signed on 24 March 2001 in Kuala Lumpur, Malaysia

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
4. Agreement on Peace between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on 22 June 2001 in Tripoli, Libya

Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
5. Declaration on Continuity for Peace Negotiations between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front signed on 3 June 2010 in Kuala Lumpur, Malaysia

Page 3, Acknowledgement
[...] They acknowledge the crucial role played by the two Parties' Coordinating Committees on Cessation of Hostilities and the Ad-Hoc Joint Action Group in preventing hostilities, supporting the efforts to keep the peace on the ground, and maintaining an environment conducive to continuing negotiations.
Police
Page 2, The Agreements - The following agreements between the Parties appended hereto constitute integral parts of this Comprehensive Agreement:
11. Annex on Normalization signed 25 January 2014 in Kuala Lumpur, Malaysia

Page 3, Acknowledgement
The Parties express their gratitude to the very important role of:
6. The Independent Commission on Policing composed of international experts from Canada, Australia, Japan and local experts selected by the Parties.
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
Page 1, Untitled Introduction
The Parties acknowledge their responsibilities to uphold the principles of justice. They commit to protect and enhance the right of the Bangsamoro people and other inhabitants in the Bangsamoro to human dignity; reduce social, economic and political inequalities; correct historical injustice committed against the Bangsamoro; and remove cultural inequities through the agreed modalities aimed at equitably diffusing wealth and political power for the common good.
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
Witnessed by: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysain Facilitator;
Signed in the Presence of: Dato' Sri Hj. Mohd Najib Bin Tun Hj. Abdul Razak, Prime Minister of Malaysia
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh