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

Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Agreement name
Annex on Power-Sharing to the Framework Agreement on the Bangsamoro (FAB)
Date
08/12/2013
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
Framework/substantive - partial (Core issue)
Conflict nature
Government/territory
Peace process
97: Philippines - Mindanao process
Parties
For the GPH: Prof. Miriam Coronel-Ferrer, GPH Panel Chair; For the MILF: Mohagher Iqbal, MILF Panel Chair
Third parties
Signed in the presence of: Tengku Dato' Ab Ghafar Tengku Mohamed, Malaysian Facilitator
Description
Annex on Powering Sharing forms part of the Framework Agreement on the Bangsamoro (FAB), which delineates powers at different levels. Part one of this Annex stipulates the intergovernmental relations between the Central Government and the Bangsamoro Government, part two provides for the structure of the Bangsamoro Government, part three defines the delineation of reserved, concurrent, and exclusive powers of the Bangsamoro Government, and part four provides for other matters that pertain to the power sharing.

Agreement document
PH_131208_Annex on Power Sharing to FAB.pdf

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

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

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

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

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

Women, girls and gender

Participation
Gender quotas
Page 4, Part Two: Governance Structure
7. There shall be a Bangsamoro council of leaders composed of the Chief Minister, provincial governors, mayors of chartered cities, and a representative each of the non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro council of leaders shall be chaired by the Chief Minister;
Effective participation
Page 3, Part Two: Governance Structure
2. The Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors. The Bangsamoro Basic Law shall ensure that representation in the assembly reflects the diversity of the Bangsamoro;
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
Infrastructure (general)
Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
55. Establishment of appropriate mechanisms for consultations for women and marginalized sectors;
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
General
Page 10, Part Three: Delineation of Powers
III. The Bangsamoro Government shall have exclusive powers that it exercises within its territorial jurisdiction, over the following matters:
56. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh