Consensus Points on the Strand on Governance of the Ancestral Domain Aspect at TWG level

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Country/entity
Philippines
Mindanao
Region
Asia and Pacific
Asia and Pacific
Agreement name
Consensus Points on the Strand on Governance of the Ancestral Domain Aspect at TWG level
Date
16 Sep 2005
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Philippine Insurgencies (1968 - ) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Philippines - Mindanao process
Parties
Prof. Rudy B. Rodil, GRP-TWG Chairman;
Atty. Musib Buat, MILF-TWG Chairm
Third parties
-
Description
Agreement according competences to the Bangsamoro juridical entity, committing to a transitional period for institution building and providing that details of certain competencies will be further specified in a comprehensive compact.

Agreement document
PH_050916_Consensus Points on Governance of Ancestral Domain.pdf | 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 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.

Page 1, 2. On Item 3, the Parties reaffirm popular consultation leading to a referendum as the modality to determine the future political status of the Bangsamoro people. The details of the implementation of this modality shall be contained in the comprehensive compact.
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)
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
Page 1, 2. On Item 3, the Parties reaffirm popular consultation leading to a referendum as the modality to determine the future political status of the Bangsamoro people. The details of the implementation of this modality shall be contained in the comprehensive compact.
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)→General references
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1, 8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.

Page 2, 9. The Parties agree to the establishment of a constitutional commission tasked to write the organic charter of the Bangsamoro juridical entity, the modalities of which shall be specified in the comprehensive compact.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, 3. The Parties agree to a transition period for institution building simultaneous with the transfer of power of governance to the Bangsamoro juridical entity prior to the determination of the formal final political status.

Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
Elections
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.

Page 1, 8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.
Constitution
Governance→Constitution→Constitutional reform/making
Page 2, 9. The Parties agree to the establishment of a constitutional commission tasked to write the organic charter of the Bangsamoro juridical entity, the modalities of which shall be specified in the comprehensive compact.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
Power sharing→Territorial power sharing→Autonomous regions
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.

Page 1, 3. The Parties agree to a transition period for institution building simultaneous with the transfer of power of governance to the Bangsamoro juridical entity prior to the determination of the formal final political status.

Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.

Page 1, 6. On Item 6, the Parties agree to empower the Bangsamoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments. The grant of authority to the Bangsamoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.

Page 1, 8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.

Page 1, 7. The Parties agree on the establishment and entrenchment of government institutions in the Bangsamoro homeland during the transition period with defined executive, legislative, and judicial powers and functions. The contents and scope will be subject to further discussion by the Panels and provided for in the comprehensive compact.

Page 2, 9. The Parties agree to the establishment of a constitutional commission tasked to write the organic charter of the Bangsamoro juridical entity, the modalities of which shall be specified in the comprehensive compact.
Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
Page 1, 8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.
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
Human rights and equality→Civil and political rights→Freedom of association
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.
Socio-economic rights
Human rights and equality→Socio-economic rights→Property
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.
Human rights and equality→Socio-economic rights→Cultural life
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.

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
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
Prisons and detention
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
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, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.

Page 1, 6. On Item 6, the Parties agree to empower the Bangsamoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments. The grant of authority to the Bangsamoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.

Page 1, 8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services. Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.
National economic plan
No specific mention.
Natural resources
Page 1, 1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.
International funds
No specific mention.
Business
No specific mention.
Taxation
Socio-economic reconstruction→Taxation→Reform of taxation
Page 1, 6. On Item 6, the Parties agree to empower the Bangsamoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments. The grant of authority to the Bangsamoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.
Banks
Socio-economic reconstruction→Banks→Personal or commercial banking
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
Socio-economic reconstruction→Banks→International finance
Page 1, 6. On Item 6, the Parties agree to empower the Bangsamoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments. The grant of authority to the Bangsamoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.

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 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
Ceasefire
No specific mention.
Police
Page 1, 4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact. The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.
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
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
Page 1, 5. The Parties agree to invite a multinational 3rd party to monitor the actual implementation of the comprehensive compact.

Page 2, 10. Details of the implementation of these consensus points shall be contained in the comprehensive compact.
Related cases
No specific mention.
Source
GRP-MILF Peace Process: Compilation of Signed Agreements & other related Documents (1997-2010); (MILF Peace Panel/Asia Foundation, 2010), pp. 152-153.

CONSENSUS POINTS ON THE STRAND ON GOVERNANCE OF THE ANCESTRAL DOMAIN ASPECTS OF THE TRIPOLI AGREEMENT ON PEACE OF 2001

1. On Item 2 of the MILF position paper on Governance, the Parties agree that the entrenchment of the Bangsamoro homeland as a territorial space aims to security the identity and posterity of the Bangsamoro people, protect their proprietary rights and resources and 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 people.

2. On Item 3, the Parties reaffirm popular consultation leading to a referendum as the modality to determine the future political status of the Bangsamoro people.

The details of the implementation of this modality shall be contained in the comprehensive compact.

3. The Parties agree to a transition period for institution building simultaneous with the transfer of power of governance to the Bangsamoro juridical entity prior to the determination of the formal final political status.

4. The details on the structure of governance during the transition period of five (5) years or as mutually agreed for institution building shall be embodied in the comprehensive compact.

The Parties agree that the Bangsamoro juridical entity shall be empowered to build, develop and maintain institutions (such as civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions) necessary for developing a progressive Bangsamoro society.

5. The Parties agree to invite a multinational 3rd party to monitor the actual implementation of the comprehensive compact.

6. On Item 6, the Parties agree to empower the Bangsamoro juridical entity to legislate and administer revenue-generating measures through taxation, public borrowings (foreign and domestic), licensing and income from government investments.

The grant of authority to the Bangsamoro juridical entity in creating its own tax base, rates, customs duties and collections shall be provided in the comprehensive compact.

7. The Parties agree on the establishment and entrenchment of government institutions in the Bangsamoro homeland during the transition period with defined executive, legislative, and judicial powers and functions.

The contents and scope will be subject to further discussion by the Panels and provided for in the comprehensive compact.

8. The Parties agree that the Bangsamoro juridical entity should be provided powers over budgeting and allocation of funds for governmental functions, development and public services.

Such powers, which will be spelled out in detail in the comprehensive compact, will include financial control for government accounting and auditing systems and standards suitable to the Bangsamoro juridical entity.

9. The Parties agree to the establishment of a constitutional commission tasked to write the organic charter of the Bangsamoro juridical entity, the modalities of which shall be specified in the comprehensive compact.

10. Details of the implementation of these consensus points shall be contained in the comprehensive compact.

For the GRP:

PROF.

RUDY B. RODIL

GRP-TWG Chairman

For the MILF

ATTY.

MUSIB BUAT

MILF-TWG Chairman