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

  • Country/entity
    Philippines
    Mindanao
  • Region
    Asia and Pacific
    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 - ) )
  • 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.


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