Q & A: Annex on Transitional Arrangements and Modalities

ABS-CBN News

Posted at Jan 25 2014 05:14 PM | Updated as of Jan 26 2014 01:45 AM

Here's a summary on the annex on power sharing of the Framework Agreement on the Bangsamoro by the Office of the Presidential Affairs on the Peace Process (OPAPP)

1. What is the Annex on Transitional Arrangements and Modalities?

The Annex on Transitional Arrangements and Modalities (TAM) details the roadmap towards the creation of the Bangsamoro region. This was the first to be signed among the four annexes to the Framework Agreement on the Bangsamoro (FAB). The other three annexes are the following: Revenue Generation and Wealth Sharing, Power Sharing, and Normalization. The FAB, together with these four annexes, will constitute the Comprehensive Agreement.

2. What is the significance of the Annex on Transitional Arrangements and Modalities (TAM) to the establishment of the Bangsamoro?

This Annex lays down the basis of the FAB, the transition process and mechanisms that will guide the establishment of the Bangsamoro.

The TAM identified four bodies that will play significant roles in the establishment of the Bangsamoro region. The four bodies are the following:

Transition Commission (TC)
Bangsamoro Transition Authority (BTA)
Third Party Monitoring Team (TPMT)
Joint Normalization Committee (JNC)

3. How will we get from the ARMM to the Bangsamoro political entity?

The roadmap starts with the creation of the Transition Commission (TC) whose main task is to draft the Bangsamoro Basic Law (BBL). Once drafted, the BBL will be submitted to the President, who, in turn, will certify it as an urgent bill and submit it to the Congress.

Once the BBL is enacted by Congress, it will undergo ratification by the qualified voters in the Bangsamoro core territory as identified in the Part V, Paragraph 1 of the FAB. The BBL will provide for the repeal of Republic Act 9054, and the creation of the Bangsamoro Transition Authority (BTA)--the body that will serve as the temporary mechanism for the leadership in the Bangsamoro during the transition process.

The BTA shall perform its function as the interim Bangsamoro Government until the duly elected officials of the Bangsamoro Government assume their posts in 2016.

4. How will the geographic coverage of the Bangsamoro be determined?

The results of the plebiscite on the BBL will determine the geographical scope of the Bangsamoro. In effect, the people will decide whether they will join the Bangsamoro or not.

Qualified voters in the Bangsamoro core territory as identified in the Part V, Paragraph 1 of the FAB will participate in the plebiscite.

The Panels shall request the COMELEC to conduct a special registration before the date of the plebiscite on the BBL. The Parties shall also undertake measures to ensure the wide participation in the plebiscite of the people in the core territory of the Bangsamoro as well as confirm the fact of ratification of the promulgation of the BBL.

The Parties agree to the creation of a robust international-domestic monitoring body that will monitor the conduct of the plebiscite. The reports of the monitoring body shall be made available to the Panels for their disposition.

The plebiscite will be held in the envisioned core territory of the Bangsamoro, namely, the current ARMM provinces and Marawi City; the cities of Cotabato and Isabela; the six municipalities in Lanao del Norte that voted for inclusion in the ARMM in the 2001 plebiscite (Baloi, Munai, Pantar, Nunungan, Tagaloan, Tangkal); and the barangays in six municipalities of North Cotabato province that likewise voted for inclusion in 2001 (Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap). Other contiguous areas where there is a resolution for inclusion from the local government unit or a petition of at least 10 percent of the qualified voters may also join the requisite plebiscite.

The present geographical area of the ARMM:

Isabela City
Cotabato City
The six Municipalities of Baloi, Munai, Pantar, Nunungan, Tagaloan, and Tangkal in the province of Lanao del Norte and 39 barangays located in six municapalities in the province of North Cotabato that voted for inclusion in the ARMM in the 2001 plebiscite.
39 barangays located in six municapalities in the province of North Cotabato that voted for inclusion in the ARMM in the 2001 plebiscite:
Municipality of Aleosan: Dunguan, Lower Mingading, Tapodoc (3)
Municipality of Carmen: Nasapian, Manarapan (2)
Municipality of Kabacan: Nangaan, Sanggadong, Simbuhay (3)
Municipality of Mindsayap: Damatulan, Kadigasan, Kadinglian, Kapinpilan, Kudarangan, Central Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, Tugal (12)
Municipality of Pigkawayan: Balacayon, Buricain, Datu Binasing, Kadingilan, Lower Baguer, Lower Pangangkalan, Matilac, Patot (8)
Municipality of Pikit: Bagoinged (Bagoaingud), Balatican, Balong, Balungis, Batulawan, Buliok, Gokoton (Gokotan), Kabasalan, Lagunde, Macabual, Macasendeg (11)
All other contiguous areas where there is a resolution of the local government unit or a petition of at least 10 percent of the qualified voters in the area may ask for their inclusion in the plebiscite, at least two months prior to its conduct, for the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro.

5. What will happen to the abolished ARMM Regional Government once the Bangsamoro Basic Law (BBL) is ratified?

The ARMM shall be abolished along with all elective positions. There shall be a Bangsamoro Transition Authority (BTA) that will function as the interim ministerial government in the Bangsamoro.

Local governments and local government officials will stay in place. Civil servants with tenure shall remain with the government; they will not lose their jobs.

6. Who will compose the Bangsamoro Transition Authority (BTA) and define their powers and responsibilities? How long will the BTA exist?

The BTA shall exercise governance functions devolved to the Bangsamoro in accordance with the BBL. It shall set up the institutions and mechanisms necessary to establish the Bangsamoro ministerial government.

The BTA, which will be led by MILF but also composed of other sectors of Bangsamoro, will be appointed by the President.

It shall perform its function as the interim Bangsamoro Government until the duly elected officials of the Bangsamoro Government are sworn into office in 2016.

7. How can we ensure that the ministerial government will provide representation to all peoples in Bangsamoro?

The BBL shall provide for a new redistricting or other modalities of ensuring more equitable representation of the constituencies in the Bangsamoro Assembly.

It can introduce sectoral representation or other forms of proportional representation to allow for different groups and sectors to be represented in the legislative body.

8. Will the Transition Commission (TC) necessarily propose amendments to the Philippine Constitution?

The President has committed to support the passage of the Bangsamoro Basic Law through regular legislative action.

However, consistent with the right of any citizen or group of citizens and the procedures provided by the Constitution, the TC may work on proposals for constitutional reform.

9. What is the role of the Third Party Monitoring Team (TPMT)?

The Third Party Monitoring Team (TPMT) is an independent body composed of five representatives, including the chair, from international bodies and domestic groups. Their task is mainly to monitor the implementation of all agreements by the Parties.

The MILF and GPH Panels signed the Terms of Reference of the TMPT on January 25, 2013 during their 35th Formal Exploratory Talks.

10. What is the role of the Joint Normalization Committee (JNC)?

The JNC shall be created to ensure the coordination between the government and remaining MILF forces during the transition phase.

Other bodies supporting the work of the JNC shall be defined in the Annex on Normalization.

11. When and how will the peace negotiations between GPH and MILF be concluded?

To put a proper conclusion of the peace negotiations, the negotiating panels of the GPH and the MILF, together with the Malaysian Facilitator and TPMT, shall convene a meeting to review, assess, or evaluate the implementation of all agreements and the progress of the transition.

An Exit Document officially terminating the peace negotiation will be crafted and signed by the Parties if and only when all agreements have been fully implemented.

- See more at: http://www.opapp.gov.ph/milf/news/faqs-transitional-arrangements-and-modalities-annex#sthash.K35Jwvj0.dpuf