I provide this initial textual analysis in two installments to readers who want to understand the Framework Agreement between the Government of the Philippines ( GPP ) and the Moro Islamic Liberation Front ( MILF ) in a more comprehensive manner. This second instalment covers the terms of the agreement, the Bangsamoro's founding democratic party, its fundamental laws and authority, and profit creation and riches distribution.

 

 

The second installment will focus on the provisons on territory, basic rights, transition and implementation, and normalization ( the code for laying down arms ).

 

 

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Characteristics of partnership. The 2012 Framework Agreement is referred to as the "mother partnership," a strategy that contains a set of values and principles that would guide the way forward with the MILF's ultimate social arrangement. As a result, the facts may be worked out in upcoming agreements between the GPH and the MILF, and the resulting contracts will then be included as annexes to shape important components of this partnership.

 

 

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Largely, the factions have agreed to establish a innovative intelligent democratic object to get known as the Bangsamoro. The use of the word "nation of the Moros" may indicate a tacit refusal to abandon aspirations for democracy, but it must be understood as a reaction to the Bangsamoro people's want for merely tranquility, equal cure for their personality, attitude, and aspirations, not as an claim of self-reliance or secession. Nur Misuari coined the phrase" Bangsamoro," but it only serves as a reflection of the Muslim people's desire to reaffirm their own distinct identity as a people.

 

 

The Bangsamoro. The Bangsamoro did acquire a supervisory form of government in the Agreement ( Art. I, sec. 2 of the Framework Agreement ). Under this set-up, staff may be elected to the council, which will then vote its president called the" key chancellor". This arrangement is said to lessen the Bangsamoro government's overdependence on the central government and prevent the issues that plague the Muslim Mindanao Autonomous Region ( ARMM).

 

 

The ARMM may have provided a significant opportunity for Muslim Mindanao to achieve self-determination and self-governance, but it has been increasingly seen as a haven of corrupt officials. The ARMM's inability to provide basic services is attributed to its excessive dependence on the federal government for funding. The negotiating parties therefore made the decision to replace it entirely with the Bangsamoro. Development funds added another source of corruption to the detriment of the real beneficiaries.

 

 

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The Bangsamoro also has an asymmetrical form, which is a different from the central government's relationship with other local government units. This implies that it is broad enough to include a ministerial form. The government claims that the constitution does not require constitutional amendments because the national and Bangsamoro governments are asymmetrical in nature. However, they do not specify the kind of autonomous government that can be established.

 

 

Basic law and powers of the Bangsamoro. A basic law that Congress must pass and that qualified voters in the affected areas will ratify in a plebiscite will govern the Bangsamoro. This again emphasizes that the Bangsamoro's creation will proceed according to the procedures set forth in the current Constitution.

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We are reminded that the Bangsamoro Juridical Entity ( BJE ) of the MOA-Ad was viewed as a sub-state and considered to be having an associative relationship with the central government, which is strange in light of the current Constitution. The legality of the proposed sub-state as a whole is questioned, however, because the 1987 Constitution specifies an autonomous region rather than a sub-state or a legal entity. Since it envisions a federal system of government, it requires a significant revision of the Constitution that needs to be amended and ratified by the Filipino people.

 

 

The Bangsamoro, on the other hand, will function well within the strictures of the 1987 Constitution. It shall be governed by a statute that Congress will pass, which will continue to exercise non-negotiable authority functions like foreign policy, defense and international security, coinage, citizenship, etc.

 

 

The central government's list of powers is not exclusive because, as provided, the parties may come to terms with additional powers as needed. The State shall continue to decide the policy directions for some crucial administrative areas that the Bangsamoro legislative assembly cannot override.

 

 

As provided under art. In the creation of the Bangsamoro's justice system, nude big boobs bush the Basic Law shall also take into account the customary rights and traditions of indigenous peoples. Muslims are the only ones who will enjoy the benefits ofShari'ah and its application. III, secs. 3-6, the Bangsamoro will have competence over theShari'ah justice system.

 

 

This is in recognition of the multi-ethnic character of the region comprised of the Lumad communities, the Islamized Moros or Bangsamoro, and the settler communities and their descendants. The first two are largely the region's indigenous people, while the latter are largely 20th-century immigrants from Luzon and the Visayas.

 

 

According to the 2000 census, the Lumad, made up of more than 30 ethno-linguistic groups, comprise about 8.9 % of the total Mindanao population, while the combined Bangsamoros ' 13 Islamized ethno-linguistic groups is approximately 18.5 % of the region's inhabitants. Therefore, indigenous conflict resolution mechanisms require the integration of customary laws and the Sharia justice system. The development of a culture-sensitive educational environment will take into account the area's distinct demographics.

 

 

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Based on existing laws, theShari'a courts, created specifically for the effective administration and enforcement of the Code of Muslim Personal Laws, have limited jurisdiction which, according to both parties, needs to be expanded. The Supreme Court's administrative supervision of theShari'a courts shall continue to be a part of the nation's judicial system, it should be noted.

 

 

Revenue generation, wealth sharing. For two reasons, the successful application of this rule is crucial.

 

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First, to prevent a repeat of the ARMM, which was unsuccessful due to the inability of local government to generate significant income from local sources that would benefit its citizens. The ARMM continues to suffer from the negative effects of a patronage system because of its overdependence on the central government, despite having much-evolved powers. According to some estimates, the ARMM only managed to generate about 5 % of its income from local sources, while the rest is made up of money from the government of the country.

 

 

Second, to correct the historical lapses that cause land disputes in the south. An acceptable political solution for the Bangsamoro is to correct what they believe were historical offenses committed against them by Christian-dominated colonial and post-colonial governments and to restore to them the land rights that they have. After everything has been said and done, ultimately, the basic problem that underlies the conflict in Mindanao is control of the land, and by extension, the rich natural resources found therein.

 

 

In the Framework Agreement, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the parties. Additionally, it shall be able to accept block grants and subsidies from the Central Government and donations from both domestic and foreign sources. In accordance with the terms agreed upon by the parties, it will also have a just and equitable share of the revenues generated by the exploration, development, or use of natural resources in all the areas, territories, land, or water that are under the purview of the Bangsamoro.

 

 

Remember that local government units are also given the same powers under the Local Government Code, but in terms of the Bangsamoro, the parties themselves will be able to thrash out the details, such as the revenue sharing formula, subject to the restrictions imposed by the Constitution and current laws.

 

 

The Bangsamoro may establish its own auditing body and procedures for accountability over revenues and other funds that the region receives from outside sources. The Commission on Audit has the authority, authority, and authority to examine, audit, and settle all accounts relating to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs ( or government-owned and controlled corporations ). This local system of accountability may be adopted in addition to the Commission on Audit's exercise of its power, authority, and duty to do so.