Highlights of MOA between government, MILF

The memorandum of agreement on ancestral domain whose signing today was ordered stopped by the Supreme Court would authorize the so-called Bangsamoro Juridical Entity (BJE) to negotiate directly with foreign governments and set up its own police force.

Aside from expanded territory, the BJE under the MOA will also be given control over natural resources found within 15 kilometers from the shoreline of BJE territories.

Beyond 15 kilometers, control over key resources like oil and minerals will be shared 75-25 between the BJE and the government.

According to the MOA, the core of the BJE covers the present geographic area of the Autonomous Region in Muslim Mindanao, including the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan, and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite.

The MOA said a plebiscite would be held to decide the possible inclusion of 735 barangays in Isabela City in Basilan, Zamboanga City, Zamboanga del Sur, Lanao Norte, North Cotabato, Sultan Kudarat, Zamboanga Sibugay and Palawan.

Under the MOA, the BJE will also establish a system of governance suitable and acceptable to the people under its jurisdiction.

“The parties agree that the BJE shall be empowered to build, develop and maintain its own institutions, inclusive of civil service, electoral, financial and banking, education, legislation, legal, economic, and police and internal security force, judicial system and correctional institutions, necessary for developing a progressive Bangsamoro society, the details of which shall be discussed in the negotiation of the Comprehensive Compact,” the MOA said.

The MOA said the BJE is free to enter into any economic cooperation and trade relations with foreign countries, provided that these alliances will not put the Philippines in conflict with other nations.

“Without prejudice to the right of the Bangsamoro Juridical Entity to enter into agreement and environmental cooperation with any friendly country affecting its jurisdiction, it shall include the option to establish and open Bangsamoro trade missions in foreign countries with which it has economic cooperation agreements and the elements bearing in mind the mutual benefits derived from Philippine archipelagic status and security,” the MOA said.

It also stated that the Philippine government shall “take necessary steps to ensure the BJE’s participation in international meetings and events such as the Association of Southeast Asian Nations and other specialized agencies of the United Nations.”

“This shall entitle the BJE’s participation in Philippine official missions and delegations that are engaged in the negotiation of border agreements and protocols for environmental protection, equitable sharing of incomes and revenues, in the areas of sea, seabed, and inland seas or bodies of water adjacent to or between islands forming part of the ancestral domain, in addition to those of fishing rights,” according to the MOA.