PRIMER 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
FREQUENTLY ASKED QUESTIONS ON THE BANGSAMORO WATERS
AND ZONES OF JOINT COOPERATION
Q: What are Bangsamoro Waters? How are they diferent from municipal waters?
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.
Municipal waters extend up to 15 kilometers from the coasts. Municipal waters are
therefore part of the Bangsamoro Waters.
Q: Will the creation of Bangsamoro Waters diminish the rights of municipalities
over their municipal waters?
Municipalities will continue to exercise the devolved powers and responsibilities
provided to them by law. The Local Government Code grants certain authorities to
municipalities over municipal waters such as enforcement of fshery laws and grant
of fshery privileges.
The rights of municipalities that are part of the Bangsamoro over their respective
municipal waters are safeguarded by the provisions in the Framework Agreement on
the Bangsamoro (FAB). The FAB guarantees non-diminution of the privileges enjoyed
by local government units (LGUs) unless altered, modifed, or reformed for good
governance and pursuant to a Bangsamoro local government code that the future
Bangsamoro assembly may pass.
Q: What will happen to the waters of LGUs that are outside the Bangsamoro but
are contiguous to the Bangsamoro Waters?
The Addendum on the matter of the Bangsamoro Waters and Zones of Joint
Cooperation provides that when there are thirty (30) kilometers or less of waters
between the coasts of two municipalities, one of which is part of the Bangsamoro
territory and the other is not, a line shall be drawn equally distant between the two
coasts to delineate the extent of the municipal waters and the Bangsamoro Waters.
However, should the distance between the two coasts be more than thirty (30)
kilometers but less than 37.224 kilometers (or 22.224 kilometers plus 15 kilometers),
then the demarcation shall be on the edge of the municipal waters to distinguish it
from the Bangsamoro Waters.
As the map shows, neighboring LGUs that are outside the proposed Bangsamoro
core territory retain the existing coverage of their municipal waters. If these overlap
with the municipal waters of a municipality that is part of the Bangsamoro political
entity, then the equidistant rule applies.
Q: What are Zones of Joint Cooperation?
Zones of Joint Cooperation are the bodies of water, particularly the Sulu Sea and
the Moro Gulf, which are also within the territorial sea of the Philippines and are not
part of the Bangsamoro territory. In these areas, the Bangsamoro Government and
the Central Government shall cooperate on matters such as fsheries and marine
development, environmental protection, and enhancement of the movement of
vessels, goods, and people.
The cooperation and coordination between the Central Government and the
Bangsamoro Government within the Zones of Joint Cooperation shall be maintained
through the joint body and the other intergovernmental relations mechanisms.
Q: Why do we need to have these Zones of Joint Cooperation?
These zones are established for the purpose of a) protection of indigenous
communities traditional fshing grounds, b) creating opportunities for beneftting
from resources, and c) interconnectivity of the islands and the mainland parts of a
cohesive Bangsamoro political entity.
Q: What are the wealth-sharing and power-sharing arrangements between the
Central Government and the Bangsamoro Government within the Bangsamoro
Waters? What about within the Zones of Joint Cooperation?
The same wealth-sharing and power-sharing arrangements as those to be
exercised by the Bangsamoro Government in the provinces and cities that comprise
the autonomous region shall apply in the Bangsamoro Waters. Therefore, the
classifcation of powers into reserved, concurrent, and exclusive will also apply. The
Central Government retains its reserved powers over defense and external security,
foreign policy, immigration, common market and global trade, among others.
The Bangsamoro Basic Law (BBL) shall provide the details on how to operationalize the
exercise of joint cooperation between the Central Government and the Bangsamoro
Government within the Zones of Joint Cooperation. All local governments along the
Sulu and the Moro Gulf will be represented in the joint body that will be created for
this purpose.
Q: What wealth-sharing arrangements shall apply should oil, gas or other fossil
fuels be found in the Bangsamoro Waters and the Zones of Joint Cooperation?
Within the Bangsamoro Waters, the Annex on Wealth Sharing provision on a 50-50
sharing scheme on government revenues from fossil fuels shall apply.
As for the Zones of Joint Cooperation, the Central Government and the Bangsamoro
Government shall cooperate and coordinate through the intergovernmental
relations mechanism to determine the sharing of income and revenues derived from
the exploration, development, and utilization of non-living resources.
Q: Who are given preferential rights in the Zones of Joint Cooperation and why?
The Bangsamoro people, other indigenous peoples in adjoining provinces, and
the resident fshers in the Bangsamoro shall have preferential rights over fshery,
aquamarine, and other living resources in the Zones of Joint Cooperation.
The Constitution, in Article XII (National Economy and Patrimony) states that the
purpose of the national economy is a more equitable distribution of opportunities,
income, and wealth. In Article XIII (Social Justice and Human Rights) Congress
is enjoined to enact measures that will reduce social, economic, and political
inequalities and remove cultural inequities through the equitable difusion of wealth
and political power for the common good.
The grant of preferential rights to these specifc groups of people gives life to these
constitutional guarantees.
Q: Can fshermen who are not residents of the Bangsamoro still freely fsh in the
Bangsamoro waters?
Yes. Bangsamoro Waters as part of the territorial waters of the Philippines remain
available to all Filipino citizens for fshing subject only to regulation by the
Bangsamoro Government and the respective local governments with respect to their
municipal waters.
Q: Will the Bangsamoro Waters and Zones of Joint Cooperation reduce the
territorial sea of the Republic of the Philippines? Will their creation afect the
Philippines rights and obligations under the UN Convention on the Law of the
Sea (UNCLOS)?
No. Bangsamoro Waters and the Zones of Joint Cooperation remain part of the
territorial sea of the Philippines, as defned in the UNCLOS. As such, all rights and
obligations of the country with respect to these areas are retained.
FRAMEWORK AGREEMENT ON THE BANGSAMORO
Signed 15 October 2012
ANNEX ON TRANSITIONAL
MODALITIES AND
ARRANGEMENTS
Signed 27 February 2013
Roadmap attached
ANNEX ON REVENUE
GENERATION AND WEALTH
SHARING
Signed 13 July 2013
Components:
Revenue Generation
Wealth Sharing
Fiscal Administration
ANNEX ON POWER SHARING
Signed 8 December 2013
Components:
Principles of Intergovernmental
Relations
Government Structure
Delineation of Powers under the
three lists of powers--reserved,
concurrent, and shared
Other Matters
ANNEX ON NORMALIZATION
Signed 25 January 2014
Components:
ADDENDUM ON BANGSAMORO WATERS
Signed 25 January 2014
COMPREHENSIVE AGREEMENT
Policing
Transitional Components of
Normalization
Decommissioning
Redeployment of the AFP
UXOs and Landmines
Disbanding of Private Armed Groups
(PAGs)
Socio-Economic Development Program
Transitional Justice and Reconciliation
Confdence-building measures
2014 2012 - 2013
ROADMAP TO THE BANGSAMORO POLITICAL ENTITY
F
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FAB signed
on October
15, 2012
GPH & MILF
Panels
Joint Normalization
Committee
Law drafted &
submitted
Congress
deliberates
President certifes
as urgent
If needed
Propose Constitutional
Ammendments
Assist in development
projects
Consultations,
dialogues, etc
Third-Party
Monitoring
Team
E.O. is issued
to create
Bangsamoro
Transition
Commision
Four Annexes
to the FAB
Advocates campaign for passage and ratifcation
Elected
Bangsamoro
Govt
(Ministerial)
2015 2016
Basic Law
passed
Referendum
in proposed
Bangsamoro
territory
TC is
abolished
ARMM
winds up
Bangsamoro Transition
Authority (BTA)
(Interim
Ministerial Govt)
BTA is
dissolved
TPMT,
Panels
dissolved
Advocates campaign for passage and ratifcation
May
2016
vote
Exit
Agreement
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For inquiries, you may contact us at:
gphpanelsecretariat@gmail.com
SMART 0928-661-4981
www.opapp.gov.ph
OPAPP - GPH Peace Negotiating Panel for Talks with the
Moro Islamic Liberation Front (MILF)
Booklet produced on Dec. 16, 2013, Metro Manila