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Memorandum of Agreement on Ancestral Domain - Overview

Memorandum of Agreement on Ancestral Domain - Overview

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Published by Elaine Atienza
Memorandum of Agreement on Ancestral Domain - Overview
Memorandum of Agreement on Ancestral Domain - Overview

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Published by: Elaine Atienza on Sep 23, 2011
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07/29/2013

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OVERVIEW OF THE MEMORANDUM OF AGREEMENT ON ANCESTRAL DOMAIN (MOA-AD) 1. Concepts and Principles a. Bangsamoro People i.

Natives or original inhabitants of Mindanao and its adjacent islands at the time of conquest or colonization (includes Palawan and Sulu) Their descendants Their spouses

ii. iii. b.

Bangsamoro homeland i. The ownership of which is vested exclusively in the Bangsamoro people by virtue of their prior rights or occupation. Both parties acknowledge that ancestral domain does not form part of the public domain

ii.

c.

Right to self-governance i. Rooted on ancestral territoriality exercised originally under the suzerain authority of their sultanates Sultanates were described as states or “karajaan/kadatuan” resembling a body politic endowed with all the elements of a nation-state in the modern sense

ii.

d.

“First Nation” i. Bangsamoro people as the First Nation with defined territory and with a system of government having entered into treaties of amity and commerce with foreign nations

e.

Bangsamoro Judicial Entity (BJE) i. Grants the authority and jurisdiction over the Ancestral Domain and Ancestral Lands of the Bangsamoro

2. Territory a. Description: i. Land mass as well as the maritime, terrestrial, fluvial and alluvial domains, including the aerial domain and the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region The core of the includes certain municipalities of Lanao del Norte that voted for inclusion in the RMM in the 2001 plebiscite Other provinces, cities, municipalities and barangays, which are grouped into 2 categories (A and B)

ii.

iii.

iv. BJE to have jurisdiction over all natural resources within its internal waters
(not joint, as opposed to territorial waters; no sharing of minerals)

v. For territorial waters, the BJE and the Central Government shall exercise
joint jurisdiction, authority and management vi. Sharing of minerals on the territorial waters between the Central Government and the BJE, in favor of the latter through production sharing and economic cooperation agreement.

3. Resources a. BJE is free to enter into any economic cooperation and trade relations with foreign countries and shall have the option to establish trade missions in those countries. Not to include aggression against the GRP. BJEs may enter into environmental cooperation agreements. External defense is the duty and obligation of the central government Central government bound to “take necessary steps to ensure the BJE’s participation in international meetings and events (e.g., ASEAN) BJE entitled to participate in Philippine official missions and delegations for the negotiation of border agreements or protocols for environmental protection and equitable sharing of incomes and revenues involving bodies of water adjacent or between the islands forming part of the ancestral domain BJE – right of exploring for, producing and obtaining all potential sources of energy, petroleum, fossil fuel, mineral oil and natural gas, the jurisdiction and control The sharing between the Central Gov’t and the BJE of total prodiction pertaining to natural resources shall be 75:25 in favor of BJE Legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures or their marginalization shall be acknowledged. BJE may modify or cancel forest concessions, timber licenses, contracts or agreements, mining concessions, Mineral Production and Sharing Agreements (MPSA) and other land tenure instruments granted by the Philippine Government including those issued by the present ARMM

b. c. d.

e.

f.

g.

h.

i.

4. Governance a. Comprehensive Compact i. Parties to invite a multinational third-party toobserve and monitor the implementation, to embody the details of effective enforcement and the mechanisms and modalities for the actual implementation of the MOA-AD Participation of the third party shall not affect the status of the relationship between the Central Government and the BJE

ii.

5. Associative relationship between the Central Gov’t and the BJE
a. “associative relationship” i. Characterized by shared authority and responsibility

ii.

Structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the Comprehensive Compact

b.

BJE granted the power to build, develop and maintain its own institutions, inclusive of civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions

MOA-AD OVERVIEW BJE (Bangsamoro Jiuridical Entity) CENTRAL GOVERNMENT Territory Internal waters Territorial waters (joint jurisdiction, Territorial waters (joint jurisdiction, management and authority) management and authority) Minerals in territorial waters (production Minerals in territorial waters (production sharing and economic cooperation sharing and economic cooperation agreement) agreement) Resources free to enter into any economic cooperation with foreign countries External defense take necessary steps to ensure the BJE’s free to enter into any trade relations participation in international meetings with foreign countries and events (e.g., ASEAN) have the option to establish trade missions in those countries. aggression against the GRP not included may enter into environmental cooperation agreements entitled to participate in Philippine official missions and delegations for the negotiation of border agreements or protocols for environmental protection and equitable sharing of incomes and revenues involving bodies of water adjacent or between the islands forming part of the ancestral domain right of exploring for, producing and obtaining all potential sources of energy, petroleum, fossil fuel, mineral oil and natural gas, the jurisdiction and control 75% share in total production pertaining 25% share in total production pertaining to natural resources to natural resources BJE may modify or cancel forest concessions, timber licenses, contracts or agreements, mining concessions, Mineral Production and Sharing Agreements (MPSA) and other land tenure instruments granted by the Philippine Government including those issued by the present ARMM Associative relationship between the Central Gov’t and the BJE

power to build, develop and maintain its own institutions, inclusive of civil service, electoral, financial and banking, education, legislation, legal, economic, police and internal security force, judicial system and correctional institutions

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