On the aspect of cooperation, Article 88 of the
Rome Statute states that we should ensure that
there are procedures under national law for all the
forms of cooperation under the Rome Statute which
includes the request for surrender, arresl request
for investigation and gathering the evidence. The
technical group is conducting right now an analysis
of the existing cooperation provisions of different
jurisdictions. We are now trying to tackle the issue
of whether that cooperation agreement should be
in jurisdiction or in extra-judicial form, which means
whether we would have to resort to Philippine courls
or whether Philippine courts would not be necessary.
That is still an issue for resolution by the group,
hopefully this weeK Lastly, we hope to finalize the
amendatory bill which also embodied the cooperation
provisions by the 1st quarter of next year. And this
will be open for the scrutiny of the public and for any
criticisms; we hope to have it flnalized and reviewed
by our peers.
The IHL Peace Process
Focused on the Banqsamoro
Framework Agreeme"nt
USec. Maria Cleofe "Gettie" Sandoval
Office of the Presidential Adviser
on the Peace Process (OPAPP)
My task this morning is to provide everyone a quick
background and general explanation on the recently
signed Framework Agreement on the Bangsamoro
the 15th of October this yea;
after a series of exploratory negotiations that began
in 1997. For this Administration this concluded the
18 meetings all held in Kuala Lumpurwith Malaysia
as the facilitator. The document contains a political
settlement between two parties, the Covernment of
the Republic of the Philippines or the CPH and the
(FAB). This was signed on
Moro lslamic Liberation Front
The Framework Agreement on Bangsamoro, as
a negotiated settlemenl as a political settlement
necessarily contains the agreed parameters and
the conditions set forth by the two parties. lt sets
a road map, a guideline on how a transition from
the current ARMM to a Bangsamoro will be made.
Lastly, it creates a new political autonomous entity
called the Bangsamoro which is intended
to
replace
the autonomous region of Muslim Mindanao.
The
Bangsamoro Covernment as the framework contains
will be ministerial in form. This means that there will
be political parties elected, and political parties will
choose their leaders who will seat in the Assembly.
Of course the assembly will be under the supervision
of the President of the Philippines.
The relationship of this Covernment with the Central
Covernment and with the other local government
units will be asymmetrical in nature. This means
there will be a relationship between the Central
Covernment and the Bangsamoro as contained in
Article 10 of the Constitution as well as with other
local governments units, municipalities, cities and
barangays.
The agreemenf likewise, identifies or deflnes the
identity of the Bangsamoro, as well as the core territory
that is proposed to be covered by the Bangsamoro.
The identity as deflned in the FAB refers to those
who at the time of conquest and colonization
were considered natives or original inhabitants in
Mindanao and Sulu archipelago, and its adjacent
islands, including Palawan, the descendants of these
natives or original inhabitants whether mixed or full
blood as well as their spouses and descendants.
Itaguyod ang IHL: Sibilyan Pangalagaan