primer on the bangsamoro waters and zones of joint cooperation

8/12/2019 Primer on the Bangsamoro Waters and Zones of Joint Cooperation

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PRIMER ON THE BANGSAMORO WATERS AND

ZONES OF JOINT COOPERATIONADDENDUM 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 different 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 fishery laws and grant

of fishery 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 enjoyedby local government units (LGUs) unless altered, modified, 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 fisheries and marine

development, environmental protection, and enhancement of the movement of

vessels, goods, and people.

The cooperation and coordination between the Central Government and theBangsamoro 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 fishing grounds, b) creating opportunities for benefitting

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

classification 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 fishers in the Bangsamoro shall have preferential rights over fishery,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 diffusion of wealth

and political power for the common good.

The grant of preferential rights to these specific groups of people gives life to these

constitutional guarantees.

Q: Can fishermen who are not residents of the Bangsamoro still freely fish in the

Bangsamoro waters?

Yes. Bangsamoro Waters as part of the territorial waters of the Philippines remain

available to all Filipino citizens for fishing 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 affect 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 theterritorial sea of the Philippines, as defined in the UNCLOS. As such, all rights and

obligations of the country with respect to these areas are retained.



FRAMEWORK AGREEMENT ON THE BANGSAMOROSigned 15 October 2012

ANNEX ON TRANSITIONALMODALITIES AND

ARRANGEMENTSSigned 27 February 2013

Roadmap attached

ANNEX ON REVENUEGENERATION AND WEALTH

SHARINGSigned 13 July 2013

Components:

• Revenue Generation

• Wealth Sharing

• Fiscal Administration

ANNEX ON POWER SHARINGSigned 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 NORMALIZATIONSigned 25 January 2014

Components:

ADDENDUM ON BANGSAMORO WATERSSigned 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

• Confidence-building measures



20142012 - 2013

ROADMAP TO THE BANGSAMORO POLITICAL ENTITY

F

R

A

M

E

W

O

R

K

A

GR

E

E

M

E

N

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FAB signed

on October

15, 2012

GPH & MILF

Panels

Joint NormalizationCommittee

Law drafted &

submitted

Congress

deliberates

• President certifes

as urgentIf 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 Annexesto the FAB

Advocates campaign for



O F F

I C E

O F T

H E

P R E

S I D E N

T I A L ADV I S E R O N T H

E P E A C

E P R O C E S S

* O P A P P *

For inquiries, you may contact us at:

[email protected]

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

primer on the bangsamoro waters and zones of joint cooperation

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