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Border Crossing Agreement Indonesia-Philippines

The area surrounding the border between the countries was the site of illegal activities such as kidnapping, smuggling, terrorism and piracy. [Gustavo Guerra, Indonesia/Philippines/Malaysia: Maritime Patrol Agreement, GLOBAL LEGAL MONITOR (30 June 2017).) Militants and weapons crossing the border between the Philippines and Indonesia have recently been of particular concern, according to reports. (See z.B Joseph Hincks, Indonesia says it cannot prevent Islamist militants or weapons from crossing its border with the Philippines, TIME (26 April 2017); Richard C. Paddock, In Indonesia and the Philippines, activists find a common link: ISIS, NY TIMES (May 26, 2017); Wahyudi Soeriaatmadja, trial of terrorists in Jakarta sheds light on the trail of weapons from the southern Philippines to Indonesia, STRAITS TIMES (2. February 2018).) “We want to review [the agreement] because of the growing security concerns related to terrorism and cross-border crime [such as] smuggling. We want to strengthen this point so that certain provisions of the agreement are changed,” Santos told reporters. The BCCC takes place annually and is the main platform on which the border committees of the Philippines and Indonesia discuss border issues. On Tuesday, members of the committee met in Davao City to discuss the review of the 1975 agreement. The Parties agree to establish a border control system in which nationals of each Party residing in the indicated border area may freely enter and move within the corresponding border area of the other border area exclusively for commercial and/or visiting and/or religious and/or recreational purposes, subject to the laws and regulations applicable therein, which shall hold border crossing cards issued by each Contracting Party in accordance with the provisions of this Agreement.

The legal aspects, BCA is a legislation governing the crossing of borders and trade in this area; economic aspects; BCA has not yet taken maximum account of the interests of cross-border workers and has a restrictive impression instead of facilitating the interests of the population, so that illegal trade takes place on the border of the island of Miangas; Social aspects, BCA is difficult to implement in this area because it has limited the tradition of the practice from generation to generation; Political aspects, BCA causes frequent migrations of cross-border commuters from the island of Miangas to the Philippines due to strong historical and related factors, economic factors to obtain better education, health and communication and transport facilities and infrastructure, which are considered better in the Philippines. . . .

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