UNIVERSITY OF THE PHILIPPINES FORUMshaping minds that shape the nation MAY - AUGUST 2015 VOLUME 16 NUMBERS 3 & 4

Finding Peace in Bangsamoro

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Be on the Right Side of The Filipino Muslim: Healing the Wounds History! | 8 Living with Prejudice, of Mamasapano | 4 t has been a very long, demanding and difficult jour- Yearning for Peace | 2 f there is one group of people who know all about Iney. After eight months of consultations and 51 hear- Ithe human consequences of “all-out war,” it is the ings, more than two hundred hours of debates and long uslims are one of the most stigmatized groups villagers of Pikit, North Cotabato. man-hours spent on studying and crafting this bill, I am Min the Philippines. From "DVD" jokes to Despite the formation of the Autonomous Region very proud to present to the Plenary, Committee Report generalizations that they are vengeful and prone to in Muslim Mindanao (ARMM) in 1989 and the ac- No. 747 submitted by the Ad Hoc Committee on House violence, Filipino Muslims have long been subjects ceptance of the peace accord between the Philippine Bill No. 5811 in substitution of House Bill No. 4994. of prejudice. government and the Moro National Liberation Front The title of the substitute measure is: Misconceptions and negative stereotyping are (MNLF), the war in Pikit, and the rest of Central and AN ACT PROVIDING FOR THE BASIC LAW forms of prejudice, where an individual makes a Southern Mindanao continued for years—between FOR THE BANGSAMORO AUTONOMOUS judgment without the benefit of facts. According to the MNLF-breakaway group Moro Islamic Libera- REGION, REPEALING FOR THE PURPOSE RE- UP sociologist, Prof. Manuel Sapitula, technically tion Front (MILF) and the government after President PUBLIC ACT NO. 9054, ENTITLED “AN ACT TO speaking, prejudice is irrational. Prejudice leads to Joseph Estrada’s declaration of an all-out war policy STRENGTHEN AND EXPAND THE ORGANIC stigmatization, a social phenomenon in which society in 2000, followed by President Gloria Macapagal- ACT FOR THE AUTONOMOUS REGION IN ascribes a negative trait to a person or a group of Arroyo’s military campaigns against “criminal ele- MUSLIM MINDANAO,” AND REPUBLIC ACT NO. people that overshadows whatever positive traits he ments.”1 2 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

The Filipino Muslim: Living with Prejudice, Yearning for Peace... continued from page 1

Arlyn VCD Palisoc Romualdo or they might possess. Whatever good and Moros were deemed the enemies and seen as one and the same. exists in stigmatized people are not The placement of Muslims and Moros as the opposite of Christians recognized because of one negative became even more pronounced with the American colonization of the evaluation. Sapitula told the UP Forum Philippines. They were deemed uncivilized and needed to be "tamed." that there is no stigmatization if there is A Bureau of Non-Christian Peoples existed to handle them as well as no society that "imputes these charac- the Cordillerans in the North, according to Sapitula. Christian Filipi- teristics to certain persons or groups." nos became the epitome of civility and were seen by the Americans as He added that prejudice and stigma- "most amenable to their colonial project." tization against Filipino Muslims, in Because of colonization, Luzon and Visayas culture evolved while particular, stem from a lack of knowl- the Philippine South was able to retain its way of life. There were vast edge and appreciation of who they are, differences in culture which spawned misinformation, misunderstand- which leads to misinformed opinions. ing, and negative stereotypes. The widespread, liberal, and inter- With the formal departure of the colonial powers, the responsibility changing use of the terms "Moro" and to fix the gap was left to Filipinos. And the gap is still as wide, if not "Muslim," for example, lumps to- wider than before. gether both groups when in fact, not all "We have not found a solution, a way to understand these differences Muslims are Moro. Moros are Muslim in historical experience, in culture. We have not built enough effective tribes or groups that have inhabited bridges to challenge centuries-old misplaced opinions," said Sapitula. Mindanao since pre-colonial times. But As an example, he cited a survey conducted by the Human Develop- unlike Muslims in general, who are ment Network in 2005 which asked Metro Manila respondents if they practitioners of the religion Islam and would consider having a Muslim for a neighbor. More than 50 percent can very well convert to other reli- said "No." gions, Moros cannot undo their being Sapitula also mentioned the phenomenon of Christian overseas Moro. Not recognizing the difference Filipino workers who return as Muslims from Islamic countries. It between Moro and Muslim is a form of becomes a cause of family crisis because the Christian family members prejudice due to lack of knowledge or do not understand the Muslim convert. These converts are usually not the unwillingness to know and under- able to shift their families' views of Muslims from negative to positive. stand who these people are. In fact, these converts now belong to the group of people their families Then there are the "DVD" jokes. do not trust. Distance grows, with the convert no longer part of the Many non-Muslims are unaware that family's "us" but part of "them." most of these Muslim vendors leave "Philippine Muslim history is currently in the making, involving Mindanao because they want to escape the redefining of Moro relation with the Philippine majority Filipino conflict, that they are displaced. On the State," said Wadi. Because of this, there is much “othering” as seen misconception of the vengeful Mus- in "claim and counter-claim of identity and history among Filipinos lim, Sapitula posited that it may come and Moros." The social stigma against Muslims and Moros have been from the practice of rido or clan wars. reinforced by the increasing "Islamophobia" in other countries, gaining It used to be a sincere and amicable resonance in the Philippines through traditional and new media. method of addressing grievances Because the peace process has become more "intractable" and "a between clans though something may political resolution hardly comes with the so-called Mindanao conflict have changed in the practice. being dragged indefinitely," Wadi lamented that Philippine media are There is also the opinion that Mus- finding more reason to hype often subjective and insignificant issues lims are prone to violence, inherently related to Islam, Muslims, and the Bangsamoro while legitimate issues violent or "war-like." Their display "are easily pigeonholed in dominant social stigma undressing them of or release of anger—juramentado, their truth and social meaning." There is no attempt to understand the amok, or going berserk—is seen by broader context of their struggle and challenges. "Except for very few non-Muslims as "socially unaccept- progressive journalists and academics that do not toe the line of State able" though non-Muslims themselves power, business interest, and ecclesiastical position, Philippine media manifest anger in similar ways. Even heightens [rather] than alleviates the social stigma on Muslims in the the Muslim brand of bravery is seen by Philippines." the cultural majority as beyond the ac- ceptable display of valor, as opposed to Coping mechanisms the bravery of the Waray which is seen According to Wadi, while the majority of Filipino Muslims have as positive and empowering. grown accustomed to the stigmatization, they still undertake initiatives Acknowledging the stigmatization of to foster understanding and promote a positive image. There are inter- Filipino Muslims, however, does not faith groups as well as centers of Balik-Islam or Christians who have mean ignoring the crimes and acts of continued on page 3 terrorism that armed Muslim groups have committed. In an interview with the UP Forum, UP Institute of Islamic Studies Dean Julkipli Wadi called these acts "condemnable in the highest order." As with any other crime com- mitted by anyone, these "should neither be condoned nor tolerated" and do not have any place in a civilized society. From the past to the present Why and how did the prejudice and stigmatization even begin? “The negative image of the Filipino Muslim has been etched into the vast majority's psyche since the colonial days,” said Wadi. “It was the Spanish colonial imposition that started the stereotype,” Sapitula explained. While Luzon and Visayas have been Chris- tianized, Mindanao was not. Muslims UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 3 Photo from the Office of Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

The Filipino Muslim: Living with Prejudice, Yearning for Peace... continued from page 2 become Muslims that promote Islam. He said that many Muslims join social, professional and civic organizations to promote social-economic develop- ment and social values of multiculturalism. “Because stigmatization is a social phenomenon, it must be dealt with at the social level,” explained Sapitula. A stigmatized individual must seek like- minded people for support, a safe haven where no judgment is made. Groups like the ones mentioned by Wadi are important because they represent causes and contribute to the discussion and addressing of issues at the social level. “Philippine Muslims should seek more ways of empowering themselves through dynamic and progressive education, critical mindedness, self and community development, and so on,” said Wadi. BBL and Mamasapano The draft Bangsamoro Basic Law (BBL), resulting from peace negotiations between the Philippine government and the Moro Islamic Liberation Front (MILF) was being discussed in Congress when the Mamasapano tragedy hap- pened on January 25. Until then, government hopes were high for its passage into law. The Mamasapano encounter, according to Wadi, has worsened the stigma toward Filipino Muslims particularly those in Moro areas. Major media networks focused more on the Fallen 44 and the agony of their families and remained oblivious to the civilians and MILF forces who died. Unfortunately, many politicians "rode on public perception and diverted people’s attention to developing critical position against the peace process and the BBL." Even before the tragedy, however, Wadi pointed out that there was strong opposition to the peace process and the BBL. What was conceived to be a comprehensive, inclusive, and multiparticipatory peace process became focused on the MILF, ignoring the Moro National Liberation Front (MNLF), with which it has a 1996 Peace Agreement, as well as the sentiments of the indigenous people or Lumad in mainland Mindanao. While opposition to the BBL became more pronounced after the Mamasa- pano encounter, the draft measure was already problematic to begin with as there were "strategic flaws in the conduct of the peace process,"Wadi con- cluded. Despite these problems, he still expressed the belief that the country needs the BBL. For Sapitula, what happened after the Mamasapano debacle was the ero- sion of trust in the government and trust in the MILF as the other legitimate party in the peace process. Whatever prejudice non-Muslims held against Muslims and Moros blew out of proportion with calls for violence, all-out war, and extermination. “It is sad,” he said, “that people could think of fellow human beings as less human and can therefore be killed like pests.” But from a sociological perspective, the outbursts were not surprising and revealed the latent preju- dice that exists in many non-Muslim Filipinos. It is also easy for these people to call for war because of their distance from Mindanao. Whatever happens there will not affect them and whoever is affected can be easily dismissed. Moving forward Mindanao voices calling for peace are not loud enough, it seems. “They continue to be drowned out by voices of people who are not even in Mindan- ao,” Sapitula said. Wadi, on the other hand, said that majority of non-Muslim Filipinos are not ready to accept "the Moros' readiness to embrace peace and willingness to live harmoniously [with them]." Fear, suspicion, and mistrust still prevail. He added that there has to be a realization that the country is faced with an increasing and serious problem and to address this problem, national leaders must emerge in both Filipino and Moro communities that have com- prehensive understanding, vision, and competence in running the country. "Unfortunately, they could not come from the present craft of traditional politicians." These new breed of leaders must have been "honed by sheer desire to heal the nation, those whose hearts are with the oppressed and the poor, those who are selfless in doing public service and are not after praise or wealth." Wadi added that they must be supported by equally patriotic, peace-loving, and competent mass sectors that are willing to chart just and lasting peace throughout the country. It will take generations to undo the prejudice against Muslims and Moros Right: Prof. Manuel Sapitula that has been in play for centuries. “It should begin with the young today, of the UP Department of Sociology. Left: UP Institute so they may carry it over to succeeding generations,” Sapitula said. Our of Islamic Studies Dean knowledge about Mindanao and its peoples is not nuanced. "We need to Julkipli Wadi. understand Mindanao, Moros, Islam—Mindanao as homeland, Moro as a culture and way of life, Islam as a religion." Monocultural thinking and assimilationist views are hindrances to genuine peace. He emphasized the Cover photo: Doves of need to accept and not just tolerate differences and provide room for legiti- peace being released during the Quezon City Police mate diversity. District Interfaith Rally held Latent prejudice must be addressed because if it is not, it will continue to at the Quezon Memorial explode every time there is a trigger. What is serious about the latent preju- Circle, February 6, 2015 , dice that was manifested by non-Muslim Filipinos following the Mamasa- taken from the Office of the pano encounter is that war was still an option, that in the discourse of many Presidential Adviser on the Filipinos, killing was still an acceptable form of resolving conflict. Sapitula Peace Process website, http://opapp.gov.ph/.media/ said that "if prejudice is left unchallenged, it will persist." photos. ------Email the author at [email protected]. 4 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Healing the Wounds of Mamasapano... SAF 44 and their families were given a continued from page 4 peace. They have not lost hope in the great amount of air-time and attention, CAB. What’s sad is that these calls [for as they should. But Lopez urges us to all-out war] come from here [in Metro “remember also that on the side of the Manila]. The people of Mindanao will MILF, there were families who were Celeste Ann L. Castillo not easily issue calls for all-out war, left by those who were killed.” because it has been tried before and it The trauma of the armed conflict ex- has not proven to be the solution.” tends even further. “From an outsider’s The armed conflict continues to this helplessness, division and a never- perspective, we can say that because of Us vs Them day. Just this February, nearly 15,000 ending quest for revenge that keeps the long years of conflict in Mindanao, In the storm of commentary fol- people had to flee their homes yet them locked in a vicious cycle of war, the people are beset with multigenera- lowing the Mamasapano incident, it again when sporadic gunfights broke poverty and death. tional trauma. The said trauma is also a became evident how easily we suc- out between members of the Bangsam- If we are to have peace in Mind- source of mistrust among people,” said cumbed to the tendency to break down oro Islamic Freedom Fighters (BIFF), anao, this is not the way to go. The Joy Lascano, deputy executive direc- complex issues such as armed conflict the MNLF and the MILF in the bound- Bangsamoro Basic Law (BBL), which tor of the Balay Rehabilitation Center, in Mindanao into “us vs them” narra- ary of Maguindanao and North Cota- would establish the Bangsamoro politi- Inc., a non-governmental organiza- tives. Many Filipinos found themselves bato. Days later, government troops cal entity to replace the ARMM, was tion that works for the psychosocial participating in prejudice, rash judg- launched an offensive against the BIFF meant to be our best shot for peace in relief and rehabilitation of survivors ments and expressions of hate, often gunmen, resulting in the deaths of sol- the region, but the January 2015 events of human rights violations. “If the abetted by statements from the media. diers, MILF and BIFF members, and at Mamasapano have since turned the prejudices and biases continue and we Hardly a recipe for promoting peace an unknown number of civilians.2 tide of opinion against the law, both as a nation spread the hate to the next and inclusivity. But still, in a sense, A month before that, in Barangay among lawmakers and the public. generation, a multigenerational trauma perfectly normal. Tukanalipao, Mamasapano in Maguin- So with or without the BBL, what manifested in the form of anger, fear of “As a social psychologist, one can danao, a police operation intended to can we do to return to peace? other religions and hatred is possible.” look at this [from the] theoretical eliminate a wanted terrorist went ter- This pervasive, multigenerational perspective of social identity,” said Dr. ribly wrong, resulting in the deaths of Multigenerational trauma trauma, triggered and intensified by Ma. Cecilia Gastardo-Conaco of the 44 members of the Philippine National In a war, the first to suffer are the the Mamasapano incident, has serious UP Diliman Department of Psychol- Police Special Action Force, 18 mem- people directly affected by the fight- repercussions on the peace process ogy. She explains that in the notion bers of the MILF, five of the BIFFs and ing—the communities themselves. and the fate of the BBL. Imam Ebra of social identity, our minds actually several civilians, sending a shockwave “Especially, if the community is tagged Moxsir, president of the Imam Council categorize people into groups, and we of horror and anger reverberating as sympathetic to the rebels,” said Dr. of the Philippines and a chaplain of the internalize our identity in individual throughout the nation. June Caridad Pagaduan-Lopez, profes- PNP, recalls how Muslims in Mindan- groups. This system of compartmental- sor at the UP College of Medicine De- ao greeted the signing of the Compre- izing is a cognitive strategy to make War by the numbers partment of Psychiatry and a member hensive Agreement on the Bangsamoro processing a very complex world much Armed conflict has been a scourge in of the UN Subcommittee on Prevention (CAB) in March 2014 with hope. easier and to prevent us from being Mindanao for too long. A February 25, of Torture and Other Cruel, Inhuman or “There was a small group that had overwhelmed by information. 2015 ANC The World Tonight special Degrading Treatment or Punishment. some disagreements [with the CAB], continued on page 5 report pegged the financial cost of four The fact that no one had taken re- but majority welcomed the signing of decades of armed struggle in Mind- sponsibility for the events only wors- the CAB. Our brother Muslims in Min- anao, in terms of lost business and in- ened matters. The lack of accountabil- danao rejoiced. This was to be the end vestment opportunities and widespread ity and clear and sufficient information of the fighting, a new hope, for all the damage to property and infrastructure, surrounding the operation in Mama- sectors—professional, academe or re- at over P700 billion, with the govern- sapano only made the trauma worse. ligious, and all the other sectors of our ment spending an estimated P3 billion “[With accountability and informa- brother Muslims, as well as the lumads yearly to pay for the war. tion], you get to stop the speculations, and non-Muslims living in Mindanao, The cost of war in terms of human and you get to stop the prejudices especially in the provinces where the lives, however, is immeasurable. Over that arise from it,” Lopez said. “The majority is Muslim,” Imam Moxsir 150,000 soldiers, policemen, rebels and prejudices are already deep-seated, and said. “And it is truly sad that, just when civilians have died in the conflict since this [event] is coming out as a prime we were so close [to the passage of the Photos from left to right: Dr. Ma. 1972. The Switzerland-based Inter- example for both sides that they cannot Cecilia Gastardo-Conaco of the BBL], this happened. Because of the UP Department of Psychology; nal Displacement Monitoring Centre trust each other. [There must be a clear Mamasapano incident, there are new deputy executive director of the estimates that since 2000, over four explanation] so that you do not fuel all wounds and new sources of conflict Balay Rehabilitation Center, Inc. million people have been displaced the negative perceptions, which will between Christians and Muslims. Joy Lascano; Dr. June Caridad in Mindanao due to a combination of lead to even more conflict.” “And the sadder thing is,” he added, Pagaduan-Lopez of the UP armed conflict, crime and violence, and The trauma of armed conflict is not “the people of Mindanao, especially College of Medicine Department clan violence,3 resulting in generations just isolated to the communities. The of Psychiatry; and Ebra Moxsir, those living in what would be the fu- president of the Imam Council of children who have grown up in an combatants suffer trauma as well. In ture political entity of Bangsamoro, are of the Philippines and a chaplain environment of violence, instability, the Mamasapano incident, the slain not the ones clamoring for an end to of the PNP. UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 5 Photo from the Office of Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Healing the Wounds of Mamasapano... perpetually refreshed. If this was a psychosocial healing in a systematic continued from page 4 wound, how would it ever heal if you and sustained manner. “This leads to very interesting psycho- keep poking at it?” Conaco pointed The Balay Rehabilitation Centre has logical effects in terms of how we see the out. “I think it’s irresponsible and un- also established a space of peace in members of the out-group and how we see ethical to do that. It’s tearing the nation Pikit, consisting of seven villages, as the members of the in-group. And usually apart even more.” well as projects that include establish- one impact of the relationship of this in- For Lopez, the root cause of our ten- ing child-friendly spaces for psychoso- group-out-group view is that it has conflict dency to focus on in-group/out-group cial activities, peace camps, counseling potential,” Conaco continued. “You tend to differences and dehumanize people or and life-skills training, peace advocacy, see your own group more positively and the discount their lives by calling for war the promotion of natural farming and other group more negatively.” as a kind of panacea is not a lack of cooperatives as livelihood sources. In the wake of the Mamasapano inci- compassion. “Most communities are engaged in dent, many Filipinos considered the SAF “It’s mindlessness,” she said. “We peace-building efforts, including the 44 as part of the in-group and so justifi- don’t think enough. We don’t reflect cessation of hostilities. Of course, this ably felt anger and horror at their deaths. enough. And we don’t appreciate the intervention started from an outsider “Everyone has a right to be aggrieved. On mind enough—how it dictates every who once believed that to end the the other hand, think about the other side,” action you make, and how the minds conflict, one must sow peace,” said said Conaco. “I’m sure there were Muslim of our people are the most important, Lascano. “As a result of the early inter- women who felt, ‘ah, how terrible, we were most precious elements of this society.” ventions there were a number of areas raided so early in the morning and now my Sheer mindlessness—a lack of where peace zones are declared and husband is dead.’ But we do not see that, self-awareness and recognition of how peace efforts were initiated. Later, the because what is salient to us is the feeling our behavior, language, thoughts and interventions include strengthening and and affect of the in-group, and that is what choices impact one another and create building the resilience of the people is being fueled by the in-group media.” our environment—is what allows us to and the community. These programs, The trouble comes when almost all ex- stay inside the loop of in-group think- we can say, sowed hope among the ternal stimuli around you is geared toward ing and continue to regard the mem- people as they have learned to work reinforcing this categorical thinking, which bers of the out-group as a faceless mass and live with other people with diverse the mind offers as further “proof” that the instead of as individuals. cultures, ethnicities and religion. This unquestioned notions and unprocessed “I call it mindlessness, because that’s proves,” she added, “that peace-build- generalities you hold of an entire group of what we are even in ordinary ways,” ing is healing in itself.” people are true. These “proofs” are then said Lopez. “Filipinos can be mindless expressed again, usually by the members about throwing trash, mindless about Selling the BBL of the in-group, and they become more paying our taxes correctly, mindless “The advent of the consciousness of external “proof” and create a closed-off about going about their jobs. Post-Ma- the Mindanawans to Right to Self- loop of stereotypical thinking that empha- masapano is not a military issue. It’s Determination,” Lascano continued, sizes differences instead of commonalities, not a police issue. It’s a psychosocial “has also brought hope to the people. exclusion instead of inclusion. The result? issue.” There is no prescription or step-by-step Conflict instead of cooperation. process for communities in dealing For Conaco, the media present a clear Healing the community with hopelessness, but educating the example of this. “When you look at a To help the people of Tukanalipao, people of what [they can do] is essen- newspaper, writers there say, ‘A Muslim Mamasapano recover from the trauma, tial to give them hope.” terrorist…’ Can’t we just say a terrorist establishing safety is the top prior- This was the spirit in which the BBL is a terrorist without saying he’s Muslim ity. “When I say safety it’s not only was drafted—to provide the Bangsam- or Christian? And when the criminal is physical safety for everyone. You have oro people a political space that would a Christian, the newspapers don’t say, to give them a sense of psychological secure their identity and posterity and ‘A Christian robber.’ But when it’s the safety as well,” said Lopez. “Has there allow for meaningful self-governance. out-group concerned, you underscore the been an effort to talk to the commu- “If you’re looking at it from [the per- difference. What you’re actually doing is nity? [We have] to get them to air their spective of] realistic conflict, maybe underlining the between-group differences, sentiments, make them feel that they the solution is to do something about underlining the categories that exist. Media were heard and that whatever they feel, what they are fighting over,” said tend to reinforce that, I think. And with the they will be safe? That first of all, they Conaco. “The other thing is to move Mamasapano incident, it seems that it has will not be judged, but most of all, they toward what they call superordinate reinforced a lot of paranoia.” will be free of retaliation, that they are solutions, where the groups can work This constant rehashing of group dif- free to speak their minds.” together to achieve something. In fact, ferences has been done for so long it has Establishing “spaces of peace” where I think this is one of the elements of become a habit. For the media, focusing members of the communities—Mus- the new BBL. The idea is that we can on conflict, violence and negative events lim, Christian or lumad—can rebuild all move together towards economic may help sell papers or boost ratings, but it their lives, process their experiences, productivity. We cannot be in perpetual ultimately reinforces the categorical, “us vs and hold dialogues with one another conflict.” them” habit of thinking. to foster greater understanding has The problem, however, is that this “How can you recover [from the trauma produced results before. From 2002 to idea has to be sold to its audience. of an incident like Mamasapano] when 2004, Lopez introduced a program in “People should be made aware, for ex- every day you hear the same thing on the Pikit—dubbed Balik-Kalipay or Return ample, of what the provisions are of the radio, when you open the newspaper, and to Happiness—as the first program- BBL. Also, there should be a clearer when you check the Internet? It’s always matic attempt to provide training in continued on page 6 6 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 The Plight of the “Bakwits” The story of evacuees in Central Mindanao in the aftermath of the Mamasapano Incident

Khalil Ismael Michael Gomez Quilinguing

ince I was a child, my family has been in this situation. We flee, return home and rebuild our lives. SThen we evacuate again; it is never ending.” These were the words of Bai Zahara Alim when she was interviewed by journalist Ferdinand Cabrera for Davao City-based media cooperative Mind- anews.1 Alim and her family were bakwits or among those who had to evacuate their homes in Shariff- Saydona, Maguindanao after operations against members of the Bangsamoro Islamic Freedom Fighters (BIFF) were launched by the armed forces and the Moro Islamic Liberation Front (MILF). A corruption of the English word ‘evacuate,’ the term bakwit refers to individuals dis- placed in areas frequently affected by conflict, in this case, Central Mindanao. In this recent evacuation, Alim and her neighbors would be affected by military offensives against the BIFF. The operations were launched in the aftermath of the Ma- masapano incident, where 44 police Special Action Force (SAF) died in an attempt to capture two wanted terrorists. On January 25 this year, SAF commandos raided in Mamasapano, Maguin- danao, what was believed to be a hideout of Malaysian terrorist ZulkifliAbdhir, more widely known as Marwan, and his Filipino protégé Abdul Ahmad Akmad Usman, better known as Basit Usman. While Marwan was later confirmed to have been killed in the operation, the national police anti-terror unit suffered its heaviest losses in a single day in its 32-year history. The operation against Marwan and Usman could not have happened at a more inopportune time. The Government of the Republic of the Philippines (GRP) and the MILF were in the middle of a massive nationwide informa- tion campaign aimed at disseminating information on the Bangsamoro Basic Law (BBL). The organic act would seal the peace agreement ending almost four decades of conflict between the government and Muslim separatists. A product of years of on-and-off negotiations, the BBL would be the culmination of the renewed commitment to peace between the Aquino administration and the MILF leadership which culminated in the signing of the Comprehensive Agreement on the Bangsamoro on March 2014.2 But all the carefully planned steps towards lasting peace in several areas in Mindanao were put to the test by the Mamasapano incident. In the days immediately following the death of the SAF commandos, the national political leadership, the top brass of the military and the police, the media and Filipinos online and offline question the wisdom of the peace agreement, with the BBL hanging in the balance. While debates on the BBL, the peace process between the government and the MILF and the Mamasapa- no operation raged in the halls of power and online, what was hardly discussed in the Senate and the House or Representatives was the impact of the incident to the local population of Maguindanao and surrounding provinces. In the days following the raid, non-government organizations (NGOs) and the Department of Social Welfare and Development (DSWD) noted the evacuation of several families living near the area of the incident. On February 5, 2015, the International Organization for Migration (IOM) noted clashes between the MILF and the BIFF, as well as another clash on February 15. The firefights between the BIFF and the MILF resulted in the displacement of several residents and families in Buliok, Kalbugan, Bagoinged in Pagalungan, Maguindanao.3 According to the IOM, as many as 11,384 families or 58,742 individuals were displaced by the conflict in Maguindanao and the flooding in nearby North Cotabato between January 23 to February 17, 2015.

Image adapted from a photo by Ruby Thursday, MindaNews, http://www.mindanews.com/photos/bakwit-7/

Healing the Wounds of Mamasapano... Philippines do we have the Muslims, the Mindanawan tri-people, and let the continued from page 5 the Christians, the IPs—all separate people decide for themselves,” said Las- appreciation of the process [of drafting Moving boundaries groups? We can go higher in our pro- cano. “Dialogues and open discussions cessing and think, we are all Filipinos should be encouraged. If we do not know it went through],” said Conaco. If peace is to have a chance, then it so we are all under the big category of enough, better not to say anything. We Imam Moxsir agrees. “To be hon- is up to us to give it that chance—to Filipino. And that category is inclu- cannot say that we know Mindanao and est, the information dissemination and make spaces of peace, understanding sive.” In this, the education system Mindanawan and the issues surround- educational campaign for the BBL is and inclusivity where we are, begin- can help much by emphasizing what ing them unless we have been living and insufficient. What is the substance of the ning with our minds. it means to be Filipino. The media working with them, unless we are open BBL? What are its contents? Sometimes For instance, there are ways to also has an important role to play as to better understand them and use their people interpret the law, but the interpre- subvert the human tendency toward the other major socializer of society, own lens rather than ours.” tations are flawed. We need to increase categorical thinking. One way is to get along with the government. “[These The power of religion to draw people the information and education campaign, to know the members of the out-group three] shape your cognitions about the together and spark dialogue is unparal- and we need to explain that the BBL is on an individual basis, to form rela- Filipino in-group. They can shape our leled, and for Imam Moxsir, interfaith the key to peace in Mindanao.” tionships with them, and to learn to emotions,” Conaco pointed out. dialogue among Muslims and Chris- As in any good marketing pitch, to see them as people, just like you, “so If one is to work toward peace, then tians is necessary. “We need to open up sell a product—in this case, the BBL— you’re more aware of the individual understanding is critical. “We have to the interreligious discourse. The politi- the alternatives must be presented and rather than a lumped, totalized, faceless understand the context of Mindanao, cal is just one aspect [of this situation], shown as unfavorable. “And what is whole,” said Conaco. including its history that is not writ- but from our perspective, this is also a the alternative to the peace package? Another way is to move the bound- ten in the formal history book, analyze spiritual [issue]. The solution here is It’s war. And obviously, that is no de- aries of our mental categories and and confront the situation and players, dialogue on both sides so that we come cent alternative to peace,” said Conaco. divisions outward. “Why within the educate and enhance the capacity of continued on page 7 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 7 The Plight of the “Bakwits” The story of evacuees in Central Mindanao in the aftermath of the Mamasapano Incident

By March 2, the number of evacuees or bakwits According to the United Nations Office for the faraway Manila still debate over the ultimate respon- was already 8,130 families or 30,130 individuals. Coordination of Humanitarian Affairs (OCHA), about sibility for the death of the SAF commandos. While the earlier report by the IOM was signifi- 60percent of the evacuees displaced by the conflict in Much has been said by political leaders, the mili- cantly higher, the figure released by the regional Central Mindanao returned to their homes towards the tary, the academe, the media and ordinary Filipinos relief arm Autonomous Region in Muslim Mindanao- end of April. From a peak of over 130,000 bakwits, far from the areas of conflict, on the impact of the Humanitarian Emergency Action and Response Team only 43,900 remained in 32 evacuation centers in Mamasapano incident on how the BBL and the peace (ARMM-HEART) is solely based on those affected Maguindanao by April 24, 2015.8 agreement between the government and the MILF by the conflict.4 The earlier figure had included indi- In the OCHA report, ARMM-HEART also noted will now be viewed. Very few, however, even mention viduals also affected by the floods in North Cotabato. that while many of the bakwits had returned to their the Filipinos displaced by the conflict which resulted As a result of the displacement of the communities, homes and communities, many fear that they might from the botched operation. Still fewer speak of the GMA News Online reported that local legislators had have to pack up their belongings again as the security plight of the bakwits who still cannot go back to their even gone to the extent of calling for the declaration situation still remained volatile. homes for fear of renewed conflict—fears born of the of a state of emergency in the province of Maguin- Despite these apprehensions, government aid violence brought back to their towns by the raid on danao. Aside from affecting the communities in the agencies as well as NGOs continued giving the that fateful day in January. areas where the military operations were raging, the bakwitssupport by providing them food packs, water, ------displacement of individuals also affected schools in sanitation and hygiene implements, as well as health Email the author at [email protected] the area, as these were used as evacuation centers. services. Psychosocial aid and programs, as well The intense fighting between the AFP and the MILF as educational assistance were also provided to the NOTES: on one hand and the BIFF on the other would result evacuees.9 1 Cabrera, F. (2015, March 2). Evacuees in Mindanao bewail hardships caused by displacement. Mindanews. Retrieved from inthe increase in the number of bakwits to as many About a month after the bakwits started returning http://www.mindanews.com/top-stories/2015/03/02/evacuees-in- as 20,247 families or 99,262 individuals by March to their homes, and two months after the military maguindanao-bewail-hardships-caused-by-displacement/ 15. The National Disaster and Risk Reduction and announced the conclusion of the offensive, ARMM- 2 Sabillo, K. (2014, March 26). What is the omprehensive Agreement on the Bangsamoro. Philippine Daily Inquirer. Retrieved from Management Council (NDRRMC) noted that these HEART reported on May 25, 2015 that 84,980 of the http://newsinfo.inquirer.net/589245/what-is-the-comprehensive- evacuees came from 14 towns affected by the conflict evacuees affected by the conflict in Maguindanao had agreement-on-the-bangsamoro and a rido or feud between families.5 returned to their homes and communities, leaving 3 International Organization for Migration (IOM) Philippines. (2015, 40,355 individuals still in the camps.10 February 19). Situation Report No.3. IOM Philippines – Response As a result of the evacuations, the NDRMMC also to displacement due to conflict and natural disaster in Mindanao. noted that as many as 48 public elementary and high Despite the significant decrease in the number of Retrieved from https://www.iom.int/files/live/sites/iom/files/ schools in Central Mindanao were affected by the bakwits and affected communities, the regional aid Country/docs/Sitrep-Mindanao-3-19Feb-2015.pdf displacement of communities. This has also resulted organization documented that there were still 30 4 Cabrera, F. (2015, March 2). Maguindanao to declare state of calamity as military offensives vs. BIFF intensifies. GMA News in the disruption of classes for 20,632 students and evacuation centers operating as a result of the conflict Online. Retrieved from http://www.gmanetwork.com/news/ 301 teachers.6 between government forces, the MILF and the BIFF. story/445421/news/regions/maguindanao-to-declare-state-of- On March 15, 2015 combined elements of the mili- These centers are spread among the five remaining calamity-as-military-offensive-vs-biff-intensifies 5 Locsin, J.(2015, March 15). Fighting in Maguindanao has displaced tary and the police arrestedMohamad Ali Tambako in affected municipalities. close to 100k people, NDRRMC says. GMA News Online. Barangay Calumpang, General Santos City, prompt- ARMM-HEART also noted that despite assur- Retrieved from http://www.gmanetwork.com/news/story/452893/ ing AFP public affairs chief Lt. Col. Harold Cabunoc ances by the military and government officials of the news/regions/fighting-in-maguindanao-has-displaced-close-to- 100k-people-ndrrmc-says to tell the media in a press briefing that operations in restoration of peace in their municipalities, some of 6 Ibid. Central Mindanao were nearing their end.7 Cabunoc the bakwitshaddecided to remain in the camps for fear 7 Fernandez, A. (2015, March 17). AFP: All-out offensive vs. BIFF also added that as a result of the military offensives in that violence might again erupt in their communities. nearing end; 117 rebels killed. GMA News Online. Retrieved from http://www.gmanetwork.com/news/story/453949/news/regions/ Central Mindanao, 117 rebels had been killed, while And while there was continuing psychosocial aid and afp-all-out-offensive-vs-biff-nearing-end-117-rebels-killed 53 had been wounded. Forty-seven of the fatalities education for the affected individuals, assistance can 8 Office for the Coordination of Humanitarian Affairs (OCHA). (2015, have been identified by authorities and their relatives. only go as far as to give them a semblance of hope April 1-30). Humanitarian Bulletin: Philippines. Issue 4. Retrieved and life in the camps. from http://reliefweb.int/sites/reliefweb.int/files/resources/ While Cabunoc’s pronouncements should have OCHAPhilippines%20Humanitarian%20Bulletin%20No4%20 been a signal for bakwits to return to their homes and Half a year since the pyrrhic raid which set off the %28April%202015%29%20FINAL.pdf their communities, it was only a month later when violent chain of events in Maguindanao, the bakwits 9 Ibid. government agencies and non-government organiza- are still reeling from the political, social and emo- 10 Bureau of Public Information.(2015, May 25). About 85,000 IDPs return home in Maguindanao: Autonomous Region in Muslim tions noted a significant reduction in the number of tional effects of the events which followed the inci- Mindanao. Retrieved from http://www.armm-info.com/2015/05/ displaced families and individuals. dent, while political leaders and ordinary citizens in about-85000-idps-return-home-in-maguindanao.html

Healing the Wounds of Mamasapano... ful to us? And we must sensitize our Fernandez, Edwin. (2015, February 17.) people about war. Media will not be the 15,000 flee from MILF, BIFF fighting in continued from page 6 North Cotabato, Maguindanao. Inquirer. to a mutual understanding and a spirit and facing what you have to face in a proper source. It makes us aware, but it net. Retrieved from http://newsinfo. of cooperation, so that we understand thoughtful, reflective way,” said Lopez. is not the source of right thinking.” inquirer.net/673519/15000-flee-from- “We have to do the work,” said milf-biff-fighting-in-north-cotabato- that each religion desires peace.” This means being aware of and em- maguindanao#ixzz3g2ScgOF4 He also recommends returning to pathetic toward people’s feelings and Conaco. “And there’s a lot of work… Maitem, Jeoffrey and Manlupig, Karlos. (2015, the basics of our respective religious emotions and personal contexts—of But the big thing really is we must give February 18). BIFF rebels torch MNLF peace a chance. [Because] what is the homes in Pikit, North Cotabato. Inquirer. beliefs, given that each belief system knowing that each individual needs to net. Retrieved from http://newsinfo.inquirer. has peace in its core. “It is written in be listened to and to be shown kind- alternative, really? It’s all we have.” net/673661/biff-rebels-torch-mnlf-homes-in- the Holy Quran that if you kill just ness. This goes for everyone, from the ------pikit-north-cotabato#ixzz3g2SqBQrb Email the author at [email protected]. Inquirer.net. (2015, February 22). Military one human life, especially an inno- community members, to the families launches offensive vs BIFF. Retrieved from cent life, it is as if you have killed the of the slain combatants, to disaster NOTES: http://newsinfo.inquirer.net/674368/military- whole world. And if you save just one relief workers, to office employees, to 1 Schiavo-Campo, Salvatore, and Judd, Mary. starts-assault-vs-biff-in-maguindanao-north- (2005, February). The Mindanao conflict in cotabato life, then it is as if you have saved the jeepney drivers, to social media com- the Philippines: Roots, costs, and potential Balana, Cynthia D. and Manlupic, Karlos. whole world. Let mutual cooperation menters, to the people on the street. peace dividend. Social Development (2015, February 26). AFP launches all- and understanding take hold. Let us “[We have to] go back to the minds of Papers, Conflict Prevention and out offensive against BIFF. Inquirer.net. not judge, or make interpretations. We people. Be mindful of the mindsets of Reconstruction, Paper No. 24. Washington: Retrieved from http://newsinfo.inquirer. The World Bank Social Development net/675424/afp-launches-all-out-offensive- have to know and understand first.” people. What mindset did the Mama- Department. Retrieved from http://www- against-biff Ultimately, the key to peace is not sapano incident leave us in the way we wds.worldbank.org/external/default/ 3 Internal Displacement Monitoring Centre. just through laws or blame-casting. It is see peace, in the way we see war, in the WDSContentServer/WDSP/IB/2005/03/28 (n.d.). Philippines IDP figures analysis. /000011823_20050328152733/Rendered/ Retrieved from http://www.internal- through everyday mindfulness—“being way we see Muslims and Christians? PDF/31822.pdf displacement.org/south-and-south-east- in the here and now, in the present, What is of help to us, and what is hurt- 2 See the following: asia/philippines/figures-analysis 8 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 Be on the Right Side of History! ...continued from page 1 (Note: This is the sponsorship speech for HB 5811 delivered by Rep. Rodriguez at the Plenary Hall of the House of Representatives on June 1, 2015.)

Rep. Rufus B. Rodriguez Chairperson, Ad Hoc Committee on the Bangsamoro Basic Law

6734, ENTITLED “AN ACT PROVID- the identity issues emerging from the Bangsamoro Basic Law was submitted ING FOR AN ORGANIC ACT FOR de facto second-class status of much of to both Houses of Congress. THE AUTONOMOUS REGION IN the Moro population. Complicating the We all know what happened next. MUSLIM MINDANAO” picture is the fact that indigenous peoples Twenty-four public hearings (conducted This measure took years in the making, have historically been pushed aside in Luzon, Visayas and Mindanao), 19 paid for by the blood and tears of our and displaced from the lowlands to the regular meetings and eight executive people. This measure has brought to the highlands. sessions, for a total of 51 meetings, were fore the need to address the issues that Starting from the administration of conducted by the Ad Hoc Committee in have stunted the otherwise robust growth President Ferdinand Marcos, the gov- a span of eight months—from the time of Mindanao. ernment has made several attempts to it was formally organized on September Mindanao is the second largest island forge a negotiated peace settlement with 16, 2015 up to May 20, 2015. of the Philippines and home to 24 the Moro rebels, realizing that a purely We invited to these meetings heads of percent of the Filipino population. This military solution to the problem was not departments and of government agen- represents at least 18 million people of the answer. cies, local chief executives (including highly diverse ethnicities, cultures and The 1976 Tripoli Agreement with the members of local legislative bodies), ways of life. The people of Mindanao Moro National Liberation Front (MNLF) deans of various law schools, members are basically divided into three groups, provided for the immediate cessation of of the academe, legal luminaries/experts the Moro, the Lumad and the Christian armed hostilities between the two parties in constitutional law, non-governmental settlers. and established the framework for an organizations, civil society organizations The national government has ignored autonomous region for the Muslims in and people’s organizations, labor groups Mindanao and marginalized its indig- Mindanao. President Corazon Aquino enous and Muslim populations. Edu- fulfilled the provisions of the Tripoli cation, services and opportunities for Agreement on the condition that it should Mindanao’s distinct populations have follow the Constitutional process of been consistently inadequate over time. holding a plebiscite to determine which This is why there is conflict. among the provinces specified in the In a paper titled, The Mindanao Con- Tripoli Agreement would opt to become flict in the Philippines: Roots, Costs, and part of the autonomous region. Potential Peace Dividend written by Sal- President Fidel Ramos continued vatore Schiavo-Campo and Mary Judd the peace initiative which resulted in Long (Social Development Paper, The the signing of a peace accord with the World Bank: February, 2005), the authors MNLF under Nur Misuari. mentioned that the Mindanao conflict Under President Joseph Estrada’s is the second oldest on earth, after the administration, the threat no longer conflict between North and South Sudan. emanated from the MNLF because many The long history of the conflict can be MNLF officials had joined government summarized as follows: “Before the ar- or were elected local government of- rival of the Spaniards in the 16th century, ficials with tacit support from the central Mindanao has already been in contact administration. The new challenge ema- with Muslim traders from Indonesia nated from the Moro Islamic Liberation and Malaysia long before the Spaniards Front (MILF), a breakaway group from which resulted in the conversion to Islam the MNLF. President Estrada declared of the inhabitants, and the formation of an “all-out war policy” and mobilized the Muslim Sultanates of Maguindanao a large military contingent to capture and Sulu, among others. When the several MILF camps, including its main Spaniards arrived, Luzon and most of the headquarters in Camp Abubakar. Visayas were subdued and converted to The administration of President Gloria Catholicism, but they never succeeded in Macapagal-Arroyo initially declared an Mindanao. When the Americans came, “all-out-peace” policy with the MILF Mindanao was brought under control but was forced to temporarily abandon of the national government after the it when the military launched another and chambers of commerce. Public con- end of the Philippine-American War.” assault on MILF-controlled territories in sultations were attended by the general Despite this, hostility and conflict have pursuit of “criminal elements” operat- public, who were able to voice their remained endemic until today. According ing there. But peace was again restored opinions and concerns about the bill, and to the same paper, the Philippines was when the MILF under Chairman Murad its possible impact on their lives, their comparatively calm for a period after it Ebrahim forged a ceasefire agreement families and their communities. was granted independence in 1946, but with the government.” This is the most inclusive and com- conflict flared up again in the late 1960’s Under the leadership of President prehensive consultation for a piece of as growing numbers of Christians settled Benigno S. Aquino III, peace talks legislation in the entire history of our na- in Mindanao. Settlers arrived particularly continued with MILF chair Murad "Al tion since the start of the first Philippine from Central Luzon and Panay Island in Haj" Ebrahim and the President,who Assembly in 1907. the Visayas. The resettlement was fos- even had an unprecedented meeting in The Ad Hoc Committee has heard tered by a deliberate policy of the central Japan where both agreed to expedite the all sides of the issue. We have made government in Manila and eventually peace process. The Framework Agree- several amendments to the initial draft, resulted in Mindanao having a Christian ment on the Bangsamoro was eventually incorporated several proposals from our majority overall, with Muslim-majority signed, followed by the Comprehensive esteemed colleagues, and on May 18 areas concentrated in the central and Agreement on the Bangsamoro (CAB) and 19, voted on each and every section, southwestern regions. with President Aquino saying, “I will not line-by-line, on the Chairman and Vice Overall, although religious differences let peace be snatched from my people Chairperson’s working draft. have partly shaped it, the roots of the again. Not now when we have already On May 18, the Committee had ap- conflict have been the clash of interests undertaken the most significant steps to continued on page 22 in land and other natural resources, and achieve it.” And finally, the proposed UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 9 A Country without Heroes Is a Country without Soul (Note: This is the sponsorship speech for SB 2894, the substitute bill for the BBL delivered by Sen. Marcos at the Senate on August 12, 2015.)

Sen. Ferdinand “Bongbong” R. Marcos, Jr. Chairman, Senate Committee on Local Government and the Committee on Public Works

e stand now at a crossroads of helpless, their equipment and even per- thoughtful way because unfortunately, Wour nation’s history, and are sonal effects stripped from them and our leadership did not. From the very faced with a momentous choice. We passed around as war trophies, or sold beginning, the Bangsamoro Basic Law can move forward, or we can fall back. on the black market to be used later and the “comprehensive” agreement We can descend into war and death, or against their own comrades? from which it was derived were not create peace and prosperous life. That we have not responded with inclusive. I am sure that we all agree that there violent revenge is a blessing we owe to From secret meetings in hotel rooms, is only one clear, resounding choice we the widows and families of our fallen held in faraway places at the sole dis- can accept: the choice of peace. Peace SAF 44, who have displayed courage cretion of the President of the Republic is the clarion call of our time. Peace is and a burning desire for peace every and disregarded the constitutional au- the cry of our people. And so, peace bit the equal of their slain loved ones. thority of this very body in deliberating there shall be. Peace in Mindanao, In the midst of personal grief and loss treaties; to the hasty accession to every peace throughout our land. we can scarcely imagine, they have demand of the MILF by our negotiat- But peace cannot be achieved and shown us the grace of choosing the ing team; to the exclusion of all other cannot be sustained if it is not an inclu- righteous path. They asked only that stakeholders, the conduct of talks and sive, all-embracing peace. Peace can- justice be served. They choose this creation of the Bangsamoro Basic Law not only be for the benefit of Muslims, path despite their families having in its original version only served to or Christians, or only for the MILF, or been torn apart. They choose this path raise fears and suspicions. Many of our the MNLF, or the BIFF. Peace cannot despite their brave loved ones having people have accused these leaders of distinguish between Filipino and Moro, been abandoned by their leaders, first ‘selling out,’ and putting the peaceful in a hopeless battle in which integrity of our republic at grave risk. they were outnumbered and Some have even gone so far as to char- outgunned, and many times after, acterize the conduct of these leaders as when their government failed— treasonous. nay, rejected—every opportunity Many have openly questioned, as to honor the fallen SAF 44 with do I, why Malaysia was invited to be the decency, respect, and honor the facilitator and moderator of these befitting those who have given talks. Malaysia, which stubbornly their lives for our country. refuses to recognize our rightful claim They choose the path of peace. to Sabah. Malaysia, which has, at least And so shall we. in the recent past, given shelter and Our heroes died for peace, and aid to separatists and terrorists against we honor them because a country the Filipino people. Malaysia is not a without heroes is a country with- disinterested party, whose only goal is out a soul. to aid the creation of peace. Malaysia’s This is why the Basic Law of involvement only raises suspicions the Bangsamoro Autonomous about the loyalties of those in the new Region we have created with Bangsamoro region, and raises justifi- great effort and the help of many able fears of the “balkanization” of our people is so important. Our land, and the irretrievable loss of our heroes are best honored with rightful territory in Sabah. deeds, not words, and there can Obviously, I would not have chosen be no greater honor than to finish Malaysia to assist us in this all-impor- the task for which they gave their tant endeavor. I suspect many of you lives, because in honoring our would not have done so, either. That, heroes, we honor the Philippines, however, cannot be undone now. and all its diverse people. But what can be undone, and what We should not, and we cannot we have undone, are the unacceptable fail them. and harmful conditions and provisions I accepted the challenge and our President and our negotiating team between Tausug and Maranao, between made a commitment to correct the thoughtlessly accepted in their haste to Lumads and other indigenous peoples. many flaws of the original Bangsamoro earn accolades for their work. Peace must embrace all faiths and all Basic Law because I believe in peace. Let me be clear: we strive for peace. peoples. Peace must respect and uplift I recognize, as our people do, that this We must have peace, and we shall have all cultures and beliefs. Peace is not law is necessary to achieve that peace. peace. But we will not have peace at and cannot be exclusive; it is inclusive. But it can only meet that sacred goal if the expense of our sovereignty. We War and conflict is not an option. It it is a law that is constitutional, a law will not have peace by surrendering never was, never will be, and never that is all-embracing, inclusive of all our land at the behest of the leadership should be. After the tragedy of Ma- who have been tragically affected by of Malaysia, which, while a respected masapano, the desire for vengeance the conflict as well as every Filipino, neighbor and valuable regional part- could seduce even the peace-minded. a law that honors our heroes and what ner in many other ways, seeks only to And sadly, in our midst even today, they fought and died for. advance its own interests in Mindanao there are those who insist that total war And so we proceeded carefully, with and Sabah at the expense of the people against the MILF and other rebellious respect for the future we are all trying of the Philippines. We cannot have a movements is the real solution. to create for this country. We pro- peace that violates our own supreme That is wrong, but understandable. ceeded by being inclusive, and invit- law, the Constitution. And we certainly Who could not feel rage and anguish, ing the consultation of every affected will not have peace if it excludes even after seeing the courageous SAF 44 stakeholder. We proceeded according one of the many groups who have suf- mercilessly slaughtered by elements of to the laws of our land, and the desire fered through the long years of conflict the MILF and BIFF, some even after of every Filipino for peace. and the poverty it has caused. they were wounded, disarmed, and We proceeded in this careful, continued on page 16 10 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 Salient Amendments by Salient Deletions and Amendments to the Original HB 4994 Congress to the Bangsamoro to Conform to the Philippine Constitution Rep. Rufus B. Rodriguez Basic Law through HB 5811 Chairman, Ad Hoc Committee on the Bangsamoro Basic Law

Jo. Florendo B. Lontoc HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811

AN ACT PROVIDING FOR AN ACT PROVIDING FOR n September 16, 2014, the House of Representatives (HR) formed an ad THE BASIC LAW FOR THE THE BASIC LAW FOR THE Ohoc committee to conduct hearings on the Bangsamoro Basic Law. Led by BANGSAMORO AND ABOLISHING BANGSAMORO AUTONOMOUS Congressman Rufus Rodriguez, the Committe worked on House Bill 4994, the THE AUTONOMOUS REGION IN REGION, REPEALING FOR THE original HR version of the BBL. MUSLIM MINDANAO, REPEALING PURPOSE REPUBLIC ACT NO. FOR THE PURPOSE REPUBLIC 9054, ENTITLED “AN ACT TO Rodriguez conducted 24 public hearings in Luzon, Visayas, and Mindanao, ACT NO. 9054, ENTITLED “AN ACT STRENGTHEN AND EXPAND and 19 regular meetings and eight executive sessions, or a total of 51 meetings, TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE in a span of eight months from the time the committee was organized up to THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM May 20, 2015, when the committee completed a final draft. AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT "This is the most inclusive and most comprehensive consultation for a piece MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT of legislation in the entire history of our nation, since the start of the first Phil- NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION ippine Assembly in 1907," Rodriguez said. FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO” On May 20, 2015, with a vote of 50 in favor, 17 against and 1 abstention, the IN MUSLIM MINDANAO,” AND FOR committee approved the Committee Report with an attached 91-page substitute OTHER PURPOSES bill to House Bill No. 4994. On June 1, 2015, Rodriguez brought the substitute bill, HB 5811, to the ple- nary for approval. It was still being deliberated as of press time. PREAMBLE PREAMBLE The substitute bill differs from the original BBL in • specifying Bangsamoro as an autonomous region; XXX XXX XXX XXX XXX XXX • considering the 1976 Tripoli Agreement area of autonomy in defining "con- In consonance with the Constitution Within the framework of the tiguous territory"; and the universally accepted Constitution and national • reverting the offices of the Ombudsman, Civil Service, and Audit to re- principles of human rights, liberty, sovereignty as well as the gional extensions of the corresponding national government agencies; justice, democracy, and the norms territorial integrity of the Republic • including provisions for supervisory powers of and cooperation with and standards of international of the Philippines, the universally law, reflective of our system of accepted principles of human rights, national government and national government agencies, particularly on life prescribed by our faith, and in liberty, justice, democracy, and the human rights, peace and order, external defense, and external economic harmony with our customary laws, norms and standards of international agreements; cultures and traditions; law, reflective of our system of • highlighting the supremacy of the Philippine Constitution, sovereignty and life prescribed by our faith, and in territorial integrity; harmony with our customary laws, • deletion of provisions for a titular head; cultures and traditions; • applying the Indigenous Peoples’ Rights Act, the UN Declaration of the Rights of Indigenous Peoples, and the United Nations Declaration on Hu- man Rights in recognizing non-Moro IP constituents; Article I Article I • and the national government having authority over strategic minerals such NAME AND PURPOSE NAME AND PURPOSE as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy. Section 1. Short Tile. – This law SECTION 1. Short Title.– This law In a report in the Philippine government's Official Gazette, the Office of the shall be known and cited as the shall be known and cited as the “Bangsamoro Basic Law.” “Basic Law of the Bangsamoro Autonomous Region.”

Section 2. Name. – The name of the SEC. 2. Name. – The name of the political entity under this Basic Law political entity under this Basic shall be the Bangsamoro. Law shall be the Bangsamoro Autonomous Region.

Article III Article III TERRITORY GEOGRAPHICAL AREA OF THE BANGSAMORO AUTONOMOUS REGION

Section 3. Contiguous Territory. – SEC. 3. Contiguous Territory. The areas which are contiguous and – Any local government unit outside the core territory may opt at or geographic area outside any time to be part of the territory the territorial jurisdiction of upon petition of at least ten (10%) of the Bangsamoro but which are the registered voters and approved contiguous to any of the component by a majority of qualified votes cast units of the Bangsamoro and within Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos in a plebiscite. the area of autonomy identified in the 1976 Tripoli Agreement, may opt to be part of the Bangsamoro Presidential Adviser on the Peace Process quoted Philippine chief peace nego- by filing a petition of at least ten tiator Miriam Coronel Ferrer as praising HB 5811 for retaining the three most percent (10%) of the registered substantive elements of the BBL. voters of the interested local “The important elements are still there, notably the structure of government; government unit or geographic the automatic block grant; and the layered voting process through which the area. The inclusion of the local majority vote in the six Lanao del Norte municipalities and 39 North Cotabato government unit or geographic area in the Bangsamoro shall barangays shall be determined at the level of the local government unit,” she said. be effective upon approval by a Ferrer also said the substitute bill preserves the spirit of political and fiscal majority of the votes cast in the autonomy. plebiscite of the political units She cited a provision for the Chief Minister to have two deputies, one from the directly affected. Petitions for island provinces and another from central Mindanao, as a substantial change. inclusion may only be filed on the “The welfare of the indigenous peoples has been enhanced. The same is true fifth (5th) and tenth (10th) year following the enactment of this Basic with the protection of women’s rights and welfare. While there were cutbacks Law. on the jurisdiction of the Bangsamoro government over natural resources, the The schedule of the plebiscite wealth-sharing from the exploration, development, and utilization of these shall be determined by the resources were not changed,” Ferrer was quoted in the gazette. Commission on Elections. ------Email the author at [email protected]. UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 11 Salient Deletions and Amendments to the Original HB 4994 to Conform to the Philippine Constitution Rep. Rufus B. Rodriguez Chairman, Ad Hoc Committee on the Bangsamoro Basic Law

HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811 HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811

Article IV Article IV 8. Civil Service. – The Bangsamoro h. Civil Service. – The Bangsamoro GENERAL PRINCIPLES GENERAL PRINCIPLES Government shall develop and Government shall develop and AND POLICIES AND POLICIES administer a professional civil administer a professional civil service corps, to include the powers service corps, to include the powers Section 5. Promotion of Unity. - SEC. 5. Promotion of Unity. – The and privileges on civil service and privileges on civil service The Bangsamoro Government shall Bangsamoro Government shall matters provided in R.A. No. 9054, matters provided in Republic Act promote unity, peace, justice, and promote unity, peace, justice, and and without prejudice to the power, No. 9054, and without prejudice to goodwill among all peoples, as well goodwill among all peoples, as well authority, and duty of the national the power, authority and duty of the as encourage a just and peaceful as encourage a just and peaceful Civil Service Commission. Civil Service Commission. settlement of disputes. settlement of disputes. There is hereby created a There is hereby created a The Bangsamoro abides by the (2nd paragraph is Deleted) Bangsamoro Civil Service office Civil Service Office for the principle that the country renounces that shall develop and administer Bangsamoro Autonomous Region war as an instrument of national a professional civil service corps, that shall develop and administer policy, adopts the generally accepted without prejudice to the power, a professional civil service principles of international law as part authority and duty of the national corps, without prejudice to the of the law of the land and adheres to Civil Service Commission. The power, authority, and duty of the the policy of peace, equality, justice, Bangsamoro Government shall Civil Service Commission. The freedom, cooperation, and amity with enact a civil service law for this Bangsamoro Government shall all nations. purpose. This law shall govern enact a civil service law for this the conduct of civil servants, purpose. This law shall govern the qualification for non-elective the conduct of civil servants, Article V Article V positions, adopt the merit and the qualification for non-elective POWERS OF GOVERNMENT POWERS OF GOVERNMENT fitness system, and protect positions, the merit and fitness civil service eligible in various system, and the protection of government positions, including civil service eligibles in various Section 1. Reserved Powers. – SECTION 1. Reserved Powers. – government-owned and/or government positions, including Reserved powers are matters over Reserved powers are matters over controlled corporations with original government-owned and/or which authority and jurisdiction are which authority and jurisdiction charters, in the Bangsamoro. controlled corporations with original retained by the Central Government. are retained exclusively by the The Bangsamoro Government charters, in the Bangsamoro The Central Government shall National Government. The National shall have primary disciplinary Autonomous Region. The Civil exercise the following reserved Government shall exercise the authority over its own officials and Service Office will be monitored, powers: following reserved powers: 1. Defense and external security; 1. National defense and national employees. regulated, and supervised by the 2. Foreign policy; security; Civil Service Commission. 3. Coinage and monetary policy; 2. Foreign policy; The Bangsamoro Government 4. Postal service; 3. Banking, coinage and monetary shall have disciplinary authority 5. Citizenship and naturalization; policy; over its own officials and 6. Immigration; 4. Postal service; employees. The disciplining 7. Customs and tariff as qualified 5. Citizenship and naturalization; authority of the Bangsamoro by Section 2(10), Article V of this 6. Immigration; Government over its own officials Basic Law; 7. Powers of the Ombudsman; and employees is without prejudice 8. Common market and global 8. Customs and tariff as qualified to the Constitutional powers, duties, trade, provided that the power to by Section 2 (10), Article V of this and authority of the Office of the enter into economic agreements Basic Law; Ombudsman to investigate any act given to the ARMM under R.A. 9. Common market and global trade, or omission of any public official, 9054 is hereby transferred to provided that the power to enter employee, office, or agency. the Bangsamoro Government as into economic agreements given to provided in Article XII, Section 25 the Autonomous Region of Muslim of this Basic Law; and Mindanao (ARMM) under Republic 9. Intellectual property rights. Act No. 9054 is hereby transferred to the Bangsamoro Government as provided in Section 25, Article XII Article VI Article VI of this Basic Law; INTERGOVERNMENTAL RELATIONS INTERGOVERNMENTAL RELATIONS 10. Intellectual property rights; and 11. All other powers not granted to the Bangsamoro Government by Section 1. Asymmetric SECTION 1. Asymmetric this Basic Law. Relationship. – The relationship Relationship. – The relationship between the Central Government between the National Government and the Bangsamoro Government and the Bangsamoro Government shall be asymmetric. This is is asymmetric. This is reflective of Section 2. Concurrent Powers. – SEC. 2. Concurrent Powers. – reflective of the recognition of their the recognition of the Bangsamoro Concurrent powers shall refer to the Concurrent powers refer to the Bangsamoro identity, and their identity and the aspiration for power shared between the Central powers shared between the National aspiration for self-governance. This self-governance. This makes Government and the Bangsamoro Government and the Bangsamoro makes it distinct from other regions it distinct from other regions Government within the Bangsamoro, Government within the Bangsamoro and other local governments. and other local governments. as provided in the Basic Law. as provided in this Basic Law. Asymmetric relationship refers The Central Government and The National Government and to the relationship between the the Bangsamoro Government shall the Bangsamoro Government shall National Government and the exercise shared powers within the exercise shared powers within the Bangsamoro Government as an Bangsamoro on the following matters: Bangsamoro on the following matters: autonomous region, as provided under Section 15, Article X of the 1987 Constitution, wherein the autonomous regions are 7. Auditing. – The Bangsamoro g. Auditing. – The Bangsamoro granted more powers and less auditing body shall have auditing auditing body shall have intervention from the National responsibility over public funds internal auditing responsibility Government compared to utilized by the Bangsamoro, without over revenues and other funds other territorial and political prejudice to the power, authority and generated within or by the region subdivisions. duty of the National Commission from external sources. This on Audit (COA). The Bangsamoro shall be without prejudice to the Government shall ensure power, authority, and duty of the transparency mechanisms consistent Commission on Audit to examine, with open government practices. audit, and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including government-owned and -controlled corporations (GOCCs). Continued on page 12 12 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Salient Deletions and Amendments to the Original HB 4994... continued from page 11

HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811 HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811 Article VII Article VII Section 6. Customary Rights and SEC. 6. Customary Rights and THE BANGSAMORO GOVERNMENT THE BANGSAMORO GOVERNMENT Tradition. – The customs, beliefs Traditions. – The customs, beliefs and traditions of the people in the and traditions of the people in the Section 9. Bangsamoro Electoral SEC. 10. Bangsamoro Electoral Code. Bangsamoro are hereby recognized, Bangsamoro Autonomous Region Code. – The Bangsamoro Transition – The Bangsamoro Transition Authority protected and guaranteed. are hereby recognized, protected and Authority shall enact the Bangsamoro shall enact the Bangsamoro Electoral The Bangsamoro Parliament shall guaranteed. Electoral Code, which shall be correlated Code, which shall be correlated to adopt measures to ensure mutual The Bangsamoro Parliament shall to national election laws, insofar as these national election laws, insofar as these respect and protection of the distinct adopt measures to ensure mutual are consistent with this Basic Law. The are consistent with this Basic Law. The beliefs, customs and traditions of the respect and protection of the distinct electoral system shall allow democratic electoral system shall allow democratic Bangsamoro people and the other beliefs, customs and traditions of the participation, ensure accountability of participation, ensure accountability inhabitants in the Bangsamoro. Bangsamoro people and the other public officers primarily to their constituents of public officers primarily to their No person in the Bangsamoro inhabitants in the Bangsamoro. and encourage formation of genuinely constituents and encourage formation shall be subjected to any form of No person in the Bangsamoro principled political parties. of genuinely principled political parties. discrimination on account of creed, Autonomous Region shall be There is hereby created a Bangsamoro There is hereby created a religion, ethnic origin, parentage, or subjected to any form of discrimination Electoral Office which shall be a part of the Bangsamoro Electoral Office which sex. on account of creed, religion, ethnic Commission on Elections, and which shall shall be the Regional Office of the origin, parentage, or sex. perform the functions of the Commission Commission on Elections, and which on Elections in the Bangsamoro. The shall perform the functions of the Bangsamoro Parliament shall submit Commission on Elections in the a list of three (3) recommendees to the Bangsamoro Autonomous Region. In Section 7. Bangsamoro Human SEC. 7. Bangsamoro Human Rights President, who shall choose and appoint addition to enforcing national election Rights Commission. – There is Commission. – There is hereby from among them the Director General, laws in the Bangsamoro Autonomous hereby created a Bangsamoro created a Bangsamoro Human who shall head the Office. In addition to Region, the Bangsamoro Electoral Human Rights Commission, which Rights Commission, which shall be enforcing national election laws in the Office shall likewise implement the shall be independent and impartial, to impartial, to ensure the promotion Bangsamoro Electoral Code enacted by Bangsamoro Electoral Code enacted ensure the promotion and protection and protection of human rights Parliament in the Bangsamoro, and shall by the Bangsamoro Parliament, and of human rights in the Bangsamoro. in the Bangsamoro Autonomous perform the following functions: shall perform the following functions: In the performance of its mandate, Region. In the performance of its XXX XXX XXX XXX XXX XXX the Commission may exercise, mandate, the Bangsamoro Human among others, investigatory powers, Rights Commission may exercise, prosecutorial powers and powers to among others, investigatory powers, Article VIII (All 4 sections on Wali are deleted) compel attendance of witnesses and and powers to compel attendance WALI the production of evidence. of witnesses and the production of The Commission shall submit a evidence. Section 1. Titular Head of the (Deleted) report on its activities and performance The Bangsamoro Human Rights Bangsamoro. – There shall be a Wali at least once a year to the Commission shall submit a report who shall be the titular head of the Bangsamoro Parliament. Other state on its activities and performance Bangsamoro. As titular head, the Wali instrumentalities in the Bangsamoro at least once a year to the shall take on only ceremonial functions. shall assist the Commission and Bangsamoro Parliament. Other state The Wali, as part of the Bangsamoro ensure its independence, impartiality, instrumentalities in the Bangsamoro Government, shall be under the general dignity and effectiveness. The shall assist the Bangsamoro Human supervision of the President. Commission shall have a coordinative Rights Commission and ensure its and complementary relationship with independence, impartiality, dignity the National Commission on Human and effectiveness. The Bangsamoro Section 2. Appointment of Wali. – The (Deleted) Rights in carrying out its mandate. Human Rights Commission shall be Bangsamoro Parliament shall issue a Details pertaining to the independent from the Bangsamoro resolution reflecting its consensus on the establishment of the Commission, such Government and shall be under the selection of the Wali from a list of names as membership of the Commission, supervision of the Commission on of eminent residents of the Bangsamoro terms of office, and competencies and Human Rights in carrying out its submitted by the Council of Leaders. responsibilities, shall be provided by mandate. the Bangsamoro Parliament consistent Details pertaining to the with the provisions of the Basic Law. establishment of the Bangsamoro Section 3. Term of Office Wali.– The (Deleted) Human Rights Commission, such first Wali shall be appointed by the as membership, terms of office, and Bangsamoro Transition Authority (BTA) competencies and responsibilities, and shall hold office for three (3) years. shall be provided by the Bangsamoro Each succeeding Wali shall have a term Parliament consistent with the of six (6) years. provisions of this Basic Law.

Section 4. Allowances of the Wali. – (Deleted) Article XI Article XI The first Wali shall receive allowances PUBLIC ORDER AND SAFETY PUBLIC ORDER AND SAFETY in such amount as may be determined by the BTA. The allowances of the Wali subsequently chosen shall be determined Section 1. Public Order and Safety. SECTION 1. Public Order and Safety. by the Bangsamoro Parliament. – The Bangsamoro Government – The Bangsamoro Government Such allowances shall be sourced shall have primary responsibility shall have joint responsibility with from the funds of the Bangsamoro over public order and safety within the National Government over Government and shall be provided for in the Bangsamoro. There shall be public order and safety within the its annual appropriations law. cooperation and coordination between Bangsamoro Autonomous Region. the Central Government and the Bangsamoro Government through Article IX Article IX the intergovernmental relations BASIC RIGHTS BASIC RIGHTS mechanism.

Section 5. Indigenous People’s SEC. 5. Non-Moro Indigenous People’s Rights. – The Bangsamoro Government Rights. – The Bangsamoro Government Section 2. Bangsamoro Police. – SEC. 2. Bangsamoro Police. – There recognizes the rights of the indigenous recognizes the rights of the non-Moro There is hereby created a Bangsamoro is hereby created a Bangsamoro peoples, and shall adopt measures for indigenous peoples, and shall adopt Police which shall be organized, Police which shall be organized, the promotion and protection of their measures for the promotion and protection maintained, supervised, and utilized maintained, supervised, and utilized rights, the right to their native titles and/ of their rights, the right to their native titles for the primary purpose of law by, and be an integral part of the or fusaka inged, indigenous customs or fusaka inged, indigenous customs and enforcement and maintenance of Philippine National Police. Its primary and traditions, justice systems and traditions, justice systems and indigenous peace and order in the Bangsamoro. It purpose is law enforcement and indigenous political structures, the right to political structures, the right to an equitable shall be part of the Philippine National maintenance of peace and order in the an equitable share in revenues from the share in revenues from the utilization of Police. Bangsamoro Autonomous Region in utilization of resources in their ancestral resources in their ancestral lands, the right XXX XXX XXX accordance with the Constitution and lands, the right to free and prior informed to free and prior informed consent, right to existing laws. consent, right to the political participation political participation in the Bangsamoro XXX XXX XXX in the Bangsamoro Government Government including reserved seats for including reserved seats and the right to the non-Moro indigenous peoples in the freedom of choice as to their identity. Bangsamoro Parliament, the right to basic services and the right to freedom of choice Section 14. National Support (Deleted) as to their identity in accordance with Services. – The relationship between the Indigenous Peoples’ Rights Act, the Bangsamoro Police and the the Untied Nations Declaration of the national support services of the Rights of Indigenous Peoples and the Philippine National Police shall be United Nations Declaration on Human determined by the intergovernmental Rights. relations body. Continued on page 13 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 13

Salient Deletions and Amendments to the Original HB 4994... continued from page 12

HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811 HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811

Section 15. Defense and Security. SEC. 14. Defense and Security. Economic Agreements and Economic Agreements and – The defense and security of the - The defense and security of the Conventions Conventions Bangsamoro shall be the responsibility Bangsamoro shall be the responsibility Section 25. Economic Agreements. SEC. 25. Economic Agreements. – of the Central Government. The Central of the National Government. The – The Bangsamoro government may The Bangsamoro Government may Government may create a Bangsamoro National Government may create enter into economic agreements and enter into economic agreements and Command of the Armed Forces of a unit or units of the Armed receive benefits and grants derived receive benefits and grants derived the Philippines for the Bangsamoro, Forces of the Philippines for therefrom subject to the reserved therefrom subject to the approval of which shall be organized, maintained, the Bangsamoro, which shall powers of the Central Government over the National Government. and utilized in accordance with be organized, maintained, and foreign affairs. national laws. Qualified inhabitants utilized in accordance with national of the Bangsamoro shall be given laws. Qualified inhabitants of the Article XIII Article XIII preference for assignments in the said Bangsamoro shall be given preference ECONOMY AND PATRIMONY ECONOMY AND PATRIMONY Bangsamoro Command. for assignments in the unit or units of the Armed Forces of the Philippines. Natural Resources Natural Resources Section 8. Natural Resources, Nature SEC. 8. Natural Resources. – The Reserves and Protected Areas. – Bangsamoro Government shall have the Section 17. Coordination. – The (Deleted) The Bangsamoro Government shall authority, power, and right to the control Central Government and the have the authority, power, and right and supervision over the exploration, Bangsamoro Government shall to explore, develop and utilize the utilization, development, and protection establish coordination protocols, which natural resources, including surface of the mines and minerals and shall govern the movement of the and sub-surface rights, inland waters, other natural resources within the Armed Forces of the Philippines in the coastal waters, and renewable and Bangsamoro Autonomous Region in Bangsamoro. non-renewable resources in the accordance with the Constitution and Bangsamoro. the pertinent provisions of this Basic Article XII Article XII XXX XXX XXX Law except for the strategic minerals FISCAL AUTONOMY FISCAL AUTONOMY such as uranium, petroleum, and other fossil fuels, mineral oils, and all Section 2. Auditing. – All public SEC. 2. Auditing. – There is sources of potential energy, provided funds of the Bangsamoro are subject hereby created an internal that the Bangsamoro Government shall to auditing. For this purpose, a auditing body with procedures be consulted. Bangsamoro Commission on Audit for accountability over revenues (BCA) is hereby created. It shall have and other funds generated within the power, authority, and duty to or by the region from external Section 10. Exploration, Development, (Deleted) examine, audit and settle all accounts sources. This shall be without and Utilization of Fossil Fuels pertaining to revenue and receipts of, prejudice to the power, authority, and Uranium. – The Bangsamoro and expenditures or uses of funds and and duty of the Commission on Government and the Central Government property, owned or held in trust by, or Audit to examine, audit, and shall jointly exercise the power to grant pertaining to the public funds utilized by settle all accounts pertaining rights, privileges and concessions over the the Bangsamoro. The utilization of the to the revenues and the use of exploration, development and utilization revenue generated by the Bangsamoro funds and property owned and of fossil fuels (petroleum, natural gas, and Government and block grants or held in trust by any government coal) and uranium in the Bangsamoro. subsidies from foreign or domestic instrumentality, including The Central Government, through donors shall be subject to the auditing government-owned or –controlled the Department of Energy (DOE), and rules and regulation of the Bangsamoro corporations. the Bangsamoro Government shall Government and to auditing by the adopt a competitive and transparent BCA auditors. process for the grant of rights, privileges The BCA’s power, authority and duty and concessions in the exploration, shall be without prejudice to the power, development and utilization of fossil fuels authority and duty of the Commission and uranium. on Audit (COA) to examine, audit and The DOE and the Bangsamoro settle all accounts, pertaining to the Government will identify and select revenues and the use of funds and prospective contract areas to be offered property owned and held in trust by any for exploration and development. government instrumentality, including A qualified Filipino citizen who is GOCC’s. bona fide resident of the Bangsamoro With due regard to the BCA’s will receive a rating higher than other responsibility to ensure the judicious proponents during the evaluation process. use of funds within the Bangsamoro, The award of the service contract shall disbursement vouchers of the be made jointly by the DOE and the Bangsamoro Government shall be Bangsamoro Government. submitted immediately to the BCA. Article XV Article XV PLEBISCITE PLEBISCITE Loans Loans Section 22. Foreign and Domestic SEC. 22. Foreign and Domestic Section 4. Plebiscite for Joining SEC. 4. Plebiscite for Joining the Loans; Bills, Bonds, Notes and Loans; Bills, Bonds, Notes and the Bangsamoro. – Any local Bangsamoro Autonomous Region – Obligations. – Obligations. – government unit or geographic area Any local government unit or geographic XXX XXX XXX XXX XXX XXX outside the territorial jurisdiction of the area outside the territorial jurisdiction of Subject to acceptable credit Subject to acceptable credit worthiness, Bangsamoro, but which are contiguous the Bangsamoro Autonomous Region, worthiness, such loans may be such loans may be secured from to any of the component units of the but which are contiguous to any of the secured from domestic and foreign domestic and foreign lending Bangsamoro, upon a verified petition component units of the Bangsamoro lending institutions, except foreign and institutions, in accordance with for the conduct of a plebiscite of at least Autonomous Region and within the area domestic loans requiring sovereign the Constitution. The Bangsamoro ten percent (10%) of the registered of autonomy identified in the 1976 Tripoli guaranty, whether explicit or implicit, Parliament may authorize the Chief voters, submitted to the Bangsamoro agreement, may opt to be part of the which would require the approval of the Minister to contract such domestic or Electoral Office. Bangsamoro Autonomous Region, upon Central Government. The Bangsamoro foreign loans. The loans so contracted Provided that, the inclusion of said a verified petition for the conduct of a Parliament may authorize the Chief may take effect upon approval by a local government unit or geographic plebiscite of at least ten percent (10%) Minister to contract such domestic or majority of all the members of the area in the Bangsamoro shall be of the registered voters of the interested foreign loans. The loans so contracted Bangsamoro Parliament. effective when approved by a majority local government units or geographical may take effect upon approval by a XXX XXX XXX of the registered voters within that local areas; Provided, That the inclusion of the majority of all the members of the government unit in the plebiscite called local government unit or geographic area Bangsamoro Parliament. for the purpose. in the Bangsamoro Autonomous Region XXX XXX XXX Provided further that the schedule shall be effective when approved by a of the plebiscite shall be determined majority of the votes cast in the plebiscite by the COMELEC through the called for the purpose in the political units Bangsamoro Electoral Office. directly affected: Provided further, That Section 23. Overseas Development SEC. 23. Overseas Development petitions for inclusion may only be filed Assistance. – In its efforts to achieve Assistance. – In its efforts to achieve on the fifth (5th) and tenth (10th) year inclusive growth and poverty reduction, inclusive growth and poverty reduction, following the enactment of this Basic Law: through the implementation of priority through the implementation of priority and, Provided finally, That no petition for development projects, the Bangsamoro development projects, the Bangsamoro joining the Bangsamoro Autonomous Government may avail directly of Government may avail of international Region shall be entertained within five Overseas Development Assistance assistance in accordance with the (5) years following the enactment of this (ODA). The Bangsamoro Parliament Overseas Development Assistance Basic Law. may enact legislation governing ODA. Law. (last sentence deleted) The schedule of the plebiscite shall be determined by the Comelec. 14 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 Matrix on the Bangsamoro Basic Law

Senate Bill No. 2408 Senate Bill No. 2894 Bangsamoro Basic Law Bangsamoro Autonomous Region Sen. Ferdinand “Bongbong” R. Marcos, Jr. (as filed) (Committee Report No. 200)

Section 3. Purpose. – The purpose of this Basic SEC. 3.Purpose. – The purpose of this n 12 August 2015, Sen. Ferdinand Marcos sponsored Senate Bill 2894, or Law is to establish a political entity, provide for Basic Law is to establish the Bangsamoro O"An Act Providing for the Basic Law for the Bangsamoro Autonomous its basic structure of government in recognition Autonomous Region in accordance with the Region," and dedicated it to SAF 44 and their families. This was contained in of the justness and legitimacy of the cause of the provisions of the 1987 Philippine Constitution Bangsamoro people and their aspiration to chart and the aspirations of the Muslim Filipinos and Committee Report 200 which he filed on 10 August 2015. their political future through a democratic process all indigenous cultural communities for local Sen. Marcos' bill is a substitute to Senate Bill 2408 which Malacanang sub- that will secure their identity and posterity and self-governance. mitted to the Senate and referred to the Committee on Local Government on 15 allow for meaningful self-governance. September 2014. The matrix below highlights some of the changes/amendments to the origi- Article II ARTICLE II nal SB 2408. View the entire matrix at http://www.up.edu.ph/wp-content/up- BANGSAMORO IDENTITY BANGSAMORO IDENTITY loads/2015/09/Matrix_BBL_August-11-2015.pdf. Section 1. Bangsamoro People. – Those who SEC. 4.Bangsamoro People. – Those who at the time at the time of conquest and colonization were of conquest and colonization of the Philippines by the Senate Bill No. 2408 Senate Bill No. 2894 considered natives or original inhabitants of Spaniards considered themselves natives or original Mindanao and the Sulu archipelago and its inhabitants of Mindanao, whether of mixed or of full Bangsamoro Bangsamoro Autonomous Region adjacent islands including Palawan, and their blood: Provided, That the foregoing profess the faith Basic Law (Committee Report No. 200) descendants, whether of mixed or of full blood, of Islam shall have the right to identify themselves as (as filed) (Prepared jointly by the Local Government; Peace, shall have the right to identify themselves as Bangsamoro. Spouses and their descendants, at their Bangsamoro by ascription or self-ascription. option, shall also be part of Bangsamoro Autonomous (Introduced by Senators Franklin Unification & Reconciliation; and Constitutional Spouses and their descendants are classified as Region. This provision shall not in any way derogate M. Drilon, Vicente C. Sotto III, Loren Amendments & Revision of Codes, with Senators Bangsamoro. from the provisions of Article IV of the 1987 Legarda, Ralph G. Recto, Maria Lourdes Franklin M. Drilon, Vicente C. Sotto III, Loren Philippine Constitution. Nancy S. Binay, Francis G. Escudero, Legarda, Ralph G. Recto, Maria Lourdes Nancy S. Paolo Benigno "Bam" Aquino IV, Sonny Binay, Francis G. Escudero, Paolo Benigno "Bam" Angara, Pia S. Cayetano, Gregorio B. Ho- Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio B. Honasan II, Teofisto "TG" Guingona III, Ferdinand nasan II and Teofisto "TG" Guingona III) Section 2. Freedom of Choice. – The freedom of R. Marcos, Jr. and Miriam Defensor Santiago) choice of other indigenous peoples shall be respected.

AN ACT PROVIDING FOR THE BASIC “AN ACT PROVIDING FOR THE LAW FOR THE BANGSAMORO AND BASIC LAW FOR THE BANGSAMORO ABOLISHING THE AUTONOMOUS REGION AUTONOMOUS REGION AND ABOLISHING SEC. 5.Non-Moro Indigenous Cultural IN MUSLIM MINDANAO, REPEALING FOR THE AUTONOMOUS REGION IN MUSLIM Communities – The rights of Non-Moro THE PURPOSE REPUBLIC ACT NO. 9054, MINDANAO, REPEALING FOR THE PURPOSE Indigenous Cultural Communities as provided ENTITLED “AN ACT TO STRENGTHEN REPUBLIC ACT NO. 9054, ENTITLED “AN for in Republic Act (RA) No. 8371 or the AND EXPAND THE ORGANIC ACT FOR ACT TO STRENGTHEN AND EXPAND THE Indigenous Peoples Rights Act (IPRA) of 1997 THE AUTONOMOUS REGION IN MUSLIM ORGANIC ACT FOR THE AUTONOMOUS and other related laws shall in no way be impaired, MINDANAO,” AND REPUBLIC ACT NO. REGION IN MUSLIM MINDANAO,” AND diluted or diminished, even when such Non- 6734, ENTITLED “AN ACT PROVIDING REPUBLIC ACT NO. 6734, ENTITLED “AN Moro Indigenous Cultural Communities are FOR AN ORGANIC ACT FOR THE ACT PROVIDING FOR AN ORGANIC ACT FOR situated within the confines of the Bangsamoro AUTONOMOUS REGION IN MUSLIM THE AUTONOMOUS REGION IN MUSLIM Autonomous Region. MINDANAO,” AND FOR OTHER PURPOSES MINDANAO,” AND FOR OTHER PURPOSES”

PREAMBLE Section 3. Bangsamoro Symbol. – The SEC. 6.Bangsamoro Symbol. – The We, the Bangsamoro people and other inhabitants Bangsamoro Parliament shall adopt the official Bangsamoro Parliament shall adopt the official of the Bangsamoro, imploring the aid of the flag, emblem and anthem of the Bangsamoro. flag, emblem, administrative seal, and anthem Almighty, aspiring to establish an enduring peace on of the Bangsamoro Autonomous Region. the basis of justice in our communities and a justly balanced society, and asserting our right to conserve and develop our patrimony; SEC. 7.Traditional Islamic Institutions – The In consonance with the Constitution and the prerogatives enjoyed by traditional Islamic universally accepted principles of human rights, institutions such as the sultanates shall be liberty, justice, democracy, and the norms and maintained; the lawful representatives of such standards of international law, reflective of our system institutions shall be consulted by the legislature of life prescribed by our faith, and in harmony with and the executive in matters relating to the our customary laws, cultures and traditions; enactment and the implementation of law for Affirming the distinct historical identity and the Bangsamoro Autonomous Region; such birthright of the Bangsamoro people to their ancestral institutions shall, without need of invitation or homeland and their right to self-determination— request or summons, have the right to submit beginning with the struggle for freedom of their position papers, memoranda and proposals to forefathers in generations past and extending to the Congress and to the Executive. present—to chart their political future through a democratic process that will secure their identity and posterity, and allow for genuine and meaningful self- Article III ARTICLE III governance as stipulated under the Comprehensive TERRITORY GEOGRAPHICAL AREA OF THE Agreement on the Bangsamoro (CAB); BANGSAMORO AUTONOMOUS REGION With the blessings of the Almighty, do hereby Section 1. Definition of Territory - Territory ordain and promulgate this Bangsamoro Basic refers to the land mass as well as the maritime, SEC. 8. Definition of Geographical Area Law, through the Congress of the Republic of the terrestrial, fluvial and alluvial domains, and of the Bangsamoro Autonomous Region – Philippines, as the basic law of the Bangsamoro that the aerial domain above it. The Bangsamoro Geographical area refers to the land mass as establishes the asymmetrical political relationship territory shall remain a part of the Philippines. well as the waters over which the Bangsamoro with the Central Government founded on the Autonomous Region has jurisdiction. The area principles of subsidiarity and parity of esteem. of the Bangsamoro Autonomous Region shall remain a part of the Philippines. ARTICLE I ARTICLE I NAME AND PURPOSE NAME AND PURPOSE Section 2. Core Territory – The core territory SEC. 9. Geographical Area Of The Section 1. Short Title.– This law shall be SEC. 1.Short Title.– This law shall be of the Bangsamoro shall be composed of: Bangsamoro Autonomous Region – The known and cited as the “Bangsamoro Basic known and cited as the “Basic Law for the a. the present geographical area of the geographical area of the Bangsamoro Law.” Bangsamoro Autonomous Region.” Autonomous Region in Muslim Mindanao; Autonomous Region shall be composed of: b. the Municipalities of Baloi, Munai, a. the present geographical area of the Nunungan, Pantar, Tagoloan and Tangkal Autonomous Region in Muslim Section 2. Name. – The name of the political SEC. 2. Name. – The name of the political in the province of Lanao del Norte and all Mindanao (ARMM); entity under this Basic Law shall be the subdivision under this Basic Law shall be the other barangays in the Municipalities of b. the cities of Cotabato and Isabela; and Bangsamoro. Bangsamoro Autonomous Region. Kabacan, Carmen, Aleosan, Pigkawayan, c. any province or city which are contiguous As used in this law, the “Bangsamoro Pikit and Midsayap that voted for inclusion and outside the geographical area of the Autonomous Region” is the political subdivision in the ARMM during the 2001 plebiscite; present ARMM where there is resolution created by the Bangsamoro Basic Law which is an c. the cities of Cotabato and Isabela; and of the local government unit or a petition Autonomous Region as provided in Sec. 15, Article d. all other contiguous areas where there is of at least ten percent (10%) of the X of the 1987 Philippine Constitution, with the resolution of the local government unit or registered voters in the area asking for powers and functions as provided under this law and a petition of at least ten percent (10%) of their inclusion at least two months prior other related laws. The Bangsamoro Autonomous the registered voters in the area asking for to the conduct of a plebiscite of the Basic Region forms an inalienable part of the Philippines. their inclusion at least two months prior Law for the Bangsamoro Autonomous UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 15

Senate Bill No. 2408 Senate Bill No. 2894 Senate Bill No. 2408 Senate Bill No. 2894 Bangsamoro Basic Law Bangsamoro Autonomous Region Bangsamoro Basic Law Bangsamoro Autonomous Region (as filed) (Committee Report No. 200) (as filed) (Committee Report No. 200)

to the conduct of the ratification of the Region and the process of delimitation of Section 4. Civilian Government. Governance in Bangsamoro Basic Law and the process the Bangsamoro geographical area. the Bangsamoro is the responsibility of the duly- of delimitation of the Bangsamoro. In order to ensure the widest acceptability elected civilian government. Civilian authority is, In order to ensure the widest acceptability of the Basic Law of Bangsamoro Autonomous at all times, supreme over the military. of the Bangsamoro Basic Law in the core Region in the geographical areas above- areas above-mentioned, a popular ratification mentioned, a plebiscite shall be conducted for shall be conducted among all the Bangsamoro this purpose in the political subdivision directly within the areas for their adoption. affected. Section 5. Promotion of Unity. The Bangsamoro SEC. 15. Promotion Of Unity. The Bangsamoro government shall promote unity, peace, justice, and regional government shall promote unity, peace, goodwill among all peoples, as well as encourage a justice, and goodwill among all peoples, as well as just and peaceful settlement of disputes. encourage a just and peaceful settlement of disputes. Section 3. Contiguous Territory – The areas The Bangsamoro abides by the principle that the The Bangsamoro regional government which are contiguous and outside the core territory country renounces war as an instrument of national renounces war as an instrument of national may opt at anytime to be part of the territory policy, adopts the generally accepted principles of policy, adopts the generally accepted principles of upon petition of at least ten percent (10%) of the international law as part of the law of the land and international law as part of the law of the land and registered voters and approved by a majority of adheres to the policy of peace, equality, justice, adheres to the policy of peace, equality, justice, qualified votes cast in a plebiscite. freedom, cooperation, and amity with all nations. freedom, cooperation, and amity with all nations.

Section 4. Inland Waters. – All inland Section 6. Promotion of Right. - The Bangsamoro waters, such as lakes, rivers, river systems, and shall adhere to the principle of enjoining what is streams within the Bangsamoro territory shall right and forbidding what is wrong. be part of the Bangsamoro. The preservation and management thereof shall be under the jurisdiction of the Bangsamoro government. Section 7. Social Justice. - The Bangsamoro SEC. 16. Social Justice. - The Bangsamoro shall establish a government that ensures that regional government shall enact measures that Section 5. Bangsamoro Waters – The SEC. 10. Bangsamoro Autonomous Region every citizen in the Bangsamoro is provided the protect and enhance the right of all people to human Bangsamoro waters shall extend up to 22.224 Waters – The Bangsamoro Autonomous Region basic necessities and equal opportunities in life. dignity, reduce social, economic and political kilometers (12 nautical miles) from the low- waters shall extend up to 22.224 kilometers Social justice shall be promoted in all phases inequalities, and remove cultural inequities by water mark of the coasts that are part of the (12 nautical miles) from the low-water mark of development and facets of life within the equitably diffusing wealth and political power for Bangsamoro territory. The Bangsamoro Waters of the coasts that are part of the Bangsamoro Bangsamoro. the common good for its constituents. shall be part of the territorial jurisdiction of the geographical area. Nothing in this Section Bangsamoro political entity. shall diminish the powers, functions, rights and Where a constituent local government unit privileges already enjoyed by the municipalities Section 8. International Treaties and SEC. 17. International Treaties And Agreements. of the Bangsamoro and an adjoining local over their municipal waters as provided under RA Agreements. - The Bangsamoro government shall - The Bangsamoro regional government shall government unit are so situated on the opposite No. 7160 also known as the Local Government respect and adhere to all international treaties and respect and adhere to all international treaties and shores such that there is thirty (30) kilometers Code of 1991, and RA No. 8550, otherwise known agreements binding upon the central government. agreements binding upon the national government. of waters or less between them, a line equally as the Philippine Fisheries Code of the Philippines. distant from the opposite shores shall be drawn Where a constituent local government unit to demarcate the Bangsamoro Waters and of the Bangsamoro Autonomous Region and an SEC. 18. Declaration On the Rights Of Non- the municipal waters of the adjoining local adjoining local government unit are so situated on Moro Indigenous Peoples – The Bangsamoro government unit. the opposite shores such that there is thirty (30) regional government recognizes and promotes Should they be so situated that there is kilometers of waters or less between them, a line the rights of Non-Moro indigenous peoples more than thirty (30) kilometers but less than equally distant from the opposite shores shall be within the framework of the 1987 Philippine 37.224 kilometers of waters between them, drawn to demarcate the Bangsamoro Autonomous Constitution and national laws. a line shall be drawn at the edge of the 15 Region waters and the municipal waters of the kilometers municipal waters of the adjoining adjoining local government unit. local government unit to demarcate it from the Should they be so situated that there is more Article V ARTICLE V Bangsamoro Waters. than thirty (30) kilometers but less than 37 POWERS OF GOVERNMENT POWERS OF GOVERNMENT Ten years after the passage of this Basic kilometers of waters between them, a line shall be Law, the central government and the drawn at the edge of the 15 kilometers municipal Section 1. Reserved Powers. – Reserved SEC. 19. Reserved Powers. – Reserved powers are Bangsamoro government shall discuss the waters of the adjoining local government unit to powers are matters over which authority matters over which authority and jurisdiction are enhancement of the area of the Bangsamoro demarcate it from the Bangsamoro Autonomous and jurisdiction are retained by the central retained by the national government. The national waters through the necessary processes and Region waters. government. The central government shall government shall exercise the following reserved modalities. Ten (10) years after the passage of this exercise the following reserved powers: powers: Basic Law, the national government and the 1. Defense and external security; 1. National defense, and internal and external Bangsamoro regional government shall discuss 2. Foreign policy; security; the improvement of the Bangsamoro Autonomous 3. Coinage and monetary policy; 2. Foreign affairs; Region waters through the necessary processes 4. Postal service; 3. Currency and policy direction in the areas of and modalities. 5.Citizenship and naturalization; money, credit and banking; 6. Immigration; 4. Postal service; 7. Customs and tariff as qualified by Section 5. Citizenship and naturalization; Section 6. Constituent Units. – The SEC. 11. Constituent Units. – The provinces, 2 (10), Article V this Basic Law; 6. Immigration and deportation; provinces, cities, municipalities, barangays and cities, municipalities and barangays shall be the 8. Common market and global trade, provide 7. Customs and tariff laws as qualified by Sec. 20 geographical areas within its territory shall be constituent units of the Bangsamoro Regional that the power to enter into economic (8), Article V of this Basic Law; the constituent units of the Bangsamoro. Government. agreements given to the ARMM under 8. Common market and global trade: Provided, R.A. 9054 is hereby transferred to the That the power to enter into economic Bangsamoro government as provided in agreements given to the ARMM under RA No. Section 7. Collective Democratic Rights of the Article XII, Section 25 of this basic Law; 9054 is hereby transferred to the Bangsamoro Bangsamoro People. - The collective rights of the and regional government as provided in Article XI, constituents of the Bangsamoro shall be recognized. 9. Intellectual property rights. Section 146 of this Basic Law; 9. Intellectual property rights; 10. Supervision over banks and non-banks Article IV ARTICLE IV financial institutions under the jurisdiction of GENERAL PRINCIPLES AND POLICIES GENERAL PRINCIPLES AND POLICIES the Bangko Sentral ng Pilipinas (BSP); 11. Free ports. – The Bangsamoro regional Section 1. Self-Governance. In the exercise SEC. 12. Self-Governance. Within its territorial government may establish free ports in the of its right to self-governance and self- geographical area and subject to the provisions of Bangsamoro Autonomous Region. The determination, the Bangsamoro is free to the 1987 Philippine Constitution and national laws, Bangsamoro regional government shall pursue its economic, social and cultural the Bangsamoro regional government in the exercise coordinate with and assist the national development. of its right to self-governance is free to pursue its government on customs, immigration, economic, social and cultural development. quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro Autonomous Section 2. Democratic Political System. The SEC. 13. Democratic Political System. The Region free ports shall be entitled to the fiscal Bangsamoro government shall be parliamentary. Bangsamoro regional government shall be incentives and other benefits provided by the Its political system is democratic, allowing parliamentary. Its political system is democratic, national government to special economic its people to freely participate in the political allowing its people to freely participate in the zones. The free ports within the Bangsamoro processes within its territory. political processes within its geographical area. Autonomous Region shall be contiguous/ adjacent to seaport or airport; and 12. All other powers, functions and Section 3. Electoral System. - The Bangsamoro SEC. 14. Electoral System. - The Bangsamoro responsibilities not granted by the 1987 government shall adopt an electoral system regional government shall adopt an electoral system Philippine Constitution or by law to the suitable to a ministerial form of government, suitable to a parliamentary form of government, autonomous regions. which shall allow democratic participation, which shall allow democratic participation, encourage formation of genuinely principled encourage formation of genuinely principled political political parties, and ensure accountability. parties, and ensure accountability. To view the full matrix, please go to http://www.up.edu.ph/wp-content/ uploads/2015/09/Matrix_BBL_August-11-2015.pdf 16 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

A Country without Heroes... and order by making the Bangsamoro tem of Islamic finance, among others. were the guide to the writing of this continued from page 9 Police Force an integral part of the These rights and privileges are eq- substitute bill: Our version of the Basic Law for PNP. While encouraging and sup- uitably extended to non-Muslims and (1) The primacy of our constitution the Bangsamoro Autonomous Region porting the unique culture and social tribal people as well, with provisions which every citizen is mandated fulfills the duty that we in this august structure of the Muslim community, made for the fair representation of the to obey and defend compels us to chamber must fulfill, to protect the it clearly defines the rights of non- sultanates and tribal organizations in strike down any provision that is national interests of the Republic of the Muslim citizens of the Bangsamoro the parliamentary and other policy- clearly in conflict with its letter Philippines. It reserves to the national Autonomous Region, the traditional making bodies. Likewise, inclusive- and spirit based on our preliminary government those powers enshrined sultanates, tribal communities and ness of the Bangsamoro Autonomous determination; in our Constitution: the responsibil- other indigenous peoples, and women, Region and people within the greater (2) The autonomy of the constitu- ity for national defense, and internal children, and otherwise disadvantaged republic is guaranteed by provisions ent local government units of the and external security; foreign affairs; citizens. for representation in the legislative, Bangsamoro Autonomous Region monetary policy and management of Furthermore, while the Basic Law judicial, and administrative bodies of as defined in the Local Govern- the broader financial system; matters of recognizes that changes and amend- the national government. ment Code of 1991, as amended, citizenship and immigration; main- ments may be necessary in the future, it The Basic Law also provides a should not be diminished. This is tenance of the postal service; trade, preserves the supremacy of the repub- framework by which the rich natural aligned with our national policy of customs, and tariffs, other than those lic by making those changes subject to resources of the region—which should decentralization; responsibilities already granted to the the approval of Congress. and will primarily benefit its people, (3) The principle of checks and bal- ances in all aspects of governance should be strengthened because this

Photo by Judgefloro, from Wikicommons is the main reason why the Autonomous Region in Muslim Mindanao has failed; (4) While we recognize that substantial fund need to be pumped in to the Bangsamoro Autono- mous Region for rehabil- itation and development purposes, we should not overlook the fact that other regions and LGUs are equally in need of the same funding support. Hence, we risk an un- equal distribution or allo- cation, which could potentially sow the seed of discontentment rather than unity among our countrymen. Thus, while we enhanced the revenue power of the Bangsamoro Autonomous Region, as well as financial grants from the national gov- ernment, additional funding for development purposes should be better left with Congress, through the yearly budgeting A statue and tarpaulin memorial in honor of the Special Action Force 44 police officers slain during the Mamasapano process; clash, located at PRO3 Police Station 1, ACPO, Angeles City, Pampanga Police Force National Police Commission (5) The bravery and heroism Philippine National Police in the Barangay Hall of Santo Rosario (Poblacion) Town Proper. of our SAF-44 had taught us many lessons, among which is that peace and order in the region through R.A. 9054; protection Another important way the national but rightly belong to all Filipinos—can autonomous region should remain of intellectual property rights. interest is defended, however, is by be equitably shared. A fair share of to be the primary responsibility of The Basic Law addresses the first fulfilling—to the extent that our Con- national revenues, as the constitution the national government, through and most important prerequisite to stitution and national sovereignty can dictates must be provided to local our structured Philippine national peace—the definitive end to armed allow—the desires of the Bangsam- governments, is also provided for, to police; conflict—by providing an efficient, oro people for meaningful autonomy. ensure that the Bangsamoro Autono- (6) The Bangsamoro Autonomous verifiable program of disarmament The people of the Bangsamoro Au- mous Region is financially sound and Region is a multi-ethnic and multi- and demobilization, overseen by an tonomous Region wish for the right of able to provide adequately for all its cultural region. Thus, the Basic independent monitoring body, and pro- self-determination over their internal people. Key areas in which the region Law must be inclusive by ensuring viding the needed financial and social affairs—this law provides that right, has chronically suffered from a lack that all groups are represented in assistance to former fighters to become by establishing the local legislature, by of progress, for example, electricity all aspects of governance; peaceful and productive members of granting authority to form necessary generation and distribution, have been (7) The history of armed struggle of society. It renounces war as an instru- agencies and departments, and most given special attention, with more flex- a number of our Muslim broth- ment of policy, and instead provides especially by providing the framework ibility granted to the local government ers with the latest formation of the governing structures and dispute by which our fellow Muslim citizens in to develop and regulate the regional the Bangsamoro Islamic Freedom resolution mechanisms needed to cre- the Bangsamoro Autonomous Region infrastructure, within the bounds of Fighters (BIFF), a break-away ate a peaceful society managed through can adhere to the unique principles of national laws and complementary local group of the Moro Islamic Libera- means that are morally and practically their faith by following Shari’ah Law, laws regarding environmental manage- tion Front, reveals that the struggle superior to armed conflict. It maintains managing Hajj and Umrah affairs for ment, industrial safety and standards, to establish a separate and inde- the constitutional responsibility of the citizens from the Bangsamoro Autono- and investments. pendent state in that portion of national government to maintain peace mous Region, and establishing a sys- These are the basic principles that continued on page 17 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 17

A Country without Heroes... amended, is continually evolving. Our For too long, Mindanao has been peace and prosperity in the Bangsam- continued from page 16 proposed redefinition of autonomy of dubiously referred to as the “land oro Autonomous Region, I firmly the autonomous region of Muslim Min- of promise”—aspirants for national believe we are creating the condi- our country remains a concern. It danao will certainly be revisited and offices, recognizing that in order to tions for lasting peace and prosperity should therefore be clear that the again be redefined in the future, not on win elections on a national scale they for all Filipinos. It is in that spirit I proposed basic law will never be a the strength of armed struggle, but in must win in Mindanao, have promised have introduced the Basic Law for vehicle for the establishment of an the pursuit of good governance for our the sun, the moon, and the stars to its the Bangsamoro Autonomous Region independent state; people. people. Sometimes those promises are for your learned deliberation. As the (8) Lastly, we go back to the funda- We strive for peace, and I believe accompanied by short-term largesse, familiar saying goes, “A rising tide lifts mental premise that the organic this improved version of the Basic dole-outs of food, minor development all boats.” Our southern lands are rich law is about the continuing quest Law for the Bangsamoro Autonomous projects, medical and social assistance, in natural resources, rich in agricultural for the elusive peace in Muslim Region provides the conditions by but these small benefits have never potential, and rich in the culture and Mindanao. But peace cannot be which peace can finally be achieved. It benefited all Mindanaoans equitably, industriousness of its people. Some of achieved without an effective nor- does so not just by delineating national and do not last. When the votes are our country’s most beautiful natural malization process. and regional authority and providing counted and the campaign banners features are located there, but for too This representation fully adheres to effective mechanisms by which the come down, the region is forgotten long the beauty of the land, its wildlife, the view that peace and development region can be quickly demilitarized, again, its people left to their despair, and its people have been isolated from are as much primary objectives of the but by focusing with great care on the which leads to hopeless violence and the rest of the country and the rest of BBL as the enhanced autonomy for root causes of the conflict which has provides fertile ground for those who the world by a bitter, futile conflict. Muslim Mindanao that we are now persisted too long and brought nothing seek their own gain at the expense of By striving for a just peace, one granting to our brothers and sisters in but misery and poverty to the people not just the people of Mindanao, but that is inclusive and all-embracing, the autonomous region. in this rich, underappreciated part of the entire Philippines. we strengthen ourselves and the entire And in order to elevate these objec- Mindanao. By creating the conditions for lasting nation. We become richer materially tives as paramount societal ideals and and spiritually by respect- safeguard their immediate attainment, ing the differences in the your committee has found the need to many cultures found among incorporate explicit provisions in the the Filipino people, while substitute bill, otherwise lacking in welcoming those people to the original draft. Adoption by incor- share in our collective work poration in the law is to imbue them Photo from the Office of Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos and rewards as brethren and decisively with the force and character partners. By striving for a of a legal mandate for the Bangsamoro just peace that spreads from regional government to accomplish, in Mindanao throughout our partnership with the national govern- entire country, we create a ment. bright beacon of hope and This policy of “normalization” is prosperity for our kindred hereby emphasized in the substitute bill in Sabah, and bring a future as both a corollary and integral obliga- in which our nation can be tion, alongside this grant of enhanced once again made whole and autonomy to the erstwhile ARMM. It united. shall necessarily embrace the United Peace is the first step on Nations principles of “DDR” or Disar- an endless golden road to the mament, Demobilization, and Rein- future. Peace leads to order, tegration, so as to attune and peg the which leads to progress, milestones of the normalization efforts which leads to prosperity to internationally acceptable standards and dignity for all. Peace is of peacekeeping and post-conflict in the soul of our nation—it recovery, which have been developed is what our heroes, the brave by the UN through years of effective SAF 44 and so many before remedial intervention in conflict areas them, fought for and gave all around the world. their last breath to achieve. Decommissioning of forces, as we We must not fail them. call it in the substitute bill, both of We must not fail those they combatants and civilians, shall be an left behind. We must not fail integral component of our normaliza- ourselves. We must have tion policy, and as the crucial first- peace, and we shall, through step to disarm, literally and figura- this basic law we begin tively, a portion of our people so used deliberating today. We stand or so steeped in a culture of arms- now at a crossroads – let bearing, fighting and killing. This is a us choose the right path, time to restore mutual trust and con- the only path. The path of fidence, otherwise lost or besmirched peace. May God bless our because of unwanted incidents in the work, and may God bless past, but which we have all vowed the Philippines. to not allow us to relapse. This is a ------time to start over again. Hence, this Sen. Ferdinand Marcos The Verification and Monitoring Assistance Team under the Independent is a time for our brothers and sisters obtained a Special Diploma to lay down arms, and replace them Decommissioning Body, along with a unit from the joint Peace and Security Team composed of elements from the Armed Forces of the Philippines, the Philippine in Social Studies from with plows, tools of trade, books, National Police and the MILF's Bangsamoro Islamic Armed Forces hold a historic the University of Oxford, computers, and other wholesome and weapons decommissioning ceremony at the Old Provincial Capitol in Sultan England, and did gradu- more potent materials of creation— Kudarat, Maguindanao. ate course work in Busi- and not of destruction—and other ness Administration at the building blocks of social develop- Wharton School of Busi- ment and progress. ness, University of Penn- Autonomy is a continuous process. sylvania, USA. Email him Our definition too of autonomy to at info@bongbongmarcos. our local government units under our com or ldlavarias@bong- Local Government Code of 1991, as bongmarcos.com. 18 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 From BBL* to BLBAR, World Awaits Legislation

Compiled by Fred Dabu Issues and Statements in Favor Statements Warning Against Concerns of the Draft BBL the Draft BBL

s the Filipino people, together with the international community, anticipate the Rep. Rufus Rodriguez Philippine Constitutional (Chairperson, House Ad Hoc Association (Philconsa): Afinal deliberations for the Bangsamoro Basic Law (BBL) pending in Con- Committee on the Bangsamoro The BBL is "constitutionally gress, proponents have not given up hope in the quest for peace and justice through Basic Law): problematic," with questionable the enactment of a “good” and mutually-acceptable BBL during President Benigno “We will continue deliberations provisions on "the right to self- in August,” Rodriguez told determination, the Bangsamoro’s Aquino III’s administration. Two counterpart versions are due to be tackled: House MindaNews in a text message apparent asymmetrical Bill No. 5811 or the “Basic Law of the Bangsamoro Autonomous Region" in the Sunday afternoon, adding “there relationship with the national House of Representatives, and Senate Bill No. 2894 or "An Act Providing for the is no TRO (temporary restraining government, form of government, Basic Law for the Bangsamoro Autonomous Region" in the Senate. To aid the pub- order) issued by the Supreme territorial domain, foreign affairs, Court.” internal and external security and lic in examining the proposed legislations, several issues, statements and counter- (The 98-member Ad Hoc sources of government funds." arguments raised by known proponents and critics of the BBL are presented below. Committee on the Bangsamoro Source/s: http://www.philstar.com/ Basic Law approved on May 20 by headlines/2015/01/26/1416898/ * The draft BBL, which was originally submitted to Congress, was revised by technical working a vote of 50 in favor, 17 against and bangsamoro-bill-has- groups and counterpart versions were renamed as the Basic Law for/of the Bangsamoro Autono- one abstention, its substitute bill, constitutional-flaws mous Region (BLBAR). Usage of the BBL acronym was retained in this publication for clarity. This HB 5811, providing for a Basic Law compilation was updated on July 14 and August 25, 2015. for the Bangsamoro Autonomous Region, in what Committee chair Amira Lidasan (Spokesperson, Rep. Rufus Rodriguez of Cagayan Suara Bangsamoro): “We from the Suara Statements in Favor Statements Warning Against de Oro described as a “historic Issues and Bangsamoro have been very Concerns of the Draft BBL the Draft BBL vote,” an “affirmative action to fully correct c enturies of neglect and critical about the content of the injustice.”) Bangsamoro Basic Law (BBL) Constitutional Constitutional Unconstitutional or problematic Source/s: http://www.mindanews. because it falls short of the Basis of BBL, ======com/peace-process/2015/07/12/ aspirations of the Bangsamoro Office of the Presidential Sen. Miriam Defensor Santiago rufus-bbl-deliberations-to-resume- people’s struggle for genuine Creation of a Sub- Adviser on the Peace Process (Chairperson, Senate Committee august-despite-petitions-in- right to self-determination. The state (OPAPP): on Constitutional Amendments supreme-court/ BBL is limiting and counterposing "The Government of the and Revision of Codes and Senate http://www.mb.com.ph/july- this right with the Philippine Philippines (GPH) is fully Committee on Foreign Relations): deadline-for-bbl-impossible-rufus/ Constitution.” committed to supporting the The BBL is unconstitutional. They “The BBL disregards the passage of the BBL before the are proposing a sub-state. reasons why the Moro people Senen Bacani (Member, 2016 regular election. Provisions “The BBL is unconstitutional remain poverty stricken, Government Peace Negotiating in Article X of the 1987 Philippine because it violates what the enduring a backward economy Panel): Constitution on the creation of Constitution provides for as national and its communities are in “Hopefully with a fuller Autonomous Regions shall apply. sovereignty and territorial integrity of conflict. Instead of addressing discussion of this law there will Section 15. There shall be our country.” these issues, the BBL copies be a better understanding of what created autonomous regions “Those are the guidelines set by the development paradigm is in there for everybody. We’ve in Muslim Mindanao and in the Constitution in providing for and programs as well as always said that we’re relying the Cordilleras consisting of autonomous regions for regional security policies of the national on the collective wisdom of the provinces, cities, municipalities, authority. It’s obvious that in the government, which in the past members of both houses [Senate and geographical areas sharing contemplation of the Constitution, have been the complaint of the and House of Representatives] common and distinctive historical the territorial units of our country Moro people and were deemed to come up with a law that will and cultural heritage, economic are provinces, cities, barangays, discriminatory.” basically satisfy the aspirations and social structures, and other municipalities, and autonomous Source/s: http://davaotoday. of the Bangsamoro and one that relevant characteristics within the regions. There’s no mention at all com/main/todays-news-to-go/ will be in accordance with the framework of this Constitution of a sub-state. That’s what they are bbl-insufficient-for-bangsamoro- Comprehensive Agreement on the and the national sovereignty as proposing, a sub-state.” people/ Bangsamoro (CAB).” well as territorial integrity of the Source/s: http://www.mb.com.ph/bbl- Source/s: http://www.opapp.gov.ph/ Republic of the Philippines. unconstitutional-miriam/ milf/news/govt-peace-panel-keeps- Prof. Merlin Magallona (Former Section 16. The President shall hopes-high-congress-okay-bbl Dean, UP College of Law): exercise general supervision Sen. Ferdinand R. Marcos Jr. "You might have the impression over autonomous regions to (Chairperson, Senate Committee that what's being created is a ensure that laws are faithfully on Local Government): political system of equal strength executed. “What is given to the Bangsamoro as the national government, with Section 17. All powers, functions, government is necessarily torn all the powers of the national and responsibilities not granted away from the government of the government being divided." by this Constitution or by law Republic…” Source/s: http://www.interaksyon. to the autonomous regions “Unfortunately, the BBL in its com/article/109029/bbl-will- shall be vested in the National present form and substance will create-sub-state-with-equal- Government. not bring us any closer to peace. powers-to-natl-govt---former-up- If passed into law, the BBL will Instead, it will lead us to perdition…” "The basic law addresses law-dean create a Bangsamoro region to “The Bangsamoro parliament the first and most important replace the ARMM.” would be equal, not subordinate, prerequisite to peace - the Source/s: http://www.opapp. to our Congress; exclusive powers Rep. Neri Javier Colmenares gov.ph/milf/faqs-framework- given to Bangsamoro will diminish definitive end to armed and Rep. Carlos Isagani agreement-bangsamoro sovereignty of the Republic and conflict - by providing an Zarate of Bayan Muna party http://www.opapp.gov.ph/ that BBL has no power to create list, Rep. Luzviminda Ilagan milf/news/frequently-asked- ‘Bangsamoro territory’…” efficient, verifiable program and Rep. Emmi de Jesus of questions-draft-bangsamoro- (Senator Ferdinand Marcos, Jr. of disarmament and Gabriela Women’s party list, basic-law assured local officials that he will demobilization, overseen by Rep. Antonio Tinio of ACT remedy the flaws of the proposed Teachers party list, Rep. an independent monitoring Miriam Coronel Ferrer Bangsamoro Basic Law (BBL) to Fernando Hicap of Anakpawis (Chairperson, Government ensure that the version passed by body, and providing the party list, and Rep. Terry Peace Negotiating Panel): the Senate will address the concerns needed financial and social Ridon of Kabataan partylist "Any notion of a sub-state can of all major stakeholders.) (Makabayan bloc in the only mean a setup within the Source/s: http://www.philstar.com/ assistance to former fighters House of Representatives): Philippine state and under the headlines/2015/06/04/1462012/ to become peaceful and “(1) the BBL grants not full current Philippine Constitution." marcos-rejects-draft-bbl-says-it-wont- productive members of but only limited autonomy; Source/s: http://www.interaksyon. lead-peace (2) genuine autonomy can com/article/109029/bbl-will- http://manilastandardtoday. society." never be possible under a create-sub-state-with-equal- com/2015/06/15/marcos-promises- neo-colonial, semi-feudal powers-to-natl-govt---former-up- to-correct-flaws-in-draft-law/ - Senator Ferdinand and corrupt state and ruling law-dean system; and (3) the BBL does "Bongbong" R. Marcos, Jr., not address the social and Former Representative and House Chairman of the Committee economic roots of poverty and Deputy Speaker Pablo Garcia: Jose Lorena (Undersecretary injustice.” "The Autonomous Region in on Local Government for Bangsamoro Affairs of the “The prevailing political Muslim Mindanao (ARMM) cannot be OPAPP): context has worsened in the "The proposed BBL is designed abolished by the proposed BBL." Source: http://www.senate.gov.ph/ aftermath of Mamasapano. to address the clamor for a "There is no need for Congress press_release/2015/0812_marcos1.asp Through Congress, the Aquino genuine autonomy in Mindanao, to enact the BBL since it is administration is taking back and not as an appeasement to unconstitutional... The Constitution the proposed additional powers any revolutionary group." only recognizes two autonomous granted to the Bangsamoro in “The BBL is not for MILF alone. regions: the Autonomous Region of the BBL and other concessions BBL should be equated with Muslim Mindanao and the Cordillera negotiated by the MILF.” meaningful autonomy, which is to Administrative Region." “The interest shown by the capture the articulation not only of Source/s: http://www.philstar.com/ US, Japan, and the European the Moro fronts but the Muslims in headlines/2015/02/02/1419387/ Union in the peace talks Southern Philippines.” bangsamoro-laws-constitutionality- with the MILF and the BBL is Source/s: http://www.opapp. tackled-senate-hearing likewise extremely alarming. gov.ph/milf/news/bbl-means- http://www.gmanetwork.com/ The US took an active role in meaningful-bangsamoro- news/story/423752/news/nation/ the drafting of the Government autonomy-not-power-any-group- bangsamoro-law-cannot-abolish- of the Philippines - MILF opapp armm-says-ex-solon UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 19 From BBL* to BLBAR, World Awaits Legislation

Issues and Statements in Favor Statements Warning Against Issues and Statements in Favor Statements Warning Against Concerns of the Draft BBL the Draft BBL Concerns of the Draft BBL the Draft BBL

Memorandum of Agreement on "There will be no separate ISIS, want as they struggle toward Ancestral Domain which was justice system in the the establishment of a global eventually junked by the GPH. Bangsamoro. In the BBL, the caliphate while taking differing We must vigorously oppose special courts that are to be paths." the agenda of the imperialists institutionalized or strengthened Source/s: https://www. to establish military bases, therein shall all be part of the facebook.com/rafael.m.alunan/ ruthlessly exploit the mineral and singular Judiciary that remains to posts/10203768733119501 agricultural wealth and cheap be under the administration and labor of the Bangsamoro and control of the Supreme Court. Mindanao.” That is true for the Shari'ah Source/s: http://www.interaksyon. Courts in the Bangsamoro as com/article/110765/makabayan- well as the tribal/customary bloc-palace-version-of-railroaded- courts." bbl-wont-address-root-cause-of- Source/s: http://opapp.gov.ph/ mindanao-conflict milf/news/public-urged-reject- misinformation-bbl

Funding for the P 35 billion P 75 billion First Year of ======Creation of Atty. Mohammad Al-amin Some sectors question the Operation, Atty. Mohammad Al-amin Sen. Ralph Recto (Senate New and Julkipli (member of the legal creation of new and distinct Julkipli (Member, Legal Team President Pro-Tempore): Distinct team of the government peace agencies duplicating the work Sources of of the Government Peace The Bangsa‎moro will get an Agencies negotiating panel): of Constitutional bodies such Revenue and Negotiating Panel): initial P 75-billion funding in its first Duplicating “The proposed Bangsamoro as the Commission on Audit Funding "The total funding to be directly year. the Work of agencies will not supplant nor will (COA), Commission on Elections allocated to the Bangsamoro “The BBL creates financial Constitutional they, in any way, derogate from (Comelec), and the Civil Service regional government for its initial obligations in the tens of billions Bodies or take away the constitutional Commission (CSC). year of operation will only amount of pesos. It binds the national such as the powers and duties of the to P35 billion." government, and ultimately Commission on Constitutional Commissions and "This amount does not taxpayers, to allocate large sums Audit (COA), other constitutionally-mandated significantly depart from the of money every year... On the first Commission offices.” current allocation for the year alone of the Bangsamoro on Elections “The existence and functioning ARMM (broken down into: P1 establishment, the projected (Comelec), of these Bangsamoro agencies billion for the transition from minimum cost is P75 billion.” and the shall be without prejudice to the Autonomous Region in "The BBL also provides for Civil Service the powers and duties of the Muslim Mindanao Regional a Special Development Fund Commission Constitutional Commissions... The Government to the Bangsamoro (SDF) that will be remitted to (CSC) goal in including their creation in Government; P7 billion Special the Bangsamoro government. the BBL is simply to "strengthen Development Fund (SDF) for Barangays, cities, towns and checks and balances in the the first year (and P2 billion per provinces constituting the Bangsamoro and supplement year for the next five years) to Bangsamoro region will continue the work of the Constitutional allow the poverty-stricken and receiving their Internal Revenue bodies, hence the proposed conflict-affected region to catch Allotments (IRA)—the share establishment of auditing, civil up in terms of development of local governments from service, election and human through infrastructure build- taxes collected by the national rights units." up and intensified delivery of government." http://opapp.gov.ph/milf/ social services; and P27 billion "There is already automatically news/public-urged-reject- estimated block grant in 2016 appropriated funds, then they can misinformation-bbl which will be used for economic keep the taxes, in part or in full, development, payment for that they can collect." salaries of teachers and health "Bangsamoro is to enjoy 100 workers and all other educational percent retention for the first 10 and health services.)" years... If oil is found in the area, Police and OPAPP / Atty. Mohammad Al- Some sectors warn that members Source/s: http://opapp.gov.ph/ the taxes, fees, royalties will be military amin Julkipli (member of the of the Moro Islamic Liberation milf/news/public-urged-reject- divided equally. In case of metallic organizations legal team of the government Front (MILF) would soon become misinformation-bbl minerals, the Bangsamoro gets in the peace negotiating panel): part of the Armed Forces of three-fourths of the income due, Bangsamoro Moro Islamic Liberation Front the Philippines (AFP) and the while the national government (MILF) members would not be Philippine National Police (PNP). will have to be content with one- automatically integrated into the fourth." Armed Forces of the Philippines "The Bangsamoro can also and the Philippine National Sen. Alan Peter Cayetano “Certainly, the MILF will impose certain other taxes, Police. (Senate Majority Leader): fees, and charges, from which “This is not provided in The Bangsamoro’s future police not accept a diluted the national government will not the BBL as the desire of the force could become the country’s BBL. If a law is based on receive any share... It can contract government and the MILF in the “biggest private army’’ if it would the report of the Ad Hoc loans, it can pawn future revenues, Comprehensive Agreement on not coordinate with the national like what other LGUs are doing." the Bangsamoro is to submit all government. Committee on the BBL, Source/s: https://www.senate.gov. MILF armed combatants and their Source/s: http://newsinfo.inquirer. which is 50 percent bad, ph/press_release/2015/0216_ families to the normalization and net/670825/cayetano-against-bbl- the MILF will outright recto1.asp decommissioning processes so says-milf-to-boost-army-that-can- http://www.interaksyon.com/ they could return to their normal threaten-republic reject it.” article/105178/recto-senate-to- lives, and not to a life of arms defuse-policy-landmines-in-bbl anymore.” - July 24-31, 2015 However, there is no prohibition Rigoberto Tiglao (Columnist, head of the Presidential Editorial from the MILF for MILF members to apply with the AFP or the PNP, but they Management Staff during the official website will have to go through the same Arroyo administration): rigorous processes that all AFP "The Bangsamoro government Source: http://www.luwaran.com/ and PNP members go through. shall have primary responsibility index.php/editorial/item/503- The Bangsamoro will implement over public order and safety critical-period the provision in the Philippine within the “Bangsamoro” and that Constitution for true autonomy in a “Bangsamoro Police” would Muslim Mindanao. be created for this purpose. --- The MILF shall undertake This violates the Constitution’s a graduated program for the provision that “the State shall decommissioning of its forces establish and maintain one police so that they are put beyond force, which shall be national in Shari'ah Atty. Mohammad Al-amin Some sectors warn that the use. In a gradual and phased scope and civilian in character, to Law in the Julkipli (Member, Legal Team implementing agencies of the process, law enforcement shall be be administered and controlled by Bangsamoro of the Government Peace Shari'ah Law would practically transferred to the police force for a national police commission.” Negotiating Panel): enforce a separate justice system the Bangsamoro. The police force "The BBL draft bill clumsily tries The Shari'ah Law in the in the region. shall be civilian in character and to go around this constitutional Bangsamoro will apply to Muslims accountable and responsible both ban by stipulating that a only. ===== to the Central and Bangsamoro “Bangsamoro Police Board” "The Shari’ah courts would governments, and the shall perform the functions of the not cover non-Muslims as Rafael Alunan III (DILG communities that it serves. Both National Police Commission, and regular courts would still exist in Chief during the Ramos parties have also committed to that “the board will be part of the Bangsamoro." administration): work as partners for the reduction National Police Commission.” "The Supreme Court has the "As a sub-state under Sharia and control of firearms in the area Source/s: http://www.manilatimes. ultimate power of reviewing all Law, it is one breath away from and the disbandment of private net/bangsamoro-bill-lost- decisions by the Shari’ah courts being an Islamic State within the armies and other armed groups. minds/126047/ in the Bangsamoro as practiced territory of the Philippines. Exactly Source/s: http://opapp.gov.ph/ now." what Al Qaeda and its arch-rival, milf/news/public-urged-reject- misinformation-bbl Continued on page 20 20 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Issues and Statements in Favor Statements Warning Against From BBL to BLBAR... Concerns of the Draft BBL the Draft BBL continued from page 19 the functions of the Napolcom in the Bangsamoro. The board Issues and Statements in Favor Statements Warning Against shall be part of the Napolcom Concerns of the Draft BBL the Draft BBL with the Napolcom ensuring that the Bangsamoro Police Board Checks and OPAPP: Rep. Rufus Rodriguez performs its powers and functions Balances "The President will continue (Chairperson, House Ad Hoc within the bounds of its authority. to exercise general supervision Committee on the Bangsamoro Above all of these controls within over the Bangsamoro government Basic Law): and outside the Bangsamoro to ensure that national laws are "Congress shall delete however, what is of paramount faithfully executed. provisions in the BBL that aim importance would be the demand National laws cannot be amended to create their own internal audit of the governed for complete by the Bangsamoro Parliament body despite the presence of accountability of those who unless authorized by Congress. the COA; disciplining of public govern and supported by a strong Reserved powers (both expressed officials, a power to be taken press and strong civil society and residual) of the national away from the Office of the organizations. That way we can government can at anytime be Ombudsman; establishing civil further strengthen the democratic exercised within the Bangsamoro service and human rights bodies, institutions that will be established territory without any limitation and creating the Bangsamoro and ensure the general welfare of whatsoever. For example, the Police Force." the people in the Bangsamoro." Bangsamoro government’s power Source/s: http://www.mb.com.ph/ http://www.opapp.gov.ph/milf/news/ to enter into economic agreements, unconstitutional-bbl-provisions- checks-and-balances-national- and to establish linkages for cultural scrapped/ government-vs-none-bbl exchange, economic and technical cooperation with other countries is subject to the central government’s reserved powers over foreign Parliamentary OPAPP: Some sectors think the affairs. In addition, the exercise of System of "The powers of the Bangsamoro parliamentary system is the concurrent or shared powers by Government government shall be given to the unconstitutional and is not the Bangsamoro government can Parliament. compatible with the present form of only be done with the coordination The President shall exercise government. and cooperation of the national general supervision over the government. Bangsamoro government to ensure To supplement the work of that National laws are faithfully the Constitutional bodies in the executed. Bangsamoro (COA, CSC, Comelec, The Chief minister shall head the CHR) is the proposed establishment government of the Bangsamoro, of auditing, civil service, election shall be elected by a majority vote and human rights units in the of the Parliament from among its Bangsamoro without prejudice of members, shall appoint the Deputy course to the powers, authorities Chief Minister and members of the and duties of these Constitutional Cabinet. bodies. The only goal is to assist, The Council of Leaders includes and not to replace in any manner the provincial governors, mayors whatsoever the powers and of chartered cities, indigenous authorities of these bodies. peoples, women, settlers, and other The Ombudsman shall have the sectoral representatives. power to act on erring Bangsamoro The Wali shall be the titular officials. The Supreme Court will (ceremonial) head of the continue to exercise the powers of Bangsamoro, shall be chosen by supervision and judicial review over the Parliament and have a term of all courts including Shari’ah courts. six years." Moreover, there are clear http://www.opapp.gov.ph/milf/news/ statements in the proposed BBL that frequently-asked-questions-draft- the Bangsamoro government will bangsamoro-basic-law have to adhere to the commitments of the national government as embodied in international treaties and agreements. The draft law also provides SOURCES: for additional intergovernmental Alunan III, R. (2015, April 20). When the ship of state is headed for the rocks. BusinessWorld. Retrieved from bodies to be established in http://www.bworldonline.com/content.php?section=Opinion&title=when-the-ship-of-state-is-headed-for-the- order to ensure cooperation and rocks&id=106454 coordination between the National Alunan III, R. (2015, February 17). [Facebook status update]. Retrieved from https://www.facebook.com/ and Bangsamoro Governments. rafael.m.alunan/posts/10203768733119501 Araneta, M. & Araneta, S. (2015, June 15). Marcos promises to correct flaws in draft law.Manila Standard Today. These are: Retrieved from http://manilastandardtoday.com/2015/06/15/marcos-promises-to-correct-flaws-in-draft-law/ (1) The Central Government Arguillas, C. (2015, July 12). Rufus: BBL deliberations to resume August despite petitions in Supreme Court. - Bangsamoro Government MindaNews. Retrieved from http://www.mindanews.com/peace-process/2015/07/12/rufus-bbl-deliberations-to- Intergovernmental Relations resume-august-despite-petitions-in-supreme-court/ Body to resolve issues on Bacani, S. (2015, January 26). Checks and Balances in National Government vs None in the BBL. Office of the intergovernmental relations; Presidential Adviser on the Peace Process. Retrieved from http://www.opapp.gov.ph/milf/news/checks-and- (2) The Intergovernmental Fiscal balances-national-government-vs-none-bbl Policy Board that shall address Burgonio, T.J. (2015, February 5). Cayetano against BBL, says MILF to boost army that can threaten Republic. Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/670825/cayetano-against-bbl-says-milf-to- revenue imbalances and boost-army-that-can-threaten-republic fluctuations in regional financial Casayuran, M. & Quismoro, E. (2015, June 11). July deadline for BBL impossible – Rufus. Manila Bulletin. needs and revenue-raising Retrieved from http://www.mb.com.ph/july-deadline-for-bbl-impossible-rufus/ capacity of the Bangsamoro; Casayuran, M. (2015, February 14). BBL unconstitutional – Miriam. Manila Bulletin. Retrieved from http:// (3) The Philippine Congress - (The Office of the www.mb.com.ph/bbl-unconstitutional-miriam/ Bangsamoro Parliament Forum Dalangin-Fernandez, L. (2015, April 18). BBL will create 'sub-state' with 'equal strength' to national for purposes of cooperation President and the government - ex-UP Law Dean Magallona. InterAksyon.com. Retrieved from http://www.interaksyon.com/ article/109029/bbl-will-create-sub-state-with-equal-powers-to-natl-govt---former-up-law-dean and coordination of legislative leadership of both InterAksyon.com. (2015, May 19). Makabayan bloc: Palace version of railroaded BBL won't address root initiatives; Houses of Congress) cause of Mindanao conflict. Retrieved from http://www.interaksyon.com/article/110765/makabayan-bloc- (4) The Bangsamoro Sustainable palace-version-of-railroaded-bbl-wont-address-root-cause-of-mindanao-conflict Development Board to “remain committed Legaspi, A. (2015, February 2). Bangsamoro law cannot abolish ARMM, says ex-solon. GMA News. ensure the harmonization to the enactment of a Retrieved from http://www.gmanetwork.com/news/story/423752/news/nation/bangsamoro-law-cannot- abolish-armm-says-ex-solon of environmental and meaningful and mutually development plans, as well Luci, C. (2015, March 6). Unconstitutional BBL provisions scrapped. Manila Bulletin. Retrieved from http:// acceptable BBL within www.mb.com.ph/unconstitutional-bbl-provisions-scrapped/ as to formulate common Mendez, C. (2015, January 26). ‘Bangsamoro bill has constitutional flaws’. The Philippine Star. Retrieved environmental objectives; and President Aquino’s term from http://www.philstar.com/headlines/2015/01/26/1416898/bangsamoro-bill-has-constitutional-flaws (5) The Joint Body for the Zones Mendez, C. (2015, June 4). Marcos rejects draft BBL, says it won’t lead to peace. The Philippine Star. of Joint Cooperation which of office.” Retrieved from http://www.philstar.com/headlines/2015/06/04/1462012/marcos-rejects-draft-bbl-says- shall be responsible for it-wont-lead-peace drawing up of policies in the - Secretary Teresita Office of the Presidential Adviser on the Peace Process. (2014, September 10). Frequently Asked Questions zones of joint cooperation in on the draft Bangsamoro Basic Law. Retrieved from http://www.opapp.gov.ph/milf/news/frequently-asked- Quintos-Deles, questions-draft-bangsamoro-basic-law the Sulu Sea and the Moro Presidential Adviser on Office of the Presidential Adviser on the Peace Process. (2015, March 30).Public urged to reject Gulf. misinformation on BBL. Retrieved from http://www.opapp.gov.ph/milf/news/public-urged-reject- Also worthy of note is the the Peace Process misinformation-bbl provision on the possible vote of no Office of the Presidential Adviser on the Peace Process. (2015, May 1).BBL means meaningful Bangsamoro confidence against the government Source: http://www.luwaran.com/ autonomy, not power for any group -- OPAPP. Retrieved from http://www.opapp.gov.ph/milf/news/bbl- of the day which can serve as a index.php/new/item/541-op-and- means-meaningful-bangsamoro-autonomy-not-power-any-group-opapp further check on the performance congress-remain-committed- Office of the Presidential Adviser on the Peace Process. FAQs on the Framework Agreement on the Bangsamoro. Retrieved from http://www.opapp.gov.ph/milf/faqs-framework-agreement-bangsamoro of the Bangsamoro government by to-the-enactment-of-mutually- accepted-bbl-sec-deles Office of the Presidential Adviser on the Peace Process. Gov't peace panel keeps hopes high on Congress' the duly elected representatives of okay of BBL. Retrieved from http://www.opapp.gov.ph/milf/news/govt-peace-panel-keeps-hopes-high- the Bangsamoro. Another is the full congress-okay-bbl disclosure policy of the Bangsamoro Reyes, E. (2015, February 16). Recto: Senate to defuse policy landmines in BBL. InterAksyon.com. government of its budget and Retrieved from http://www.interaksyon.com/article/105178/recto-senate-to-defuse-policy-landmines-in-bbl finances and of bids and public Senate press release. (2015). Senate cannot rubber-stamp its OK on BBL's P75 B price tag. Retrieved offerings. from https://www.senate.gov.ph/press_release/2015/0216_recto1.asp Regarding public order and Tiglao, R. (2014, September 11). Bangsamoro bill: Have they lost their minds? The Manila Times. Retrieved from http://www.manilatimes.net/bangsamoro-bill-lost-minds/126047/ safety, there will be a Bangsamoro Viray, P.L. (2015, February 2). Bangsamoro law's constitutionality tackled in Senate hearing. The Philippine Police Board which shall perform Star. Retrieved from http://www.philstar.com/headlines/2015/02/02/1419387/bangsamoro-laws- constitutionality-tackled-senate-hearing UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 21 Analysis and Position of Makabayan on the Proposed Bangsamoro Basic Law (May 18, 2015)

Makabayan Bloc

he Makabayan bloc recognizes the courageous struggle of the Moro people for the port of the US and Malacañang. But can autonomy propped up by US and the GPH Presi- Tright to national self-determination. This struggle is rooted in the centuries-long dent’s patronage still be considered genuine? Likewise, it remains to be seen, whether, and ongoing oppression and exploitation of the Filipino people including the Bangsam- and for how long, the MILF can maintain its grip on the Bangsamoro government. oro and other indigenous peoples by the colonial and neocolonial powers and the local ruling elite. This struggle forms an important part of the Filipino people’s struggle The BBL does not even attempt to dismantle the socio-economic roots against foreign and local ruling class domination and enslavement towards genuine of the Moro rebellion independence and democracy. The BBL makes no effort to identify and dismantle the socio-economic roots of the The Bangsamoro must attain and exercise their right to self-determination. The Moro rebellion. Essentially, the BBL is an agreement on the terms of power-sharing socio-economic roots of war must be addressed, and widespread poverty and injustice and division of wealth between the GPH and the Bangsamoro government. But there eradicated. Otherwise, the armed struggle of the Moro people will continue and grow are no provisions in the BBL that address the root of poverty and injustice that are the stronger even if the Moro Islamic Liberation Front places its weapons “beyond use.” causes of the Moro rebellion and war. In our analysis of the text and more importantly, in consideration of the prevailing societal The BBL glaringly lacks any provision that puts an end to the monopoly control of context, the proposed Bangsamoro Basic Law falls far short of and does not ad- agricultural lands and mineral resources by foreign corporations and a handful of big equately address the aspirations of the Bangsamoro and indigenous peoples’ compradors and landlords through the free redistribution of land to farmers; nor struggle because: 1) the BBL grants not full but only limited autonomy; 2) provisions for the establishment of job-creating industries; nor provisions to genuine autonomy can never be possible under a neo-colonial, semi- lift the Moro, indigenous people, and other inhabitants of the Bangsamoro feudal and corrupt state and ruling system; and 3) the BBL does not from poverty. The BBL appears to be saying that resolving the socio- address the social and economic roots of poverty and injustice. economic roots of rebellion should just be left to whoever takes power in The prevailing political context has worsened in the aftermath of the Bangsamoro. Mamasapano. Through Congress, the Aquino administration is tak- The ordinary Moros and lumads and others who support the armed ing back the proposed additional powers granted to the Bangsam- struggle in Mindanao are farmers, fisherfolk, youth, women, and oro in the BBL and other concessions negotiated by the MILF. other poor people deprived of land, jobs, education, health, and other The interest shown by the US, Japan, and the European Union basic services. If widespread poverty and injustice are not ad- in the peace talks with the MILF and the BBL is likewise ex- dressed, the societal basis for the Moro armed struggle persists, just tremely alarming. The US took an active role in the drafting of as it does for the armed revolution being waged by the Communist the Government of the Philippines—MILF Memorandum of Party of the Philippines, the National Democratic Front, and the Agreement on Ancestral Domain which was eventually junked by New People’s Army. the GPH. We must vigorously oppose the agenda of the imperialists “Bigay-bawi” and deception by government in the peace talks with the to establish military bases, ruthlessly exploit the mineral and agricultural wealth and MILF and the BBL cheap labor of the Bangsamoro and Mindanao. It is becoming increasingly apparent that grand deception and co-optation are the The Proposed BBL grants, not full, but limited autonomy US-Aquino regime’s real objectives in engaging the MILF in peace talks, negotiating Full and genuine autonomy is a possible form of restoring to the Bangsamoro their the Comprehensive Agreement on the Bangsamoro and drafting the BBL. This is also right to self-determination and rectifying the historic and continuing injustice against part of the regime’s divide-and-rule tactic to neutralize the MILF and concentrate the the Bangsamoro. Full autonomy entails the recognition, at the very least, of their right, government’s armed force on the CPP-NPA. capacity and authority to rule over all aspects of political, economic, and cultural life in The Aquino administration is now taking away, through amendments proposed by its their region, apart from the four reserved powers of the central government—foreign allies in Congress, the additional powers of the Bangsamoro government that it granted affairs, external defense and security, border control and immigration, and common in the negotiations with the MILF on the assurance that these are in accordance with currency. However, this is not the kind of autonomy that the Bangsamoro will get the Constitution. The government peace panel and Pres. Aquino himself insisted that no through the proposed BBL. amendment of the Constitution was necessary. Compare Republic Act 9054 (the Autonomous Region in Muslim Mindanao law) Ironically, the ongoing process of “bigay-bawi”amendments in Congress, including with the BBL. In ARMM, the regional assembly is given the power to enact laws on all the argument that eight or more provisions of the BBL are unconstitutional, are justified matters except for those pertaining to the 14 reserved powers of the national govern- by taking the line that “the MILF cannot be trusted after what happened in Mamasa- ment. In the BBL, nine of these powers have been retained by the national government pano.” It was President Aquino himself, together with then-suspended PNP Chief Gen. while the remaining five fall under so-called concurrent powers of the national govern- Purisima, who were primarily accountable for the police operation in Mamasapano, ment and the Bangsamoro Government. The long enumeration in the BBL of 59 exclu- which they approved without coordination with the MILF, resulting in the carnage that sive powers of the Bangsamoro government/parliament are, in fact, powers that have rocked the administration and derailed the smooth passage of the BBL. likewise been granted to the ARMM in as much as these do not fall within the reserved Malacañang and the Liberal Party have clearly turned their backs on agreements the powers of the national government. GPH had signed with the MILF in seeking to take back the many concessions given to Anti-people laws and policies of the GPH will prevail over and delimit the laws that the MILF, on the pretext that there are indeed unconstitutional provisions in the BBL may be enacted and enforced by the Bangsamoro parliament. Deleterious laws such as that have to be amended or deleted completely. the 1995 Mining Act, laws on foreign investment, agreements such as the GATT/WTO, The administration and its allies in Congress are now pushing for “bigay-bawi” laws on land ownership, Oil Deregulation Law, Electric Power Industry Reform Act, amendments—the nine exclusive powers of the national government in the committee and many other exploitative and oppressive GPH laws shall remain in force and domi- chairman’s draft of the BBL will increase to 17, and the eight powers of the Bangsam- nate in the Bangsamoro. BBL does not invalidate these laws, nor does the Bangsamoro oro government over the police, proposed amendments that take away or otherwise assembly have the power to invalidate, amend, or choose not to implement them. violate the contents of the agreement entered into by government with the MILF. We With respect to the 14 concurrent powers, the national government or GPH shall con- will not allow ourselves to be used in the “bigay-bawi” scheme and grand deception of tinue to prevail and dominate by virtue of the phrase “without prejudice to the power the Aquino administration. We criticize the government’s violations of and the reneging and authority” of constitutional bodies such as the Commissions on Civil Service, on agreements it entered into with the MILF, similar to what is happening in the peace Audit, Elections, Human Rights, the Office of the Ombudsman, and others. talks with the National Democratic Front. We will uphold the proposals and demands that will strengthen the right to self-determina- Not genuine autonomy; dominated by neo-colonial, dynastic, and tion of the Moro people and the lumads. The socio-economic roots of war must be identified corrupt politics and dismantled and programs for genuine land reform, job creation and industrialization and The Moro people will not, in reality, enjoy their right to self-determination and wealth redistribution be instituted. There must be provisions that prohibit the establishment genuine autonomy even if the BBL is enacted into law. Beyond the text of the BBL, of foreign military bases and curtail the unbridled exploitation of the mineral and agricul- the political and socio-economic context in which the Bangsamoro entity will operate tural wealth and cheap labor of the Bangsamoro and Mindanao by foreign capitalists. should be considered. The whole area of the Bangsamoro is not insulated from and in We shall decide how we will vote after due consideration and study of the final ver- fact will continue to be dominated by the neo-colonial, dynastic, and corrupt state and sion of the BBL that will be put to a vote before the committee and in plenary. politics of the big comprador capitalists and landlords that rule the whole country. The fate that befell the ARMM is clear for all to see—from the hands of Nur Misuari REP. NERI J. COLMENARES REP. EMMI A. DE JESUS the reins of government fell to the Ampatuans. With the support of Pres. Fidel Ramos Bayan Muna Partylist Gabriela Women’s Partylist and the full resources of the state behind him, Nur Misuari was installed as the governor of ARMM. Before long, landlords and warlords gained control of ARMM, the moment REP. LUZVIMINDA C. ILAGAN REP. FERNANDO L. HICAP Misuari lost the support of Malacañang. The Arroyo administration had to distance itself Gabriela Women’s Partylist Anakpawis Partylist from the Ampatuans because of the public outrage over the brutal massacre of journalists. It remains to be seen whether the BBL will gain approval in a plebiscite in all the areas REP. ANTONIO L. TINIO REP. CARLOS ISAGANI T. ZARATE it seeks to cover and whether the MILF can win in elections against contending dynastic ACT Teachers Partylist Bayan Muna Partylist landlords and warlords. Furthermore, the armed rebel groups opposed to the BBL, such as Misuari’s MNLF and the Bangsamoro Islamic Freedom Fighters are still in the picture. REP. TERRY L. RIDON Electoral successes for the BBL and the MILF are possible, given the backing and sup- Kabataan Partylist 22 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Be on the Right Side of History... ment. Law for the Bangsamoro Autonomous Region, has continued from page 8 The powers are classified as: gone through is unprecedented in the history of the proximately 63 votes from the Preamble to paragraph • Reserved Powers or those over which the national legislative branch of our government. Considering 15, Section 3, Article V. On May 19, the Committee government has authority and jurisdiction. the high stakes and objectives involved in attaining deliberated on the entire bill except for the title and the • Concurrent Powers refer to those which the peace and development in Mindanao, this process of appendix. It held a marathon meeting from 10 a.m. to Bangsamoro government shares with the national deliberation is indispensable if we are to truly achieve 11:30 p.m. with approximately 145 votes made. On May government. what we have been told is a Herculean, and some- 20, with a vote of 50 in favor, 17 against and one absten- • Exclusive Powers refer to those over which the times even described as “impossible” task. tion, the Ad Hoc Committee approved the Committee Bangsamoro government has authority and jurisdic- According to data from the Office of the Presiden- Report with the attached substitute bill to House Bill No. tion. tial Adviser on the Peace Process, 120,000 people 4994. • Provides for the form of the Bangsamoro govern- have already lost their lives since 1970 (50 percent, Pursuant to the Rules of the House, particularly Sec- ment, which shall be a parliamentary democratic MILF; 30 percent, AFP; 20 percent, civilians). From tion 44, the Ad Hoc Committee referred on May 20, political system. 2001 to 2012, 2,599 more people were killed, 1,267 2015 the approved substitute bill to the Committee on • Divides the powers of the Bangsamorogovern- of whom were MILF forces; 491 were AFP/PNP, Appropriations and the Committee on Ways and Means ment. Legislative Authority shall be exercised by and 841 were civilians. For the same period, a total for their comments relative to the appropriation or tax or the Bangsamoro parliament. Executive Authority of 2,999 were wounded, 237 of whom were MILF revenue aspects of the bill. shall be exercised by the chief minister, who will be forces; 1,089 were AFP/PNP, and 1,673 were civil- I sponsored the substitute bill in separate meetings elected by the parliament. Judicial Authority contin- ians. held by the two committees on 26 May 2015. In the ues to be exercised by the Supreme Court, even as Aside from this, at least 1,500,000 people were Committee Report we submitted to the Plenary for ap- the bill recognizes the applicability of the Shari’ah displaced because of the ongoing conflict in different proval on second reading, we appended the comments of Justice System over Muslims and traditional or parts of the country including Metro Manila where these two committees. tribal justice systems to indigenous peoples. our Muslim brothers and sisters are forced to live In these two committees, it was clearly brought out by • Provides that the Bangsamorogovernment shall far away from their mother land and, in most cases, the Department of Budget and Management (DBM) that enjoy fiscal autonomy. separate from their families and relatives. only P37 billion will be given to the Bangsamoro Au- • Provides for funding grant and support to the From 1970 until today, the Philippines has already tonomous Region in the first year upon the approval of Bangsamorogovernment, such as the following: suffered at least P640 billion in economic loses in this law and not P75 billion as claimed by its detractors. • Annual Block Grant. The central government shall terms of damages to businesses and properties and Of the P37 billion, P27 billion (around P25 billion from provide an annual block grant which shall be the loss of potential investments and businesses in the the General Appropriations Act allocated to the Autono- share of the Bangsamoro in the national internal region. Further, the government already spent at least mous Region in Muslim Mindanao and P2 billion from revenue of the government. P73 billion in combat expenses. the Internal Revenue taxes) are currently being received • Special Development Fund for the rehabilitation I agree with some of the dissenters against this by theAutonomous Region in Muslim Mindanao leav- and development of the Bangsamoro. Basic Law that this 91-page document is not a mi- ing and incremental increase of only P10 billion for the • Initial Funding for Transition in order that the raculous pill that would somehow end all hostilities Bangsamoro Autonomous Region. Bangsamoro may carry out the requirements of in Mindanao and usher in a golden era of peace in the Let me enumerate in brief the objective and some transition, including the organizational activities region. Centuries of violence, injustice, discrimina- of the key provisions of this substitute bill: of the Bangsamoro Transition Authority (BTA), tion, and misunderstanding among our brothers and PURPOSE: organization of the bureaucracy, hiring of person- sisters in Mindanao will not be magically swept away • To establish a political entity, provide for its basic nel, and the exercise of functions and powers of once we pass this bill on Third and Final Reading structure of government in recognition of the just- the BTA. and hopefully, once enacted into law. What we of- ness and legitimacy of the cause of the Bangsamoro • Provides for the sharing of taxes between the fer through this substitute measure, however, is the people and to secure their identity and posterity and Bangsamoro government and the national govern- chance to achieve peace by addressing all these issues allow for meaningful self-governance. ment as well as the sharing of income from the uti- and thrusting them into the public consciousness... KEY PROVISIONS: lization of resources in the Bangsamoro geographic Franklin D. Roosevelt once said: “The test of our • Identifies the Bangsamoro People and creates the area. progress is not whether we add more to the abundance political entity called the Bangsamoro Government. • Creates the Bangsamoro Transition Authority of those who have much; it is whether we provide • Defines the geographical area of the Bangsamoro Au- (BTA), which shall be the interim government or enough for those who have little.” tonomous Region, which is composed of the present the governing body in the Bangsamoro Autono- What we have here now is the chance to address geographic area of the Autonomous Region in Mus- mous Region during the transition period, and the plight of our brothers and sisters in Mindanao; lim Mindanao (ARMM), the contiguous territory, the provides for its powers and functions. provide them with the means and opportunity to inland waters and the Bangsamoro waters. • See the "Salient Deletions and Amendments to the ascend and create a truly autonomous community • Defines and enumerates the powers of the Bangsam- Original HB 4994" on p. 10. suitable to their culture and needs; and repose in them oro government in relation to the national govern- The process that the BBL, now the proposed Basic our nation’s trust that the proposed Basic Law for the Bangsamoro Autonomous Region would answer the Mindanaonon’s needs in a more efficient, inclusive and timely manner. These are the first, small steps Mindanao Webs and Dominoes... towards achieving lasting peace in Mindanao. continued from page 23 Peace in Mindanao will not be achieved if we pass college. In fact, there are adults who were not able to go to school at all. this measure today. Peace may not even be achieved Some communities in Mindanao are still facing health issues because of inadequate if not lack of medi- a month, or even a year after this bill becomes a law. cine in addition to lack of medical personnel and facilities. Parts of Mindanao are still in darkness because But I assure my esteemed colleagues and the Filipino there is no source of power, while the island as a whole, seems to have not yet recovered from the power people—this bill will provide the groundwork on crises of previous years. which the foundations for peace and development in These are only among the many issues Mindanao is facing while our country is dreaming of ASEAN Mindanao shall be laid. integration. These are also the issues Fr. Adam Bago, a Tanzanian national, has to deal with every day in his This bill will address centuries of inherited disad- parish in the hinterland village of Digkilaan, in Iligan City. He travels for hours on foot to the remote jungles vantages suffered by our Muslim brothers and sisters; and crosses the rivers to visit the nearby communities of his parishioners. But he has also opened his doors to erase the accretions of antipathies against Muslim the Muslim and Lumad communities there. Had it not been for tropical storm “Sendong” in 2011, the people brothers and sisters; and be an affirmative action to in these communities would have remained nameless. How can a foreigner be more understanding and con- correct centuries of neglect and injustice on our Mus- cerned than our fellow “Filipinos” out there—a foreigner without religious and racial prejudice? lim brothers and sisters. The real Mindanao deserves a future, and therefore needs closure from its dark past. I look at my chil- I am from Mindanao! I wish to see the day that dren and I couldn’t be more proud and happy that like me, they were born in Mindanao, whose people’s children of Muslims and indigenous peoples will have ancestry has already diversified from the Chinese, Ilokano and Ilonggo settlers, to the Moro (Tausug and the same opportunities as the Christian children in K’lagan) and the Lumad (Mandaya). education, health and employment. And that they I pray and hope that when it is time for them to lead our societies, they will not experience the struggles not be judged because of culture and religion but as and injustices that we have experienced. This may be a cliché for a parent to wish for his children’s future, human beings. but it remains full of love and promise that needs to be fulfilled. I wish to see the day that no one will be left behind; This essay alone may not cover the whole scope of the issues surrounding the Mamasapano incident, no Muslim will be left behind in enjoying the bless- the BBL and the peace process in Mindanao, as I may have missed some salient points on the matter. It ings and fruits of development in our beautiful Island may not also guarantee that it can convince the vast majority of people reading this to understand my of Mindanao. personal perspectives. In conclusion, I urge my colleagues to support last- “Manong Andres cannot pretend to have understood the new face and image of Ailene wearing a ing peace in the Bangsamoro Autonomous Region, hijab, even if he sees it often in the public market every time he buys fish or other commodities. But enhance the economic development of the Bangsam- when for the first time he hears Nur Ainee’s voice, he immediately feels an epiphany, and everything is oro Area and Mindanao, and ensure the inclusive now clear to him—he is already home.” growth of the entire Philippines. ------Be on the right side of History! The author took up his Master in Development Communication from the UP Open University. He is a ------journalist by profession and was a fellow in the 16th Graciano Lopez Jaena Community Journalism Work- Rep. Rufus Rodriguez obtained his law degree from shop at the UP College of Mass Communication. He also teaches at the Mindanao University of Science UP. Email him at [email protected] or and Technology, a state university in Cagayan de Oro City. Email him at [email protected]. [email protected]. UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 23

Mindanao Webs and Dominoes... “On the contrary, with all the rage ulama are one in calling for peace and the result of three centuries of Spanish continued from page 24 and hate, a film on the Bangsamoro reconciliation, and an end to armed colonization of the Philippines. It is a But everything went the opposite can shed light on the lives, struggles conflicts in Mindanao,” he said. fear passed on from one generation to way of these fears. and longings of a people who are least But how saddening and unfortu- the other, propaganda that brainwashed During the actual graduation rites. understood,” he added. nate it is, when on the world stage, Christianized Filipinos that is now hard many people attended the ceremony. “For FDCP to decide with prejudice hundreds of Christian students in a to pry loose from the subconsciousness Iqbal had no MILF personnel by and rescind its support to the project university in Kenya were murdered by of many today. the dozens with him. He delivered a speaks of their profound paranoia, bigotry “Islamic” extremists on Easter Sun- It is a challenge for journalists and speech, received the award, and trav- and ignorance. An insult to me and also to day. This is where the major challenge media practitioners like me to be fair and eled outside the city after the event. the men and women of ARMM and the starts. The struggle can be very real to objective in dealing with this matter so There was never a single chaotic inci- Bangsamoro,” Mangansakan wrote. a Muslim tagged with terrorism, and that they can explain to the public the dent on that day. Despite the lack of support, Teng more so for a Moro who belongs to an entire situation from an unbiased point of A day before the commencement continues to call for donations from his Islamized ethnic group in Mindanao view or at least lead them in understand- exercises, Balay Mindanaw Foundation, friends and supporters and is continu- who once shared the island with the ing the different contexts first before Inc. invited Iqbal for a multi-sectoral ing production. Lumad, the indigenous peoples with jumping to conclusions that may result in conversation inside the Archbishop’s The “profound paranoia, bigotry and tribal or traditional beliefs. another disastrous course of action. Palace of Antonio Ledesma, the Arch- ignorance” is likely to be the toxic ingre- The problem begins when some But after the Mamasapano incident, bishop of the Archdiocese of Cagayan dients that blew out of proportion the people make hasty generalizations: Is- even journalists are divided, that is why de Oro, and also a peace and environ- Mamasapano incident and imperilled the lam - Muslim - Terrorism - Moro - BBL there have been round-table discussions mental advocate himself. Iqbal talked passage of the BBL in Congress. - unpeaceful - chaos. Many times have I among peers and colleagues to flesh out about his vision for the Bangsamoro and And these toxic ingredients are per- tried to enlighten the public through my the differences and address the matter. listened to the concerns and fears of articles and sporadic pronouncements sonified by Sen. Alan Peter Cayetano, But the REAL Mindanao is... those who have heard negative stories. who has turned every Senate inquiry in social media, to better understand the A paradise. My homeland is a poetry I was also there, but instead of into a stage to showcase his apparent contexts and nature of it all. I can under- of diversity and you cannot appreci- feeling threatened or bothered, the political ambitions for 2016. He once stand, and even respect, if one does not ate it if you cannot commune with the exchange of words only warmed my supported the BBL but was quick to agree with the BBL based on political people and its traditions. Living and personal desire to continue to enlighten withdraw his support after what hap- and legal interpretations and if he or she having property alone in Mindanao the people that the Bangsamoro is not pened in Mamasapano without even was able to read the draft. But I cannot will not guarantee full understanding only about them, but is also about us fully investigating the matter and understand why other people insinuate of its complexities; it requires an open and our history as Filipinos. thinking it over; such a typical distinc- that this is because of the “teachings mind and the ability to communicate, Meanwhile, the film “moro2mrw” tion of a traditional turncoat politician. of Islam,” which is to rebel against, or not with arrogance but with humble (Hinabing Kasaysayan ng mga Anak Not only does he demonize hope for a even kill Christians. understanding. ng Gabon/Woven Narratives of the group of people; he also blurs the lines Islam has nothing to do with the Whether the BBL will be passed or Children of the Fog) written and direct- between fact, fiction, and hearsay. BBL. It so happened that the Moros are ed by Gutierrez “Teng” Mangansakan Muslims and they long for self deter- not, it will not put an end to the people II was denied funding and support by Drawing lines: Is it really mination in the western part of Min- of Mindanao’s right to struggle and to the Film Development Council of the religion, culture, politics? danao. It is the same with the Lumad dream. There will be more stories that Philippines (FDCP) for fear that the Archbishop Ledesma’s Easter Sun- who also want to reclaim their ances- will be woven in the voices of men, tral domains from plantations and women and children of Mindanao, stories that can be shared with every Photo by: Nef Luczon mining companies in the central and eastern part of the island. It Filipino from all walks of life. There is also the same struggle when will be stories of sweet success, as there other Filipinos opposed Spanish, will be stories of sad realities that are American and Japanese rule. It anchored in corruption and malpractice. matters not, what your religion is. The real Mindanao may not be The current Moro struggle perfect, but it is still a paradise that ignited when the Jabidah mas- deserves peace. This may be hard to sacre happened in 1968 when follow, as there will be challenges and President Ferdinand Marcos was obstacles that test its validity and en- in power. The Moro struggle did durance. But nevertheless, the first step not start when Osama Bin Laden must be taken. bombed the Twin Towers on The Filipino nation may still be skep- September 11, 2001, an event that tical about the dawn of the Bangsamoro changed the world’s perspectives because of what happened in Mamasa- on Muslims in general. Although pano, and the people of Mindanao may dissenters like the BIFF and have divided views, too, on the matter. Abu Sayyaf had ties with terror- But I know a number of Mindanaoans— ist groups like Al-Qaeda (and Christians, Muslims, Lumad and even those who have no religious affilia- Inside the Archbishop's Palace: MILF chief peace negotiator Mohagher Iqbal stands probably the newest, the Islamic tion—who are working hard to end the in front of other guests coming from the different sectors to answer questions State), the BBL was not drafted to about the BBL, a day before receiving an award from Xavier University-Ateneo de cater to the “extremist” ideals of decades-long conflict brought about by Cagayan for his role in the peace process. With him is Balay Mindanaw Foundation, Islam. Extremism/fanaticism is in generations of misinformation, miscom- Inc. official, Kaloy Manlupig (right), Archbishop Antonio Ledesma and Msgr. Rey fact a by-product of a twisted, if munication and ignorance. We cannot Monsanto, spokesperson for the Archdiocese of Cagayan de Oro. not blasphemous, interpretation of allow another massive war to happen, Islam itself. even if they euphemistically call it an film’s theme would be “divisive.” day message last April 5 did not only Some people would argue that, “all-out offensive.” “How can a singular film that speaks address Christians but also everyone unlike Christianity, Muslims spread The real Mindanao is not just about of the aspirations of the Bangsamoro be else who is going through a lot of grief terrorism and kill non-believers “in armed conflicts, displaced civilians and painful and divisive? Manila has pro- lately. In his “Ten Easter Challenges the name of God,” which is true of the the death of innocents. It is also about duced countless films that debased the for Peace in Mindanao,” he re-stressed extremists. But didn’t the Spaniards addressing the social issues which have Bangsamoro, films that were insensi- that Christianity and Islam are both introduce Christianity in the Philippine remained unsolved by the different tive and ignorant of our history, culture religions of peace. islands also “in the name of God,” be- sectors in society, not just the govern- and religion, insulting not only to the “In their sacred scriptures, the call hind which was an agenda of subjuga- ment. Until now, there are still children Muslims of this country but also to the for peace is strong and persistent: tion for land and gold in the name of unable to finish their elementary and intelligence of every thinking Filipino,” ‘Blessed are the peacemakers…’ In our King Philip II? high school education, much less go to he wrote on his Facebook wall. interreligious dialogues, bishops and The “fear” of Moros is undoubtedly continued on page 22

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Mindanao Webs and Dominoes

Nef Luczon

anong Andres sits in the balcony the nation was awakened to realities that been opened anew by questions about turbed” but also a part of Cagayan de Mof his small house letting the acknowledge its imperfections. the Bangsamoro Basic Law (BBL) that Oro City’s population. heat of the sun, as well as time, pass I hope that someday, through this was brokered by the Philippine govern- Xavier University President Fr. by. His calloused feet, a testament of story, my voice can be heard and I will ment and the MILF in the Comprehen- Roberto Yap explained that the deci- his hard work in the fields, rest on the be able to express my own perspective sive Agreement on the Bangsamoro, sion to award the three, in this year’s polished wooden floors that remind him about Mindanao, my home. supposedly, as a stepping stone towards commencement exercises, was meant to of his age and previous exploits. peace in the island. recognize them for continuing the peace “Basking in the humid air, he listens Requiem for ALL deaths But even in the concept and defini- efforts in Mindanao and in acknowledg- to the portable radio and alas: it is a “Inna lillahi wa inna ilayhi raji'un tion of peace, the nation, including the ing the Bangsamoro people as part of perfect timing when Coritha’s ‘Si- (surely we belong to God and to Him people of Mindanao, was divided. The the Filipino nation. He also said that this erra Madre’ starts to play, for this is shall we return).” This is a phrase in division was so critical that it caused was decided in November 2014, two Manong Andres’ favorite, while looking the Qur’an that is recited by Muslims gaps inside the home and family—with months prior to the ill-fated incident in blankly at the nearest mountain range when a person they know, or friends some hoping that the BBL should be Barangay Tukanalipao, Mamasapano he can see from his balcony. and relatives, experience tragic circum- given a chance so the Bangsamoro town, in Maguindanao province. “Some tears fall, although he tries to stances such as death. dream may live, and some seeing it as There was an atmosphere of dis- contain them. He misses Cagayan Val- Anyone who lost a loved one will a sinister precedent of worse things to comfort for those who had not yet ley, his birthplace. He longs to be back eventually mourn, more so if a loved come in the future for the island. recovered from the “mis-encounter” in in the town where he grew up, but not one’s death was untimely, or his life That one friend of yours whom you Mamasapano. These were the people anytime sooner. was taken away in an undignified share the same fandom for a basketball who were also against the passage “The reminiscing is cut short when manner as in butchery or massacre. team with may not share your senti- of the BBL on the argument that the his attention is called by a female The Mamasapano incident caused 60 ments about peace through BBL. Even MILF cannot be trusted based on the voice, the tone of which is derived deaths, a sum that surpasses from anxiety. He turns off the radio and the figures of the 2009 Am- Photo by: Jonathan M. Macas stands up, going towards the source of patuan massacre. the voice. There he sees a very famil- But the most mourned are iar face, and a mixture of delight and the 44 SAF members, whose confusion overtakes him. death sparked public outrage. “For three years he has neither seen The people’s wrath was also nor heard about her, until now. Ailene, fueled by the proliferation his middle daughter, is in Manong of videos in social media on Andres’ front yard. how the SAF men were killed. “Ailene now wears a long skirt and a Someone, or some people, long-sleeved blouse, and most notably the should be accountable. cloth that covers her hair and head, which But how about the civilian religious folk know as a hijab. She is not casualties? Even they were alone though. Beside her is a girl clutch- accused as coddlers of the ing obviously too shy to look at Manong terrorists Marwan and Basset Andres. The girl’s name is Nur Ainee.” Usman, whom the SAF men The above is an excerpt from a had been tasked to capture screenplay that is currently a work in that day. progress. Interestingly, it was concep- And how about the dead tualized about a month after the Mama- BIFF and MILF members? It Members of the Bangsamoro Transition Committee led by Prof. Aboud Sayed Linga (seated, left) talks with the members of Cagayan de Oro media practitioners on February 21 as part of the media sapano incident on January 25, that led is hard to mourn for them, un- round-table discussion series organized by Mindanews and its partners. to the demise of the 44 members of the less one is a close relative or Philippine National Police - Special Ac- a friend, especially when they tion Force (PNP-SAF) and some casual- appear to be the villains of this story. political allies are divided. bloody results and the idea that why ties from the Moro Islamic Liberation When President Benigno Aquino, Jr. they are collaborating with the BIFF Front (MILF), the Bangsamoro Islamic BBL, Peace and the Great Divide and the members of the Board of Trust- and coddling suspected terrorists. Freedom Fighters (BIFF) and civilians The Mamasapano incident made ees of Xavier University (XU) - Ateneo Some Kagay-anons feared that Iqbal near the area of the “mis-encounter.” ripples in the social consciousness de Cagayan conferred on March 26 the may bring along MILF men as body- Perhaps almost everyone by now is of the many. It brought back to life Fr. Masterson Award on Presidential guards, and some parents were trying familiar with this story. There have been complicated issues that eventually led Advisers on the Peace Process, Teresita to decide whether or not to attend the many voices as well as perspectives, to divisiveness. Deles and Miriam Ferrer, and MILF graduation rites with their sons and some as old as time can remember, some It also brought back talk about chief peace negotiator Mohagher Iqbal, daughters. And there were city-wide suddenly emerging out of nowhere. Mindanao. The wounds of decades of it wasn’t just the Ateneo community, security measures, “just in case.” Because of the Mamasapano incident, armed conflictsand injustices have including its alumni that were “dis- continued on page 23