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BOL) Process the Bangsamoro Peace Process U During His Inaugural Speech on 30 June 2016, Pres

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BOL) Process the Bangsamoro Peace Process U During His Inaugural Speech on 30 June 2016, Pres Bangsamoro Organic Law Atty. Maisara Dandamun-Latiph Commissioner Bangsamoro Transition Commission Resolu'on 18 (1974)- OIC recommenda9on to find a just , durable and comprehensive poli9cal solu9on to the problem of southern Philippines through nego9a9on within the sovereignty and territorial integrity of the Philippines ---AUTONOMY The Tripoli Agreement of 1976 Quick Look at the PD 1618: Marcos Autonomy Milestones reached Ar9cle X of the 1987 with the Moro fronts Cons9tu9on RA 6734 (1989) Tripar9te Review Process (2007 to 2016) The 1996 Final Peace RA 9054 (2002) Agreement Start of Peace Talks with MILF (1997) 2012 Framework Agreement on the Bangsamoro (FAB) 2016 Comple9on of 2014 Comprehensive Agreement on 2018 Bangsamoro the Tripar9te review the Bangsamoro (CAB) Organic Law (BOL) Process The Bangsamoro Peace Process u During his inaugural speech on 30 June 2016, Pres. Duterte committed to implement all signed agreements in step with constitutional and legal reforms. This includes the implementation of the Comprehensive Agreement on the Bangsamoro (CAB). What is the Comprehensive Agreement on the Bangsamoro ? The CAB which was signed on 27 March 2014 culminates the 17 years of negotiations between the Government of the Philippines CAB (GPH) and the Moro Islamic Liberation Front (MILF) and proposes a comprehensive political settlement that aims to provide a just and lasting solution to the armed conflict. Implementing the CAB includes: • Drafting and ratification of an enabling law that will pave Political- the way for the establishment of the Bangsamoro political Legislative Track entity that will replace the current ARMM • Implementation of the Program for Normalization in the Normalization Bangsamoro to transform conflict areas into peaceful and productive communities Track 7 • Aspects: Security, Socioeconomic Development, Transitional Justice & Reconciliation, and Confidence-building measures Why pursue the peace process ? • We are ins)tu)ng peace and stability in Muslim Mindanao not through violence (all-out-war) but through a nego)ated poli)cal se<lement to address: q Historical injus)ces commi<ed against the Bangsamoro q Minori)za)on and landlessness q Rela)ve economic depriva)on and underdevelopment (bring lag regions like the Bangsamoro at par with the other more developed regions in the country) q Poli)cal and cultural marginaliza)on q The just aspira)ons oF the Bangsamoro people For selF-determina)on while preserving and strengthening the territorial integrity oF the Republic oF the Philippines. These we aim to address as envisioned in the Comprehensive Agreement on the Bangsamoro (CAB) and as further provided in the Bangsamoro Organic Law (BOL) 3 Republic Act No. 11054 “Act Act providing for the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, repealing for the purpose RA 6734, entitled “An Act Providing for an organic act of the ARMM,” as amended by RA 9054, entitled “An Act to strengthen and expand the Organic Act for the ARMM” Purpose of the Bangsamoro Organic Law “The purpose of this Organic Law is to (a) ESTABLISH A POLITICAL ENTITY, (b) PROVIDE FOR ITS BASIC STRUCTURE OF GOVERNMENT (in recognition of the justness and legitimacy of the cause of the Bangsamoro people and the aspirations of Muslims Filipinos and all indigenous cultural communities in the Bangsamoro Autonomous Region in Muslim Mindanao to secure their identity and posterity,) (c) ALLOWING FOR MEANINGFUL SELF-GOVERNANCE within the framework of the Constitution and the national sovereignty as well as integrity of the Republic of the Philippines” Outline of the Bangsamoro Organic Law (BOL) Preamble Art X Bangsamoro Justice Art I Name and Purpose System Art II Bangsamoro Identity Art XI National Defense,Public Art III Territory Order and Safety Art IV General Principles and Art XII Fiscal Autonomy Policies Art XIII Economy and Patrimony Art V Powers of Government Art XIV Rehabilitation and Art VI Intergovernmental Relations Development Art VII The Bangsamoro Art XV Plebiscite Government Art XVI Bangsamoro Transition Art VIII Wali Authority Art IX Basic Rights Art XVII Amendments and Revisions Art XVIII Final Provisions 1 What is the “Bangsamoro”? Identity Political entity Government or the or the or the Bangsamoro Bangsamoro Bangsamoro Government People that will replace the that will replace the ARMM ARMM Regional Government The Bangsamoro is the secular autonomous government mandated in the Constitution. The Bangsamoro is not an Islamic state. 10 Bangsamoro Iden;ty Bangsamoro people refers to those who, at the advent of the Spanish coloniza5on, were considered na5ves or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have the right to iden5fy themselves, their spouses and descendants, as Bangsamoro The Bangsamoro Government shall recognize and promote the rights of non- Moro indigenous peoples in the Bangsamoro. The freedom of choice of all people in the BAR shall be respected. Indigenous peoples have the freedom to retain their dis5nct indigenous and ethnic iden5ty in addi5on to their Bangsamoro poli5cal iden5ty. There shall be no discrimina;on on the basis of iden;ty, religion and ethnicity. TERRITORY OF THE BANGSAMORO THE PRESENT GEOGRAPHICAL AREAS THE BANGSAMORO AUTONOMOUS REGION WILL OF THE ARMM: BE DIVIDED INTO THREE (3) SUBREGIONS: PROVINCE OF SULU PROVINCE OF TAWI TAWI SOUTH WESTERN MINDANAO PROVINCE OF MAGUINDANAO NORTH CENTRAL MINDANAO PROVINCE OF LANAO DEL-SUR PROVINCE OF BASILAN SOUTH CENTRAL MINDANAO ISLAMIC CITY OF MARAWI CITY OF LAMITAN TO ENSURE REPRESENTATION OF ALL THE SUBREGIONS THE TWO (2) DEPUTY CHIEF MINSTERS SHALL COME FROM TWO (2) SUBREGIONS DIFFERENT FROM THAT OF THE CHIEF MINISTER THE AREAS OUTSIDE THE CORE TERRITORIES MAY OPT AT ANY TIME TO BE PART OF THE BANGSAMORO THROUGH A RESOLUTION OF THE LOCAL GOVERNMENT UNIT OR UPON PETITION OF AT LEAST 10% OF THE REGISTERED VOTERS AND APPROVED BY THE MAJORITY OF THE QUALIFIED VOTER CASTS IN THE PLEBISCITE AREAS THAT VOTED YES TO INCLUSION OR EXCLUSION IN THE ARMM IN THE 2001 PLEBISCITE 6 TOWNS IN LANAO DEL NORTE: 39 OUT OF 208 BARANGAYS IN SIX TOWNS IN NORTH COTABATO: THE CITIES OF COTABATO AND ISABELA IN THE PIGKAWAYAN (8 OF 40 BARANGAYS) ALEOSAN ( 3 OF 19 BARANGAYS) PROVINCE OF BASILAN BALOI, MUNAI, NUNUNGAN, KABACAN (3 O 24 BARANGAYS) PIKIT (11 OF 42 BARANGAYS) PANTAR, TAGOLOAN,TANGKAL CARMEN ( 2 OF 28 BARANGAYS) MIDSAYAP ( 12 OF 57 BARANGAYS) BANGSAMORO WATERS BANGSAMORO AUTONOMOUS REGION INTRODUCES REGIONAL WATERS FOR THE BANGSAMORO REGION EXTENDING UP TO 19 KILOMETERS FROM THE LOW-WATER MARK ALL INLAND WATERS WILL BE PRESERVED AND MANAGED BY THE BANGSAMORO GOVERNMENT THOSE THAT ARE UTILIZED OR ENERGY IN AREAS OUTSIDE THE BAGSAMORO REGION WILL BE CO-MANAGED BY THE BANGSAMORO GOVERNMENT AND THE DEPARTMENT OF ENERGY Areas where the plebiscite will be conducted The establishment of the Bangsamoro shall take effect upon the ratification of the BOL by majority of the votes cast in a plebiscite in: 1) Present ARMM (Maguindanao, Lanao del Sur, Basilan, Sulu, Tawi-Tawi, Marawi City, Lamitan City) 2) 6 municipalities of Baloi, Munai, Nunungan, Pantar, Tagaloan and Tangkal in Lanao del Norte 3) 39 brgys in Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato 4) Cotabato City and Isabela City, Basilan 5) Any LGU unit or geographic area outside the territorial jurisdiction of the Bangsamoro, but which a) Are contiguous to any of the component units of the Bangsamoro, b) upon a verified petition for the conduct of a plebiscite of at least 10% of the registered voters, or resolution of its LGUs asking for inclusion at least 2 months prior the conduct of the plebiscite. The plebiscite shall be conducted, not earlier than 90 days or later than 150 days after the effectivity of the Bangsamoro Organic Law on 21 January 2019. 13 Rela&onship of Bangsamoro Government with Na&onal Government The Bangsamoro government will have an asymmetrical rela&onship with the na2onal government, as the BARMM will have more autonomy than other regions in the country. – While the na2onal government will retain powers over cons2tu2onal and na2onal ma>ers such as foreign affairs and defense, the Bangsamoro government will have exclusive powers over some areas including budge2ng, administra2on of jus2ce, agriculture, customary laws, crea2on of sources of revenue and etc. Inclusivity in the Bangsamoro Organic Law q Ten percent (10%) of the seats in the Bangsamoro Parliament reserved for non-Moro indigenous peoples and settler communities, women, youth, traditional leaders, and the ulama q Promotion of rights of non-Moro IPs in the Bangsamoro through the creation of a Ministry for Indigenous Peoples that will formulate and implement policies, plans, and programs for all IPs in the region, on top of upholding the existing laws for IPs q Representation of traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, and Bangsamoro communities outside of the Bangsamoro Autonomous Region in the Council of Leaders that shall advice the Chief Minister in governace q Respect of existing customary justice system of the Bangsamoro people and allows its practice in harmony with the Constitution, such as the Shari’ah, traditional or tribal laws, and other relevant laws q Participation of women in the Bangsamoro Cabinet q Mechanisms for consultations for women and marginalized sectors POWERS OF THE BANGSAMORO GOVERNMENT HUMAN RIGHTS INDIGENOUS INLAND WATERS ISLAMIC BANGKING
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