ROAD MAP TOWARDS THE CREATION OF THE BANGSAMORO
Based on the Framework Agreement on the Bangsamoro and the Annex on Transitional Arrangements and Modalities
CREATION OF TRANSITION DRAFTING OF THE SUBMISSION OF THE 1 COMMISSION (TC) 2 BANGSAMORO BASIC LAW 3 BASIC LAW TO CONGRESS President Aquino signed Executive Order 120 on Dec. 17, 2012 BY THE TC that provided for the creation of the TC, which the Senate and Congress supported with their respective resolutions.
PLEBISCITE FOR THE PASSAGE OF THE BASIC LAW CERTIFICATION OF THE 6 BANGSAMORO BASIC LAW 5 IN CONGRESS 4 PROPOSED BANGSAMORO The Bangsamoro Basic Law, once enacted by Congress, shall BASIC LAW AS AN URGENT undergo a process of popular ratifcation by the qualifed waters BILL BY THE PRESIDENT in the core territory of the Bangsamoro region as identifed in the FAB. The results of the plebiscite on the BBL will determine the geographical scope of the Bangsamoro. In efect, the people will decide whether they will join the Bangsamoro or not.
THE TC SHALL CEASE TO ARMM IS DEEMED ABOLISHED APPOINTMENT OF BANGSAMORO 7 EXIST UPON THE ENACTMENT 8 ONCE THE BANGSAMORO 9 TRANSITION AUTHORITY (BTA) OF THE BANGSAMORO BASIC LAW BASIC LAW IS RATIFIED TO SERVE FOR INTERIM PERIOD
SIGNING OF ELECTION FOR BANGSAMORO 11 EXIT DOCUMENT 10 GOVERNMENT BY 2016 An Exit Document ofcially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented. www.opapp.gov.ph BangsamoroPrimer on the proposed Basic Law
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BBL Primer_inside_110414_prepress.indd 1 11/4/2014 12:06:19 PM Credits Cover photo and inside front cover info-graphic courtesy of www.opapp.gov.ph Inside back cover info-graphics courtesy of Andrew Alonto.
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Ryan G. Palacol AX Digital Palette Designs E: [email protected] M: +63 927.654.4785 W: http://www.axdpdesigns.com Message from the Chairman
his Primer on the proposed Bangsamoro Basic Law (BBL) seeks to explain, expound and clarify the provisions of the Tproposed BBL. The issues and questions in this Primer are the same concerns raised in the congressional hearings and forums. The Bangsamoro Transition Commission (BTC) that drafted the proposed BBL.
The Primer addresses questions not only with respect to the constitutionality and legality of the provisions but more importantly the context and problems they seek to address. The enactment of the BBL is a critical component in the over-all peace process between the Philippine government and the Moro Islamic Liberation Front as agreed upon in the Comprehensive Agreement on the Bangsamoro (CAB). Alongside the enactment of the BBL are equally critical activities such as normalization and decommissioning processes among others. I urge our readers to have a broad lens in reading and appreciating the proposed BBL provisions. This is the kind of lens that appreciates the long history of the struggle of the Moro people and attempts to address their historical grievances. It is only by taking on this lens that one can fully grasp the wisdom and noble intentions behind the BBL provisions.
Some questions currently raised proceed from lack of understanding and at times from the biases and prejudices ingrained in the culture questions head-on in the spirit of transparency and accountability.
iii The envisioned Bangsamoro political entity will be founded among others in the same ideals that animated the Bangsamoro struggle such as responsibility and accountability to the people in whose name and behalf the struggle was waged. These ideals we continue to embrace and uphold to address fears and concerns; rumors and speculations that can potentially reverse the great strides we development.
I urge everyone to read the proposed BBL and actively participate in discussions and forums for better understanding and appreciation of its provisions. Our shared future is shaped by this important document that addresses the various interests and problems of stakeholders. It is my hope that this Primer can help foster greater understanding of the complex problems we are facing and our resolve to address them through the proposed BBL. By then, we can peace and goodwill--- treading one common path to a shared future of peace and prosperity.
Hon. MoHaHaGHeeRR Iqbal Chairman Bangsamoro Transition Commission
iv Table of Contents
1 General Principles and Policies 8 1.1 What is the proposed Bangsamoro Basic Law (BBL)? 8 1.2 What is the purpose of the BBL? 8 1.3 How shall the proposed BBL become a law? 8 1.4 What are the key principles and policies 9 in the proposed BBL?
2 Bangsamoro Identity and Basic Rights 10 2.1 Who are the Bangsamoro people? 10 2.2 Apart from the Bangsamoro people, who are the other 10 inhabitants of the Bangsamoro? 2.3 Are the rights of migrants settlers guaranteed 10 in the proposed BBL? 2.4 Are the rights and welfares of the indigenous peoples 11 recognized, guaranteed and protected in the proposed BBL? 2.5 Are the rights and welfare of the women and children 12 recognized and guaranteed in the proposed Bangsamoro Basic Law? 2.6 Are labor rights guaranteed in the proposed BBL? 13 2.7 Is there a mechanism to resolve complaints 13 for human rights violations in the Bangsamoro?
3 Bangsamoro Territory 14 3.1 What is included in the Bangsamoro territory? 14 3.2 What is the core territory of the Bangsamoro? 14 3.3 Is there an opportunity for geographic areas outside the 15 core territory to become part of the Bangsamoro territory 3.4 What are the Bangsamoro waters? 15 4 Political Autonomy and Bangsamoro Government 16 4.1 What is the legal basis for the grant of political autonomy 16 and the establishment of the Bangsamoro Government? 4.2 Is the Bangsamoro a state or a sub-state within the 16 Republic of the Philippines? 4.3 Why is the parliamentary system a more appropriate 17 system of government for the Bangsamoro? 4.4 Is the Bangsamoro ministerial and parliamentary system 17 allowed by the Philippine constitution? 4.5 What is the role of political parties under the ministerial 18 and parliamentary system? 4.6 Will the Bangsamoro have its own electoral system apart 18 from the national electoral system? 4.7 What is the composition and functions of the 19 4.8 What is the composition of the Bangsamoro Parliament? 19 4.9 How are members of Parliament chosen? 20 20 4.11 Will the ministerial and parliamentary system ensure 21 accountability and good governance? 21 government?
5 Inter-Governmental Relations 22 5.1 How does the proposed BBL describe the relationship 22 between the Bangsamoro and Central Governments? 5.2 What is the meaning of parity of esteem as a guiding 22 principle in the relations between the Central Government and the Bangsamoro? 5.3 What are “reserved powers” of the Central government? 22 5.4 What are “concurrent powers” of the Central 23 Government and the Bangsamoro Government? 5.5 What are “exclusive powers” of the Bangsamoro 23 Government and what are these powers? 5.6 What is the legal basis for recognition by the proposed 24 BBL of the exclusive powers of the Bangsamoro Government? 5.7 How will greater coordination and harmonious relations 24 between the Central Government and the Bangsamoro be realized? 25 that exercise functions related to those vested in constitutional bodies. How will these bodies relate to each other? 26 central government? 5.10 What is the role of LGUs in the Bangsamoro and the 26 relationship between the Bangsamoro government and its constituent local government units (LGUs)? 5.11 Is the Bangsamoro empowered to create LGUs? 26 5.12 Is there a mechanism to promote coordination and 26 harmony of policies and actions between the Bangsamoro Government and LGUs?
6 Justice System in the Bangsamoro 28 6.1 What is the justice system in the Bangsamoro? 28 6.2 What is the basis for the creation of the justice and court 28 system in the Bangsamoro? 6.3 What are the main features of the Shari’ah law and 28 courts? 6.4 What is the tribal justice system? 29 6.5 What will be the state of local courts under the 30 Bangsamoro? 6.6 What is the place of Bangsamoro justice system and 30 courts in the national justice and court system? 6.7 How will the Shari’ah Judges be appointed? 30
7 Public Order and Safety 31 7.1 What is the responsibility of the Bangsamoro Government 31 in maintaining public order or security in the Bangsamoro? 7.2 What is the system of policing in the Bangsamoro? 31 7.3 What are the powers and functions of the Bangsamoro 32 Police? 7.4 How will the Bangsamoro Police be organized? 33 7.5 What is the relationship of the Bangsamoro Police with 34 the National Police Commission? 7.6 What are the powers of the Chief Minister over the 35 Bangsamoro Police? 35 Police appointed? 7.8 What is the role of the Central Government in the 36 defense of the Bangsamoro? 7.9 Who has authority over the Armed Forces of the 36 Philippines in the Bangsamoro?
8 Fiscal Autonomy 37 37 Bangsamoro? 8.2 Will the Bangsamoro have more funds than the 37 current ARMM to improve the living conditions of the Bangsamoro people? 8.3 What are the taxes that can be fully imposed by the 38 Bangsamoro Government? 8.4 How about the share of the Bangsamoro from national 38 taxes? 8.5 Does the proposed BBL address the perennial 39 administrative gaps that cause slow or non-remittance of the fair share of the autonomous region from national taxes? 8.6 What is the Intergovernmental Fiscal Policy Board 39 (IGFPB)? 8.7 What is the annual block grant to the Bangsamoro? 40 8.8 What other sources of funds can be tapped by the 40 Bangsamoro Government for the development of the Bangsamoro? 8.9 What will happen to the Southern Philippine 41 Development Authority (SPDA) and Al-Amanah Islamic Investment Bank? 8.10 How will the income from the exploration, development 41 and utilization of natural resources in the Bangsamoro be shared between the Bangsamoro and Central Governments? 8.11 How can we ensure that public funds are used judiciously 41 in the Bangsamoro?
9 Economy and Patrimony 42 9.1 What are the basic policies on Bangsamoro economy and 42 patrimony? 9.2 Is there a mechanism to ensure observance and 42 implementation of these policies?
10 Natural Resource 43 10.1 What is the scope of the Bangsamoro Government’s 43 powers over natural, energy, and mining resources? 10.2 What is the scope of the power of the Bangsamoro 44 Government over exploration, development and utilization of fossil fuels and uranium? 10.3 Will inhabitants of the Bangsamoro enjoy preferential 44 rights over exploration, development and utilization of natural resources in the Bangsamoro? 10.4 What are the policies of the Bangsamoro on mining? 44 10.5 What are Zones of Joint Cooperation? 45 10.6 How will the Zones of Joint Cooperation be 45 administered? 10.7 What are the policies on trade and industry in the 46 Bangsamoro? 10.8 What is the scope of the power of the Bangsamoro 46 Government over barter trade and countertrade with ASEAN countries? 10.9 Can the Bangsamoro Government create economic 47 zones? 10.10 What are the powers of the Bangsamoro Government 47 10.11 What are the powers of the Bangsamoro over 48 transportation and communications? 10.12 Does the Bangsamoro Government have a role in the 48 rehabilitation and development of former combatants? 10.13 Is there a dedicated fund for rehabilitation and 48 development? 11 Plebiscite 49 11.1 Which areas will participate in the plebiscite for the 49 11.2 Can other areas still opt to join the Bangsamoro after 50 the plebiscite is conducted? 11.3 How will the Bangsamoro Government govern LGUs 50 and geographic areas that opted to be part of the Bangsamoro but may be geographically dispersed?
12 Bangsamoro Transition Authority 51 12.1 What is the Bangsamoro Transition Authority (BTA)? 51 12.2 What is the composition of the BTA? 51 12.3 What are the powers of the BTA? 51 12.4 What are the functions and priorities of the BTA? 52 12.5 How will the transition plan be formulated? 52 12.6 Who shall perform the functions of government during 52 the transition period? 12.7 What is the composition of the Interim Cabinet? 53 12.8 Can the Bangsamoro Government still change the 53 bureaucracy created by the BTA ? 53 the current ARMM be deemed abolished that personnel will have to immediately vacate their positions? 54 by the organization of the Bangsamoro government be 12.11 Is there a requirement in the BTA in the hiring and 54 placement of personnel during the transition period? 12.12 Will there be funding for the BTA and the transition 54 process? 54 Government be held? Sidebar Questions 8 emblem and anthem. Does this mean that it is a state within the Philippine state? B. Will the proposed BBL lead to the dismemberment of the 8 Philippine republic and separation of the Bangsamoro from the Philippine state? 9 Bangsamoro or only the Moro Islamic Liberation Front (MILF) that negotiated its terms with the Philippine Government? D. Is there any basis for some fears and concerns that in the 11 Bangsamoro, the religious practices of Christians and people of other faiths will be regulated or curtailed? Will the selling and consumption of alcoholic drinks and pork be prohibited in the Bangsamoro? E. Are Bangsamoro people Filipinos? 13 F. In the proposed BBL, the Bangsamoro Government shall have exclusive power to regulate power generation, 18 transmission and distribution. What will be the implications of this power in cases where hydroelectric power is produced in the Bangsamoro territory such as in Lake Lanao which is a major source of electricity for the whole Mindanao? 27 BBL on the Internal Revenue Allotment (IRA) of LGUs that will be part of the Bangsamoro? 32 Police (PNP) and/or in the Armed Forces of the Philippines? I. Why are the provisions on normalization in the 33 Comprehensive Agreement on the Bangsamoro (CAB) particularly decommissioning of MILF troops not included in the proposed BBL? J. What is the process for the decommissioning of the MILF 34 forces and weapons? K. How will the six (6) municipalities and the thirty-nine (39) 49 barangays included in the plebiscite and voted yes for their inclusion in the Bangsamoro be governed? Of which municipality or province will they be part of? L. What I can I do to help in the approval of the proposed BBL? 55 1 General Principles and Policies
1.1 What is the proposed A. The Bangsamoro is Bangsamoro Basic Law (BBL)? authorized to adopt its ofcial fag, emblem and anthem. Does this mean Congress by the President to be the Basic Law that it is a state within the Philippine state? of the new Bangsamoro political entity that will replace the current Autonomous Region in No, because this authority is not Muslim Mindanao (ARMM). When approved only granted to the Bangsamoro but also to local government units into law, the proposed BBL will implement the (LGUs) and other governmental Framework Agreement on the Bangsamoro entities. The ARMM Organic Law (FAB) and its Annexes entered into between or R.A. 9054 already empowered the Government of the Philippines (GPH) and the Regional Assembly of the the Moro Islamic Liberation Front (MILF). ARMM to pass a law adopting an ofcial regional emblem, seal and hymn. The Flag and Heraldic Code of the Philippines or R.A. 1.2 What is the purpose of the BBL? 8491 authorizes any governmental entity to adopt its own heraldic To establish a political entity, provide for its devices or items. basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration B. Will the proposed BBL lead to chart their political future through a to the dismemberment democratic process that will secure their identity of the Philippine republic and separation of the and posterity and allow for meaningful self- Bangsamoro from the governance. (Art. 1, sec. 3) Philippine state? No. The proposed BBL envisions 1.3 How shall the proposed BBL a genuinely autonomous not an become a law? independent Bangsamoro that is created in accordance with the Philippine constitution. The When approved by the majority of the members proposed BBL is to be enacted by of the House of Representatives and the Senate, Congress and submitted to the Bangsamoro constituents in a the majority of votes cast in the plebiscite to be plebiscite. It also clearly specifes that the Bangsamoro territory sec. 1-4). The BBL will be enforced only within shall remain part of the Republic of the Philippines. The proposed the provinces, cities and geographic units that BBL is a formula for unity not dismemberment of the Philippine republic. 8 1
1.4 What are the key principles C. Will the proposed BBL and policies in the proposed BBL? beneft all residents of the Bangsamoro or only the 1. The Bangsamoro is empowered to exercise Moro Islamic Liberation Front self-governance and self-determination (MILF) that negotiated its terms with the Philippine to pursue its economic, social and cultural Government? development (Article IV, Sec. 1). It exercises self-governance under a democratic system Yes it will beneft all residents and not just the MILF.. where people freely participate in the political The proposed BBL envisions processes (Sec. 2) cognizant of the Philippine that all Filipino citizens in the General Principles & Policies constitution and the universally accepted Bangsamoro irrespective of principles of human rights, liberty, justice, identity and creed will enjoy democracy and standards of international law equal rights and privileges and share responsibilities in the Bangsamoro. The proposed autonomy to enhance the economic, self- BBL creates democratic and inclusive institutions such as the Bangsamoro as distinguished from the other Bangsamoro Parliament where region in the Philippines. (Art. XII, Sec. 1) all citizens in the Bangsamoro will be given the opportunity 2. The Bangsamoro territory is part of the to participate either directly Philippines (Art. III, Sec. 1). The Bangsamoro or through their elected Government shall promote unity, peace, representatives. Any Christian justice and good will among all peoples as well settler or indigenous person, shall as encourage a just and peaceful settlement have the same political, civil, social and economic rights of a of disputes (Art. IV, Sec. 5). It shall establish Moro. Any citizen shall have the a government that ensures that every citizen same rights and privileges of a in the Bangsamoro is provided the basic member of Moro revolutionary necessities and equal opportunities in life. groups such as the MILF and the Social Justice shall be promoted in all phases Moro National Liberation Front of development and facets of life within the (MNLF). The Preamble of the Bangsamoro (Art. IV, Sec. 7). proposed BBL clearly provides that the source and benefciaries of the 3. In its relations with the Central Government, proposed BBL are the Bangsamoro the Bangsamoro government shall be under people and other inhabitants of the general supervision of the President the Bangsamoro. to ensure that laws are faithfully executed consistent with the principle of autonomy and the asymmetric relations of the Central and Bangsamoro Governments (Art. VI, Sec. 1). 9 2 Bangsamoro Identity and Basic Rights
2.1 Who are the Bangsamoro people?
Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants, whether of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their
2.2 Apart from the Bangsamoro people, who are the other inhabitants of the Bangsamoro?
The migrant settlers and other indigenous peoples (IPs). In the case of IPs, they have the freedom to choose their identity.
2.3 Are the rights of migrants settlers guaranteed in the proposed BBL?
Yes. Article IX on Basic Rights in the proposed BBL guarantees the basic rights of all inhabitants in the Bangsamoro including the migrant settlers. Among these rights are the right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender and ethnicity. The right to freedom from religious, ethnic and sectarian harassment is also guaranteed. Vested property rights shall be recognized and respected.
10 2.4 Are the rights and welfares D. Is there any basis for 2 of the indigenous peoples some fears and concerns recognized, guaranteed and that in the Bangsamoro, the religious practices protected in the proposed BBL? of Christians and people of other faiths Yes. The Bangsamoro Government recognizes will be regulated or the rights of the Indigenous peoples and curtailed? Will the shall adopt measures for the promotion and selling and consumption protection of their rights including among of alcoholic drinks and others: pork be prohibited in the Bangsamoro?
a. Right to their native titles and/or fusaka inged There is no basis for curtailing b. Indigenous customs and traditions religious practices of non- c. Justice system and indigenous political Muslims and for banning
structures the selling and consumption Bangsamoro Identity & Basic Rights of alcoholic drinks and pork d. Equitable share in revenues from the in the Bangsamoro. The Bill utilization of resources in their ancestral lands of Rights in the Philippine e. Right to free and prior informed consent in Constitution is enforceable relation to development initiatives. in the Bangsamoro and it f. Right to political participation in the guarantees the freedom Bangsamoro government including two (2) and free exercise of reserved seats in the Bangsamoro Parliament religion. The proposed BBL guarantees right to freedom and representation in the Council of Leaders, from religious, ethnic and Cabinet and the Bangsamoro Transition sectarian harassment. While Authority. The Bangsamoro Parliament shall Islamic values underpin the Bangsamoro, they will not the Indigenous Peoples (Article V, Section be imposed on non-Muslims 3, Item 30), establish a tribal university for whose religious practices and beliefs are protected by the IPs, and the Bangsamoro Parliament may Philippine Constitution and likewise create appropriate local government the Bangsamoro Basic Law. units in the areas inhabited predominantly by Shari’ah law, for example, indigenous peoples (Article V, Section 3, Item shall be applicable only to no. 57). Muslims. g. Right to Basic Services h. Right to freedom of choice as to their identity. (Art. IX, sec. 5)
11 2 2.5 Are the rights and welfare of the women and children recognized and guaranteed in the proposed Bangsamoro Basic Law?
Yes. The Bangsamoro Government shall uphold and protect the fundamental rights of women and children including the right of women to engage in lawful employment. Women and children especially orphans of tender age, shall be protected from exploitation, abuse or discrimination. The Bangsamoro Parliament shall enact the necessary laws for the implementation of this section (Art. IX, Sec. 10).
Aside from the reserved seat for women in the Parliament, there shall Cabinet. The Bangsamoro Parliament is mandated to enact a law that
Bangsamoro Identity & Basic Rights gives recognition to the important role of women in nation-building and regional development and ensures representation of women in other decision-making and policy-determining bodies of the Bangsamoro Government (Art. IX, Sec. 11).
The Bangsamoro Government respects, protects, and promotes the rights of the children.
Bangsamoro policies and programs must take into utmost consideration the best interest of the child, non-discrimination of children, survival and development, protection and rights of children, youth and adolescents (Art. IX, Sec. 12).