The forum was held at Beachside Inn, Bongao, Tawi-tawi on Nov. 24, 2014 and was aired live over local radio station DXGD. The panelists were MSU Prof. Magsaysay Werble, IAG ED Atty. Benedicto Bacani, and BTC Legal Counsel Lanang Ali, Jr.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Opening remarks

 

DXGD radio anchor and forum host Babylyn Omar set the tone of the forum with her introductory remarks: “Peace is development, development is peace. Peace without development is no peace at all. Peace is the essence and fruit of governance anchored on moral obligation to deliver programs and services with utmost sincerity, commitment and goodwill.”

 

For panelist Lanang Ali Jr. of the BTC legal team, there is no perfect law, but he assured the public in Tawi-tawi that the BTC strived to make the BBL a good law as much as possible.

 

IAG Executive Director Benedicto Bacani recalled the thesis of his 2004 book “Beyond Paper Autonomy”, saying there is a need to distinguish between law as written on paper and its actual implementation. According to him, laws that are not properly implemented are no good. The experience of ARMM tells us that some powers are not being utilized because of structural deficiencies. At the policy level, there are many problems in the autonomous region the BBL should be able to address.

 

For Mindanao State University (MSU) Tawi-tawi Prof. Magsaysay Werble, the discussion on the different provisions of the BBL must always be anchored on everybody’s desire to finally have peace in the Bangsamoro homeland. He cautioned against those who have vested interests sowing misinformation on the BBL. He stressed on understanding and respecting each other’s beliefs.

 

Prof. Werble echoed the observation that Tawi-tawi is not represented in the making of the BBL. “This does not mean that the people here are less educated. We know the law,” he said.

 

Discussion

 

On the term ‘Bangsamoro’

 

The term “Bangsamoro” pertains to identity, new political entity and its government, and the territory to be carved out by the plebiscite for the ratification of the BBL. According to Atty. Ali, the BTC undertook the crucial task of drafting the BBL on “problem-solving mode.” This entailed looking into how political and fiscal autonomy could be improved – without violating the Constitution – through the BBL.

 

“Bangsamoro” as identity is a description, Atty. Ali explained. The Bangsamoro identity implies “recognition of various identities to make them known here and outside the territory. It does not have entitlements or attached privileges. The BBL only provides for preferential rights when it comes to natural resources. Identity has no relations to holding public office. Anybody can work in the Bangsamoro. In fact, the qualifications for Bangsamoro Parliament require Philippine citizenship, residency for a period of time in the Bangsamoro, among others. This means that the BBL is inclusive.”

 

The BTC, cognizant of the problematic representation in the ARMM Regional Legislative Assembly (RLA), formulated a solution for the Bangsamoro by way of a parliamentary system of government and allocated the 60 seats in the Bangsamoro Parliament as follows: 40 percent as district seats, 50 percent for party representatives, and 10 percent reserved seats for sectoral representation.

 

Under this setup, even organizations as far as Tawi-tawi can have a chance to have a seat in the Bangsamoro Parliament, Atty. Ali said. Similarly, Christians, Muslims, or indigenous peoples can now put up and register their parties and vie for representation.

 

For district representation, the BBL states that one parliamentary district should have at least one hundred thousand inhabitants.

 

On Bangsamoro waters

 

Atty. Ali moved the discussion to another issue: Bangsamoro waters. He clarified that the proposed BBL does not intend to change the names of Sulu Sea or Moro Gulf on the map. “Bangsamoro waters” is the descriptive name given to regional waters, which “shall extend up to 22.224 kilometers or 12 nautical miles from the low-water mark of the coasts that are part of the Bangsamoro territory.” Within this jurisdiction, the Bangsamoro will exercise exclusive powers in terms of utilization and conservation of marine and aquatic resources. This demarcation will not restrict free movement of people, goods and services, Atty. Ali added.

 

On relations between national government and Bangsamoro government

 

That the BBL clarified the relations between the Bangsamoro government and the national government is a noteworthy feature of the law, Atty. Bacani said. With a clearer categorization of powers as exclusive, concurrent, and reserved, there is hope that transactional politics will fade away; vague jurisdictions resulting in finger-pointing will finally be a thing of the past. Now, citizens knowing fully well whose jurisdiction certain powers belong to – national government or Bangsamoro government – can participate more meaningfully to make sure that governance at all levels works in an effective, efficient and transparent manner.

 

ARMM got a share from bad press on fund utilization, but in truth, ARMM has control of very limited funds, which are spent mostly on salaries of employees. Program funds still remain with the national line agencies.

 

According to Ali, the BBL addresses this problem through the block grant, a lump sum budget for the region whose allocation will be decided at the regional level by the Bangsamoro Parliament. Vis-à-vis this change is the clarification on whose jurisdiction certain responsibilities will fall. Ali expects that many of the exclusive powers granted to the Bangsamoro Government will be devolved eventually to the LGUs as the latter are the service providers in the frontlines. At present, critical services like health and education have not been devolved from the regional government to the local governments. With the Bangsamoro, there is a tangible opportunity to draw clearer relations and cooperation between the Bangsamoro Government and its constituent LGUs.

 

The panel cautioned, however, that the BBL is not a perfect law that will solve all the existing gaps in the ARMM. But Ali believes the draft BBL has all the fundamentals that are sound and responsive and with Congress conducting public consultations, it could still be improved further.

 

Inclusivity question

 

The panelists stressed on educating the public on the inclusivity of the Bangsamoro to dispel wrong notions about the BBL. Bacani said he believes the draft BBL has sufficient guarantees with respect to human rights. “There may be regulations for sensitivity (to Islam) considerations but the Bill of Rights will still be applicable in the Bangsamoro,” he said.

 

For Bacani, it is important to situate the BBL in the whole evolution of autonomy in the region. From this perspective, the ARMM is not a failed experiment considering that the Bangsamoro is building on it. The gains of the previous agreement between the government and the Moro National Liberation Front (MNLF) will not be wasted. “If we look at the formula of the Tripoli and the Final Peace Agreement (FPA), it’s the same autonomy. What we are doing now in the BBL is to make this autonomy more enforceable and more effective,” explained Bacani.

 

He also urged the public to look at the inclusivity question not from the personal or group level but from the structural level where there is real opportunity for all to be represented. In fact, the BBL will expand this representation from 24 seats in the current Regional Legislative Assembly (RLA) to 60 seats in the Bangsamoro Parliament it proposes. This and the vision laying down the development of genuinely principled political parties in the region are already opening the doors to further democratization.

 

This development also bodes well with advocates of federalism and decentralization. The Bangsamoro, if successful, could become an effective argument to federalize the whole country. This early, there are efforts to popularize this issue in the rest of the regions with the slogan “what is good for the Bangsamoro is also good for the other Bangsas (Bangsa Iloko, Bangsa Bicol, and so on).”

 

The rest of the issues and concerns raised by the audience during the forum and the clarifications from the panel are summed up below:

 

•Translate the BBL to local languages to make it accessible to ordinary people.

 

•Look into the implementation of Shari’ah system in Tawi-tawi in view of the shortage of Shari’ah Circuit Courts (SCCs) in the province. This issue should not be taken for granted because people have to cross seas just to file cases. Women, especially those already suffering from domestic abuse, face the most risk on the way.

 

•The wealth sharing arrangement is a positive development, but proper exploration, development and utilization of the natural resources in the Bangsamoro is a must.

 

For the BBL, the term “strategic and non-strategic minerals” in the FPA was dropped in favor of metallic and non-metallic minerals. Bacani said this addresses the unilateral definition of Congress of strategic minerals in RA 9054.

 

“Operationalization remains an issue, but what’s important now is we have established the basic principle,” Bacani added.

 

•The role of Wali is quite new. Could the BBL be clearer regarding the Wali? There is the impression that the Wali will not be significant at all considering that he will only take on ceremonial functions. In reply, the panel explained that every parliamentary form of government has a ceremonial head. For the purposes of the Bangsamoro, the Wali will declare the Parliament dissolved after a vote of no confidence. The Chief Minister could not do this because he is a member of the Parliament. In addition, the Wali will administer oath of judges and members of the Bangsamoro Parliament.

 

On the selection of Wali, there is a proposal to adopt a “rotation” scheme among the 13 Islamized ethnic groups to give all groups, including the minorities, the chance to have their Wali at a given time. With no need for election, this arrangement will simplify the process.

 

•There is hope that the Shari’ah system under the Bangsamoro will be strengthened especially with the addition of criminal law and commercial law under its jurisdiction. The panel clarified that hudud or fixed penalty under Islamic law will not be implemented because the Bangsamoro territory is not 100 percent Islamic. Hence, the penalties that will be imposed in the Bangsamoro will be according to existing laws of the Philippines and universally accepted principles and standards of human rights.

 

•The Bangsamoro Government should address energy needs of the province. Tawi-tawi is not connected to the national grid. Without competition, rates are high; the end-users ultimately take the burden. If the Bangsamoro Government is to regulate electric utilities, it should be to establish a more reliable and sustainable energy source and fair rates for the consumers.

 

•On the impression that access of Bangsamoro to foreign loans is difficult given the bureaucracy and the requirements of the Bangko Sentral ng Pilipinas (BSP), Bacani elaborated: The Bangsamoro can contract loan from foreign sources either with or without sovereign guarantee. For loans that can be accessed without sovereign guarantee the Bangsamoro can go directly to the international entity. If sovereign guarantee is needed, there is a mechanism for that. The BSP will come in on loans where sovereign guarantee is needed. Sovereign guarantee is the government’s guarantee that an obligation will be satisfied in case the obligor (BM) fails its obligation. Due diligence will be conducted for that. BSP is obliged to act within the 96-month period on the BM application for sovereign guarantee.

 

•That the ownership of the Al Amanah Bank and the SPDA will be transferred to the Bangsamoro is good news. This will help promote Islamic business in the Bangsamoro.

 

•On the impression that the Bangsamoro Government once the BBL is ratified can now interfere with the affairs of universities in the region, Ali explained: The purpose of the BBL is to put a representative in the board of state universities who will serve as bridge for establishing relationship between the Bangsamoro Government and the universities. The representative will be there only to listen and not to meddle in the decisions of the board.

 

•There are reports of recruitment promising slots in the Bangsamoro Police and employment once the Bangsamoro is in place. This spreads fear of displacement and job loss.

 

Ali belied these claims adding that the BBL only provides for gradual phasing out of offices – not personnel – to restructure and make the bureaucracy consistent with the ministerial type of government. The government will continue its regular functions and the delivery of basic social services during the transition period. The existing administrative code of the ARMM will continue to be applicable until the time when the Bangsamoro administrative code is enacted.

 

On the plight of ARMM employees or what will happen to them during the transition, Ali said there is an ongoing study to make the transition as smooth as possible, the welfare of the current employees being the utmost consideration.

 

There is no automatic integration of MILF forces into the police or the armed forces. MILF members wishing to be part of the Bangsamoro Police will have to undergo the regular process of hiring and recruitment. The BBL envisions a Bangsamoro police force that is professional and which remains part of the PNP. That police force is called Bangsamoro Police to underscore a community-based responsibility on matters relating to peace and order. This does not mean however that the regional police director will come from the ranks of the MILF. The selection will have to observe PNP policies with regards to hierarchy or promotion.

 

•One radio listener in Pangutaran (one of the islands under Sulu First District) sent a request via text message that reading materials on the BBL be also made available to people in the remote islands. Right now, they rely on very limited information on the BBL from the radio and satellite TV. In reply, Ali said the BTC is scheduled to release a primer on the BBL that will be translated to local languages to promote understanding of the draft law.

 

It was further recommended to have more local forums on the BBL and for the government or the MILF to forge partnership with local NGOs to educate the grassroots on the contents of the BBL.

 

•An impression was raised that the Bangsamoro waters seem to limit the privileges already enjoyed since time immemorial of the Bangsamoro people over their waters.

 

Ali clarified that this is not the intention of the BBL. The term Bangsamoro waters, he said, is merely a description of the 12 nautical miles over which the Bangsamoro will exercise exclusive power. It does not entail limitation of rights or the right of travel by vessel and passage of goods and services. Sulu Sea and the Moro Gulf will continue to bear their existing names.

 

On the plus side, this demarcation may deter encroachment of illegal fishers.

 

•A radio listener texted in another question: What if Tawi-tawi opts out of the Bangsamoro in the plebiscite?

 

The panel’s short reply is since there will be no longer ARMM to return to, the province will fall under the jurisdiction of Region IX. What the experts underscored further is the essence of democracy, for the people to exercise their freedom of choice.

 

Ali said the MILF will respect the outcome of the plebiscite.

 

•A participant appealed to look at the rights and privileges enshrined in the proposed BBL not as a sense of entitlement but as opportunity for co-ownership in the Bangsamoro. Entitlement only brings discord and is very divisive, whereas co-ownership of the BBL and the whole peace process among all stakeholders fosters peace and unity.

 

•The observation that Tawi-tawi does not have its own representative in the BTC was pointed out. But with the proposed BBL now out in the public, the province should grab the chance to share the responsibility to make the Bangsamoro a success. The success of the Bangsamoro does not rely alone on the BTC. Congress is still accepting proposals and recommendations from the public to make the BBL more acceptable to all.