IAG thanks Notre Dame of Jolo College (NDJC), FASTRAC, and UNDP, its partners in this forum on the BBL. The panelists, shown in the photo with NDJC OIC Darren Datiles and IAG Executive Director Benedicto Bacani (first and second from left) ,  were Commissioner Peter Eisma of the Bangsamoro Transition Commission (BTC), BTC legal counsel Lanang Ali Jr., and NDJC Prof. Nestor Ukkoh. The forum was held at NDJC, Jolo, Sulu on Nov. 22, 2014.

 

Opening the forum, NDJC OIC Darren Datiles urged everybody to read and study the proposed BBL.

 

IAG Executive Director Benedicto Bacani introduced IAG, the organizer of the forum, as a non-partisan policy institution. The purpose of the forum is to initiate in-depth discussion on the BBL and analyze the contents of the BBL from a neutral perspective. “IAG is not here to ask people whether they are for or against the BBL,” he said. It is imperative that before coming to this decision, people are well-informed on the salient provisions of the basic law and the intricacies of the whole Mindanao peace process.

 

The panel reminded the audience that the current BBL as a draft will still have to undergo deliberations in Congress and, possibly, some changes and modifications in the hands of the lawmakers.

 

BTC legal counsel Lanang Ali Jr. provided a short background on the drafting of the BBL. The BBL was drafted by Bangsamoro Transition Commission (BTC) whose 15 members – five of them are Tausug from Sulu – were appointed by President Benigno Aquino in February 2013 following the issuance in December 2012 of the executive order creating it.

 

One very important consideration of the BTC was to draft a basic law capable of entrenching a new autonomous political autonomy that is better than the present Autonomous Region in Muslim Mindanao (ARMM). To do this, the BTC considered the current autonomy law – Republic Act 9054 – as basis and minimum in the writing of the BBL. This means that anything below RA 9054 would be unacceptable and that the BTC had to write provisions that would enhance the current policies based on the Comprehensive Agreement on the Bangsamoro (CAB) entered into by the government and the Moro Islamic Liberation Front (MILF) but without overstepping the boundaries of the Constitution.

 

From the BTC, the draft BBL underwent further review by the legal team of the Office of the President. On Sept. 10, 2014, in a ceremony held in Malacañang, President Aquino personally submitted to Congress the final draft. At the House of Representatives, the proposed bill is now known as House Bill No. 4994, while at the Senate, it’s now Senate Bill No. 2408. The two versions will be reconciled as one piece of legislation that once enacted by Congress and ratified in plebiscite will pave for the establishment of the Bangsamoro region in lieu of the ARMM.

 

In Sulu, Commissioner Peter Eisma, the lone migrant settler representative in the BTC, assured the public that the draft BBL is non-discriminatory. As identity, he said the term Bangsamoro is meant to unify all the peoples within the region without prejudice to their inherent identities. Furthermore, this identity will not be exclusive to Muslims. The non-Bangsamoro – meaning the non-Moro indigenous peoples (IPs) and the Christian settlers – may ascribe to become Bangsamoro if they choose to.

 

As government, the Bangsamoro is meant for tri-people, added Eisma. It will not be exclusive to one sector – the Muslims being the majority, or the MILF being the principal party in the Bangsamoro peace track. This inclusivity is evident in the BBL giving equal opportunity for Moros, non-Moros and IPs to be represented in the Bangsamoro Parliament, he said. The BBL even reserves seats for the Christian settlers and the non-Moro IPs in the Bangsamoro Parliament. Eisma said the BBL guarantees right to equal opportunity, non-discrimination in socio-economic activities, and equal access to public services.

 

NDJC Prof. Ukkoh acknowledged that although there are those strongly opposed to the BBL, there are still those who do not have a position. He enjoined against opposing just for the sake of opposition without actually understanding the contents of the BBL. For Ukkoh, unfounded fears on the Bangsamoro should be addressed head on through information campaign. Ukkoh said he believes the BBL intends to make opportunities equal to all and added that the term Bangsamoro is only meant to identify the different ethnic groups in the region under one identity, which is Bangsamoro, but not strip them of their ethnic identities.

 

One fear, according to Ali, is rooted in the impression that the Bangsamoro once in place will affect negatively the status of local government units (LGUs). Ali clarified that the BBL bears no adverse effect on local chief executives in the provinces, municipalities, and barangays, because the law will change the existing ARMM by repealing RA 9054 and not the Local Government Code that governs the LGUs throughout the country.

 

This is very clear in the BBL stating that the “privileges already enjoyed by LGUs under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance in accordance with a law to be enacted by the Bangsamoro Parliament.” While non-diminution of LGU privileges is welcome, Ukkoh pointed to the caveat “good governance”, for which sake the same privileges can be modified or altered, and added that this is a very relative phrase that might need further clarification.

 

But if good governance is to be interpreted as the “welfare and good of all”, then all the more that diminution of LGU privileges should not happen, Eisma explained. He said this BBL provision on the LGUs can be construed to mean “enhancing”.

 

On the issue of Internal Revenue Allotment (IRA) for instance, if the IRA will be reduced, is that good governance? Eisma asked. The delivery of basic social services will surely be hampered if IRA will be reduced, so this scenario will not likely to play out in the emerging Bangsamoro. Instead, Eisma believes, the LGUs are poised to get more in terms of financial resources from their share from the additional taxes devolved to the Bangsamoro and from the exploration development, and utilization of natural resources.

 

Ukkoh further argued that the role LGUs will play in the Bangsamoro cannot be curtailed considering that the LGUs are more in touch to the actual needs of the people in the communities. He said experience in the past tells us that many of the policies made at the top were not attuned to local situation.

 

Because the BBL is cognizant of this experience, it puts jurisdiction over the Bangsamoro regional waters under the Bangsamoro Government. This way, the LGUs will have access over these areas in terms of formulation of policies that are far more relevant and applicable.

 

According to Eisma, this is also the essence why the BBL endorses the concept of community policing by way of the Bangsamoro Police. This will give communities a sense of ownership of their police – hence, a stronger sense of security. Although in reality, this regional police force falls within the single structure of the greater Philippine National Police (PNP).

 

These BBL-proposed innovations for the Bangsamoro bode well with decentralization, but are these well within the parameters of the Constitution?

 

Ali refreshed the audience on the provision on the autonomous region in the Constitution. Article 10 states that there shall be autonomous region in Muslim Mindanao and Cordillera region. He clarified that this line pertains to geographic areas – one in Luzon and another one in Mindanao qualified by the Constitution to have an autonomous region and should not be construed to mean the name of the autonomous region. Ali was addressing a commenter from the audience that the Bangsamoro is unconstitutional because the Constitution provides that the name of the autonomous region should only be ARMM.

 

What is not constitutional, according to Ali, is if Congress creates autonomous region in places other than the two geographic areas mentioned in the Constitution.

 

Ali said that insofar as the Constitution is concerned, the creation of an autonomous region requires: (1) an organic act passed by Congress, (2) this organic act defines the political structure of the autonomous region, and (3) the autonomous region has executive and legislative branches to be elected by people through a democratic process.

 

That the Constitution does not say exactly what form of government the autonomous region should take is because it wants to give a distinction between an autonomous region and an LGU, Ali said. Furthermore, an autonomous region is an entirely different political unit gauging from Article 10, Section 1 of the Constitution, which says that the political units of the Philippines shall be provinces, cities, municipalities, barangays, and autonomous regions.

 

The draft BBL proposes to entrench a regional autonomy whose government will be parliamentary. Hence, an electoral system suitable to a ministerial form of government will be adopted. The current ARMM follows a unitary system; the governor, vice-governor and the 24 members of its legislative assembly are directly elected by the people. Under the proposed Bangsamoro, the people will elect directly the 60 members of the Bangsamoro Parliament. The elected members will be the ones to choose from among themselves the chief minister, the equivalent position of the governor in the present ARMM setup.

 

The new system, Eisma said, will also encourage the proliferation of genuinely principled political parties as 50 percent of the seats in the Bangsamoro Parliament will come from party representatives.

 

Ali added that the objective is to usher in a new era of politics wherein people vote for platforms of governance and not personalities.

 

Of the remaining seats, 40 percent will come from district representation, and 10 percent will be reserved seats for migrant settlers, non-Moro indigenous peoples, and women. A composition as inclusive as this in not possible under the existing ARMM, Eisma added. He downplayed fears that the Bangsamoro Parliament could be dominated by a few sectors at the expense of minority groups.

 

“To be a member [of the Bangsamoro Parliament], the qualification is not Bangsamoro, but citizen of the Philippines and a resident of the Bangsamoro. Theoretically, a non-Moro can be a chief minister. This inclusivity is what makes the Bangsamoro different from the ARMM,” Eisma explained.

 

Here is the summary of issues and concerns raised by the audience and radio listeners during the forum and the responses from the panel:

 

■On the query why the youth sector is not among those with reserved seats in the Bangsamoro Parliament, Ali said reserved seat for the youth was advocated during the drafting of the BBL, the reason why the phrase “other sectors” was included. Congress may spell out in the final version of the law youth’s representation in the Parliament as one of its modifications if doing so is deemed necessary.

 

■What will happen to the implementation of ARMM programs once ARMM is abolished?

 

Eisma said the current ARMM administration will have to submit for the purposes of the BTA an inventory detailing the status of programs and projects being implemented so that these maybe continued after the turnover.

 

A related question on what awaits thousands of ARMM employees was also raised.

 

Ali reiterated that the BBL only says gradual phasing out of offices and not employees. This is to restructure and make the bureaucracy consistent with the ministerial form of government. It is absurd and illogical, he said, to terminate employees as the BBL guarantees continued functioning of government and delivery of services. One of the priorities of the BTA is the enactment of the administrative code for the Bangsamoro that will define the new structure. Until then, all the existing offices will remain. But will there be absorption? The panel said what exactly happens during the transition, including the tenure of current employees, are being studied right now by representatives from the principal parties – the government and the MILF, and the current ARMM regional government. There are ongoing negotiations with the Civil Service Commission (CSC) looking into how to address this concern.

 

What the BBL is saying is that the Bangsamoro is given the right to reorganize the bureaucracy to fit its needs, Eisma added. In any case, the BBL has a provision that will provide funds for the benefits and entitlements – assuming there will be employees directly affected.

 

■How to address baseless fears on the Bangsamoro?

 

For this, a massive consultation and education campaign is needed to dispel wrong notions on the proposed Bangsamoro, Ukkoh said.

 

Know by reading the BBL, Eisma suggested, saying that it is written in the proposed law that basic rights including freedom of religion and non-discrimination are guaranteed under the Bangsamoro.

 

■Since LGUs outside of but contiguous to the core territory will be allowed to opt in, will they be also allowed to opt out?

 

Eisma: “There is a massive information campaign on the BBL so that as early as now we can look at it and make up our minds whether we want to be included or not. That’s why there’s plebiscite, if we don’t want to be included then vote no. If we want to be part of the government and help build it, then we should be part of it. If we are building a house, all of us will work to build that house and stay in that house. It’s not like waiting to see how the house will turn out then decide whether to stay or leave.”

 

Bacani added that there are remedies in the BBL to ensure that the Bangsamoro will be a working government. For one, the parliamentary system provides for vote of no confidence in which case the Chief Minister will advise the Wali to dissolve the Parliament and call for a new parliamentary election.

 

■Is the BBL a repeal or amendment of RA 9054?

 

The BBL once enacted by Congress will repeal RA 9054, Eisma said, adding that this is constitutional because Congress does not enact irreplaceable laws; laws should be relevant to the times.

 

On the constitutionality of the BBL, Eisma said only the Supreme Court can say whether or not the would-be enacted BBL is constitutional. “For as long as the Supreme Court does not say anything about the constitutionality of the BBL, the assumption is, it is constitutional.”

 

■Will new personnel be appointed to the Bangsamoro Police?

 

The panel clarified that there will neither be independent Bangsamoro Police nor automatic integration of MILF forces into the regional police force. Its officers will come from the Philippine National Police (PNP); existing policies for hiring and promotion under the law will be applied.

 

What the BBL proposes is to lodge operational control of the Bangsamoro Police in the Chief Minister. This power is no different from the power governors and mayors currently exercised over the police.

 

Alongside the establishment of the Bangsamoro Police is the creation of the Bangsamoro Police Board, which will perform the function of the National Police Commission (NAPOLCOM) in the Bangsamoro. The board will be part of the NAPOLCOM.

 

Ukkoh said communities in the Bangsamoro are poised to benefit as a more localized police force will be more attuned to their situation and culture; the process of addressing the problems of security will now be more effective.

 

On a wider scale, this policing system can be located in the national peace agenda or even in the global campaign against terrorism. Will this help? The crafters of the BBL believe it will.

 

Meanwhile, the central government will retain external security as a reserved power. As part of the normalization process, there will be redeployment of the armed forces and laying down of arms by the MILF. The consideration here is for people to live normal lives and to normalize the situation. Checkpoints in MILF areas may be dismantled but not to the extent that the Armed Forces of the Philippines will cease to exist in the Bangsamoro, Ali added.

 

■The BBL seems to contain the same provisions of RA 9054, is it merely paraphrasing the ARMM law?

 

Bacani: “The changes are big and radical. The BBL is a totally different law that must be studied carefully.”

 

Ali: “There are many provisions of RA 9054 that were carried over to the BBL because we wanted to preserve the gains of the 1996 Final Peace Agreement. We did not entertain proposing changes that would be inconsistent with the MNLF peace agreement. ”

 

Eisma: “We have to recognize the gains of the MNLF peace track. There are provisions in RA 9054 that are workable, practical and can be implemented in the Bangsamoro. Those were incorporated in the BBL.”

 

■Under the Bangsamoro, will traditional politicians be dismissed?

 

For Bacani, if “traditional politicians” is to mean the opposite of good governance, the question that should be asked is how the BBL will promote good governance. Leaders should not be labeled, he said, adding that there are non-traditional politicians who do not know how to lead.

 

Ukkoh concurred, saying that traditional politicians or not, democracy allows them to run all the same. “But the decision is with us we are going to allow them to continue what they are doing.”

 

■Where will the special development fund go?

 

The special development fund is part of the economic component of the normalization project, Eisma said. As a whole, it will not be spent solely to benefit MILF combatants or internally displaced persons (IDPs) but to address dire socio-economic needs in poverty-stricken and conflict-affected areas. Seven billion pesos will be allotted as catch-up fund for these communities following the ratification of the BBL. It will support programs on rehabilitation, reconstruction, and development.

 

■Is there a need to mention the CAB in the preamble if the BBL espouses inclusivity? This seems to exclude other groups such as the MNLF in the Bangsamoro and does not sit well with those who promote unity between the MILF and the MNLF. The CAB would not have been possible without the Tripoli Agreement.

 

Ali: “The CAB was put there because the BBL was based on the annexes. The CAB has four annexes. The form of government of the Bangsamoro, for instance, was based on the Annex on Political Autonomy, the sharing on the Annex on Wealth Sharing. How to draft the BBL is found in the Annex on Transitional Arrangements.”

 

■What will happen to local courts in areas within the Bangsamoro where Muslims are the majority? What will be the implications that the Shari’ah under the Bangsamoro will now include commercial and criminal laws?

 

Ali said the local courts will still be there as one of the justice mechanisms in the Bangsamoro. For the Muslims, the Shari’ah justice system will be strengthened. In fact, for the Bangsamoro, the BBL has added commercial and criminal laws on top of laws pertaining to persons and family matters and other civil matters that are already applied in the ARMM under Presidential Decree 1083.

 

The addition of commercial and criminal laws to the existing Shari’ah law is an attempt to make the Bangsamoro justice system more responsive to the unique culture and tradition of the Muslims because the country may not have the laws to address their needs and some of their practices are not recognized under the regular courts.

 

Ali quelled fears that hudud and harsh penalties will be imposed under the Bangsamoro, saying this will not happen because the Bangsamoro territory is not 100 percent Islamic. In addition, the BBL guarantees that universally accepted standards and principles of human rights will be upheld.

 

■Will the Bangsamoro implement policies related to Islamic health practices especially in hospitals?

 

Ali acknowledged that there are hospital procedures that are “Western” and deemed not Islamic. He said the Bangsamoro Parliament may enact laws to implement policies that are sensitive to Islamic practices.

 

■Will the Bangsamoro, the solution being offered to achieve lasting peace, be enough? Is it possible to lump into one leadership the different ethnic groups? There are still many unanswered questions: Why ARMM autonomy is a failure? Was this failure evaluated properly? The current peace track seems to make the MILF champions of the Bangsamoro, what about the MNLF? There are also those who see the BBL as creating a government within a government. This seems very risky considering that the sentiment, especially among the Muslims, for an independent Mindanao is strong. The solution should be federalism. It will free the people from rivalry and rebellion.

 

Ukkoh: “We are here not to champion the cause of anybody. We are here to study the contents of the law, evaluate it, and gather points to make it better. We are not yet in the stage to decide.”

 

For Ali, all Muslims regardless of ethnicities are brothers and the Bangsamoro is an opportunity to unify them under one identity, but one that will not trip them of their respective inherent identities. He said the Bangsamoro is for all people who struggle for their right to self-determination. “These ethnic groups have all gone through the same struggle. The Bangsamoro is preserving this struggle.”

 

This struggle is not meant however to end in an independent state under the BBL, Ali went on. “The Bangsamoro territory shall remain part of the Philippines. The President will exercise supervision over it. In some ways, some congressmen reading the BBL find it as a model for federalism – the reason why Rep. Rufus Rodriguez, an advocate of federalism, supports this bill. The BBL is a way to federalism and other regions will support this in the long run. They are looking at us now to see if this whole exercise will be successful.”

 

But the BBL is not a “magic wand that will solve everything” upon approval, Eisma added. “The Bangsamoro Government is inclusive and everybody can participate in this government. Each one has to work to make this work.”

 

■A commenter from the audience said inclusivity could have been more meaningful had the MILF undertaken dialogue with the MNLF. If ARMM is indeed a failure, is it because of the law, or the people who ran it?

 

The BBL is a far better and improved law than RA 9054, Ali assured. One of the weaknesses of ARMM is the lack of funds to implement programs on its own. The annual budget appropriated to it goes mostly to the salaries of its personnel, leaving a vacuum in most aspects of development works and services. The BBL hopes to remedy this conundrum through the block grant, an annual automatic appropriation for the Bangsamoro Government.

 

Another prominent feature of the BBL, Ali said, is the intergovernmental relations mechanism which will be established at the highest levels to coordinate and harmonized relationships between the Bangsamoro Government and the Central Government. A body will be created to resolve issues on intergovernmental relations.

 

“This is the sense of autonomy that we want. This is what the MILF asked for. The MILF recognizes the gains of the MNLF, but we need stronger political autonomy and improved share in natural resources,” Ali added.

 

■A member of the audience wanted clarification on the provision on tribal university in the BBL and its implication on existing universities.

 

The panel said the tribal university is for the recognition of the need and right of the non-Moro indigenous people to have their culture and tradition taught and preserved for future generations. National universities and state universities, meanwhile, will continue to be governed by their charters.

 

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