Scrutinizing the draft Bangsamoro Basic Law
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Finally, we have the draft of the Bangsamoro Basic Law. It was officially transmitted to Congress for legislation on September 10, 2014 with a prayer that Congress would be able to enact the law by year end.
The copy of the draft BBL is now available on different web sites and people should read and study the document before making any comments.
As usual, there are varied and differing readings of the draft BBL.
One camp hails it as a formula for enduring peace in Southern Philippines. After years of wrangling, the GPH and the MILF have finally agreed not only on a political settlement but also on the translation of the settlement into a draft piece of legislation. This is, truly, something very positive.
One camp hails it as a formula for enduring peace in Southern Philippines. After years of wrangling, the GPH and the MILF have finally agreed not only on a political settlement but also on the translation of the settlement into a draft piece of legislation. This is, truly, something very positive.
On the other hand, there are also voices that believe that the draft BBL is a formula for further division and a possible formula to dismember the Republic of the Philippines.
The two opposing camps impel us to read and study the document. It will do us good to exert effort in removing our usual biases and read the document sans preconceived ideas or stereotypes. The document speaks for itself.
My initial reading of the document tells me that an all-inclusive Bangsamoro is possible. I can see in the draft the openness or at least attempts to be inclusive. The Preamble of the BBL speaks not only of the original inhabitants "before colonialism and conquest" but also of all inhabitants of the contemplated Bangsamoro. While this is NOT reflected in any specific section in the draft law, hopefully, Congress would manage to put it in the actual law.
While I recognize the rights and identity of the original inhabitants prior to conquests and colonialism, history and realities on the ground have intimately tied and intertwined the interests and agenda of the present and future of all inhabitants of the Southern Mindanao. It is no longer possible to go back to history—a sort of the origin myth and pristine time when there was only one or two types of dwellers in the land. Regardless of religions and ethnicity, all have become "children of the soil" either by "ascription or self-ascription"—if I may use the phrase. All are stakeholders and they should begin appreciating the fact that the prosperity and security of one group is intimately linked and tied to the prosperity and security of the other groups.
The second important import of the draft BBL is the realization that the peoples and their territories NO longer revolve around the National Capital Region. No doubt, the draft BBL is a formula NOT only of devolution of powers but recognition of people’s right to self-determination in their affairs within the novel concept and principle of subsidiarity. The word used to express this novel PARADIGM of relationship with the Central Government is “ASYMMETRICAL RELATIONSHIP." Since it is a novel idea, it is almost inevitable that it will be misunderstood and at times maligned and abused by people who continue to hold onto a paradigm of "imperial Manila."
Government powers are also beautifully segregated into three categories: First, the reserved powers of Central Government (they are nine); second, the shared or concurrent powers by the Central government and the Bangsamoro government (14 in all); and third, the exclusive powers by the Bangsamoro Government through a Parliament where these powers are ultimately reposed (58).
To ensure that the Bangsamoro Government is NOT a separatist entity, the President of the Republic continues to exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed.
To ensure that the Bangsamoro Government is NOT a separatist entity, the President of the Republic continues to exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed.
No doubt, these classifications of powers to define competence and jurisdiction of central government and the Bangsamoro would be more appropriate in a federal system of government. However, it should be noted that the present Constitution allows Muslim Mindanao and the Cordillera to have an autonomous government to be provided by law or organic act by Congress of the Republic. And the Constitution does NOT specify the kind of autonomous arrangement that each of these two regions should adopt except that the organic act is to be legislated by Congress with the assistance of a Regional Consultative Commission.
The fear of some people that the draft BBL is a formula for dismembering the Republic is definitely unfounded and has NO basis.
First, the draft BBL is to be enacted by Congress; second, the Law would be submitted to the constituents in a plebiscite called for the purpose to approve or not the Law; third, the BBL is in accordance with the Constitution and international standards; and fourth, there is clear specification that the territory remains part of the Republic of the Philippines.
First, the draft BBL is to be enacted by Congress; second, the Law would be submitted to the constituents in a plebiscite called for the purpose to approve or not the Law; third, the BBL is in accordance with the Constitution and international standards; and fourth, there is clear specification that the territory remains part of the Republic of the Philippines.
In many instances, I have adopted an emerging slogan from the regions which states that "whatever is good for the Bangsamoro is also good for all the regions." The slogan is part of the movement for Charter change that would transform the country into a federal republic and a ministerial or parliamentary form of government.
While this may take some time, I believe we can begin the experiment first in the Bangsamoro and second in the Cordillera. The genuine empowerment of the Bangsamoro is the realization of the long desired "self-government" that has come of age!
While this may take some time, I believe we can begin the experiment first in the Bangsamoro and second in the Cordillera. The genuine empowerment of the Bangsamoro is the realization of the long desired "self-government" that has come of age!
Former president of Notre Dame University in Cotabato City, Fr. Eliseo R. Mercado, OMI, is senior policy adviser at the Institute for Autonomy and Governance. Follow him on Twitter @junmeromi. Visit his blog here.