Published in the Sun.Star Davao newspaper on September 17, 2014

 

The Bangsamoro Basic Law (BBL) was submitted in Congress last September 10, 2014. There were several different reactions to this development in the Bangsamoro peace processes. If we are serious in reviewing the draft BBL and assess how it will really help the people in the Autonomous Region in Muslim Mindanao (Armm) and the proposed territory of the Bangsamoro, it will require different lenses or interdisciplinary field of knowledge. It will need social sciences, law, history, and anthropological views. Unfortunately, the critiques of the BBL were able to write something about the BBL just few hours it was made open to the public.

 

The critiques of the BBL like the group of former Ambassador Tiglao has a working template of looking how they will attack the BBL. Some of their critiques will also put emphasis on the constitutionality of the BBL. They keep on raising the issue on the principle of “separation of church and state, the meaning of autonomy, and all other matters that will affect the definition of the Philippine state.

 

I see the BBL differently. The BBL for me is a proposed law, which is also very informative and relevant to the context of the people in Mindanao. The crafters of the texts of the BBL aim to address the issues facing by Moro, Lumads, and settlers in Mindanao from different historical timeline of our country.

 

The BBL itself is aimed at mitigating the damage caused by insensitive and ignorant programs and attitudes of the colonial governments. I believe one of its goals is to rectify the image of the Bangsa Moro and the Muslim Filipinos life and culture in the modern world.

 

Under the Article I, Sec. 3 of the BBL, it provides "The purpose of this Basic Law is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

 

This section summarizes the desire of the Bangsamoro people for their right to self determination. This right is enshrined in our constitution.

 

Under the international law, the right to self-determination is contained in article 1 of the International Covenant on Civil and Political Rights (ICCPR) and in article 1 of the International Covenant on Economic, Social and Cultural Rights.

 

Article 1 of both Covenants states:

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

 

Our country ratified the ICCPR last October 23, 1986. “The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.” [Visit http://www.ohchr.org/EN/countries/AsiaRegion/Pages/PHIndex.aspx]

 

According to the readings of the Bangsamoro groups, the struggle of the Bangsamoro for self-determination has been one of the longest national liberation movements in the world. It traces its origin from the time of the sultanates that fought the Spanish and American colonizers.

 

This is the basic premise of the Bangsamoro Basic Law. It aims to answer the right to self determination of the Bangsamoro people. This is what we need to understand as of now. I will try to expand the discussions from this point until the session in congress resumes on the third week of October this year. There are several issues and concerns within the BBL. But let us take it one day at a time to understand its history, context, and future for the people.

 

Moreover, we also need to understand that in the lower house, the title of the bill is “AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES.” This title also speaks for its purpose.

 

At the senate level, the draft Bangsamoro Basic Law has been filed in the Senate on September 16, 2014 and is now also known as Senate Bill No. 2408. According to Senate President Franklin M. Drilon, "that the Bangsamoro Basic Law draft is drawing a strong bipartisan support in the Senate, with more than half of the senators including the four members of the minority group signing as co-authors of the bill". "The BBL draft is getting broad support from both parties in the Senate. The minority bloc led by acting minority leader, Senator Vicento Sotto III signed as co-authors of the proposed measure," Drilon said.

 

Mussolini Sinsuat Lidasan is the director of Al Qalam Institute for Islamic Identities and Dialogue in Southeast Asia based in Ateneo de Davao University.