From Basilan, here’s a quick summary of the questions and concerns raised by the audience during the December 10 forum on the BBL presented by IAG with Nagdilaab Foundation and supported by FASTRAC and UNDP. The discussion was hosted by IAG Executive Director Benedicto Bacani. The panel was composed of commissioners Peter Eisma and Fatmawati Salapuddin from the Bangsamoro Transition Commission (BTC), Office of the Presidential Adviser on the Peace Process (OPAPP) legal counsel Al-Amin Julkipli, BTC legal counsel Lanang Ali Jr., and local expert Noriam Jugais of Nisa Ul-Haqq Fi Bangsamoro, a women’s NGO operating in the ARMM.

 

Given Mindanao’s wounded history, the existing prejudices, and with some people skeptical of the BBL due to their experiences in the past, can the BBL be an instrument to build trust and bridges?

 

Julkipli said: Although not prominent in the BBL, an integral part of the normalization process is the mandate to effect transitional justice mechanisms and interventions to address collective and communal psyches that have been divided along ethnic lines because of their experiences in the past. The Transitional Justice and Reconciliation Commission was already created and will come up with a well-studied proposal on how to approach transitional justice needs with the end goal that is peaceful co-existence.

 

Can the Central Government attain peace without the Bangsamoro?

 

Julkipli: Assuming that this BBL track is not present, yes we can and should pursue peace. But right now, the Bangsamoro is our best mechanism and track toward peace.

 

Ali went on to stress that the enemy of the MILF is not the government or the military but injustice and oppression. He pointed that currently the Internal Revenue Allotment of LGUs are automatically released to them. The opposite is true for the budget of the ARMM regional government. For the Bangsamoro, the BBL proposes a block grant, which like the IRA of LGUs, will be released automatically. 

 

It seems that the MILF is excluded in this process.

 

Julkipli: There is no exclusion in this process – even if the principal parties are the government and the MILF. We continue to reach out to the MNLF. Their previous gains are recognized in the BBL. The 42 consensus points, the proposed amendments to RA 9054 as a result of the tripartite review of the 1996 Final Peace Agreement between the government and the MNLF, have been incorporated in the BBL.

 

Recently, the Bangsamoro Coordination Forum under the auspices of the Organization of Islamic Cooperation (OIC) was activated as a means to unify the positions of the MILF and MNLF on the Bangsamoro.

 

Clarify what the BBL says about cadastral survey.

 

Julkipli: The authority over cadastral survey will be devolved to the region, specifically to the future ministry on environment. Part of this responsibility is coordinating with DENR, the national agency on environment. Results of the cadastral survey will be forwarded to national database as part of this coordination.

 

Explain expropriation as stated in the BBL.

 

Julkipli: Expropriation is already a power of local government units, even barangays. There is no reason why the Bangsamoro Government could not have this power.

 

Eisma: Perhaps the real concern is the rumor that the Bangsamoro Government will expropriate lands and give them to private individuals. This is not the concept of expropriation. Expropriation means the government – in this case the Bangsamoro Government – will have the power to take private properties for public use and purpose upon payment of just compensation to the owner.

 

The BBL should define political dynasty and include a prohibition against it to level the playing field and make inclusivity more meaningful.

 

Julkipli said that though it has no direct provisions on political dynasty, the BBL recognizes this problem.

 

He said the new governance framework will help address this issue. For instance, even during the regime of the BTA, the bureaucracy will already imbibe professionalism that hopefully will be carried over to the regular Bangsamoro government.

 

Assuming that political color could not be avoided in the selection of BTA officials, there are many levels of accountability to uphold good governance and guard against abuse of power.

 

Why the BBL coins “non-Moro” IP representation when in fact, there is no distinction between non-Moro IPs and Moro IPs in the Indigenous Peoples’ Rights Act (IPRA), which is a national law. If the term non-Moro IPs refers to lumads such as the Tedurays, what will happen to the representation of Moro IPs like the Yakans, Sama-Bangingi, and the Badjaos. There is a proposal to amend the term “non-Moro IP” or add “Moro IP” representation.

 

Salapuddin assured the audience that the draft BBL is a product of inclusive consultations. At this point, it is best to let Congress know of these issues on identity, she said.

 

Ali: The term non-Moro IPs originated in the FAB. The consideration is to secure their representation in the Bangsamoro Parliament and the Council of Elders. In mainland Mindanao, most of the IPs have been Christianized, hence they recognize themselves as non-Moro IPs.

 

Eisma added that the intention of the BBL is to really bring in sectors that are marginalized in terms of demography. The same rationale applies to Christian settlers who are also assured of reserved seats in the Bangsamoro Parliament.

 

This provision on the representation of non-Moro IPs does not mean that Moro IPs like the Yakans will not have their representation. In Basilan, for instance, the Yakans are the majority, so its district representative in the Bangsamoro Parliament will likely be a Yakan. Ali noted that out of the four proposed parliamentary districts for Basilan, two are dominated by Yakans.

 

Ali reminded the audience that 40 percent of the members of the Bangsamoro Parliament will come from district representation.

 

Address the lingering concern that the abolition of the ARMM will result in abolition of jobs.

 

Ali: The BBL only says gradual phasing out of offices to comply with the needs of the new structure of government – not personnel.

 

Meanwhile, employees who will choose to be separated, or those retiring, will get benefits due them.

 

The transition from the ARMM to the BTA will not mean a vacuum in the delivery of services. Regular functions of government will continue even if the whole bureaucracy is being restructured.

 

Who will decide on what should be the qualifications of the political parties vying for representation in the Bangsamoro Parliament, punishment for election-related violence such as political harassment?

 

Details as specific as these are not readily found in the draft law, for the simple reason that the BBL is about basic policies and concepts, Eisma said.

 

The responsibility, for instance, to list political offenses, criteria or qualifications, including registration of political parties in the Bangsamoro will now fall on the hands of the BTA, the one designated to craft the Bangsamoro electoral code. In the event that the BTA due to limited time will not be able to enact an electoral code, the existing national electoral code will continue to govern, until the time the Bangsamoro Government is able to produce and enact its own.

 

At least for the first election, it will be COMELEC who will take care of the political exercise, including the formulation of rules.

 

Eisma believes the COMELEC has been proactive in terms of its preparation. It is doing its job coordinating with the security sector to ensure a clean and credible process and to address security issues.

 

Why regional political parties? Can the national Liberal Party participate in the regional elections?

 

Julkipli: This is to ensure that a political party indeed has a genuine regional constituency and therefore, the people who get elected are really from the Bangsamoro.

 

Still, this is a free and open system. Mainstream political parties, the Liberal Party for example, can participate provided that they constitute a regional wing, do have a genuine constituency, and are registered in the Bangsamoro electoral office.

 

What happens to the MILF after the passage of the BBL?

 

MILF’s first engagement in Bangsamoro governance will be through the BTA, which will be MILF-led.

 

According to Ali, this signals a new beginning for the group as a political movement. Its armed wing, the Bangsamoro Islamic Armed Forces (BIAF), and its military political committee will transform into a socio-political movement.

 

A recent development is the formation of the United Bangsamoro Justice Party (UBJP), MILF’s political party and vehicle for participation and representation in the Bangsamoro Government.

 

But what about MILF members who are not qualified to join the Bangsamoro Government?

 

Ali: A special development fund (SDF) of 7 billion pesos for the first year and 2 billion pesos for the succeeding years for five years will be allotted to conflict-affected and poverty-stricken areas. Those who are not qualified to join the Bangsamoro government may avail livelihood development out of this budget.

 

Julkipli said the normalization process will play a key role in this transformation of MILF members from fighters to civilians with normal lives.

 

What happens to MILF members with standing warrants of arrest?

 

According to Julkipli, the whole process associated with the BBL does not affect law enforcement; hence the law shall be followed.

 

Later, as part of the normalization process and the counterpart confidence-building measures of the government, the possibility of pardon, amnesty and other legal processes dealing with those who have been unfairly charged of political offenses maybe considered. Law enforcement will continue but qualified by the peace process architecture.

 

What percentage of the BBL will be passed by Congress?

 

Right now, nobody can really guarantee what percentage of the draft will be passed.

 

Eisma recalled Zamboanga City Rep. Celso Lobregat saying there is an assurance the BBL will be passed given that the Liberal party dominates Congress. Majority of the lawmakers supports the passage of the bill. House Speaker Feliciano Belmonte supports the BBL. Over at the Senate, the BBL has an ally with no less than Senate Pres. Franklin Drilon.

 

As to how much of the current draft Congress will uphold or retain remains to be seen. Congress has the plenary powers to enact an organic act for an autonomous region and therefore can modify the proposed BBL. Should there be some amendments that may not be faithful to the agreement, it will be for the MILF to decide.

 

Why hold a plebiscite again in Isabela City?

 

Salapuddin: Plebiscite is an integral part of this whole exercise because we are not only amending RA 9054, we are making an entirely new law (BBL). The law has to be submitted to the will of the governed otherwise we will be cutting the process of democracy.

 

Corruption as a hindrance to good governance, peace and development will be a huge challenge. Why not amend the law against plunder and impose stiffer punishment?

 

Julkipli: We cannot have the amendment to the Anti-Plunder Law in the BBL, and bring back the death penalty through it. It will take a separate legislation.

 

Ali said the proposed BBL has enough measures to uphold accountability and prevent corruption such as the no confidence vote and the development of genuinely principle political parties.

 

In addition, the power of the Ombudsman over the Bangsamoro is preserved.

 

Can the BBL guarantee that anti-corruption measures implemented at the regional level will also lead to good governance at the LGU level?

 

Salapuddin and Ali addressing this concern said that although the BBL is clear that the privileges already enjoyed by LGUs will not be diminished, the Bangsamoro Government through the Bangsamoro Parliament may enact laws for purposes of good governance, thus institute measures against corruption in its constituent LGUs.

 

The Anti-Graft and Practices Law, meanwhile, still covers all levels of government. But the Bangsamoro Parliament may enact more measures on top of this already existing national law. 

 

Is the BBL giving the Bangsamoro Government powers to regulate or ban haram products, food, and drinks in the core territory?

 

Julkipli: The Bangsamoro Government cannot ban products such as pork, because such decision will be based on religion and the government that will be established will be a secular one. For one, it will be a constitutional violation. The power of the Bangsamoro to regulate [entry or sale of] products will be in terms of general welfare – standards or safety – and not religion.

 

A concern was raised on the current Shari’ah system being prone to abuse. Case in point: A Christian converting to Islam for the purpose of marrying another woman.

 

Julkipli noted the loopholes in the current system and assured that the Shari’ah under the Bangsamoro will be strengthened to lessen its exposure to abuse.

 

A strengthened Shari’ah justice system will contribute to making institutions more credible and deserving of respect. If such institutions are in the Bangsamoro, people will refrain from taking the law into their own hands.