This issue of the Autonomy and Peace Review is published when the Philippine House of Representatives and the Senate are conducting broad consultations and deliberations on the Bangsamoro Basic Law (BBL) proposed by the Bangsamoro Transition Commission (BTC) and certified to Congress by the Office of the President. The proposed BBL is the legal instrument that provides the structures and processes for implementing the Comprehensive Agreement on the Bangsamoro (CAB) between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF). When ratified in the plebiscite, the BBL will be the “mini-constitution” of the new Bangsamoro political entity that will replace the Autonomous Region in Muslim Mindanao (ARMM). The approval by Congress of the proposed BBL is one of the critical stages in the Mindanao peace process as it holds promise that genuine and meaningful Moro self-determination may finally be achieved through the establishment of the new Bangsamoro political entity.  As well, the approval of the proposed BBL will trigger the decommissioning of a substantial number of MILF troops in accordance with the terms of the FAB.

But the journey for the proposed BBL from its approval in Congress to its ratification by the constituents of the CAB-identified Bangsamoro core territories is not without challenges. Congress with its plenary legislative powers can introduce changes in the proposed BBL for any reason including constitutional, administrative and political grounds. While the executive branch of the GPH and the MILF accept the plenary powers of Congress and defers to its “wisdom”, they hope and appeal that the House and the Senate recognize the context of the long and exhaustive negotiations on the proposed BBL, and pass unchanged if, not all, at the very least its substantive and major provisions. Some constitutionalists have weighed in the debates and raised concerns that some provisions may be resting on shaky constitutional grounds. Constitutional challenges can hobble the implementation of the agreed roadmap.

Since the submission of the proposed BBL to Congress, IAG has been contributing to the in-depth discussions on the issues close to the hearts and minds of the constituents. We have also launched a BBL watch to monitor the hearings and deliberations in Congress. We are convinced that providing the public the range of views and opinions will in the end help in building consensus and support to the agreed roadmap. People’s issues, whether out of fear and uncertainty, lack of information or from legal and constitutional ground must be articulated and adequately addressed.

This issue of the APR focuses on these emerging issues.

We are publishing the key issues from IAG's five-part BBL talkshop series from September to October 2014 and our Q&A with Congressman Rufus Rodriguez, chairman of the ad hoc committee on the BBL in the House of Representatives.

Judge Soliman Santos Jr’s piece on the “Bangsamoro Basic Law: A Step Forward on a Longer Road to Peace” views the BBL through a contextual lens, which he says is a decidedly strategic, larger, and longer view of the BBL than just its substantive content. In this way, the BBL is regarded as a step forward on a longer road to peace.

Political scientist Jose "Pepe" Abueva’s “From Presidential Government to Parliamentary Government” explores the shortcomings of our presidential form of government and argues that we should amend our Constitution to adopt a parliamentary form. This affirms the ministerial form of the envisioned Bangsamoro government.

We are also publishing “A Comparison: What RA 9054 and the BBL say about local governance and regional-LGU relations” by the Office of the Presidential Adviser on the Peace Process (OPAPP) Undersecretary Jose Lorena. This article lays down the provisions of the existing RA 9054 vis-a-vis the BBL to see if indeed local government units will potentially be better off under the Bangsamoro.

Zainal D. Kulidtod, PhD examines the substantive and procedural shortcomings of the CAB in his paper “The Pains of the Comprehensive Agreement on the Bangsamoro”. He argues that unless the grievance of the most militant Moro is addressed, real and everlasting peace in Mindanao will remain an elusive dream.

Finally, we are publishing the position paper of indigenous peoples on the BBL and the full text of the BBL for reference.

We hope that this issue of the APR can significantly contribute in shaping a BBL that is inclusive and acceptable to the majority of the constituents.

418 pages. In print soon.