Bangsamoro law goes to Congress

MANILA, Philippines - The Bangsamoro entity moved closer to realization yesterday as President Aquino submitted to Congress the draft of the basic law creating the special autonomous Muslim region.

Officials said there was no need to amend the Constitution to create the parliamentary form of government envisioned for the Bangsamoro. The parliament members must be elected in a popular vote.

Once enacted, the Bangsamoro Basic Law (BBL) must be ratified in a plebiscite in the affected areas. Cagayan de Oro Rep. Rufus Rodriguez, who chairs the special committee tasked to study the BBL, said the plebiscite may be held in February or March next year.

The draft BBL does not include provisions for “normalization” or decommissioning of weapons of the Moro Islamic Liberation Front (MILF), which signed a peace agreement with the government last March.

Aquino asked the people to support the peace initiative as the negotiating panels turned over copies of the BBL to Senate President Franklin Drilon and Speaker Feliciano Belmonte Jr. at Malacañang.

Drilon gave assurance that the bill would have bipartisan support in the Senate and it would be passed in the first quarter of 2015.

“It is clear: we have been given a rare chance to prove, not only to ourselves, but to the entire world, that we can achieve what was once thought to be impossible,” Aquino said, adding that it was time to choose the path to “lasting peace.”

“Let us continue to work together, so that we may bequeath to the next generations a Philippines that is free from conflict, that bears the mark of lasting progress, and that enjoys the admiration of all corners of the world,” he said.

Government chief negotiator Miriam Coronel-Ferrer said the submission of the proposed BBL to Congress leaders brought them to the next crucial stage in the roadmap to the Bangsamoro political entity: the formal legislative process.

“The proposed BBL has transposed into legal form and further elaborated on the various annexes – notably the wealth-sharing and power-sharing annexes – to the Comprehensive Agreement on the Bangsamoro (CAB). It builds on the foundation provided by the past organic acts on the Autonomous Region in Muslim Mindanao (ARMM),” Ferrer said.

Unlike in the ARMM, the Bangsamoro will have a parliamentary system. Ferrer explained that this “would allow for a broader base of political representation and participation in governance. It would compel the formation of competitive and sustainable political parties in the region.”

She said Charter change is not needed for this.

“The Constitution says the law shall define the structure of government of the autonomous region. The draft Bangsamoro Basic Law defines it as parliamentary,” she said.

Under the proposed measure, the Bangsamoro parliament shall have at least 60 members. Half of them will be elected through a system of proportional representation, 40 percent will come from single member districts and 10 percent will represent key sectors in the Bangsamoro.

The parliament will have two reserved seats each for non-Muslim indigenous communities and settler communities. Women will also have a reserved seat.

Deleted

Excluded from the draft BBL was the sensitive provision on decommissioning of MILF firearms, which was stipulated in previous documents.

The disarmament provision was nowhere to be found in the draft BBL and its annexes, which cover the creation of a Bangsamoro police to handle public order and safety in the proposed entity.

Ferrer acknowledged the absence of the provision, but explained that this was no longer necessary because decommissioning does not need a law for its implementation.

“The proposed law is to establish the Bangsamoro entity. The decommissioning provision is being implemented by the government. This doesn’t need a law to implement,” she said.

Presidential Adviser on the Peace Process Teresita Deles gave a similar statement.

“The normalization process doesn’t have to be in the law, except for the part on the setting up of a police force. It’s an executive action that doesn’t need new legislation,” Deles explained.

In December last year, President Aquino admitted he did not expect a walk in the park in negotiating the decommissioning with the MILF.

He earlier said normalization would signify the MILF’s trust in the government.

“The normalization is a return of sorts to what we call the fold of the law,” Aquino earlier said.

In this phase of the negotiations, he said, MILF weapons would be “safeguarded.”

He admitted that laying down arms would be “a contentious issue” for the MILF.

Joining the political arena

Ferrer welcomed the ongoing efforts of the MILF to form a party that would serve as its vehicle for participation in electoral politics and consequently assist in its members’ transformation from combatants to full-time civilians and Filipino citizens.

“We enjoin other groups and sectors to consider forming their political parties that would equally enable them to participate fairly and peacefully in the Bangsamoro elections in 2016 and thereafter,” Ferrer said.

The Bangsamoro government will enjoy significant powers above those granted to the ARMM. Ferrer said these will be based on the powers given to autonomous regions under the Constitution.

The new political entity will enjoy fiscal autonomy, with its own revenue-generating powers. It will get an automatically appropriated annual block grant similar to the internal revenue allotment (IRA) received by other local governments.

The entity will receive other forms of funding support, Ferrer said.

Turning point

Deles said the turnover of the draft BBL to Congress was a turning point in the administration’s quest for peace in Mindanao.

She said the draft BBL embodies the substance and spirit of the Comprehensive Agreement on the Bangsamoro that was signed by the government and MILF negotiating panels last March 27.

Areas that ratify the BBL will be governed by a Bangsamoro Transition Authority (BTA), whose members will be appointed by the President.

The first elections for the Bangsamoro parliament will be held simultaneously with the general elections in 2016.

“This political roadmap is firmly on track, and we hold our congressional leaders to their promise to prioritize the passage of the Bangsamoro Basic Law. We are grateful beyond words for the patience, fortitude and resilience shown by the government and MILF peace panels, as well as the Bangsamoro Transition Commission, in the pursuit of peace, guided solely by the best intentions not only for the Bangsamoro people, but also for the entire country,” Deles said.

She assured the public that the BBL will be enacted within the framework of the 1987 Constitution.

Deles said they look forward to a vigorous public debate on every provision of the draft BBL.

The MILF is confident that the BBL will be passed by Congress within the year.

“We are hoping it will not become a watered down BBL,” said Ghazali Jaafar, the MILF’s vice chairman for political affairs.

For his part, ARMM Gov. Mujiv Hataman said lawmakers must make the BBL the basis for lasting peace and prosperity in Mindanao.

“This, our esteemed legislators, is a daunting task. The future of a people who for centuries have fought for self-determination now lies in your hands,” Hataman said.

He said the creation of the Bangsamoro does not mean the end of the ARMM.

“It is the beginning of peace and progress, the groundwork for which was made by the ARMM. Far from being a failed experiment, the ARMM is living proof that good governance can lead only to success, and that success is what will fuel the Bangsamoro’s continuing quest for peace, progress and the right to self-rule,” he said.

Leaders of Mindanao’s business community also called on Congress to accelerate the passage of the BBL.

“We are confident Congress will approve it immediately,” said Vincent Lao, chairman of the Mindanao Business Council.

Lao said his group is confident that by promoting peace, the BBL will improve Mindanao’s business climate.

Lao urged lawmakers to set aside their political and personal interests when they deliberate on the BBL to hasten its passage.

The military, for its part, also expressed support for the speedy passage of the BBL.

Armed Forces chief Gen. Gregorio Pio Catapang said the BBL would allow the Bangsamoro people to chart their own political future.

“We believe that the successful implementation of the peace process with the eventual establishment of the Bangsamoro will provide the political solution that will end four decades of conflict in Mindanao,” Catapang said.

Going global

President Aquino said he will share with his counterparts in Europe the story of how the Bangsamoro concept came about.

“This Saturday evening, I will be traveling to Europe. The Bangsamoro Basic Law and the rest of our achievements in the area of peace are among the achievements that I will proudly share with the leaders and our countrymen in Spain, Belgium, France and Germany.

“I will tell them the story of how, through trusting and working with each other, we have reached this point in our history,” Aquino said.

“I will tell them that, while our success is not complete yet, we are all confident that our collective efforts towards a more progressive and more peaceful Philippines will continue,” he added.

Canada hailed the submission of the draft BBL to Congress yesterday.

Canadian Ambassador Neil Reeder said the diligent efforts of the Bangsamoro Transition Commission and the Office of the Presidential Adviser on the Peace Process continue to bring new hope for an era of opportunity for the people of Mindanao, the people of the Philippines and partners in the surrounding region.

“Canada welcomes the submission of the proposed Bangsamoro Basic Law to Congress. This and the pending substantive debate on the bill are important steps in the process aimed at achieving lasting peace and long-term prosperity in Mindanao,” Reeder said in a statement.

“Together with the international community, Canada remains committed to being an active partner in continuing our support for the establishment and implementation of the Bangsamoro,” he said.

The World Bank Group also hailed the submission of the draft law. “This is a crucial step in the road map to achieving peace and development in Mindanao,” the group said in a statement. – WithJose Rodel Clapano, John Unson, Pia Lee-Brago, Jaime Laude