Questions and concerns from the audience

Answers and comments from the panel

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.

But even if 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.

How many percent 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.

Questions and concerns from the audience

Answers and comments from the panel

What happens to career employees upon ARMM’s abolition?

Ali: The BBL only provides for the restructuring of bureaucracy to make it consistent with the new type of government, which is ministerial. It says gradual phasing out of offices – not personnel. There will be no vacuum – meaning, the delivery of basic services will continue, so will regular government functions.

Assuming that an office will be affected, the BBL guarantees separation benefits. Employees qualified to avail of retirement will also have benefits they’re entitled to.

On the specifics of what exactly will happen to the ARMM employees will depend on the BTA, the one that will decide on the reorganization of the bureaucracy.

Eisma said the reorganization and staffing of the new bureaucracy will institute merit-based hiring process observing gender and ethnic balance. This will also leave ghost employees no room in the Bangsamoro Government.

What does the 10 percent petition for inclusion mean?

Julkipli: For the first plebiscite on the ratification of the BBL, the 10 percent petition for inclusion is a mechanism in the BBL to allow territories that have been excluded in the ARMM but contiguous to it to have the chance to join the Bangsamoro.

The 10 percent of registered voters in a certain LGU petitioning for inclusion does not mean automatic inclusion in the Bangsamoro. It will be for the majority of registered voters in that LGU to decide whether or not they want their LGU included in the Bangsamoro territory.

After the first plebiscite, any contiguous area wanting to join the Bangsamoro can still petition – meaning 10 percent of its registered voters asking COMELEC to hold plebiscite in the area to determine whether or not majority of its registered voters favor inclusion in the Bangsamoro.

The BBL has an “opt in” provision, what’s the wisdom why “opt out” is not included?

Julkipli: An expressed “opt out” provision defeats the sense and spirit of this whole exercise, which is coming together and holding together.

He clarified however that the existing Local Government Code has a facility for political units or territories to break apart. It has a provision saying that LGUs can be created, merged, divided, abolished, the boundaries substantially altered.

Why doesn’t Zamboanga City qualify as contiguous to the proposed Bangsamoro core territory?

Julkipli: The question of contiguity in relation to the issue of Zamboanga City has been extensively discussed. Although the BBL does not have an exact definition of contiguity, the prominent position that has been taken by policymakers is contiguity by land.

The ARMM owns a property within Zamboanga City. Will this qualify the city as contiguous to the ARMM?

Julkipli: This is only proprietary. It cannot be made a basis for contiguity.

But what about the short breadth of water – short distance – between Zamboanga City and Basilan?

Julkipli reiterated the dominant position of lawmakers on contiguity that is contiguity by land.

On waters between Zamboanga City and Basilan, Julkipli explained: Zamboanga City will still have its own municipal waters under the Philippine Fisheries Code. The question is to what extent if Basilan opts to join the Bangsamoro territory? Under the proposal, it will be equidistant – they will share for the same breadth of waters. On one hand it will be Bangsamoro waters, on the other, it will be the municipal waters of Zamboanga.”

What does the Constitution say about contiguity? Who defines it?

Julkipli: The Constitution does not have a definition of contiguity. For the BBL, the reference is international law, the widely accepted position being that water is not an extension of land. The BBL is still in the stage of legislation and the term, given that it has no definite definition, can still be clarified by Congress if it chooses to.

While it is clear that Zamboanga City will not become part of the Bangsamoro, what will happen to combatants, civilians who lost lives, properties, and opportunities? Will there be apologies from the government and reparations?

Julkipli who also sits as alternate member of the Transitional Justice and Reconciliation Commission, said that transitional justice interventions will be undertaken. Right now, the commission is going through a step-by-step process studying appropriate mechanisms. It will come up with a well-studied proposal on how to carry out transitional justice interventions. There will be consultations to ensure that this will really address the concerns of people and will not only result in a band-aid solution.

Will there be guarantee that the bodies tasked to safeguard transparency and accountability will have counterpart protection?

Julkipli: With the initiatives to enhance security and policing in the Bangsamoro is the hope that robust law enforcement will support among others security, for instance, of auditors in the implementation of their mandates. Auditors in the past failed to perform their function due in part to security issues.

Ali: Related to the transitional justice mechanism is the allotment of a special development fund for conflict-affected and poverty-stricken areas to help bring people’s lives to normal.

How sincere is the government in solving the Mindanao problem?

Salapuddin: Sincerity is very difficult to measure, but we should see the overall picture that the success of this process does not only depend on the President but on making sure institutions and policies really work. Sincerity can be measured in the kind of institutions and polices that we produce.

In it in this sense that we should also look into parallel efforts that support attainment of peace, not only in the Bangsamoro, but throughout the country.

Salapuddin cited as laudable examples of these efforts the passage of an anti-discrimination ordinance in Cebu City and the establishment of the Bulacan government of a Muslim affairs unit within its LGU.

Does the BBL have enough accountability measures? Will it solve corruption?

Julkipli: The problem of corruption is deeply ingrained, highly convoluted and complex, and it exists in all level of government anywhere in the Philippines. The BBL is part of the solution but this is not the whole solution to the problem.

Ali: As far as the BBL is concerned, a new governance framework will be introduced and with it are measures and checks. We hope that the problem of corrupt practices in the ARMM will not be carried over to the Bangsamoro.

On the accountability of Bangsamoro officials, Julkipli added that national laws will still apply. The Anti-Graft and Practices Law will still be in full effect in the Bangsamoro; the Ombudsman will continue to go after the corrupt in government, the Bangsamoro Government included.

How to gauge support or opposition to the BBL of LGU officials because it seems some prominent LGU personalities are still not sold out to the idea of a new autonomous political entity because of fear that their powers will be clipped?

Eisma: The BBL is very clear that privileges already enjoyed by LGUs will not be diminished. Because they will play a major role in the upcoming Bangsamoro as front liners in governance and the delivery of services, it will even be better that their powers will be enhanced further by the Bangsamoro Parliament.

Are there guarantees that the proposed BBL will pass constitutional muster?

Julkipli: As far as the BTC is concerned, they believe that the BBL they have produced is constitutional.

Congress had held sessions with legal luminaries and as far as the proceedings show, the legal community is divided on this issue. There is no preponderant position right now, only contesting views with one side saying that there are constitutional infirmities and the other side believing the proposed draft is perfectly constitutional.

The challenge for Congress now is to weigh in all these positions and read them against the provisions of the law. In this process, our lawmakers can make their own constitutional calibrations.

Ali added he believes Congress will not pass a law only to be declared unconstitutional later on.

Eisma: We’ve included a separability clause in the BBL so that only provisions declared unconstitutional will be the ones affected and provisions that are constitutional will remain to take effect.

Sanson: A recent example is the Reproductive Health (RH) Law. Some of its parts were declared unconstitutional by the Supreme Court, but others have been upheld as constitutional. For the BBL, we hope that all provisions will be constitutional.

The BBL draft should ensure representation of the sultanates. Given their long history, they should be given space in the struggle for self-determination.

Salapuddin said the issue of sultanates is another layer of identity that the BBL should be able to address in terms of inclusivity. She urged the audience in Zamboanga to submit position papers on the sultanates for Congress to consider.

Related to the issue of sultanates, how does the BBL treat the claim on Sabah? By historic right, Sabah and Spratlys are part of the Bangsamoro.

Julkipli: It should be the Philippine national government that should address this issue. We are just part of the national government.

Salapuddin, speaking for the Tausugs of Sulu, said Sabah is not just an issue of the sultanates or the government. “I assure you that the national government will not neglect the Tausug and the sultanate issue,” she said.

Julkipli added: In the whole process since we started negotiations, the government did not change its position on Sabah. The government recognizes the claim and assertion coming from the sultanates.

Zamboanga City said NO twice already in the previous plebiscites. Isabela City also did not favor inclusion, but why is it still included in the forthcoming plebiscite?

Julkipli: Isabela City is within the province of Basilan, which is part of the ARMM, so it makes sense that we ask them again to see whether they have changed their view after their experience being in the middle of the ARMM territory. The same is true for Cotabato City.

A comment was raised that one of the gray areas of the BBL is allowing 39 barangays in North Cotabato to be included in the forthcoming plebiscite, while Muslim barangays in Zamboanga City are not given this opportunity.

From the floor, an observation was shared that majority of the attendees in this forum seemingly are for the non-inclusion of Zamboanga City in the Bangsamoro. “They’re saying that they are for peace yet they are not for the empowerment and development of the Bangsamoro in Zamboanga City.”

Again, the panel reiterated the position taken with regards to contiguity.

Salapuddin, Julkipli and Ali reiterated the BBL position on the Bangsamoro people outside the core territory, saying there is a provision allowing the Bangsamoro Government to also take care of the Bangsamoro people outside the region. This will be possible through the intergovernmental relations mechanism.

On the plebiscite question, there’s a view that one question (Do you approve of the BBL?) is not really empowering people because support to the BBL does not necessarily mean inclusion.

Julkipli said that the consensus right now is to have one question. The wisdom being that only those in the proposed core territory will be asked such question and an affirmative vote already suffices assent.

The BBL recognizes rights of the indigenous peoples. But does it recognize the IPRA?

Ali: The BBL has in it all the rights of the IPs under IPRA, in fact, even more – IPRA rights plus, plus. IPRA, per se, is not mentioned in the BBL because it has provisions that are not really appropriate at this time. For instance, on the share of IPs from the income on natural resources, the IPRA speaks of only one percent royalty, while the BBL says equitable sharing. In IPRA, if a given place is an IP majority, the IPs can create it as their barangay. The BBL says they can create an LGU – not just a barangay, but a municipality, city, or even a province. Adopting IPRA in toto is like tying our hands.

With this BBL, land-based and sea-based indigenous peoples will have the opportunity to come together and craft their own ideas on how their rights will be better protected in the Bangsamoro, without the IPRA being imposed on them.

On inclusivity, what are the hopes for the Badjaos under the Bangsamoro?

Salapuddin acknowledged the issue of the Sama Badjaos.

For the Badjaos in Zamboanga City, the future Bangsamoro Government, as part of the intergovernmental relations mechanism, can talk to the city LGU because Sama Badjao communities are found within the 15-kilometer municipal waters of Zamboanga. These people are always displaced by development aggression. They are not consulted when development traverses their areas. The Bangsamoro Government and Zamboanga City LGU should deal with this issue. Right now, the Sama Badjaos are interested in getting the islets as their domain.