Presented by IAG in partnership with Mahardika Institute of Technology, with support from the Facility for Advisory Support for Transition Capacities (FASTRAC) and the United Nations Development Programme (UNDP)
In pictures: Forum on the BBL in Bongao
This forum in Bongao, Tawi-tawi is the second time for IAG, IAG executive director and forum moderator Atty. Benedicto Bacani announced, adding that while the forum is designed specifically for the BBL, the larger backdrop of the discussion is meaningful autonomy in view of the gaps in the current ARMM, which the BBL aims to address.
Atty. Bacani stressed on IAG’s independence, saying that the organization is neither affiliated nor loyal to any party and its commitment is purely to the peace process. As such, its work is basically to challenge the parties to perform their responsibilities as provided for in the peace roadmap.
Forums like this are important to initiate informed discussion on the salient points of the BBL so that people can take a rational stand when plebiscite for its ratification comes, Atty. Bacani said.
The Mamasapano incident
The panel discussed the Mamasapano incident at the outset. Atty. Julkipli clarified that the BBL is still in both houses of Congress and that the legislators have not totally abandoned it. Hearings and sessions in Congress were temporarily suspended to give way to the probe on the bloody January 25 clash in Tukanalipao, Mamasapano that left 44 Special Action Force (SAF) police personnel and 18 MILF rebels dead.
Senator Ferdinand “Bongbong” Marcos on January 26th ordered the suspension of all hearings related to the passage of the BBL at the Senate.
“We cannot in conscience, proceed with these hearings while a cloud of serious doubt hangs over the security situation in the south," Marcos said in a statement.
Atty. Julkipli explained that the suspension of the hearings is in recognition of the gravity of the incident. The result of the investigation will help fine-tune the BBL especially on matters of public order and safety, he added. He also noted the intent of the Senate committee on constitutional amendments chaired by Sen. Miriam Santiago to proceed with its hearing on constitutional issues surrounding the BBL. This is a sign that the BBL at the Senate is not dead.
Com. Salapuddin emphasized that although some legislators have withdrawn their support to BBL, their institutions – the House and the Senate – remain committed to the passage of the basic law. More importantly, President Aquino has reiterated his support to the peace process, the BBL in particular.
Local concerns
But even without the news of the Mamasapano clash, Prof. Tikmasan noted that doubts on the BBL have already been swirling around in the province. She attributed this to the lack of information campaign and “real” consultations on the side of the government and the MILF that could have reached out to more people in the islands and explained the contents of the BBL. She cautioned that the level of awareness on the BBL in Tawi-tawi is very low.
“Will the Christians still be able to go to mass? Will pork be banned? Will ARMM employees lose their jobs? Have the government sold its people out to create a new entity” These are some of the burning questions on the BBL Prof. Tikmasan said she heard.
Atty. Bacani noted that these and other frequently asked questions on the BBL are anchored on personal needs. Hence, it is important to examine the BBL by looking at who will benefit from it or whether it carries the solutions to problems ordinary people face every day.
Com. Eisma believes the BBL he and his colleagues in the BTC drafted and which is now in Congress captures the interests of all the inhabitants of the proposed Bangsamoro.
‘BBL is inclusive’
“Our aim when we were writing the BBL is inclusivity so that all inhabitants will have the same rights,” he said.
Com. Eisma addressed misconceptions that the proposed BBL once in place will favor certain sectors. He pointed to BBL provisions that guarantee non-discrimination in government service, reserved seats for minority groups, and protection of the rights of the non-Islamized indigenous peoples.
The sole voice of migrant Christian settlers in the BTC also stressed that the Bangsamoro government the BBL will entrench will not be exclusive to the MILF. This misconception stems from the fact that the BBL is based on the Comprehensive Agreement on the Bangsamoro (CAB), the final product of the 17-year peace negotiations between the government and the MILF.
The Bangsamoro identity is not even a requirement to enter government or public service, he said. Atty. Julkipli concurred with Com. Eisma, urging the audience to read inclusivity in the BBL by being critical of the terminologies used. On who can become a member of the Bangsamoro Parliament, the BBL speaks only of Philippine citizenship and residency in the Bangsamoro as primary qualifications. Theoretically, Eisma pointed out, the position of chief minister is not exclusive to Muslims.
The proposed BBL has seats reserved for non-Moro indigenous communities, settler communities, and women. These allocated seats – 10 percent of the 60-seat Bangsamoro Parliament – are in addition to seats for district representatives and party representatives up for grabs during the election.
Atty. Julkipli also assured that inclusivity in governance is mirrored in economic rights and opportunities. For instance, the BBL speaks of preferential rights over the exploration, development, and utilization of natural resources within the region, but this is for all bona fide inhabitants of the Bangsamoro, he stressed. He added that the sharing in revenues of constituent local government units will also abide by principle of non-discrimination.
At this juncture, Com. Salapuddin followed the thread of discussion to explain in the local dialect the intent of the proposed BBL to be as inclusive as possible. She also discussed the implication of the provision on exclusive authority of the Bangsamoro within the 12 nautical miles of waters from its coasts, saying the local fisher folks are poised to benefit from the resources found therein.
Com. Salapuddin empathized with the locals, adding that she understands the difficulty in and the costs of accessing government services in the regional center in Cotabato City given their remote location. She admitted that the BBL must be able to address the most basic concerns coming from the grassroots: How will the economic provisions of the BBL affect ordinary people? Will people have better access to health services? And so on.
‘BBL addresses dysfunctional intergovernmental relations’
Atty. Bacani steered the discussion to see if the BBL can fix problematic relations between the national government and the regional government as is the experience in the ARMM right now. Intergovernmental relations affect the delivery of governance and basic services to the people.
The problem with the ARMM stems from its imperfect autonomy and partial devolution, Atty. Julkipli said. There are powers from the national government that were devolved to the regional government but whose funds remain with the national line agencies, he explained.
The BBL promises to fix the problem on devolution by delineating what powers only the national government will exercise, powers both national government and regional government will share, and powers that will be devolved entirely to the regional government. Atty. Julkipli underscored the need for government to let go of certain powers and effect full devolution for a regional government like the Bangsamoro to achieve genuine and meaningful autonomy.
The next logical step once this devolution is reached at the regional level is to devolve some of these powers down to the local government units because the latter are the ones actually implementing many of these functions. This also clarifies the lines of authority between the regional government and its constituent local government units, thus improving and strengthening their relations and harmonizing the whole autonomous setup.
Fiscal autonomy
Political autonomy – which will be gauged through the powers that will be devolved to the Bangsamoro – and fiscal autonomy go side by side because new powers would entail additional funds.
“The political autonomy the BBL will give the Bangsamoro is meaningless without also enhancing its fiscal autonomy,” Com. Eisma said. To this end, the BTC thought of including in the BBL the block grant, an annual budget for the operations of the Bangsamoro government, which will be automatically appropriated and released regularly – much like the Internal Revenue Allotment (IRA) of local government units.
The rationale behind fiscal autonomy is for the Bangsamoro to attain economic self-sufficiency by allowing it to come up with its own development plan, budget, and schedule of expenditures. The BBL provides a platform for this by giving the Bangsamoro government the power to legislate on its own the block grant through an annual appropriations law so that it can initiate programs and policies that will be responsive to the needs of its people.
The BBL also provides for a more equitable sharing from revenues derived from the exploration, utilization, and development of natural resources. It devolves additional taxes to the Bangsamoro, as well.
Com. Eisma is optimistic these provisions will ultimately translate to growth in the Bangsamoro. He added that the constituent local government units of the Bangsamoro will also get their fair share on the region’s wealth that will be generated from the sources mentioned. Specifically, the BBL says that the Bangsamoro Parliament will enact a law detailing the shares of constituent local government units in the share of the Bangsamoro government in the taxes collected in their jurisdiction and in the revenues from the exploration, development, and utilization of natural resources.
Prof. Tikmasan said these are very important points in the BBL that should come out in the consultations in the islands.
“We want to know our share in the funds. We want to be properly represented. We want our peculiar needs known,” she said.
Tawi-tawi’s voice in Bangsamoro governance
Com. Eisma said the BBL will carve a regional assembly – to be called Bangsamoro Parliament – that will capture all the voices and interest of diverse groups and sectors in the Bangsamoro.
The 60-member parliament will allot 50 percent of the seats to party representatives, 40 percent to district representatives, and 10 percent to minority groups, primarily non-Islamized indigenous peoples, settler Christian communities, and women.
For district representation and on the basis of one representative per 100 thousand inhabitants, Tawi-tawi is already assured of three district parliamentary representatives in the parliament, Com. Eisma added.
Aside from the parliament, the Council of Leaders is another important venue local leaders in Tawi-tawi can engage with regional leaders and their counterparts in other local government units in the Bangsamoro, and representatives from the non-Moro indigenous communities, women, settler communities and other sectors.
Atty. Julkipli said the Council of Leaders is an innovation in the Bangsamoro to establish relations between the regional government and constituent local government units. It will act as an advisory body advising the chief minister on matters of governance.
The principle of zones of joint cooperation will also improve the relations between the mainland and the islands as both will look together into how to share responsibility on how to improve access and ease transport, and move goods and services within the identified zones, among others. Matters on transportation and communication in view of making the Bangsamoro area more cohesive can be discussed in the intergovernmental mechanism that will be established, Atty. Julkipli explained.
Summary of questions from the audience, answers and comments from the panel
■A commenter raised the lingering impression that the BBL is unfit under the current Constitution because it effectively abolishes the organic act for Muslim Mindanao the 1987 Constitution has already provided. Moreover, it will entrench a system of government that is different from what the rest of the country practices.
Atty. Julkipli said he believes the proposed BBL in Congress is constitutional, adding that the constitutional provision on the organic act is generic and must be interpreted to allow for an evolution of autonomy. The whole BBL process is to evolve the autonomy by reforming the ARMM, he said.
He noted that the surviving members of the constitutional commission that drafted the 1987 Constitution have recently thrown their support to the passage of the BBL, thus affirming the intent of the Constitution to allow for genuine autonomy and the necessary reform and improvement on the current ARMM as the times dictate.
“The need now is to advocate for a new organic act – and this term is generic, only this time the term used is BBL, which will establish a new autonomous region – another term that is generic, to be known as Bangsamoro,” Atty. Julkipli said.
On whether the ministerial system of government for the Bangsamoro could be accommodated under the Constitution, Atty. Julkipli explained: The ministerial form of government proposed fits in the constitutional provision that says Congress will enact an organic act that will organize a government structure that will have elective executive and legislative branches. The guidance is to have executive and legislative branches. Both the presidential and the ministerial form have elective executive and legislative branches. The only difference is one has separate powers for each; the latter has fusion of powers. Furthermore, a parliamentary system is a democratic system because the power still resides with the people. People will elect their representatives; therefore, the Bangsamoro government is representative and republican in nature, fulfilling all the requirements under the Constitution.
On whether the parliamentary system would be a better option for the Bangsamoro, Prof. Tikmasan cautioned that the people cannot readily throw their support without understanding these concepts and given that they have a long history of distrust of the government.
For their part at the BTC, Com. Eisma recalled that their basis for drafting the BBL was the agreed political settlement between the government and the MILF, which provides that the government of the Bangsamoro will be ministerial.
■What will be the basis for ratification of the BBL?
Atty. Julkipli: For the present ARMM provinces, the counting of the votes cast will be by province; for cities, it will be city-wide. For the six municipalities in Lanao del Norte, the counting of the votes cast will be by municipality. For the 38 barangays in North Cotabato, it will be at the barangay level. This means that in Tawi-tawi, the counting of votes will be at the provincial level.
■Is the block grant a form of earmarked fund? If the Bangsamoro will be entitled to this, will this be unfair to the other regions? The mechanics of the IRA will be more equitable to all.
According to Atty. Julkipli, the block grant is not an earmarked fund. It will be a regular item in the national appropriations law just like the IRA of local government units.
■The answer to the struggle for self-determination in the past is the present ARMM, which has been declared already as a failed experiment. Will the BBL be the final answer? The basic issues are social and economic. For as long as there is marginalization, not inclusive growth, and unequal opportunities, these problems will persist.
The Bangsamoro people are not the only ones exploiting their sea resources. There are fishing boats that are not registered in the area and whose owners pay their taxes in other places also going there. Farmers and fisher folks always fall prey to market forces. Will the BBL also be able to address their situation?
Atty. Julkipli reminded the audience that the BBL is a major solution but it will not be the only solution to a major problem. “The BBL is not a magic wand that will solve all our problems,” he said, adding that there are other factors beyond its purview like how the people choose and elect their leaders. The normalization aspect of the peace process and the transitional justice mechanisms that will be set up are equally important aspects of the search for lasting peace in the region, he added.
Meanwhile, Com. Salapuddin underscored participation in all governance processes as key to ensuring that the Bangsamoro will be responsive to the needs of the people.
Prof. Tikmasan urged the people in Tawi-tawi to be participants in the process. The political party system, she said, provides an opportunity for ordinary people to be heard. She added that the challenge now is to assert the place of the province in the different mechanisms presented by the BBL.
■The next commenter expounded on the qualities officials of the Bangsamoro must possess to make the BBL a success. He focused on fitness and competence, integrity, creativity, and goodwill among those who will lead the new region as a prerequisite of good governance.
■What does the BBL say about youth? How can they participate in the Bangsamoro?
Com. Salapuddin said the BBL has provisions to safeguard the welfare of youth and children. The basic law upholds the right to free basic education. In addition, the BBL also provides for the creation of an institution for the youth; its details will be determined by the Bangsamoro parliament.
For Atty. Julkipli, the BBL, through the political party system it will establish in the Bangsamoro, is an opening for the youth to become actual holders of powers by being part of the parliament. He said the youth may also form their political party and run in the elections. The option to have in the future a reserved seat for the youth in the Bangsamoro parliament remains open, he added.
■How do women fare in the BBL?
Com. Salapuddin said the BBL has ensured that five percent of the block grant will make sure that the programs and projects that will be implemented in the Bangsamoro will be responsive to the needs of the women. The five percent is not a lump sum budget that can be separated from the block grant but an amount that already forms part of the budget of all programs and projects.
■When will the referendum be? There is a lot of confusion on this especially now that the Mamasapano incident has stalled the passage of the BBL in Congress?
Atty. Julkipli: The referendum or plebiscite on the ratification of the BBL will come 120 days after the passage of the law. The COMELEC will conduct the plebiscite. After the plebiscite, the Bangsamoro Transition Authority (BTA) will be formed. The BTA cannot come in without the plebiscite because it is only the result of the plebiscite that could determine if indeed, there is a Bangsamoro territory to be formed.
■The Bangsamoro will have exclusive power over the Shari’ah as part of its justice system. The provision seems to limit the jurisdiction of the Supreme Court and anything that decrease or increases the power of the Supreme Court is unconstitutional.
Atty. Julkipli: The exclusive power of the Bangsamoro over the Shari’ah refers only to the competence of its parliament to enact legislation related to Shari’ah. The administration of the Shari’ah courts, including the judges and the personnel, is a concurrent power so the whole setup does not infringe on the power of the Supreme Court.
■It is high time that the upcoming Bangsamoro government consider other places as seat of government other than Cotabato City. Basilan is halfway between the mainland provinces and the island groups.
Com. Eisma welcomed the suggestion. The BBL does not specifically identify a particular area as seat of the Bangsamoro government. “We will leave the decision to the wisdom of the future Bangsamoro parliament. After all, it is in its power to pass laws that promote the general welfare of the people in the Bangsamoro,” he added.
■The BBL seems silent on the Sabah issue and the plight of “illegal” migrants from the Bangsamoro.
Co. Salapuddin: The government did not abandon the Sabah claim but the BBL is not the mechanism to address this issue. The whole nation should stand behind us, together with the national government and our national agencies.
■We will go for NO in the plebiscite because we in Tawi-tawi are not represented in the BTC. We are not recognized. Another question is how decommissioning will proceed given that people hold on to their guns for protection?
Atty. Julkipli pointed to the recent signing of the protocol on the implementation of the terms of reference of the Independent Decommissioning Body (IDB) for the decommissioning of weapons and combatants of the MILF. He said this is the first step in the decommissioning process.
The implementing guidelines signed by the government and MILF negotiators on January 30, 2015 lay out the steps for the inventory of MILF arms and personnel, verification of this inventory by the IDB, and where and how the MILF arms will be kept and put beyond use, among others. The IDB is the body tasked to oversee the decommissioning of MILF weapons and forces. It is chaired by an expert from Turkey, with two other foreign member-experts from Norway and Brunei and four local experts jointly nominated by the government and the MILF.
Does this mean that individuals can no longer possess firearms?
Atty. Julkipli said no, adding that the in the country, private individuals are given authority to possess and own firearms, but within the bounds of law. This means that the firearm and the possessor must be registered under the law. Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act regulates the ownership, possession, carrying, manufacture, and importation of firearms, ammunition or parts. The same law will apply to MILF fighters once they become civilians.
■What is the BTA? Why is it MILF-led?
Com. Eisma said the BTA will pick up from the time the ARMM is abolished after the plebiscite and it will serve as a transitory government to ensure the continued functioning of governance and delivery of services until the regular members of parliament are elected.
Com. Eisma: It is MILF-led, the MILF being the principal player in the comprehensive agreement. They are given the preference in terms of leadership in the 50-member BTA that will be appointed by the President, but this should not be construed that the BTA will be exclusive to the MILF. This arrangement will last very short until the regular officials based on the allocation of seats in the parliament assume their position.
■Will the Bangsamoro police replace the existing police force in the ARMM?
Atty. Julkipli: No, because there is only one Philippine National Police (PNP). The Bangsamoro police force is part of the PNP. The existing police right now – who are part of the PRO-ARMM - will remain. They will be part of the Bangsamoro police. Some of their functions will be reconfigured, including the structure, because of the participation of the chief minister. They will be the same policemen observing the same standards and belonging to same organization – the PNP.
The Bangsamoro police will be trained on matters related to Shari’ah, especially now that Shari’ah courts in the Bangsamoro will have jurisdiction over criminal law, Julkipli added.
He also clarified that members of the MILF’s Bangsamoro Islamic Armed Forces (BIAF) will not be automatically integrated into the Bangsamoro police or the AFP.
■Will Tawi-tawi be represented in the Bangsamoro police board by its member in the Parliament?
Atty. Julkipli: On who among the parliament members will sit in the Bangsamoro police board is still up for determination by the parliament later on.
Com. Salapuddin challenged the people of Tawi-tawi that if they would want to be part of the Bangsamoro, they should assert their representation in the BTA and the Bangsamoro government later on by looking into different channels. For instance, for the BTA, the province can go through both the government and the MILF nomination, the basis of the appointment of the President of the members of the BTA, to push for the appointment of their representative.
■Will the casualties in the Mamasapano incident get justice?
Atty. Julkipli: The President already vowed to deliver justice that the victims deserve. As well, the MILF leadership has come up with a commitment to conduct its investigation. What we can do is to be vigilant so that actions are really taken.
■The framework of Bangsamoro is good, but there are apprehensions that it will affect tenure and of local employees in government offices.
Atty. Julkipli: The gradual phasing out of ARMM offices will be a rational transition plan and observant of civil service rules. It is being studied now by the coordinating team for transition composed of representatives from the ARMM government, OPAPP and Civil Service Commission. The phasing out will affect only regional offices, not provincial or municipal offices, except those attached to line agencies of the ARMM.
■How will the BBL affect the charters of state universities and colleges (SUCs) in the Bangsamoro?
Atty. Julkipli read the provision on state universities in the Bangsamoro: The SUCs within the Bangsamoro shall be considered part of the Bangsamoro educational system. This notwithstanding, these SUCs shall enjoy academic freedom and fiscal autonomy and shall continue to be governed by their respective charters.
■If Congress does not approve the BBL, what are the options?
Atty. Julkipli: Whether we like it or not, because it is under the agreement, we need this law. If this does not get approved in Congress this time, we will continue pushing it in the next Congress. The national government has committed to this process already.
Com. Eisma: In the event that the BBL is not approved by Congress, the ARMM will continue to exist. This does not mean that the other party will go back to the battlefield. The peace process will continue until the BBL, which is the implementation of the peace agreement gets out of Congress.
Com. Salapuddin: But even if it gets passed, there is still room to improve it over time through parliamentary procedures or by introducing amendments to make sure that it becomes and stays relevant always.