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What are the consequences of the new Bangsamoro Basic Law? What kind of practical impacts will it have? What will change? These and more questions have been discussed by more than 200 participants on September 17 in Cotabato City. KuMuNet invited different stakeholders for a first educational debate after the endorsement of the draft of the Bangsamoro Basic Law to the Congress. The result is an FAQ about the Draft Bangsamoro Basic Law.
What are the consequences of the new Bangsamoro Basic Law? What kind of practical impacts will it have? What will change? These and more questions have been discussed by more than 200 participants on September 17 in Cotabato City. KuMuNet invited different stakeholders for a first educational debate after the endorsement of the draft of the Bangsamoro Basic Law to the Congress. The result is an FAQ about the Draft Bangsamoro Basic Law.
What are the consequences of the new Bangsamoro Basic Law? What kind of practical impacts will it have? What will change? These and more questions have been discussed by more than 200 participants on September 17 in Cotabato City. KuMuNet invited different stakeholders for a first educational debate after the endorsement of the draft of the Bangsamoro Basic Law to the Congress. The result is an FAQ about the Draft Bangsamoro Basic Law.
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW
COMMUNITY PEACE FORUM
Em Manor Convention Center, Cotabato City September 17, 2014
1
Two hundred twenty [220] participants gathered in Cotabato City for a first educational debate after the recent endorsement of the draft of the Bangsamoro Basic Law to the Congress. Kutawato Multimedia Network (KuMuNet) invited 37 Punong Barangays of Cotabato City, moreover Representatives from the different Schools and Academe Sector, Business -, Religious - and Security Sector, as well as from Civil Society and the City Peace and Order Council. These multiethnic community groups and representatives of the Bangsamoro Civil Society engaged in an educational discussion on the BBL endorsement to the congress and what will happen next.
The knowledgeable resource persons to encounter in the discussion with the communities were Mr. Abdullah Kusain Chief, BTC Communications Group, Atty. Al Julkifli GPh Peace Panel Legal Team, Comm. Froilyn Mendoza BTC, Capt. Azahar Adam Chief of Staff, IMT M-9 and LTC Haroun Al-Rashid Jaji INF PA, Acting CMO Officer, 6ID, PA
All of the resource persons shared a short statement about The endorsement of the BBL to Congress and what now?
Dong Kusain [BTC Communications Group] It is timely and encourages people to be more involved in the whole process. It is for the public to know the contents of the BBL but should focus more on its impact rather than scrutinizing the document. While the BBL is a legal document, there are terms that are not easily understood. Thus, this forum is the venue for our clarifications and questions
Atty Al Julkifli [OPAPP/GPh Peace Panel Legal Team] What now? The government is focusing on two things: 1. Direct involvement in the deliberations of congress as they tackle the legislation. The government will be in the forefront in this process. We will participate in the processes in the congress, we will be involved in the consultation process that the congress will do in the ground. The panel will conduct parallel hearing and panel discussions. Aside from the processes conducted in the congress, there will be a parallel process outside and these should be on the look out for and be participated in. if we can not go in the process in congress, we can participate in the activities outside. In the process of legislation, the second reading will be the most crucial for lengthy discussions among the house senate members. Even before we reach that stage, we encourage the participation of the community and other stakeholders in the process already.
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
2 2. Normalization process. The GPH panel is committed in the popularization on the BBL but also committed to pursue the aspect of the CAB which is the Normalization process. This is always asked why there is no normalization process? It is not needed anymore to be added to the BBL because these are undertakings that can be done separately because the normalization can be implemented under existing legal mandates.
Commissioner Froilyn Mendoza [BTC] Many times, there are questions about the contents of the BBL. After the endorsement to the Lower and Higher house; it is now a public document. We look at active participation of the community because this is a public document already, we will see if our concerns are reflected in the BBL. This event is a very timely and healthy debate to discuss about what we want to know about the BBL
Capt. Azhar Adam [Chief of Staff, IMT M-9] IMT has been here since 2004 and currently has 37 members coming from Malaysia, Indonesia, Brunei, Japan and Norway who monitor the implementation of Ceasefire. The signing of the CAB is significant step in the peace and development in Mindanao. We always hope for the successful passage of the BBL in the congress There is no shortcut in the peace process and we need to unite in the long road to peace. Peace is an unending process peace is a contribution of all
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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HIGHLIGHTS OF THE PUBLIC COMMUNITY DISCUSSION: Questions and Answers
Some leaders are against the BBL. What are your immediate actions? - Community Question We listen to them. It is their rights. We encourage the dialogue so that the conversations become more meaningful and not confrontative. We dont stop them. It is helpful in our side to listen to them. We encourage everyone to do the same who encounters unlike minded people. Atty. Al Julkipli
We in the Commission believe in the contrary. All the Provincial Governors of ARMM and even Congressmen support the BBL. The challenge is to engage our leaders because at the other levels, these perceptions are brought about by fear and ignorance. The BBL is clear that the previleges of local leaders will not be diminished. Dong Cusain What is the guarantee that the BBL during the plebiscite will win?
The question is phrased in vote buying issues. We ensure that those who attempt to do so will not succeed. OPAPP will work closely with the Commission on Elections [COMELEC] for a credible and honest plebiscite. Comelec already designated a sub-committee for the plebiscite and has been pro-active in terms of preparations to ensure the genuine transparency of the plebiscite. OPAPP and the GPh legal team and MILF panel held meetings with COMELEC in preparation for the plebiscite. Atty. Al Julkipli
The president is very committed. The current administration is committed to making the BBL is a success. Dong Cusain
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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Are the 5 ARMM Provinces subject for the plebiscite? The present geographical area covered by ARMM plus the two cities will vote again. Why? Because the territory of the bangsamoro will depend on the consent of the governed. This is highlighting the primacy of the consent of the governed. Plebiscite is necessary because the enactment of the BBL is the automatic abolishment of the ARMM.
What needs of the IPs should be still included in the BBL that are not yet included? There are rumors that NOT all needs of the IPs are included in the BBL?
If we look at section 5 of the Basic Law, there is recognition of the rights to the native titles or Fusaka Inged. There are legal meanings already in the government policies. The local language was also used. Is IPRA contrary to the provisions of the BBL? Both can go in parallel. IPRA is another tool that we can use and add in the toolbox that we are making. There are no expressed repel of the BBL. Legal pluralism is always considered in the process. The Basic law is a principle that needs further continuity. Commissioner Froilyn Mendoza
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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What if the congress is not amendable to some provisions?
It is clear in the CAB that all agreements will not be implemented unilaterally. Assuming that there will be substancial changes in the DBBL in congress, the MILF has to resort to elevating to the panels. There are still mechanisms. This is what we did when the DBBL was returned to the BTC which was overhauled. The BTC elevated the issues to the panels. Dong Cusain
1. The Congress has the authority to make the laws, including introducing amendments. We can not expect that the DBBL will be 100% the same at the end of the process. There might be some changes. The question is, if it is a substancial change, but there are mechanisms to ensure that the entire process does not breakdown Atty Al Julkipli
On Natural Resources [Article 13, Section 11], it states that existing rights shall be respected until expiration of contracts, permits, franchises... How do we reconcile the current law with the abolishment of ARMM? Under our present system of laws, there is no derogation of contracts. It is not allowed to instantly derogate the rights of contracts and that is in the constitution already. We can not go against that. We have mandates to honor these contracts and permits that we have issued already. The contracts shall be honored and that is part of the constitutional mandates Atty Al Julkipli
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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On popularization of the BBL, are there plans and mechanics to bring to the consciousness of the Moro, Settlers and IPs at the grassroots level the basic information of the basic law? We are in the process of drafting a primer. We are in the pipeline of reproducing the DBBL. We strengthen our radio programs every Mondays and Saturdays. Social Media we also strengthen. This is the easiest flow of communication. Dong Cusain
Section 9 on information campaigns. We are promoting and campaigning for the provisions and contents of the law. Atty Al Julkipli
To avoid friction and misunderstanding, EO120 mandates to conduct local consultations to better understand these by the people in the bangsamoro. Commissioner Froilyn Mendoza
As a Teduray tribe, are our rights to customary laws and traditions included in the BBL? There are three [3] provisions about that on the BBL. Section 24, Establishment of Traditional Tribal Justice System for the preservation of the customary laws. Full participation of the IPs in the formulation of the policies of the TJS shall be transparent.. Commissioner Froilyn Mendoza
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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ARMM has no devolution. What will happen to the permanent staff of ARMM? Can they be secured?
The operative effect of the BBL abolishes ARMM including offices under it and positions. There shall be a gradual phasing out of offices under ARMM. There are transition teams currently crafting the possible package for those affected employees. The abolishment of ARMM may dissolve employment. The possibilities for the current ARMM employees go for optional retirement. How this will happen, will be crafted by under the security of the civil service laws. The central government shall provide the necessary support. To make it clear, the establishment of ARMM does not eradicate all the employees of ARMM. The security in terms of entitlements of the civil service law, these are protected by law after he abolishment of ARMM and establishment of the bangsamoro On Article 11, Section15: Detention and Security, are there mechanisms on the creation of this bangsamnoro command? What is the relationship to the existing western Mindanao command?
Similar provisions in RA9054. Word may is directory, not required. It depends on the central government which still holds decision on this. AFP has a say also to study or determine if it is beneficial to have something like this. The Central government will see if this is viable option or not. There is an executive order from former President Arroyo about unified Mindanao command and that could be the result. Again, this is solely upon the determination of the Central Government. Atty Al Julkipli
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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Bangsamoro Government is composed of Ministerial Assembly or the Parliament. The members of the Parliament will elect the chief minister who will chose the cabinet members. They will make the laws and rules.
Ministerial Form: compare with the present ARMM. Form of government is Presidential because the people vote separately for the regional legislative assembly, Vice Regional Governor and Regional Governor. BBL will be Ministerial where we will just vote for the assembly or the Parliament. They will take charge of the next steps. The parliament with 60 members, 50% of the members will be elected from the party list system; 40% will be district representatives; 10% are reserved seats meaning these are reserved for particular sectors of Non-Moro IPs, settlers, women, the remaining three spots are yet to be determined. Assuming there is already 60-member parliament, they will chose among them who will be the Chief Minister. The Chief Minister will come from the parliament. Once the members decided, Chief Minister will now create a government by appointing certain persons to fill his cabinet who will help in the implementation of executive functions. Leadership in the Bangsamoro government depends on the composition of the parliament. Since this is an assembly, it is almost impossible to be dominated by a certain group of people only. The beauty of a parliamentary is that there are many dynamics that even allow the minority to have a definitive say in the process and even become head of the government. Atty Al Julkipli
In the Bangsamoro government, who is the top leader? MILF? MNLF? BIFF?
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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What will happen to the settlers? Will they be driven away from their lands? All the basic rights of the people are guaranteed in the BBL. even the rights on properties, vested rights, there is no truth that once the BM is established, the settlers will be driven away from their lands. But there will be a Transitional Justice Mechanism. Issues of dispossession of their lands will be discussed. The central government is obliged for the reparation. The lands of the Moro that are being claimed as dispossessed will be discussed about in the Transitional Justice and Reconciliation Commission. This is inclusive, everybody is a part of the Bangsamoro government. The 10% reserved seats [in the Parliament] also include the settlers. Settlers are ensured of their seat in the Parliament. Settlers and settler communities shall have a representative. They dont have to run for position because it is already reserved. Atty Al Julkipli
Theoretically, even a settler can become the Chief Minister as long he or she demonstrate the leadership qualities. Being a Bangsamoro is not a requirement for any position in the new form of government. Political leadership do not bar the settlers and IPs to be part of the government. It also strengthens the political parties. We can slowly leave the personality oriented politics with this form of government Dong Cusain Freedom of choice for settlers?
The identity pertains to the Bangsamoro. The freedom of choice refers to the non-indigenous people. The Muslims and the non Muslim IPs have the same history. I think it is not an issue. Settlers are not identified as bangsamoro, only us Muslims and those who are non-moro IPs. Dong Cusain
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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What will be the role of women or their participation in the BBL?
Women have a big role in the BBL. See article 5 Section 3, establishment of mechanisms for consultations for women. Article 6, section 5 also says that the BM council of leaders shall be composed of these and that, and women sector of other communities. They will also be part of the advisory to the CM. Commissioner Foilyn Mendoza
How will the votes be counted during the plebiscite?
Section 3 article 15 on plebiscite: The counting of the votes will be done by geographic location of the ARMM. For the 5 Provinces , the counting shall be by province. For the 6 Municipalities, counting shall be by Municipality. For the 39 Barangays in North Cotabato, counting will be by Barangaay. For Isabela City and Cotabato City, counting will be by city. For all other contiguous areas who want to be part of the plebiscite, if the majority of the voters say yes, the LGU shall be included in the bangsamoro. Dong Cusain
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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What are the qualifications to be one of the Bangsamoro Islamic Freedom Figh BIAF or Police forces of the Bangsamoro?
The CAB does not state any provisions about that yet. That means the combatants will not be integrated. After the decommissioning, they will become civilians. It is up to them to apply for the police force. THERE IS NO INTEGRATION AFTER THE DECOMISSIONING. THEY WILL GO BACK TO CIVLIAN AND PRODUCTIVE LIVING. The arrangements if they want to be part of the police force will be identified later. Atty Al Julkipli
Article 9, Section 11, there are qualified women to be appointed to the Bangsamoro cabinet. What are the qualifications?
Article 9, section 1: On qualifications, these will need further discussions to be able to identify the women leaders. The BM government shall protect and uphold the rights of the women. There are particular laws to be drafted that will operationalize these provisions in the future. Accompanying laws need to be crafted by the BTC as well. BM parliament shall enact a law that will recognize the women. Section on gender and development; 5% - 30% of the BM funds will go to the women development. There are also imperatives of the BBL to the BTC to protect the women. It also allots appropriate budget for the furtherance of the development of the women. Atty Al Julkipli
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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What will happen to the MNLF who were integrated?
They will not be ousted. There will be no integration though. Their integration was part of an agreement and the government remains committed to pursue that agreement. Atty Al Julkipli
On Military brutality
There will be mechanisms to ensure that your rights will be respected. That will not be taken for granted. Atty Al Julkipli
BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW COMMUNITY PEACE FORUM Em Manor Convention Center, Cotabato City September 17, 2014
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On Wealth Sharing
Article 12 states about making the BM Government fiscally autonomous. There should be funding sources, admin and resources as well as management should be fixed to ensure that the audits should also be instituted in the BBL. Article 13 also talks about Economy and Patrimony. Both Articles tackle accountability mechanisms so auditing are also included in the debates. All of these are to ensure the fiscal autonomy so that they become independent and provided for the needs of the constituents.
There will also be a Bangsamoro Auditing body that will work together with COA to ensure no corruption and accountability.
In terms of taxes on the ARMM, the Bangsamoro can enforce for additional taxes. For these taxes, BIR will not be collecting this but the directly the bangsamoro government.
Fees ad and charges shall also be collected. 75% shall go to the Bangsamoro, 25% to the central government. Aside from the auditing office, the bangsamoro will have its own tax office. Meanwhile, central government will assist in tax and fiscal management like capacity building and the like.
An annual block grant amounting to 4% from the national government will also be provided to the BM government under certain condition. This will serve as the IRA of the Bangsamoro on an automatic and regular process.