FAQ Draft Bangsamore Basic Law

5/20/2018 FAQ Draft Bangsamore Basic Law

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BALITAKTAKAN HINGGIL SA DRAFT BANGSAMORO BASIC LAW

COMMUNITY PEACE FORUMEm Manor Convention Center, Cotabato City

September 17, 2014

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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.


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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 thenormalization 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 congressThere 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


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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


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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


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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

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


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On popularization of the BBL, are there plans and mechanics to bringto 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 ofthe 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


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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


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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 Presidentialbecause the people vote separately for the regional legislative

assembly, Vice Regional Governor and Regional Governor. BBL will be Ministerialwhere 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?


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What will happen to the settlers? Will they be driven away fromtheir 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 JusticeMechanism. 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


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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


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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 theBTC 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


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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


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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.

- Att Al ulki li

Documents

FAQ Draft Bangsamore Basic Law