UP Forum May - August 2015

FORUM UNIVERSITY OF THE PHILIPPINES

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MAY - AUGUST 2015

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VOLUME 16 NUMBERS 3 & 4

Finding Peace in Bangsamoro

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Be on the Right Side of History! | 8

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t has been a very long, demanding and difficult journey. After eight months of consultations and 51 hearings, more than two hundred hours of debates and long man-hours spent on studying and crafting this bill, I am very proud to present to the Plenary, Committee Report No. 747 submitted by the Ad Hoc Committee on House Bill No. 5811 in substitution of House Bill No. 4994.

The title of the substitute measure is: AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO.

The Filipino Muslim: Living with Prejudice, Yearning for Peace | 2

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uslims are one of the most stigmatized groups in the Philippines. From "DVD" jokes to generalizations that they are vengeful and prone to violence, Filipino Muslims have long been subjects of prejudice.

Misconceptions and negative stereotyping are forms of prejudice, where an individual makes a judgment without the benefit of facts. According to UP sociologist, Prof. Manuel Sapitula, technically speaking, prejudice is irrational. Prejudice leads to stigmatization, a social phenomenon in which society ascribes a negative trait to a person or a group of people that overshadows whatever positive traits he

Healing the Wounds of Mamasapano | 4

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f there is one group of people who know all about the human consequences of “all-out war,” it is the villagers of Pikit, North Cotabato.

Despite the formation of the Autonomous Region in Muslim Mindanao (ARMM) in 1989 and the acceptance of the peace accord between the Philippine government and the Moro National Liberation Front (MNLF), the war in Pikit, and the rest of Central and Southern Mindanao continued for years—between the MNLF-breakaway group Moro Islamic Liberation Front (MILF) and the government after President Joseph Estrada’s declaration of an all-out war policy in 2000, followed by President Gloria MacapagalArroyo’s military campaigns against “criminal elements.”1

2 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

The Filipino Muslim: Living with Prejudice, Yearning for Peace... continued from page 1

Arlyn VCD Palisoc Romualdo or they might possess. Whatever good exists in stigmatized people are not recognized because of one negative evaluation. Sapitula told the UP Forum that there is no stigmatization if there is no society that "imputes these characteristics to certain persons or groups."

He added that prejudice and stigmatization against Filipino Muslims, in particular, stem from a lack of knowledge and appreciation of who they are, which leads to misinformed opinions.

The widespread, liberal, and interchanging use of the terms "Moro" and "Muslim," for example, lumps together both groups when in fact, not all Muslims are Moro. Moros are Muslim tribes or groups that have inhabited Mindanao since pre-colonial times. But unlike Muslims in general, who are practitioners of the religion Islam and can very well convert to other religions, Moros cannot undo their being Moro. Not recognizing the difference between Moro and Muslim is a form of prejudice due to lack of knowledge or the unwillingness to know and understand who these people are.

Then there are the "DVD" jokes.

Many non-Muslims are unaware that most of these Muslim vendors leave Mindanao because they want to escape conflict, that they are displaced. On the misconception of the vengeful Muslim, Sapitula posited that it may come from the practice of rido or clan wars.

It used to be a sincere and amicable method of addressing grievances between clans though something may have changed in the practice.

There is also the opinion that Muslims are prone to violence, inherently violent or "war-like." Their display or release of anger—juramentado, amok, or going berserk—is seen by non-Muslims as "socially unacceptable" though non-Muslims themselves manifest anger in similar ways. Even the Muslim brand of bravery is seen by the cultural majority as beyond the acceptable display of valor, as opposed to the bravery of the Waray which is seen as positive and empowering.

Acknowledging the stigmatization of Filipino Muslims, however, does not mean ignoring the crimes and acts of terrorism that armed Muslim groups have committed. In an interview with the UP Forum, UP Institute of Islamic Studies Dean Julkipli Wadi called these acts "condemnable in the highest order." As with any other crime committed by anyone, these "should neither be condoned nor tolerated" and do not have any place in a civilized society.

From the past to the present Why and how did the prejudice and stigmatization even begin?

“The negative image of the Filipino Muslim has been etched into the vast majority's psyche since the colonial days,” said Wadi. “It was the Spanish colonial imposition that started the stereotype,” Sapitula explained. While Luzon and Visayas have been Christianized, Mindanao was not. Muslims

and Moros were deemed the enemies and seen as one and the same.

The placement of Muslims and Moros as the opposite of Christians became even more pronounced with the American colonization of the Philippines. They were deemed uncivilized and needed to be "tamed."

A Bureau of Non-Christian Peoples existed to handle them as well as the Cordillerans in the North, according to Sapitula. Christian Filipinos became the epitome of civility and were seen by the Americans as "most amenable to their colonial project."

Because of colonization, Luzon and Visayas culture evolved while the Philippine South was able to retain its way of life. There were vast differences in culture which spawned misinformation, misunderstanding, and negative stereotypes.

With the formal departure of the colonial powers, the responsibility to fix the gap was left to Filipinos. And the gap is still as wide, if not wider than before.

"We have not found a solution, a way to understand these differences in historical experience, in culture. We have not built enough effective bridges to challenge centuries-old misplaced opinions," said Sapitula.

As an example, he cited a survey conducted by the Human Development Network in 2005 which asked Metro Manila respondents if they would consider having a Muslim for a neighbor. More than 50 percent said "No." Sapitula also mentioned the phenomenon of Christian overseas Filipino workers who return as Muslims from Islamic countries. It becomes a cause of family crisis because the Christian family members do not understand the Muslim convert. These converts are usually not able to shift their families' views of Muslims from negative to positive.

In fact, these converts now belong to the group of people their families do not trust. Distance grows, with the convert no longer part of the family's "us" but part of "them."

"Philippine Muslim history is currently in the making, involving the redefining of Moro relation with the Philippine majority Filipino State," said Wadi. Because of this, there is much “othering” as seen in "claim and counter-claim of identity and history among Filipinos and Moros." The social stigma against Muslims and Moros have been reinforced by the increasing "Islamophobia" in other countries, gaining resonance in the Philippines through traditional and new media.

Because the peace process has become more "intractable" and "a political resolution hardly comes with the so-called Mindanao conflict being dragged indefinitely," Wadi lamented that Philippine media are finding more reason to hype often subjective and insignificant issues related to Islam, Muslims, and the Bangsamoro while legitimate issues "are easily pigeonholed in dominant social stigma undressing them of their truth and social meaning." There is no attempt to understand the broader context of their struggle and challenges. "Except for very few progressive journalists and academics that do not toe the line of State power, business interest, and ecclesiastical position, Philippine media heightens [rather] than alleviates the social stigma on Muslims in the Philippines."

Coping mechanisms According to Wadi, while the majority of Filipino Muslims have grown accustomed to the stigmatization, they still undertake initiatives to foster understanding and promote a positive image. There are interfaith groups as well as centers of Balik-Islam or Christians who have continued on page 3

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 3 Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Right: Prof. Manuel Sapitula of the UP Department of Sociology. Left: UP Institute of Islamic Studies Dean Julkipli Wadi.

Cover photo: Doves of peace being released during the Quezon City Police District Interfaith Rally held at the Quezon Memorial Circle, February 6, 2015 , taken from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/.media/ photos.

The Filipino Muslim: Living with Prejudice, Yearning for Peace... continued from page 2 become Muslims that promote Islam. He said that many Muslims join social, professional and civic organizations to promote social-economic development and social values of multiculturalism.

“Because stigmatization is a social phenomenon, it must be dealt with at the social level,” explained Sapitula. A stigmatized individual must seek likeminded people for support, a safe haven where no judgment is made. Groups like the ones mentioned by Wadi are important because they represent causes and contribute to the discussion and addressing of issues at the social level.

“Philippine Muslims should seek more ways of empowering themselves through dynamic and progressive education, critical mindedness, self and community development, and so on,” said Wadi.

BBL and Mamasapano The draft Bangsamoro Basic Law (BBL), resulting from peace negotiations between the Philippine government and the Moro Islamic Liberation Front (MILF) was being discussed in Congress when the Mamasapano tragedy happened on January 25. Until then, government hopes were high for its passage into law.

The Mamasapano encounter, according to Wadi, has worsened the stigma toward Filipino Muslims particularly those in Moro areas. Major media networks focused more on the Fallen 44 and the agony of their families and remained oblivious to the civilians and MILF forces who died. Unfortunately, many politicians "rode on public perception and diverted people’s attention to developing critical position against the peace process and the BBL." Even before the tragedy, however, Wadi pointed out that there was strong opposition to the peace process and the BBL. What was conceived to be a comprehensive, inclusive, and multiparticipatory peace process became focused on the MILF, ignoring the Moro National Liberation Front (MNLF), with which it has a 1996 Peace Agreement, as well as the sentiments of the indigenous people or Lumad in mainland Mindanao.

While opposition to the BBL became more pronounced after the Mamasapano encounter, the draft measure was already problematic to begin with as there were "strategic flaws in the conduct of the peace process," Wadi concluded. Despite these problems, he still expressed the belief that the country needs the BBL. For Sapitula, what happened after the Mamasapano debacle was the erosion of trust in the government and trust in the MILF as the other legitimate party in the peace process. Whatever prejudice non-Muslims held against Muslims and Moros blew out of proportion with calls for violence, all-out war, and extermination.

“It is sad,” he said, “that people could think of fellow human beings as less human and can therefore be killed like pests.” But from a sociological perspective, the outbursts were not surprising and revealed the latent prejudice that exists in many non-Muslim Filipinos. It is also easy for these people to call for war because of their distance from Mindanao. Whatever happens there will not affect them and whoever is affected can be easily dismissed.

Moving forward Mindanao voices calling for peace are not loud enough, it seems. “They continue to be drowned out by voices of people who are not even in Mindanao,” Sapitula said. Wadi, on the other hand, said that majority of non-Muslim Filipinos are not ready to accept "the Moros' readiness to embrace peace and willingness to live harmoniously [with them]." Fear, suspicion, and mistrust still prevail.

He added that there has to be a realization that the country is faced with an increasing and serious problem and to address this problem, national leaders must emerge in both Filipino and Moro communities that have comprehensive understanding, vision, and competence in running the country.

"Unfortunately, they could not come from the present craft of traditional politicians."

These new breed of leaders must have been "honed by sheer desire to heal the nation, those whose hearts are with the oppressed and the poor, those who are selfless in doing public service and are not after praise or wealth." Wadi added that they must be supported by equally patriotic, peace-loving, and competent mass sectors that are willing to chart just and lasting peace throughout the country.

It will take generations to undo the prejudice against Muslims and Moros that has been in play for centuries. “It should begin with the young today, so they may carry it over to succeeding generations,” Sapitula said. Our knowledge about Mindanao and its peoples is not nuanced. "We need to understand Mindanao, Moros, Islam—Mindanao as homeland, Moro as a culture and way of life, Islam as a religion." Monocultural thinking and assimilationist views are hindrances to genuine peace. He emphasized the need to accept and not just tolerate differences and provide room for legitimate diversity.

Latent prejudice must be addressed because if it is not, it will continue to explode every time there is a trigger. What is serious about the latent prejudice that was manifested by non-Muslim Filipinos following the Mamasapano encounter is that war was still an option, that in the discourse of many Filipinos, killing was still an acceptable form of resolving conflict. Sapitula said that "if prejudice is left unchallenged, it will persist."

-------------------Email the author at forum@upd.edu.ph.

4 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Healing the Wounds of Mamasapano... continued from page 4

Celeste Ann L. Castillo The armed conflict continues to this day. Just this February, nearly 15,000 people had to flee their homes yet again when sporadic gunfights broke out between members of the Bangsamoro Islamic Freedom Fighters (BIFF), the MNLF and the MILF in the boundary of Maguindanao and North Cotabato. Days later, government troops launched an offensive against the BIFF gunmen, resulting in the deaths of soldiers, MILF and BIFF members, and an unknown number of civilians.2 A month before that, in Barangay Tukanalipao, Mamasapano in Maguindanao, a police operation intended to eliminate a wanted terrorist went terribly wrong, resulting in the deaths of 44 members of the Philippine National Police Special Action Force, 18 members of the MILF, five of the BIFFs and several civilians, sending a shockwave of horror and anger reverberating throughout the nation.

War by the numbers Armed conflict has been a scourge in Mindanao for too long. A February 25, 2015 ANC The World Tonight special report pegged the financial cost of four decades of armed struggle in Mindanao, in terms of lost business and investment opportunities and widespread damage to property and infrastructure, at over P700 billion, with the government spending an estimated P3 billion yearly to pay for the war.

The cost of war in terms of human lives, however, is immeasurable. Over 150,000 soldiers, policemen, rebels and civilians have died in the conflict since 1972. The Switzerland-based Internal Displacement Monitoring Centre estimates that since 2000, over four million people have been displaced in Mindanao due to a combination of armed conflict, crime and violence, and clan violence,3 resulting in generations of children who have grown up in an environment of violence, instability,

helplessness, division and a neverending quest for revenge that keeps them locked in a vicious cycle of war, poverty and death.

If we are to have peace in Mindanao, this is not the way to go. The Bangsamoro Basic Law (BBL), which would establish the Bangsamoro political entity to replace the ARMM, was meant to be our best shot for peace in the region, but the January 2015 events at Mamasapano have since turned the tide of opinion against the law, both among lawmakers and the public.

So with or without the BBL, what can we do to return to peace?

Multigenerational trauma In a war, the first to suffer are the people directly affected by the fighting—the communities themselves.

“Especially, if the community is tagged as sympathetic to the rebels,” said Dr. June Caridad Pagaduan-Lopez, professor at the UP College of Medicine Department of Psychiatry and a member of the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The fact that no one had taken responsibility for the events only worsened matters. The lack of accountability and clear and sufficient information surrounding the operation in Mamasapano only made the trauma worse. “[With accountability and information], you get to stop the speculations, and you get to stop the prejudices that arise from it,” Lopez said. “The prejudices are already deep-seated, and this [event] is coming out as a prime example for both sides that they cannot trust each other. [There must be a clear explanation] so that you do not fuel all the negative perceptions, which will lead to even more conflict.”

The trauma of armed conflict is not just isolated to the communities. The combatants suffer trauma as well. In the Mamasapano incident, the slain

SAF 44 and their families were given a great amount of air-time and attention, as they should. But Lopez urges us to “remember also that on the side of the MILF, there were families who were left by those who were killed.”

The trauma of the armed conflict extends even further. “From an outsider’s perspective, we can say that because of the long years of conflict in Mindanao, the people are beset with multigenerational trauma. The said trauma is also a source of mistrust among people,” said Joy Lascano, deputy executive director of the Balay Rehabilitation Center, Inc., a non-governmental organization that works for the psychosocial relief and rehabilitation of survivors of human rights violations. “If the prejudices and biases continue and we as a nation spread the hate to the next generation, a multigenerational trauma manifested in the form of anger, fear of other religions and hatred is possible.”

This pervasive, multigenerational trauma, triggered and intensified by the Mamasapano incident, has serious repercussions on the peace process and the fate of the BBL. Imam Ebra Moxsir, president of the Imam Council of the Philippines and a chaplain of the PNP, recalls how Muslims in Mindanao greeted the signing of the Comprehensive Agreement on the Bangsamoro (CAB) in March 2014 with hope.

“There was a small group that had some disagreements [with the CAB], but majority welcomed the signing of the CAB. Our brother Muslims in Mindanao rejoiced. This was to be the end of the fighting, a new hope, for all the sectors—professional, academe or religious, and all the other sectors of our brother Muslims, as well as the lumads and non-Muslims living in Mindanao, especially in the provinces where the majority is Muslim,” Imam Moxsir said. “And it is truly sad that, just when we were so close [to the passage of the BBL], this happened. Because of the Mamasapano incident, there are new wounds and new sources of conflict between Christians and Muslims.

“And the sadder thing is,” he added, “the people of Mindanao, especially those living in what would be the future political entity of Bangsamoro, are not the ones clamoring for an end to

peace. They have not lost hope in the CAB. What’s sad is that these calls [for all-out war] come from here [in Metro Manila]. The people of Mindanao will not easily issue calls for all-out war, because it has been tried before and it has not proven to be the solution.”

Us vs Them In the storm of commentary following the Mamasapano incident, it became evident how easily we succumbed to the tendency to break down complex issues such as armed conflict in Mindanao into “us vs them” narratives. Many Filipinos found themselves participating in prejudice, rash judgments and expressions of hate, often abetted by statements from the media.

Hardly a recipe for promoting peace and inclusivity. But still, in a sense, perfectly normal.

“As a social psychologist, one can look at this [from the] theoretical perspective of social identity,” said Dr. Ma. Cecilia Gastardo-Conaco of the UP Diliman Department of Psychology. She explains that in the notion of social identity, our minds actually categorize people into groups, and we internalize our identity in individual groups. This system of compartmentalizing is a cognitive strategy to make processing a very complex world much easier and to prevent us from being overwhelmed by information. continued on page 5

Photos from left to right: Dr. Ma. Cecilia Gastardo-Conaco of the UP Department of Psychology; deputy executive director of the Balay Rehabilitation Center, Inc. Joy Lascano; Dr. June Caridad Pagaduan-Lopez of the UP College of Medicine Department of Psychiatry; and Ebra Moxsir, president of the Imam Council of the Philippines and a chaplain of the PNP.

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 5 Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Healing the Wounds of Mamasapano... continued from page 4

“This leads to very interesting psychological effects in terms of how we see the members of the out-group and how we see the members of the in-group. And usually one impact of the relationship of this ingroup-out-group view is that it has conflict potential,” Conaco continued. “You tend to see your own group more positively and the other group more negatively.”

In the wake of the Mamasapano incident, many Filipinos considered the SAF 44 as part of the in-group and so justifiably felt anger and horror at their deaths.

“Everyone has a right to be aggrieved. On the other hand, think about the other side,” said Conaco. “I’m sure there were Muslim women who felt, ‘ah, how terrible, we were raided so early in the morning and now my husband is dead.’ But we do not see that, because what is salient to us is the feeling and affect of the in-group, and that is what is being fueled by the in-group media.”

The trouble comes when almost all external stimuli around you is geared toward reinforcing this categorical thinking, which the mind offers as further “proof” that the unquestioned notions and unprocessed generalities you hold of an entire group of people are true. These “proofs” are then expressed again, usually by the members of the in-group, and they become more external “proof” and create a closed-off loop of stereotypical thinking that emphasizes differences instead of commonalities, exclusion instead of inclusion. The result?

Conflict instead of cooperation.

For Conaco, the media present a clear example of this. “When you look at a newspaper, writers there say, ‘A Muslim terrorist…’ Can’t we just say a terrorist is a terrorist without saying he’s Muslim or Christian? And when the criminal is a Christian, the newspapers don’t say, ‘A Christian robber.’ But when it’s the out-group concerned, you underscore the difference. What you’re actually doing is underlining the between-group differences, underlining the categories that exist. Media tend to reinforce that, I think. And with the Mamasapano incident, it seems that it has reinforced a lot of paranoia.”

This constant rehashing of group differences has been done for so long it has become a habit. For the media, focusing on conflict, violence and negative events may help sell papers or boost ratings, but it ultimately reinforces the categorical, “us vs them” habit of thinking.

“How can you recover [from the trauma of an incident like Mamasapano] when every day you hear the same thing on the radio, when you open the newspaper, and when you check the Internet? It’s always

perpetually refreshed. If this was a wound, how would it ever heal if you keep poking at it?” Conaco pointed out. “I think it’s irresponsible and unethical to do that. It’s tearing the nation apart even more.”

For Lopez, the root cause of our tendency to focus on in-group/out-group differences and dehumanize people or discount their lives by calling for war as a kind of panacea is not a lack of compassion.

“It’s mindlessness,” she said. “We don’t think enough. We don’t reflect enough. And we don’t appreciate the mind enough—how it dictates every action you make, and how the minds of our people are the most important, most precious elements of this society.”

Sheer mindlessness—a lack of self-awareness and recognition of how our behavior, language, thoughts and choices impact one another and create our environment—is what allows us to stay inside the loop of in-group thinking and continue to regard the members of the out-group as a faceless mass instead of as individuals.

“I call it mindlessness, because that’s what we are even in ordinary ways,” said Lopez. “Filipinos can be mindless about throwing trash, mindless about paying our taxes correctly, mindless about going about their jobs. Post-Mamasapano is not a military issue. It’s not a police issue. It’s a psychosocial issue.”

Healing the community To help the people of Tukanalipao, Mamasapano recover from the trauma, establishing safety is the top priority. “When I say safety it’s not only physical safety for everyone. You have to give them a sense of psychological safety as well,” said Lopez. “Has there been an effort to talk to the community? [We have] to get them to air their sentiments, make them feel that they were heard and that whatever they feel, they will be safe? That first of all, they will not be judged, but most of all, they will be free of retaliation, that they are free to speak their minds.”

Establishing “spaces of peace” where members of the communities—Muslim, Christian or lumad—can rebuild their lives, process their experiences, and hold dialogues with one another to foster greater understanding has produced results before. From 2002 to 2004, Lopez introduced a program in Pikit—dubbed Balik-Kalipay or Return to Happiness—as the first programmatic attempt to provide training in

psychosocial healing in a systematic and sustained manner.

The Balay Rehabilitation Centre has also established a space of peace in Pikit, consisting of seven villages, as well as projects that include establishing child-friendly spaces for psychosocial activities, peace camps, counseling and life-skills training, peace advocacy, the promotion of natural farming and cooperatives as livelihood sources.

“Most communities are engaged in peace-building efforts, including the cessation of hostilities. Of course, this intervention started from an outsider who once believed that to end the conflict, one must sow peace,” said Lascano. “As a result of the early interventions there were a number of areas where peace zones are declared and peace efforts were initiated. Later, the interventions include strengthening and building the resilience of the people and the community. These programs, we can say, sowed hope among the people as they have learned to work and live with other people with diverse cultures, ethnicities and religion. This proves,” she added, “that peace-building is healing in itself.”

Selling the BBL “The advent of the consciousness of the Mindanawans to Right to SelfDetermination,” Lascano continued, “has also brought hope to the people.

There is no prescription or step-by-step process for communities in dealing with hopelessness, but educating the people of what [they can do] is essential to give them hope.”

This was the spirit in which the BBL was drafted—to provide the Bangsamoro people a political space that would secure their identity and posterity and allow for meaningful self-governance.

“If you’re looking at it from [the perspective of] realistic conflict, maybe the solution is to do something about what they are fighting over,” said Conaco. “The other thing is to move toward what they call superordinate solutions, where the groups can work together to achieve something. In fact, I think this is one of the elements of the new BBL. The idea is that we can all move together towards economic productivity. We cannot be in perpetual conflict.”

The problem, however, is that this idea has to be sold to its audience.

“People should be made aware, for example, of what the provisions are of the BBL. Also, there should be a clearer continued on page 6

6 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

The Plight of the “Bakwit The story of evacuees in Central M of the Mamasapano Incident Khalil Ismael Michael Gomez Quilinguing

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ince I was a child, my family has been in this situation. We flee, return home and rebuild our lives.

Then we evacuate again; it is never ending.” These were the words of Bai Zahara Alim when she was interviewed by journalist Ferdinand Cabrera for Davao City-based media cooperative Mindanews.1 Alim and her family were bakwits or among those who had to evacuate their homes in ShariffSaydona, Maguindanao after operations against members of the Bangsamoro Islamic Freedom Fighters (BIFF) were launched by the armed forces and the Moro Islamic Liberation Front (MILF).

A corruption of the English word ‘evacuate,’ the term bakwit refers to individuals displaced in areas frequently affected by conflict, in this case, Central Mindanao.

In this recent evacuation, Alim and her neighbors would be affected by military offensives against the BIFF. The operations were launched in the aftermath of the Mamasapano incident, where 44 police Special Action Force (SAF) died in an attempt to capture two wanted terrorists.

On January 25 this year, SAF commandos raided in Mamasapano, Maguindanao, what was believed to be a hideout of Malaysian terrorist Zulkifli Abdhir, more widely known as Marwan, and his Filipino protégé Abdul Ahmad Akmad Usman, better known as Basit Usman. While Marwan was later confirmed to have been killed in the operation, the national police anti-terror unit suffered its heaviest losses in a single day in its 32-year history.

The operation against Marwan and Usman could not have happened at a more inopportune time. The Government of the Republic of the Philippines (GRP) and the MILF were in the middle of a massive nationwide information campaign aimed at disseminating information on the Bangsamoro Basic Law (BBL). The organic act would seal the peace agreement ending almost four decades of conflict between the government and Muslim separatists.

A product of years of on-and-off negotiations, the BBL would be the culmination of the renewed commitment to peace between the Aquino administration and the MILF leadership which culminated in the signing of the Comprehensive Agreement on the Bangsamoro on March 2014.2 But all the carefully planned steps towards lasting peace in several areas in Mindanao were put to the test by the Mamasapano incident. In the days immediately following the death of the SAF commandos, the national political leadership, the top brass of the military and the police, the media and Filipinos online and offline question the wisdom of the peace agreement, with the BBL hanging in the balance.

While debates on the BBL, the peace process between the government and the MILF and the Mamasapano operation raged in the halls of power and online, what was hardly discussed in the Senate and the House or Representatives was the impact of the incident to the local population of Maguindanao and surrounding provinces.

In the days following the raid, non-government organizations (NGOs) and the Department of Social Welfare and Development (DSWD) noted the evacuation of several families living near the area of the incident.

On February 5, 2015, the International Organization for Migration (IOM) noted clashes between the MILF and the BIFF, as well as another clash on February 15. The firefights between the BIFF and the MILF resulted in the displacement of several residents and families in Buliok, Kalbugan, Bagoinged in Pagalungan, Maguindanao.3 According to the IOM, as many as 11,384 families or 58,742 individuals were displaced by the conflict in Maguindanao and the flooding in nearby North Cotabato between January 23 to February 17, 2015.

Image adapted from a photo by Ruby Thursday, MindaNews, http://www.mindanews.com/photos/bakwit-7/

Healing the Wounds of Mamasapano... continued from page 5 appreciation of the process [of drafting it went through],” said Conaco.

Imam Moxsir agrees. “To be honest, the information dissemination and educational campaign for the BBL is insufficient. What is the substance of the BBL? What are its contents? Sometimes people interpret the law, but the interpretations are flawed. We need to increase the information and education campaign, and we need to explain that the BBL is the key to peace in Mindanao.”

As in any good marketing pitch, to sell a product—in this case, the BBL— the alternatives must be presented and shown as unfavorable. “And what is the alternative to the peace package?

It’s war. And obviously, that is no decent alternative to peace,” said Conaco.

Moving boundaries If peace is to have a chance, then it is up to us to give it that chance—to make spaces of peace, understanding and inclusivity where we are, beginning with our minds.

For instance, there are ways to subvert the human tendency toward categorical thinking. One way is to get to know the members of the out-group on an individual basis, to form relationships with them, and to learn to see them as people, just like you, “so you’re more aware of the individual rather than a lumped, totalized, faceless whole,” said Conaco.

Another way is to move the boundaries of our mental categories and divisions outward. “Why within the

Philippines do we have the Muslims, the Christians, the IPs—all separate groups? We can go higher in our processing and think, we are all Filipinos so we are all under the big category of Filipino. And that category is inclusive.” In this, the education system can help much by emphasizing what it means to be Filipino. The media also has an important role to play as the other major socializer of society, along with the government. “[These three] shape your cognitions about the Filipino in-group. They can shape our emotions,” Conaco pointed out.

If one is to work toward peace, then understanding is critical. “We have to understand the context of Mindanao, including its history that is not written in the formal history book, analyze and confront the situation and players, educate and enhance the capacity of

the Mindanawan tri-people, and let the people decide for themselves,” said Lascano. “Dialogues and open discussions should be encouraged. If we do not know enough, better not to say anything. We cannot say that we know Mindanao and Mindanawan and the issues surrounding them unless we have been living and working with them, unless we are open to better understand them and use their own lens rather than ours.”

The power of religion to draw people together and spark dialogue is unparalleled, and for Imam Moxsir, interfaith dialogue among Muslims and Christians is necessary. “We need to open up the interreligious discourse. The political is just one aspect [of this situation], but from our perspective, this is also a spiritual [issue]. The solution here is dialogue on both sides so that we come continued on page 7

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 7

ts” indanao in the aftermath

By March 2, the number of evacuees or bakwits was already 8,130 families or 30,130 individuals.

While the earlier report by the IOM was significantly higher, the figure released by the regional relief arm Autonomous Region in Muslim MindanaoHumanitarian Emergency Action and Response Team (ARMM-HEART) is solely based on those affected by the conflict.4 The earlier figure had included individuals also affected by the floods in North Cotabato.

As a result of the displacement of the communities, GMA News Online reported that local legislators had even gone to the extent of calling for the declaration of a state of emergency in the province of Maguindanao. Aside from affecting the communities in the areas where the military operations were raging, the displacement of individuals also affected schools in the area, as these were used as evacuation centers.

The intense fighting between the AFP and the MILF on one hand and the BIFF on the other would result inthe increase in the number of bakwits to as many as 20,247 families or 99,262 individuals by March 15. The National Disaster and Risk Reduction and Management Council (NDRRMC) noted that these evacuees came from 14 towns affected by the conflict and a rido or feud between families.5 As a result of the evacuations, the NDRMMC also noted that as many as 48 public elementary and high schools in Central Mindanao were affected by the displacement of communities. This has also resulted in the disruption of classes for 20,632 students and 301 teachers.6 On March 15, 2015 combined elements of the military and the police arrestedMohamad Ali Tambako in Barangay Calumpang, General Santos City, prompting AFP public affairs chief Lt. Col. Harold Cabunoc to tell the media in a press briefing that operations in Central Mindanao were nearing their end.7 Cabunoc also added that as a result of the military offensives in Central Mindanao, 117 rebels had been killed, while 53 had been wounded. Forty-seven of the fatalities have been identified by authorities and their relatives.

While Cabunoc’s pronouncements should have been a signal for bakwits to return to their homes and their communities, it was only a month later when government agencies and non-government organizations noted a significant reduction in the number of displaced families and individuals.

Healing the Wounds of Mamasapano... continued from page 6 to a mutual understanding and a spirit of cooperation, so that we understand that each religion desires peace.”

He also recommends returning to the basics of our respective religious beliefs, given that each belief system has peace in its core. “It is written in the Holy Quran that if you kill just one human life, especially an innocent life, it is as if you have killed the whole world. And if you save just one life, then it is as if you have saved the whole world. Let mutual cooperation and understanding take hold. Let us not judge, or make interpretations. We have to know and understand first.”

Ultimately, the key to peace is not just through laws or blame-casting. It is through everyday mindfulness—“being in the here and now, in the present,

According to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), about 60percent of the evacuees displaced by the conflict in Central Mindanao returned to their homes towards the end of April. From a peak of over 130,000 bakwits, only 43,900 remained in 32 evacuation centers in Maguindanao by April 24, 2015.8 In the OCHA report, ARMM-HEART also noted that while many of the bakwits had returned to their homes and communities, many fear that they might have to pack up their belongings again as the security situation still remained volatile.

Despite these apprehensions, government aid agencies as well as NGOs continued giving the bakwitssupport by providing them food packs, water, sanitation and hygiene implements, as well as health services. Psychosocial aid and programs, as well as educational assistance were also provided to the evacuees.9 About a month after the bakwits started returning to their homes, and two months after the military announced the conclusion of the offensive, ARMMHEART reported on May 25, 2015 that 84,980 of the evacuees affected by the conflict in Maguindanao had returned to their homes and communities, leaving 40,355 individuals still in the camps.10 Despite the significant decrease in the number of bakwits and affected communities, the regional aid organization documented that there were still 30 evacuation centers operating as a result of the conflict between government forces, the MILF and the BIFF. These centers are spread among the five remaining affected municipalities.

ARMM-HEART also noted that despite assurances by the military and government officials of the restoration of peace in their municipalities, some of the bakwitshaddecided to remain in the camps for fear that violence might again erupt in their communities.

And while there was continuing psychosocial aid and education for the affected individuals, assistance can only go as far as to give them a semblance of hope and life in the camps.

Half a year since the pyrrhic raid which set off the violent chain of events in Maguindanao, the bakwits are still reeling from the political, social and emotional effects of the events which followed the incident, while political leaders and ordinary citizens in

and facing what you have to face in a thoughtful, reflective way,” said Lopez.

This means being aware of and empathetic toward people’s feelings and emotions and personal contexts—of knowing that each individual needs to be listened to and to be shown kindness. This goes for everyone, from the community members, to the families of the slain combatants, to disaster relief workers, to office employees, to jeepney drivers, to social media commenters, to the people on the street. “[We have to] go back to the minds of people. Be mindful of the mindsets of people. What mindset did the Mamasapano incident leave us in the way we see peace, in the way we see war, in the way we see Muslims and Christians?

What is of help to us, and what is hurt-

faraway Manila still debate over the ultimate responsibility for the death of the SAF commandos.

Much has been said by political leaders, the military, the academe, the media and ordinary Filipinos far from the areas of conflict, on the impact of the Mamasapano incident on how the BBL and the peace agreement between the government and the MILF will now be viewed. Very few, however, even mention the Filipinos displaced by the conflict which resulted from the botched operation. Still fewer speak of the plight of the bakwits who still cannot go back to their homes for fear of renewed conflict—fears born of the violence brought back to their towns by the raid on that fateful day in January.

-------------------Email the author at forum@up.edu.ph NOTES:

1 Cabrera, F. (2015, March 2). Evacuees in Mindanao bewail hardships caused by displacement. Mindanews. Retrieved from http://www.mindanews.com/top-stories/2015/03/02/evacuees-inmaguindanao-bewail-hardships-caused-by-displacement/ 2 Sabillo, K. (2014, March 26). What is the omprehensive Agreement on the Bangsamoro. Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/589245/what-is-the-comprehensiveagreement-on-the-bangsamoro 3 International Organization for Migration (IOM) Philippines. (2015, February 19). Situation Report No.3. IOM Philippines – Response to displacement due to conflict and natural disaster in Mindanao.

Retrieved from https://www.iom.int/files/live/sites/iom/files/ Country/docs/Sitrep-Mindanao-3-19Feb-2015.pdf 4 Cabrera, F. (2015, March 2). Maguindanao to declare state of calamity as military offensives vs. BIFF intensifies. GMA News Online. Retrieved from http://www.gmanetwork.com/news/ story/445421/news/regions/maguindanao-to-declare-state-ofcalamity-as-military-offensive-vs-biff-intensifies 5 Locsin, J.(2015, March 15). Fighting in Maguindanao has displaced close to 100k people, NDRRMC says. GMA News Online.

Retrieved from http://www.gmanetwork.com/news/story/452893/ news/regions/fighting-in-maguindanao-has-displaced-close-to100k-people-ndrrmc-says 6 Ibid.

7 Fernandez, A. (2015, March 17). AFP: All-out offensive vs. BIFF nearing end; 117 rebels killed. GMA News Online. Retrieved from http://www.gmanetwork.com/news/story/453949/news/regions/ afp-all-out-offensive-vs-biff-nearing-end-117-rebels-killed 8 Office for the Coordination of Humanitarian Affairs (OCHA). (2015, April 1-30). Humanitarian Bulletin: Philippines. Issue 4. Retrieved from http://reliefweb.int/sites/reliefweb.int/files/resources/ OCHAPhilippines%20Humanitarian%20Bulletin%20No4%20 %28April%202015%29%20FINAL.pdf 9 Ibid.

10 Bureau of Public Information.(2015, May 25). About 85,000 IDPs return home in Maguindanao: Autonomous Region in Muslim Mindanao. Retrieved from http://www.armm-info.com/2015/05/ about-85000-idps-return-home-in-maguindanao.html

ful to us? And we must sensitize our people about war. Media will not be the proper source. It makes us aware, but it is not the source of right thinking.”

“We have to do the work,” said Conaco. “And there’s a lot of work…

But the big thing really is we must give peace a chance. [Because] what is the alternative, really? It’s all we have.”

-------------------Email the author at forum@upd.edu.ph.

NOTES: 1 Schiavo-Campo, Salvatore, and Judd, Mary.

(2005, February). The Mindanao conflict in the Philippines: Roots, costs, and potential peace dividend. Social Development Papers, Conflict Prevention and Reconstruction, Paper No. 24. Washington: The World Bank Social Development Department. Retrieved from http://wwwwds.worldbank.org/external/default/ WDSContentServer/WDSP/IB/2005/03/28 /000011823_20050328152733/Rendered/ PDF/31822.pdf 2 See the following:

Fernandez, Edwin. (2015, February 17.)

15,000 flee from MILF, BIFF fighting in North Cotabato, Maguindanao. Inquirer. net. Retrieved from http://newsinfo. inquirer.net/673519/15000-flee-frommilf-biff-fighting-in-north-cotabatomaguindanao#ixzz3g2ScgOF4 Maitem, Jeoffrey and Manlupig, Karlos. (2015, February 18). BIFF rebels torch MNLF homes in Pikit, North Cotabato. Inquirer. net. Retrieved from http://newsinfo.inquirer. net/673661/biff-rebels-torch-mnlf-homes-inpikit-north-cotabato#ixzz3g2SqBQrb Inquirer.net. (2015, February 22). Military launches offensive vs BIFF. Retrieved from http://newsinfo.inquirer.net/674368/militarystarts-assault-vs-biff-in-maguindanao-northcotabato Balana, Cynthia D. and Manlupic, Karlos.

(2015, February 26). AFP launches allout offensive against BIFF. Inquirer.net.

Retrieved from http://newsinfo.inquirer. net/675424/afp-launches-all-out-offensiveagainst-biff 3 Internal Displacement Monitoring Centre. (n.d.). Philippines IDP figures analysis.

Retrieved from http://www.internaldisplacement.org/south-and-south-eastasia/philippines/figures-analysis

8 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Be on the Right Side of History! ...continued from page 1

(Note: This is the sponsorship speech for HB 5811 delivered by Rep. Rodriguez at the Plenary Hall of the House of Representatives on June 1, 2015.)

Rep. Rufus B. Rodriguez Chairperson, Ad Hoc Committee on the Bangsamoro Basic Law 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO” This measure took years in the making, paid for by the blood and tears of our people. This measure has brought to the fore the need to address the issues that have stunted the otherwise robust growth of Mindanao.

Mindanao is the second largest island of the Philippines and home to 24 percent of the Filipino population. This represents at least 18 million people of highly diverse ethnicities, cultures and ways of life. The people of Mindanao are basically divided into three groups, the Moro, the Lumad and the Christian settlers.

The national government has ignored Mindanao and marginalized its indigenous and Muslim populations. Education, services and opportunities for Mindanao’s distinct populations have been consistently inadequate over time.

This is why there is conflict.

In a paper titled, The Mindanao Conflict in the Philippines: Roots, Costs, and Potential Peace Dividend written by Salvatore Schiavo-Campo and Mary Judd Long (Social Development Paper, The World Bank: February, 2005), the authors mentioned that the Mindanao conflict is the second oldest on earth, after the conflict between North and South Sudan.

The long history of the conflict can be summarized as follows: “Before the arrival of the Spaniards in the 16th century, Mindanao has already been in contact with Muslim traders from Indonesia and Malaysia long before the Spaniards which resulted in the conversion to Islam of the inhabitants, and the formation of the Muslim Sultanates of Maguindanao and Sulu, among others. When the Spaniards arrived, Luzon and most of the Visayas were subdued and converted to Catholicism, but they never succeeded in Mindanao. When the Americans came, Mindanao was brought under control of the national government after the end of the Philippine-American War.” Despite this, hostility and conflict have remained endemic until today. According to the same paper, the Philippines was comparatively calm for a period after it was granted independence in 1946, but conflict flared up again in the late 1960’s as growing numbers of Christians settled in Mindanao. Settlers arrived particularly from Central Luzon and Panay Island in the Visayas. The resettlement was fostered by a deliberate policy of the central government in Manila and eventually resulted in Mindanao having a Christian majority overall, with Muslim-majority areas concentrated in the central and southwestern regions.

Overall, although religious differences have partly shaped it, the roots of the conflict have been the clash of interests in land and other natural resources, and

the identity issues emerging from the de facto second-class status of much of the Moro population. Complicating the picture is the fact that indigenous peoples have historically been pushed aside and displaced from the lowlands to the highlands.

Starting from the administration of President Ferdinand Marcos, the government has made several attempts to forge a negotiated peace settlement with the Moro rebels, realizing that a purely military solution to the problem was not the answer.

The 1976 Tripoli Agreement with the Moro National Liberation Front (MNLF) provided for the immediate cessation of armed hostilities between the two parties and established the framework for an autonomous region for the Muslims in Mindanao. President Corazon Aquino fulfilled the provisions of the Tripoli Agreement on the condition that it should follow the Constitutional process of holding a plebiscite to determine which among the provinces specified in the Tripoli Agreement would opt to become part of the autonomous region.

President Fidel Ramos continued the peace initiative which resulted in the signing of a peace accord with the MNLF under Nur Misuari.

Under President Joseph Estrada’s administration, the threat no longer emanated from the MNLF because many MNLF officials had joined government or were elected local government officials with tacit support from the central administration. The new challenge emanated from the Moro Islamic Liberation Front (MILF), a breakaway group from the MNLF. President Estrada declared an “all-out war policy” and mobilized a large military contingent to capture several MILF camps, including its main headquarters in Camp Abubakar.

The administration of President Gloria Macapagal-Arroyo initially declared an “all-out-peace” policy with the MILF but was forced to temporarily abandon it when the military launched another assault on MILF-controlled territories in pursuit of “criminal elements” operating there. But peace was again restored when the MILF under Chairman Murad Ebrahim forged a ceasefire agreement with the government.”

Under the leadership of President Benigno S. Aquino III, peace talks continued with MILF chair Murad "Al Haj" Ebrahim and the President,who even had an unprecedented meeting in Japan where both agreed to expedite the peace process. The Framework Agreement on the Bangsamoro was eventually signed, followed by the Comprehensive Agreement on the Bangsamoro (CAB) with President Aquino saying, “I will not let peace be snatched from my people again. Not now when we have already undertaken the most significant steps to achieve it.” And finally, the proposed

Bangsamoro Basic Law was submitted to both Houses of Congress.

We all know what happened next.

Twenty-four public hearings (conducted in Luzon, Visayas and Mindanao), 19 regular meetings and eight executive sessions, for a total of 51 meetings, were conducted by the Ad Hoc Committee in a span of eight months—from the time it was formally organized on September 16, 2015 up to May 20, 2015.

We invited to these meetings heads of departments and of government agencies, local chief executives (including members of local legislative bodies), deans of various law schools, members of the academe, legal luminaries/experts in constitutional law, non-governmental organizations, civil society organizations and people’s organizations, labor groups

and chambers of commerce. Public consultations were attended by the general public, who were able to voice their opinions and concerns about the bill, and its possible impact on their lives, their families and their communities.

This is the most inclusive and comprehensive consultation for a piece of legislation in the entire history of our nation since the start of the first Philippine Assembly in 1907.

The Ad Hoc Committee has heard all sides of the issue. We have made several amendments to the initial draft, incorporated several proposals from our esteemed colleagues, and on May 18 and 19, voted on each and every section, line-by-line, on the Chairman and Vice Chairperson’s working draft.

On May 18, the Committee had apcontinued on page 22

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 9

A Country without Heroes Is a Country without Soul (Note: This is the sponsorship speech for SB 2894, the substitute bill for the BBL delivered by Sen. Marcos at the Senate on August 12, 2015.)

Sen. Ferdinand “Bongbong” R. Marcos, Jr. Chairman, Senate Committee on Local Government and the Committee on Public Works

W

e stand now at a crossroads of our nation’s history, and are faced with a momentous choice. We can move forward, or we can fall back.

We can descend into war and death, or create peace and prosperous life.

I am sure that we all agree that there is only one clear, resounding choice we can accept: the choice of peace. Peace is the clarion call of our time. Peace is the cry of our people. And so, peace there shall be. Peace in Mindanao, peace throughout our land.

But peace cannot be achieved and cannot be sustained if it is not an inclusive, all-embracing peace. Peace cannot only be for the benefit of Muslims, or Christians, or only for the MILF, or the MNLF, or the BIFF. Peace cannot distinguish between Filipino and Moro,

between Tausug and Maranao, between Lumads and other indigenous peoples.

Peace must embrace all faiths and all peoples. Peace must respect and uplift all cultures and beliefs. Peace is not and cannot be exclusive; it is inclusive.

War and conflict is not an option. It never was, never will be, and never should be. After the tragedy of Mamasapano, the desire for vengeance could seduce even the peace-minded.

And sadly, in our midst even today, there are those who insist that total war against the MILF and other rebellious movements is the real solution.

That is wrong, but understandable.

Who could not feel rage and anguish, after seeing the courageous SAF 44 mercilessly slaughtered by elements of the MILF and BIFF, some even after they were wounded, disarmed, and

helpless, their equipment and even personal effects stripped from them and passed around as war trophies, or sold on the black market to be used later against their own comrades?

That we have not responded with violent revenge is a blessing we owe to the widows and families of our fallen SAF 44, who have displayed courage and a burning desire for peace every bit the equal of their slain loved ones.

In the midst of personal grief and loss we can scarcely imagine, they have shown us the grace of choosing the righteous path. They asked only that justice be served. They choose this path despite their families having been torn apart. They choose this path despite their brave loved ones having been abandoned by their leaders, first in a hopeless battle in which they were outnumbered and outgunned, and many times after, when their government failed— nay, rejected—every opportunity to honor the fallen SAF 44 with the decency, respect, and honor befitting those who have given their lives for our country.

They choose the path of peace.

And so shall we.

Our heroes died for peace, and we honor them because a country without heroes is a country without a soul.

This is why the Basic Law of the Bangsamoro Autonomous Region we have created with great effort and the help of many people is so important. Our heroes are best honored with deeds, not words, and there can be no greater honor than to finish the task for which they gave their lives, because in honoring our heroes, we honor the Philippines, and all its diverse people.

We should not, and we cannot fail them.

I accepted the challenge and made a commitment to correct the many flaws of the original Bangsamoro Basic Law because I believe in peace.

I recognize, as our people do, that this law is necessary to achieve that peace.

But it can only meet that sacred goal if it is a law that is constitutional, a law that is all-embracing, inclusive of all who have been tragically affected by the conflict as well as every Filipino, a law that honors our heroes and what they fought and died for.

And so we proceeded carefully, with respect for the future we are all trying to create for this country. We proceeded by being inclusive, and inviting the consultation of every affected stakeholder. We proceeded according to the laws of our land, and the desire of every Filipino for peace.

We proceeded in this careful,

thoughtful way because unfortunately, our leadership did not. From the very beginning, the Bangsamoro Basic Law and the “comprehensive” agreement from which it was derived were not inclusive.

From secret meetings in hotel rooms, held in faraway places at the sole discretion of the President of the Republic and disregarded the constitutional authority of this very body in deliberating treaties; to the hasty accession to every demand of the MILF by our negotiating team; to the exclusion of all other stakeholders, the conduct of talks and creation of the Bangsamoro Basic Law in its original version only served to raise fears and suspicions. Many of our people have accused these leaders of ‘selling out,’ and putting the peaceful integrity of our republic at grave risk.

Some have even gone so far as to characterize the conduct of these leaders as treasonous.

Many have openly questioned, as do I, why Malaysia was invited to be the facilitator and moderator of these talks. Malaysia, which stubbornly refuses to recognize our rightful claim to Sabah. Malaysia, which has, at least in the recent past, given shelter and aid to separatists and terrorists against the Filipino people. Malaysia is not a disinterested party, whose only goal is to aid the creation of peace. Malaysia’s involvement only raises suspicions about the loyalties of those in the new Bangsamoro region, and raises justifiable fears of the “balkanization” of our land, and the irretrievable loss of our rightful territory in Sabah.

Obviously, I would not have chosen Malaysia to assist us in this all-important endeavor. I suspect many of you would not have done so, either. That, however, cannot be undone now.

But what can be undone, and what we have undone, are the unacceptable and harmful conditions and provisions our President and our negotiating team thoughtlessly accepted in their haste to earn accolades for their work.

Let me be clear: we strive for peace.

We must have peace, and we shall have peace. But we will not have peace at the expense of our sovereignty. We will not have peace by surrendering our land at the behest of the leadership of Malaysia, which, while a respected neighbor and valuable regional partner in many other ways, seeks only to advance its own interests in Mindanao and Sabah at the expense of the people of the Philippines. We cannot have a peace that violates our own supreme law, the Constitution. And we certainly will not have peace if it excludes even one of the many groups who have suffered through the long years of conflict and the poverty it has caused. continued on page 16

10 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Salient Amendments by Congress to the Bangsamoro Basic Law through HB 5811 Jo. Florendo B. Lontoc

O

n September 16, 2014, the House of Representatives (HR) formed an ad hoc committee to conduct hearings on the Bangsamoro Basic Law. Led by Congressman Rufus Rodriguez, the Committe worked on House Bill 4994, the original HR version of the BBL. Rodriguez conducted 24 public hearings in Luzon, Visayas, and Mindanao, and 19 regular meetings and eight executive sessions, or a total of 51 meetings, in a span of eight months from the time the committee was organized up to May 20, 2015, when the committee completed a final draft.

"This is the most inclusive and most comprehensive consultation for a piece of legislation in the entire history of our nation, since the start of the first Philippine Assembly in 1907," Rodriguez said.

On May 20, 2015, with a vote of 50 in favor, 17 against and 1 abstention, the committee approved the Committee Report with an attached 91-page substitute bill to House Bill No. 4994.

On June 1, 2015, Rodriguez brought the substitute bill, HB 5811, to the plenary for approval. It was still being deliberated as of press time.

The substitute bill differs from the original BBL in • specifying Bangsamoro as an autonomous region; • considering the 1976 Tripoli Agreement area of autonomy in defining "contiguous territory"; • reverting the offices of the Ombudsman, Civil Service, and Audit to regional extensions of the corresponding national government agencies; • including provisions for supervisory powers of and cooperation with national government and national government agencies, particularly on human rights, peace and order, external defense, and external economic agreements; • highlighting the supremacy of the Philippine Constitution, sovereignty and territorial integrity; • deletion of provisions for a titular head; • applying the Indigenous Peoples’ Rights Act, the UN Declaration of the Rights of Indigenous Peoples, and the United Nations Declaration on Human Rights in recognizing non-Moro IP constituents; • and the national government having authority over strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy.

In a report in the Philippine government's Official Gazette, the Office of the

Salient Deletio to Co HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES

AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO”

PREAMBLE

PREAMBLE

XXX XXX XXX In consonance with the Constitution and the universally accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, reflective of our system of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions;

Article I NAME AND PURPOSE

Presidential Adviser on the Peace Process quoted Philippine chief peace negotiator Miriam Coronel Ferrer as praising HB 5811 for retaining the three most substantive elements of the BBL. “The important elements are still there, notably the structure of government; the automatic block grant; and the layered voting process through which the majority vote in the six Lanao del Norte municipalities and 39 North Cotabato barangays shall be determined at the level of the local government unit,” she said.

Ferrer also said the substitute bill preserves the spirit of political and fiscal autonomy.

She cited a provision for the Chief Minister to have two deputies, one from the island provinces and another from central Mindanao, as a substantial change.

“The welfare of the indigenous peoples has been enhanced. The same is true with the protection of women’s rights and welfare. While there were cutbacks on the jurisdiction of the Bangsamoro government over natural resources, the wealth-sharing from the exploration, development, and utilization of these resources were not changed,” Ferrer was quoted in the gazette.

-------------------Email the author at forum@upd.edu.ph.

Article I NAME AND PURPOSE

Section 1. Short Tile. – This law shall be known and cited as the “Bangsamoro Basic Law.”

SECTION 1. Short Title.– This law shall be known and cited as the “Basic Law of the Bangsamoro Autonomous Region.”

Section 2. Name. – The name of the political entity under this Basic Law shall be the Bangsamoro.

SEC. 2. Name. – The name of the political entity under this Basic Law shall be the Bangsamoro Autonomous Region.

Article III TERRITORY

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

XXX XXX XXX Within the framework of the Constitution and national sovereignty as well as the territorial integrity of the Republic of the Philippines, the universally accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, reflective of our system of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions;

Section 3. Contiguous Territory. – The areas which are contiguous and outside the core territory may opt at any time to be part of the territory upon petition of at least ten (10%) of the registered voters and approved by a majority of qualified votes cast in a plebiscite.

Article III GEOGRAPHICAL AREA OF THE BANGSAMORO AUTONOMOUS REGION SEC. 3. Contiguous Territory.

– Any local government unit or geographic area outside the territorial jurisdiction of the Bangsamoro but which are contiguous to any of the component units of the Bangsamoro and within the area of autonomy identified in the 1976 Tripoli Agreement, may opt to be part of the Bangsamoro by filing a petition of at least ten percent (10%) of the registered voters of the interested local government unit or geographic area. The inclusion of the local government unit or geographic area in the Bangsamoro shall be effective upon approval by a majority of the votes cast in the plebiscite of the political units directly affected. Petitions for inclusion may only be filed on the fifth (5th) and tenth (10th) year following the enactment of this Basic Law. The schedule of the plebiscite shall be determined by the Commission on Elections.

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 11

ons and Amendments to the Original HB 4994 nform to the Philippine Constitution Rep. Rufus B. Rodriguez Chairman, Ad Hoc Committee on the Bangsamoro Basic Law HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

Article IV GENERAL PRINCIPLES AND POLICIES

Article IV GENERAL PRINCIPLES AND POLICIES

Section 5. Promotion of Unity. The Bangsamoro Government shall promote unity, peace, justice, and goodwill among all peoples, as well as encourage a just and peaceful settlement of disputes.

The Bangsamoro abides by the principle that the country renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SEC. 5. Promotion of Unity. – The Bangsamoro Government shall promote unity, peace, justice, and goodwill among all peoples, as well as encourage a just and peaceful settlement of disputes.

(2nd paragraph is Deleted)

Article V POWERS OF GOVERNMENT

Article V POWERS OF GOVERNMENT

Section 1. Reserved Powers. – Reserved powers are matters over which authority and jurisdiction are retained by the Central Government.

The Central Government shall exercise the following reserved powers: 1. Defense and external security; 2. Foreign policy; 3. Coinage and monetary policy; 4. Postal service; 5. Citizenship and naturalization; 6. Immigration; 7. Customs and tariff as qualified

by Section 2(10), Article V of this Basic Law; 8. Common market and global trade, provided that the power to enter into economic agreements given to the ARMM under R.A. 9054 is hereby transferred to the Bangsamoro Government as provided in Article XII, Section 25 of this Basic Law; and 9. Intellectual property rights.

SECTION 1. Reserved Powers. – Reserved powers are matters over which authority and jurisdiction are retained exclusively by the National Government. The National Government shall exercise the following reserved powers: 1. National defense and national security; 2. Foreign policy; 3. Banking, coinage and monetary policy; 4. Postal service; 5. Citizenship and naturalization; 6. Immigration; 7. Powers of the Ombudsman; 8. Customs and tariff as qualified

by Section 2 (10), Article V of this Basic Law; 9. Common market and global trade, provided that the power to enter into economic agreements given to the Autonomous Region of Muslim Mindanao (ARMM) under Republic Act No. 9054 is hereby transferred to the Bangsamoro Government as provided in Section 25, Article XII of this Basic Law; 10. Intellectual property rights; and 11. All other powers not granted to the Bangsamoro Government by this Basic Law.

Section 2. Concurrent Powers. – Concurrent powers shall refer to the power shared between the Central Government and the Bangsamoro Government within the Bangsamoro, as provided in the Basic Law. The Central Government and the Bangsamoro Government shall exercise shared powers within the Bangsamoro on the following matters:

SEC. 2. Concurrent Powers. – Concurrent powers refer to the powers shared between the National Government and the Bangsamoro Government within the Bangsamoro as provided in this Basic Law. The National Government and the Bangsamoro Government shall exercise shared powers within the Bangsamoro on the following matters:

7. Auditing. – The Bangsamoro auditing body shall have auditing responsibility over public funds utilized by the Bangsamoro, without prejudice to the power, authority and duty of the National Commission on Audit (COA). The Bangsamoro Government shall ensure transparency mechanisms consistent with open government practices.

g. Auditing. – The Bangsamoro auditing body shall have internal auditing responsibility over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority, and duty of the Commission on Audit to examine, audit, and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including government-owned and -controlled corporations (GOCCs).

HOUSE BILL NO. 4994 8. Civil Service. – The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission.

There is hereby created a Bangsamoro Civil Service office that shall develop and administer a professional civil service corps, without prejudice to the power, authority and duty of the national Civil Service Commission. The Bangsamoro Government shall enact a civil service law for this purpose. This law shall govern the conduct of civil servants, the qualification for non-elective positions, adopt the merit and fitness system, and protect civil service eligible in various government positions, including government-owned and/or controlled corporations with original charters, in the Bangsamoro.

The Bangsamoro Government shall have primary disciplinary authority over its own officials and employees.

Article VI INTERGOVERNMENTAL RELATIONS Section 1. Asymmetric Relationship. – The relationship between the Central Government and the Bangsamoro Government shall be asymmetric. This is reflective of the recognition of their Bangsamoro identity, and their aspiration for self-governance. This makes it distinct from other regions and other local governments.

SUBSTITUTE HOUSE BILL NO. 5811 h. Civil Service. – The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in Republic Act No. 9054, and without prejudice to the power, authority and duty of the Civil Service Commission.

There is hereby created a Civil Service Office for the Bangsamoro Autonomous Region that shall develop and administer a professional civil service corps, without prejudice to the power, authority, and duty of the Civil Service Commission. The Bangsamoro Government shall enact a civil service law for this purpose. This law shall govern the conduct of civil servants, the qualification for non-elective positions, the merit and fitness system, and the protection of civil service eligibles in various government positions, including government-owned and/or controlled corporations with original charters, in the Bangsamoro Autonomous Region. The Civil Service Office will be monitored, regulated, and supervised by the Civil Service Commission.

The Bangsamoro Government shall have disciplinary authority over its own officials and employees. The disciplining authority of the Bangsamoro Government over its own officials and employees is without prejudice to the Constitutional powers, duties, and authority of the Office of the Ombudsman to investigate any act or omission of any public official, employee, office, or agency.

Article VI INTERGOVERNMENTAL RELATIONS SECTION 1. Asymmetric Relationship. – The relationship between the National Government and the Bangsamoro Government is asymmetric. This is reflective of the recognition of the Bangsamoro identity and the aspiration for self-governance. This makes it distinct from other regions and other local governments.

Asymmetric relationship refers to the relationship between the National Government and the Bangsamoro Government as an autonomous region, as provided under Section 15, Article X of the 1987 Constitution, wherein the autonomous regions are granted more powers and less intervention from the National Government compared to other territorial and political subdivisions.

Continued on page 12

12 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Salient Deletions and Amendments to the Original HB 4994... continued from page 11 HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

Article VII THE BANGSAMORO GOVERNMENT

Article VII THE BANGSAMORO GOVERNMENT

Section 9. Bangsamoro Electoral Code. – The Bangsamoro Transition Authority shall enact the Bangsamoro Electoral Code, which shall be correlated to national election laws, insofar as these are consistent with this Basic Law. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties.

There is hereby created a Bangsamoro Electoral Office which shall be a part of the Commission on Elections, and which shall perform the functions of the Commission on Elections in the Bangsamoro. The Bangsamoro Parliament shall submit a list of three (3) recommendees to the President, who shall choose and appoint from among them the Director General, who shall head the Office. In addition to enforcing national election laws in the Bangsamoro Electoral Code enacted by Parliament in the Bangsamoro, and shall perform the following functions: XXX XXX XXX Article VIII WALI

SEC. 10. Bangsamoro Electoral Code.

– The Bangsamoro Transition Authority shall enact the Bangsamoro Electoral Code, which shall be correlated to national election laws, insofar as these are consistent with this Basic Law. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties.

There is hereby created a Bangsamoro Electoral Office which shall be the Regional Office of the Commission on Elections, and which shall perform the functions of the Commission on Elections in the Bangsamoro Autonomous Region. In addition to enforcing national election laws in the Bangsamoro Autonomous Region, the Bangsamoro Electoral Office shall likewise implement the Bangsamoro Electoral Code enacted by the Bangsamoro Parliament, and shall perform the following functions: XXX XXX XXX (All 4 sections on Wali are deleted)

Section 1. Titular Head of the Bangsamoro. – There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions.

The Wali, as part of the Bangsamoro Government, shall be under the general supervision of the President.

(Deleted)

Section 2. Appointment of Wali. – The Bangsamoro Parliament shall issue a resolution reflecting its consensus on the selection of the Wali from a list of names of eminent residents of the Bangsamoro submitted by the Council of Leaders.

(Deleted)

Section 3. Term of Office Wali. – The first Wali shall be appointed by the Bangsamoro Transition Authority (BTA) and shall hold office for three (3) years.

Each succeeding Wali shall have a term of six (6) years.

(Deleted)

Section 4. Allowances of the Wali. – The first Wali shall receive allowances in such amount as may be determined by the BTA. The allowances of the Wali subsequently chosen shall be determined by the Bangsamoro Parliament.

Such allowances shall be sourced from the funds of the Bangsamoro Government and shall be provided for in its annual appropriations law.

(Deleted)

Article IX BASIC RIGHTS Section 5. Indigenous People’s Rights. – The Bangsamoro Government recognizes the rights of the indigenous peoples, and shall adopt measures for the promotion and protection of their rights, the right to their native titles and/ or fusaka inged, indigenous customs and traditions, justice systems and indigenous political structures, the right to an equitable share in revenues from the utilization of resources in their ancestral lands, the right to free and prior informed consent, right to the political participation in the Bangsamoro Government including reserved seats and the right to freedom of choice as to their identity.

HOUSE BILL NO. 4994 Section 6. Customary Rights and Tradition. – The customs, beliefs and traditions of the people in the Bangsamoro are hereby recognized, protected and guaranteed.

The Bangsamoro Parliament shall adopt measures to ensure mutual respect and protection of the distinct beliefs, customs and traditions of the Bangsamoro people and the other inhabitants in the Bangsamoro.

No person in the Bangsamoro shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage, or sex.

SEC. 6. Customary Rights and Traditions. – The customs, beliefs and traditions of the people in the Bangsamoro Autonomous Region are hereby recognized, protected and guaranteed.

The Bangsamoro Parliament shall adopt measures to ensure mutual respect and protection of the distinct beliefs, customs and traditions of the Bangsamoro people and the other inhabitants in the Bangsamoro.

No person in the Bangsamoro Autonomous Region shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage, or sex.

Section 7. Bangsamoro Human Rights Commission. – There is hereby created a Bangsamoro Human Rights Commission, which shall be independent and impartial, to ensure the promotion and protection of human rights in the Bangsamoro.

In the performance of its mandate, the Commission may exercise, among others, investigatory powers, prosecutorial powers and powers to compel attendance of witnesses and the production of evidence.

The Commission shall submit a report on its activities and performance at least once a year to the Bangsamoro Parliament. Other state instrumentalities in the Bangsamoro shall assist the Commission and ensure its independence, impartiality, dignity and effectiveness. The Commission shall have a coordinative and complementary relationship with the National Commission on Human Rights in carrying out its mandate.

Details pertaining to the establishment of the Commission, such as membership of the Commission, terms of office, and competencies and responsibilities, shall be provided by the Bangsamoro Parliament consistent with the provisions of the Basic Law.

SEC. 7. Bangsamoro Human Rights Commission. – There is hereby created a Bangsamoro Human Rights Commission, which shall be impartial, to ensure the promotion and protection of human rights in the Bangsamoro Autonomous Region. In the performance of its mandate, the Bangsamoro Human Rights Commission may exercise, among others, investigatory powers, and powers to compel attendance of witnesses and the production of evidence.

The Bangsamoro Human Rights Commission shall submit a report on its activities and performance at least once a year to the Bangsamoro Parliament. Other state instrumentalities in the Bangsamoro shall assist the Bangsamoro Human Rights Commission and ensure its independence, impartiality, dignity and effectiveness. The Bangsamoro Human Rights Commission shall be independent from the Bangsamoro Government and shall be under the supervision of the Commission on Human Rights in carrying out its mandate.

Details pertaining to the establishment of the Bangsamoro Human Rights Commission, such as membership, terms of office, and competencies and responsibilities, shall be provided by the Bangsamoro Parliament consistent with the provisions of this Basic Law.

Article XI PUBLIC ORDER AND SAFETY

Article IX BASIC RIGHTS SEC. 5. Non-Moro Indigenous People’s Rights. – The Bangsamoro Government recognizes the rights of the non-Moro indigenous peoples, and shall adopt measures for the promotion and protection of their rights, the right to their native titles or fusaka inged, indigenous customs and traditions, justice systems and indigenous political structures, the right to an equitable share in revenues from the utilization of resources in their ancestral lands, the right to free and prior informed consent, right to political participation in the Bangsamoro Government including reserved seats for the non-Moro indigenous peoples in the Bangsamoro Parliament, the right to basic services and the right to freedom of choice as to their identity in accordance with the Indigenous Peoples’ Rights Act, the Untied Nations Declaration of the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights.

SUBSTITUTE HOUSE BILL NO. 5811

Article XI PUBLIC ORDER AND SAFETY

Section 1. Public Order and Safety.

– The Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. There shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanism.

SECTION 1. Public Order and Safety.

– The Bangsamoro Government shall have joint responsibility with the National Government over public order and safety within the Bangsamoro Autonomous Region.

Section 2. Bangsamoro Police. – There is hereby created a Bangsamoro Police which shall be organized, maintained, supervised, and utilized for the primary purpose of law enforcement and maintenance of peace and order in the Bangsamoro. It shall be part of the Philippine National Police.

XXX XXX XXX

SEC. 2. Bangsamoro Police. – There is hereby created a Bangsamoro Police which shall be organized, maintained, supervised, and utilized by, and be an integral part of the Philippine National Police. Its primary purpose is law enforcement and maintenance of peace and order in the Bangsamoro Autonomous Region in accordance with the Constitution and existing laws.

XXX XXX XXX

Section 14. National Support Services. – The relationship between the Bangsamoro Police and the national support services of the Philippine National Police shall be determined by the intergovernmental relations body.

(Deleted)

Continued on page 13

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Salient Deletions and Amendments to the Original HB 4994... continued from page 12 HOUSE BILL NO. 4994 Section 15. Defense and Security.

– The defense and security of the Bangsamoro shall be the responsibility of the Central Government. The Central Government may create a Bangsamoro Command of the Armed Forces of the Philippines for the Bangsamoro, which shall be organized, maintained, and utilized in accordance with national laws. Qualified inhabitants of the Bangsamoro shall be given preference for assignments in the said Bangsamoro Command.

Section 17. Coordination. – The Central Government and the Bangsamoro Government shall establish coordination protocols, which shall govern the movement of the Armed Forces of the Philippines in the Bangsamoro.

Article XII FISCAL AUTONOMY Section 2. Auditing. – All public funds of the Bangsamoro are subject to auditing. For this purpose, a Bangsamoro Commission on Audit (BCA) is hereby created. It shall have the power, authority, and duty to examine, audit and settle all accounts pertaining to revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to the public funds utilized by the Bangsamoro. The utilization of the revenue generated by the Bangsamoro Government and block grants or subsidies from foreign or domestic donors shall be subject to the auditing rules and regulation of the Bangsamoro Government and to auditing by the BCA auditors.

The BCA’s power, authority and duty shall be without prejudice to the power, authority and duty of the Commission on Audit (COA) to examine, audit and settle all accounts, pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCC’s.

With due regard to the BCA’s responsibility to ensure the judicious use of funds within the Bangsamoro, disbursement vouchers of the Bangsamoro Government shall be submitted immediately to the BCA.

SUBSTITUTE HOUSE BILL NO. 5811 SEC. 14. Defense and Security.

- The defense and security of the Bangsamoro shall be the responsibility of the National Government. The National Government may create a unit or units of the Armed Forces of the Philippines for the Bangsamoro, which shall be organized, maintained, and utilized in accordance with national laws. Qualified inhabitants of the Bangsamoro shall be given preference for assignments in the unit or units of the Armed Forces of the Philippines.

(Deleted)

Article XII FISCAL AUTONOMY SEC. 2. Auditing. – There is hereby created an internal auditing body with procedures for accountability over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority, and duty of the Commission on Audit to examine, audit, and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including government-owned or –controlled corporations.

HOUSE BILL NO. 4994 Economic Agreements and Conventions Section 25. Economic Agreements.

– The Bangsamoro government may enter into economic agreements and receive benefits and grants derived therefrom subject to the reserved powers of the Central Government over foreign affairs.

Article XIII ECONOMY AND PATRIMONY

Loans SEC. 22. Foreign and Domestic Loans; Bills, Bonds, Notes and Obligations. – XXX XXX XXX Subject to acceptable credit worthiness, such loans may be secured from domestic and foreign lending institutions, in accordance with the Constitution. The Bangsamoro Parliament may authorize the Chief Minister to contract such domestic or foreign loans. The loans so contracted may take effect upon approval by a majority of all the members of the Bangsamoro Parliament.

XXX XXX XXX

Section 23. Overseas Development Assistance. – In its efforts to achieve inclusive growth and poverty reduction, through the implementation of priority development projects, the Bangsamoro Government may avail directly of Overseas Development Assistance (ODA). The Bangsamoro Parliament may enact legislation governing ODA.

SEC. 23. Overseas Development Assistance. – In its efforts to achieve inclusive growth and poverty reduction, through the implementation of priority development projects, the Bangsamoro Government may avail of international assistance in accordance with the Overseas Development Assistance Law. (last sentence deleted)

Economic Agreements and Conventions SEC. 25. Economic Agreements. – The Bangsamoro Government may enter into economic agreements and receive benefits and grants derived therefrom subject to the approval of the National Government.

Article XIII ECONOMY AND PATRIMONY

Natural Resources Section 8. Natural Resources, Nature Reserves and Protected Areas. – The Bangsamoro Government shall have the authority, power, and right to explore, develop and utilize the natural resources, including surface and sub-surface rights, inland waters, coastal waters, and renewable and non-renewable resources in the Bangsamoro.

XXX XXX XXX

Natural Resources SEC. 8. Natural Resources. – The Bangsamoro Government shall have the authority, power, and right to the control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources within the Bangsamoro Autonomous Region in accordance with the Constitution and the pertinent provisions of this Basic Law except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy, provided that the Bangsamoro Government shall be consulted.

Section 10. Exploration, Development, and Utilization of Fossil Fuels and Uranium. – The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro.

The Central Government, through the Department of Energy (DOE), and the Bangsamoro Government shall adopt a competitive and transparent process for the grant of rights, privileges and concessions in the exploration, development and utilization of fossil fuels and uranium.

The DOE and the Bangsamoro Government will identify and select prospective contract areas to be offered for exploration and development.

A qualified Filipino citizen who is bona fide resident of the Bangsamoro will receive a rating higher than other proponents during the evaluation process.

The award of the service contract shall be made jointly by the DOE and the Bangsamoro Government.

(Deleted)

Article XV PLEBISCITE Loans Section 22. Foreign and Domestic Loans; Bills, Bonds, Notes and Obligations. – XXX XXX XXX Subject to acceptable credit worthiness, such loans may be secured from domestic and foreign lending institutions, except foreign and domestic loans requiring sovereign guaranty, whether explicit or implicit, which would require the approval of the Central Government. The Bangsamoro Parliament may authorize the Chief Minister to contract such domestic or foreign loans. The loans so contracted may take effect upon approval by a majority of all the members of the Bangsamoro Parliament.

XXX XXX XXX

SUBSTITUTE HOUSE BILL NO. 5811

Section 4. Plebiscite for Joining the Bangsamoro. – Any local government unit or geographic area outside the territorial jurisdiction of the Bangsamoro, but which are contiguous to any of the component units of the Bangsamoro, upon a verified petition for the conduct of a plebiscite of at least ten percent (10%) of the registered voters, submitted to the Bangsamoro Electoral Office.

Provided that, the inclusion of said local government unit or geographic area in the Bangsamoro shall be effective when approved by a majority of the registered voters within that local government unit in the plebiscite called for the purpose.

Provided further that the schedule of the plebiscite shall be determined by the COMELEC through the Bangsamoro Electoral Office.

Article XV PLEBISCITE SEC. 4. Plebiscite for Joining the Bangsamoro Autonomous Region – Any local government unit or geographic area outside the territorial jurisdiction of the Bangsamoro Autonomous Region, but which are contiguous to any of the component units of the Bangsamoro Autonomous Region and within the area of autonomy identified in the 1976 Tripoli agreement, may opt to be part of the Bangsamoro Autonomous Region, upon a verified petition for the conduct of a plebiscite of at least ten percent (10%) of the registered voters of the interested local government units or geographical areas; Provided, That the inclusion of the local government unit or geographic area in the Bangsamoro Autonomous Region shall be effective when approved by a majority of the votes cast in the plebiscite called for the purpose in the political units directly affected: Provided further, That petitions for inclusion may only be filed on the fifth (5th) and tenth (10th) year following the enactment of this Basic Law: and, Provided finally, That no petition for joining the Bangsamoro Autonomous Region shall be entertained within five (5) years following the enactment of this Basic Law. The schedule of the plebiscite shall be determined by the Comelec.

14 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Matrix on the Bangsamoro Basic Law Sen. Ferdinand “Bongbong” R. Marcos, Jr.

O

n 12 August 2015, Sen. Ferdinand Marcos sponsored Senate Bill 2894, or "An Act Providing for the Basic Law for the Bangsamoro Autonomous Region," and dedicated it to SAF 44 and their families. This was contained in Committee Report 200 which he filed on 10 August 2015.

Sen. Marcos' bill is a substitute to Senate Bill 2408 which Malacanang submitted to the Senate and referred to the Committee on Local Government on 15 September 2014.

The matrix below highlights some of the changes/amendments to the original SB 2408. View the entire matrix at http://www.up.edu.ph/wp-content/uploads/2015/09/Matrix_BBL_August-11-2015.pdf.

Senate Bill No. 2408 Bangsamoro Basic Law (as filed)

(Introduced by Senators Franklin M. Drilon, Vicente C. Sotto III, Loren Legarda, Ralph G. Recto, Maria Lourdes Nancy S. Binay, Francis G. Escudero, Paolo Benigno "Bam" Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio B. Honasan II and Teofisto "TG" Guingona III)

AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES

Senate Bill No. 2894 Bangsamoro Autonomous Region (Committee Report No. 200)

(Prepared jointly by the Local Government; Peace, Unification & Reconciliation; and Constitutional Amendments & Revision of Codes, with Senators Franklin M. Drilon, Vicente C. Sotto III, Loren Legarda, Ralph G. Recto, Maria Lourdes Nancy S. Binay, Francis G. Escudero, Paolo Benigno "Bam" Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio B. Honasan II, Teofisto "TG" Guingona III, Ferdinand R. Marcos, Jr. and Miriam Defensor Santiago)

Section 3. Purpose. – The purpose of this Basic Law is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Article II BANGSAMORO IDENTITY Section 1. Bangsamoro People. – Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants, whether of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.

Spouses and their descendants are classified as Bangsamoro.

Senate Bill No. 2894 Bangsamoro Autonomous Region (Committee Report No. 200) SEC. 3.Purpose. – The purpose of this Basic Law is to establish the Bangsamoro Autonomous Region in accordance with the provisions of the 1987 Philippine Constitution and the aspirations of the Muslim Filipinos and all indigenous cultural communities for local self-governance.

ARTICLE II BANGSAMORO IDENTITY SEC. 4.Bangsamoro People. – Those who at the time of conquest and colonization of the Philippines by the Spaniards considered themselves natives or original inhabitants of Mindanao, whether of mixed or of full blood: Provided, That the foregoing profess the faith of Islam shall have the right to identify themselves as Bangsamoro. Spouses and their descendants, at their option, shall also be part of Bangsamoro Autonomous Region. This provision shall not in any way derogate from the provisions of Article IV of the 1987 Philippine Constitution.

Section 2. Freedom of Choice. – The freedom of choice of other indigenous peoples shall be respected.

“AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES”

SEC. 5.Non-Moro Indigenous Cultural Communities – The rights of Non-Moro Indigenous Cultural Communities as provided for in Republic Act (RA) No. 8371 or the Indigenous Peoples Rights Act (IPRA) of 1997 and other related laws shall in no way be impaired, diluted or diminished, even when such NonMoro Indigenous Cultural Communities are situated within the confines of the Bangsamoro Autonomous Region.

Section 3. Bangsamoro Symbol. – The Bangsamoro Parliament shall adopt the official flag, emblem and anthem of the Bangsamoro.

PREAMBLE We, the Bangsamoro people and other inhabitants of the Bangsamoro, imploring the aid of the Almighty, aspiring to establish an enduring peace on the basis of justice in our communities and a justly balanced society, and asserting our right to conserve and develop our patrimony; In consonance with the Constitution and the universally accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, reflective of our system of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions; Affirming the distinct historical identity and birthright of the Bangsamoro people to their ancestral homeland and their right to self-determination— beginning with the struggle for freedom of their forefathers in generations past and extending to the present—to chart their political future through a democratic process that will secure their identity and posterity, and allow for genuine and meaningful selfgovernance as stipulated under the Comprehensive Agreement on the Bangsamoro (CAB); With the blessings of the Almighty, do hereby ordain and promulgate this Bangsamoro Basic Law, through the Congress of the Republic of the Philippines, as the basic law of the Bangsamoro that establishes the asymmetrical political relationship with the Central Government founded on the principles of subsidiarity and parity of esteem.

ARTICLE I NAME AND PURPOSE

Senate Bill No. 2408 Bangsamoro Basic Law (as filed)

SEC. 6.Bangsamoro Symbol. – The Bangsamoro Parliament shall adopt the official flag, emblem, administrative seal, and anthem of the Bangsamoro Autonomous Region.

SEC. 7.Traditional Islamic Institutions – The prerogatives enjoyed by traditional Islamic institutions such as the sultanates shall be maintained; the lawful representatives of such institutions shall be consulted by the legislature and the executive in matters relating to the enactment and the implementation of law for the Bangsamoro Autonomous Region; such institutions shall, without need of invitation or request or summons, have the right to submit position papers, memoranda and proposals to Congress and to the Executive.

Article III TERRITORY Section 1. Definition of Territory - Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain above it. The Bangsamoro territory shall remain a part of the Philippines.

ARTICLE I NAME AND PURPOSE

Section 1. Short Title.– This law shall be known and cited as the “Bangsamoro Basic Law.”

SEC. 1.Short Title.– This law shall be known and cited as the “Basic Law for the Bangsamoro Autonomous Region.”

Section 2. Name. – The name of the political entity under this Basic Law shall be the Bangsamoro.

SEC. 2. Name. – The name of the political subdivision under this Basic Law shall be the Bangsamoro Autonomous Region.

As used in this law, the “Bangsamoro Autonomous Region” is the political subdivision created by the Bangsamoro Basic Law which is an Autonomous Region as provided in Sec. 15, Article X of the 1987 Philippine Constitution, with the powers and functions as provided under this law and other related laws. The Bangsamoro Autonomous Region forms an inalienable part of the Philippines.

Section 2. Core Territory – The core territory of the Bangsamoro shall be composed of: a. the present geographical area of the Autonomous Region in Muslim Mindanao; b. the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; c. the cities of Cotabato and Isabela; and d. all other contiguous areas where there is resolution of the local government unit or a petition of at least ten percent (10%) of the registered voters in the area asking for their inclusion at least two months prior

ARTICLE III GEOGRAPHICAL AREA OF THE BANGSAMORO AUTONOMOUS REGION SEC. 8. Definition of Geographical Area of the Bangsamoro Autonomous Region – Geographical area refers to the land mass as well as the waters over which the Bangsamoro Autonomous Region has jurisdiction. The area of the Bangsamoro Autonomous Region shall remain a part of the Philippines.

SEC. 9. Geographical Area Of The Bangsamoro Autonomous Region – The geographical area of the Bangsamoro Autonomous Region shall be composed of: a. the present geographical area of the Autonomous Region in Muslim Mindanao (ARMM); b. the cities of Cotabato and Isabela; and c. any province or city which are contiguous and outside the geographical area of the present ARMM where there is resolution of the local government unit or a petition of at least ten percent (10%) of the registered voters in the area asking for their inclusion at least two months prior to the conduct of a plebiscite of the Basic Law for the Bangsamoro Autonomous

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Senate Bill No. 2408 Bangsamoro Basic Law (as filed) to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro.

In order to ensure the widest acceptability of the Bangsamoro Basic Law in the core areas above-mentioned, a popular ratification shall be conducted among all the Bangsamoro within the areas for their adoption.

Senate Bill No. 2894 Bangsamoro Autonomous Region (Committee Report No. 200) Region and the process of delimitation of the Bangsamoro geographical area.

In order to ensure the widest acceptability of the Basic Law of Bangsamoro Autonomous Region in the geographical areas abovementioned, a plebiscite shall be conducted for this purpose in the political subdivision directly affected.

Section 3. Contiguous Territory – The areas which are contiguous and outside the core territory may opt at anytime to be part of the territory upon petition of at least ten percent (10%) of the registered voters and approved by a majority of qualified votes cast in a plebiscite.

Section 4. Inland Waters. – All inland waters, such as lakes, rivers, river systems, and streams within the Bangsamoro territory shall be part of the Bangsamoro. The preservation and management thereof shall be under the jurisdiction of the Bangsamoro government.

Senate Bill No. 2894 Bangsamoro Autonomous Region (Committee Report No. 200)

Section 4. Civilian Government. Governance in the Bangsamoro is the responsibility of the dulyelected civilian government. Civilian authority is, at all times, supreme over the military.

Section 5. Promotion of Unity. The Bangsamoro government shall promote unity, peace, justice, and goodwill among all peoples, as well as encourage a just and peaceful settlement of disputes.

The Bangsamoro abides by the principle that the country renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

SEC. 15. Promotion Of Unity. The Bangsamoro regional government shall promote unity, peace, justice, and goodwill among all peoples, as well as encourage a just and peaceful settlement of disputes.

The Bangsamoro regional government renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 6. Promotion of Right. - The Bangsamoro shall adhere to the principle of enjoining what is right and forbidding what is wrong.

Section 5. Bangsamoro Waters – The Bangsamoro waters shall extend up to 22.224 kilometers (12 nautical miles) from the lowwater mark of the coasts that are part of the Bangsamoro territory. The Bangsamoro Waters shall be part of the territorial jurisdiction of the Bangsamoro political entity.

Where a constituent local government unit of the Bangsamoro and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government unit.

Should they be so situated that there is more than thirty (30) kilometers but less than 37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Waters.

Ten years after the passage of this Basic Law, the central government and the Bangsamoro government shall discuss the enhancement of the area of the Bangsamoro waters through the necessary processes and modalities.

SEC. 10. Bangsamoro Autonomous Region Waters – The Bangsamoro Autonomous Region waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro geographical area. Nothing in this Section shall diminish the powers, functions, rights and privileges already enjoyed by the municipalities over their municipal waters as provided under RA No. 7160 also known as the Local Government Code of 1991, and RA No. 8550, otherwise known as the Philippine Fisheries Code of the Philippines.

Where a constituent local government unit of the Bangsamoro Autonomous Region and an adjoining local government unit are so situated on the opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro Autonomous Region waters and the municipal waters of the adjoining local government unit.

Should they be so situated that there is more than thirty (30) kilometers but less than 37 kilometers of waters between them, a line shall be drawn at the edge of the 15 kilometers municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro Autonomous Region waters.

Ten (10) years after the passage of this Basic Law, the national government and the Bangsamoro regional government shall discuss the improvement of the Bangsamoro Autonomous Region waters through the necessary processes and modalities.

Section 6. Constituent Units. – The provinces, cities, municipalities, barangays and geographical areas within its territory shall be the constituent units of the Bangsamoro.

SEC. 11. Constituent Units. – The provinces, cities, municipalities and barangays shall be the constituent units of the Bangsamoro Regional Government.

Section 7. Collective Democratic Rights of the Bangsamoro People. - The collective rights of the constituents of the Bangsamoro shall be recognized.

Article IV GENERAL PRINCIPLES AND POLICIES

Senate Bill No. 2408 Bangsamoro Basic Law (as filed)

ARTICLE IV GENERAL PRINCIPLES AND POLICIES

Section 1. Self-Governance. In the exercise of its right to self-governance and selfdetermination, the Bangsamoro is free to pursue its economic, social and cultural development.

SEC. 12. Self-Governance. Within its territorial geographical area and subject to the provisions of the 1987 Philippine Constitution and national laws, the Bangsamoro regional government in the exercise of its right to self-governance is free to pursue its economic, social and cultural development.

Section 2. Democratic Political System. The Bangsamoro government shall be parliamentary.

Its political system is democratic, allowing its people to freely participate in the political processes within its territory.

SEC. 13. Democratic Political System. The Bangsamoro regional government shall be parliamentary. Its political system is democratic, allowing its people to freely participate in the political processes within its geographical area.

Section 3. Electoral System. - The Bangsamoro government shall adopt an electoral system suitable to a ministerial form of government, which shall allow democratic participation, encourage formation of genuinely principled political parties, and ensure accountability.

SEC. 14. Electoral System. - The Bangsamoro regional government shall adopt an electoral system suitable to a parliamentary form of government, which shall allow democratic participation, encourage formation of genuinely principled political parties, and ensure accountability.

Section 7. Social Justice. - The Bangsamoro shall establish a government that ensures that every citizen in the Bangsamoro is provided the basic necessities and equal opportunities in life.

Social justice shall be promoted in all phases of development and facets of life within the Bangsamoro.

SEC. 16. Social Justice. - The Bangsamoro regional government shall enact measures that protect and enhance the right of all people to human dignity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good for its constituents.

Section 8. International Treaties and Agreements. - The Bangsamoro government shall respect and adhere to all international treaties and agreements binding upon the central government.

SEC. 17. International Treaties And Agreements.

- The Bangsamoro regional government shall respect and adhere to all international treaties and agreements binding upon the national government.

SEC. 18. Declaration On the Rights Of NonMoro Indigenous Peoples – The Bangsamoro regional government recognizes and promotes the rights of Non-Moro indigenous peoples within the framework of the 1987 Philippine Constitution and national laws.

Article V POWERS OF GOVERNMENT Section 1. Reserved Powers. – Reserved powers are matters over which authority and jurisdiction are retained by the central government. The central government shall exercise the following reserved powers: 1. Defense and external security; 2. Foreign policy; 3. Coinage and monetary policy; 4. Postal service; 5.Citizenship and naturalization; 6. Immigration; 7. Customs and tariff as qualified by Section 2 (10), Article V this Basic Law; 8. Common market and global trade, provide that the power to enter into economic agreements given to the ARMM under R.A. 9054 is hereby transferred to the Bangsamoro government as provided in Article XII, Section 25 of this basic Law; and 9. Intellectual property rights.

ARTICLE V POWERS OF GOVERNMENT SEC. 19. Reserved Powers. – Reserved powers are matters over which authority and jurisdiction are retained by the national government. The national government shall exercise the following reserved powers: 1. National defense, and internal and external security; 2. Foreign affairs; 3. Currency and policy direction in the areas of money, credit and banking; 4. Postal service; 5. Citizenship and naturalization; 6. Immigration and deportation; 7. Customs and tariff laws as qualified by Sec. 20 (8), Article V of this Basic Law; 8. Common market and global trade: Provided, That the power to enter into economic agreements given to the ARMM under RA No. 9054 is hereby transferred to the Bangsamoro regional government as provided in Article XI, Section 146 of this Basic Law; 9. Intellectual property rights; 10. Supervision over banks and non-banks financial institutions under the jurisdiction of the Bangko Sentral ng Pilipinas (BSP); 11. Free ports. – The Bangsamoro regional government may establish free ports in the Bangsamoro Autonomous Region. The Bangsamoro regional government shall coordinate with and assist the national government on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro Autonomous Region free ports shall be entitled to the fiscal incentives and other benefits provided by the national government to special economic zones. The free ports within the Bangsamoro Autonomous Region shall be contiguous/ adjacent to seaport or airport; and 12. All other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions.

To view the full matrix, please go to http://www.up.edu.ph/wp-content/ uploads/2015/09/Matrix_BBL_August-11-2015.pdf

16 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

A Country without Heroes... continued from page 9 Our version of the Basic Law for the Bangsamoro Autonomous Region fulfills the duty that we in this august chamber must fulfill, to protect the national interests of the Republic of the Philippines. It reserves to the national government those powers enshrined in our Constitution: the responsibility for national defense, and internal and external security; foreign affairs; monetary policy and management of the broader financial system; matters of citizenship and immigration; maintenance of the postal service; trade, customs, and tariffs, other than those responsibilities already granted to the

and order by making the Bangsamoro Police Force an integral part of the PNP. While encouraging and supporting the unique culture and social structure of the Muslim community, it clearly defines the rights of nonMuslim citizens of the Bangsamoro Autonomous Region, the traditional sultanates, tribal communities and other indigenous peoples, and women, children, and otherwise disadvantaged citizens.

Furthermore, while the Basic Law recognizes that changes and amendments may be necessary in the future, it preserves the supremacy of the republic by making those changes subject to the approval of Congress.

tem of Islamic finance, among others.

These rights and privileges are equitably extended to non-Muslims and tribal people as well, with provisions made for the fair representation of the sultanates and tribal organizations in the parliamentary and other policymaking bodies. Likewise, inclusiveness of the Bangsamoro Autonomous Region and people within the greater republic is guaranteed by provisions for representation in the legislative, judicial, and administrative bodies of the national government.

The Basic Law also provides a framework by which the rich natural resources of the region—which should and will primarily benefit its people,

Photo by Judgefloro, from Wikicommons

A statue and tarpaulin memorial in honor of the Special Action Force 44 police officers slain during the Mamasapano clash, located at PRO3 Police Station 1, ACPO, Angeles City, Pampanga Police Force National Police Commission Philippine National Police in the Barangay Hall of Santo Rosario (Poblacion) Town Proper.

region through R.A. 9054; protection of intellectual property rights.

The Basic Law addresses the first and most important prerequisite to peace—the definitive end to armed conflict—by providing an efficient, verifiable program of disarmament and demobilization, overseen by an independent monitoring body, and providing the needed financial and social assistance to former fighters to become peaceful and productive members of society. It renounces war as an instrument of policy, and instead provides the governing structures and dispute resolution mechanisms needed to create a peaceful society managed through means that are morally and practically superior to armed conflict. It maintains the constitutional responsibility of the national government to maintain peace

Another important way the national interest is defended, however, is by fulfilling—to the extent that our Constitution and national sovereignty can allow—the desires of the Bangsamoro people for meaningful autonomy.

The people of the Bangsamoro Autonomous Region wish for the right of self-determination over their internal affairs—this law provides that right, by establishing the local legislature, by granting authority to form necessary agencies and departments, and most especially by providing the framework by which our fellow Muslim citizens in the Bangsamoro Autonomous Region can adhere to the unique principles of their faith by following Shari’ah Law, managing Hajj and Umrah affairs for citizens from the Bangsamoro Autonomous Region, and establishing a sys-

but rightly belong to all Filipinos—can be equitably shared. A fair share of national revenues, as the constitution dictates must be provided to local governments, is also provided for, to ensure that the Bangsamoro Autonomous Region is financially sound and able to provide adequately for all its people. Key areas in which the region has chronically suffered from a lack of progress, for example, electricity generation and distribution, have been given special attention, with more flexibility granted to the local government to develop and regulate the regional infrastructure, within the bounds of national laws and complementary local laws regarding environmental management, industrial safety and standards, and investments.

These are the basic principles that

were the guide to the writing of this substitute bill: (1) The primacy of our constitution which every citizen is mandated to obey and defend compels us to strike down any provision that is clearly in conflict with its letter and spirit based on our preliminary determination; (2) The autonomy of the constituent local government units of the Bangsamoro Autonomous Region as defined in the Local Government Code of 1991, as amended, should not be diminished. This is aligned with our national policy of decentralization; (3) The principle of checks and balances in all aspects of governance should be strengthened because this is the main reason why the Autonomous Region in Muslim Mindanao has failed; (4) While we recognize that substantial fund need to be pumped in to the Bangsamoro Autonomous Region for rehabilitation and development purposes, we should not overlook the fact that other regions and LGUs are equally in need of the same funding support.

Hence, we risk an unequal distribution or allocation, which could potentially sow the seed of discontentment rather than unity among our countrymen. Thus, while we enhanced the revenue power of the Bangsamoro Autonomous Region, as well as financial grants from the national government, additional funding for development purposes should be better left with Congress, through the yearly budgeting process; (5) The bravery and heroism of our SAF-44 had taught us many lessons, among which is that peace and order in the autonomous region should remain to be the primary responsibility of the national government, through our structured Philippine national police; (6) The Bangsamoro Autonomous Region is a multi-ethnic and multicultural region. Thus, the Basic Law must be inclusive by ensuring that all groups are represented in all aspects of governance; (7) The history of armed struggle of a number of our Muslim brothers with the latest formation of the Bangsamoro Islamic Freedom Fighters (BIFF), a break-away group of the Moro Islamic Liberation Front, reveals that the struggle to establish a separate and independent state in that portion of continued on page 17

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 17

A Country without Heroes... continued from page 16

For too long, Mindanao has been dubiously referred to as the “land of promise”—aspirants for national offices, recognizing that in order to win elections on a national scale they must win in Mindanao, have promised the sun, the moon, and the stars to its people. Sometimes those promises are accompanied by short-term largesse, dole-outs of food, minor development projects, medical and social assistance, but these small benefits have never benefited all Mindanaoans equitably, and do not last. When the votes are counted and the campaign banners come down, the region is forgotten again, its people left to their despair, which leads to hopeless violence and provides fertile ground for those who seek their own gain at the expense of not just the people of Mindanao, but the entire Philippines.

By creating the conditions for lasting

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

our country remains a concern. It should therefore be clear that the proposed basic law will never be a vehicle for the establishment of an independent state; (8) Lastly, we go back to the fundamental premise that the organic law is about the continuing quest for the elusive peace in Muslim Mindanao. But peace cannot be achieved without an effective normalization process.

This representation fully adheres to the view that peace and development are as much primary objectives of the BBL as the enhanced autonomy for Muslim Mindanao that we are now granting to our brothers and sisters in the autonomous region.

And in order to elevate these objectives as paramount societal ideals and safeguard their immediate attainment, your committee has found the need to incorporate explicit provisions in the substitute bill, otherwise lacking in the original draft. Adoption by incorporation in the law is to imbue them decisively with the force and character of a legal mandate for the Bangsamoro regional government to accomplish, in partnership with the national government.

This policy of “normalization” is hereby emphasized in the substitute bill as both a corollary and integral obligation, alongside this grant of enhanced autonomy to the erstwhile ARMM. It shall necessarily embrace the United Nations principles of “DDR” or Disarmament, Demobilization, and Reintegration, so as to attune and peg the milestones of the normalization efforts to internationally acceptable standards of peacekeeping and post-conflict recovery, which have been developed by the UN through years of effective remedial intervention in conflict areas all around the world.

Decommissioning of forces, as we call it in the substitute bill, both of combatants and civilians, shall be an integral component of our normalization policy, and as the crucial firststep to disarm, literally and figuratively, a portion of our people so used or so steeped in a culture of armsbearing, fighting and killing. This is a time to restore mutual trust and confidence, otherwise lost or besmirched because of unwanted incidents in the past, but which we have all vowed to not allow us to relapse. This is a time to start over again. Hence, this is a time for our brothers and sisters to lay down arms, and replace them with plows, tools of trade, books, computers, and other wholesome and more potent materials of creation— and not of destruction—and other building blocks of social development and progress.

Autonomy is a continuous process.

Our definition too of autonomy to our local government units under our Local Government Code of 1991, as

amended, is continually evolving. Our proposed redefinition of autonomy of the autonomous region of Muslim Mindanao will certainly be revisited and again be redefined in the future, not on the strength of armed struggle, but in the pursuit of good governance for our people.

We strive for peace, and I believe this improved version of the Basic Law for the Bangsamoro Autonomous Region provides the conditions by which peace can finally be achieved. It does so not just by delineating national and regional authority and providing effective mechanisms by which the region can be quickly demilitarized, but by focusing with great care on the root causes of the conflict which has persisted too long and brought nothing but misery and poverty to the people in this rich, underappreciated part of Mindanao.

The Verification and Monitoring Assistance Team under the Independent Decommissioning Body, along with a unit from the joint Peace and Security Team composed of elements from the Armed Forces of the Philippines, the Philippine National Police and the MILF's Bangsamoro Islamic Armed Forces hold a historic weapons decommissioning ceremony at the Old Provincial Capitol in Sultan Kudarat, Maguindanao.

peace and prosperity in the Bangsamoro Autonomous Region, I firmly believe we are creating the conditions for lasting peace and prosperity for all Filipinos. It is in that spirit I have introduced the Basic Law for the Bangsamoro Autonomous Region for your learned deliberation. As the familiar saying goes, “A rising tide lifts all boats.” Our southern lands are rich in natural resources, rich in agricultural potential, and rich in the culture and industriousness of its people. Some of our country’s most beautiful natural features are located there, but for too long the beauty of the land, its wildlife, and its people have been isolated from the rest of the country and the rest of the world by a bitter, futile conflict.

By striving for a just peace, one that is inclusive and all-embracing, we strengthen ourselves and the entire nation. We become richer materially and spiritually by respecting the differences in the many cultures found among the Filipino people, while welcoming those people to share in our collective work and rewards as brethren and partners. By striving for a just peace that spreads from Mindanao throughout our entire country, we create a bright beacon of hope and prosperity for our kindred in Sabah, and bring a future in which our nation can be once again made whole and united.

Peace is the first step on an endless golden road to the future. Peace leads to order, which leads to progress, which leads to prosperity and dignity for all. Peace is in the soul of our nation—it is what our heroes, the brave SAF 44 and so many before them, fought for and gave their last breath to achieve.

We must not fail them.

We must not fail those they left behind. We must not fail ourselves. We must have peace, and we shall, through this basic law we begin deliberating today. We stand now at a crossroads – let us choose the right path, the only path. The path of peace. May God bless our work, and may God bless the Philippines.

-------------------Sen. Ferdinand Marcos obtained a Special Diploma in Social Studies from the University of Oxford, England, and did graduate course work in Business Administration at the Wharton School of Business, University of Pennsylvania, USA. Email him at info@bongbongmarcos. com or ldlavarias@bongbongmarcos.com.

18 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

From BBL * to BLBAR, World Awaits Legisla Compiled by Fred Dabu

Issues and Concerns

A

s the Filipino people, together with the international community, anticipate the final deliberations for the Bangsamoro Basic Law (BBL) pending in Congress, proponents have not given up hope in the quest for peace and justice through the enactment of a “good” and mutually-acceptable BBL during President Benigno Aquino III’s administration. Two counterpart versions are due to be tackled: House Bill No. 5811 or the “Basic Law of the Bangsamoro Autonomous Region" in the House of Representatives, and Senate Bill No. 2894 or "An Act Providing for the Basic Law for the Bangsamoro Autonomous Region" in the Senate. To aid the public in examining the proposed legislations, several issues, statements and counterarguments raised by known proponents and critics of the BBL are presented below. * The draft BBL, which was originally submitted to Congress, was revised by technical working groups and counterpart versions were renamed as the Basic Law for/of the Bangsamoro Autonomous Region (BLBAR). Usage of the BBL acronym was retained in this publication for clarity. This compilation was updated on July 14 and August 25, 2015.

Issues and Concerns

Statements in Favor of the Draft BBL

Constitutional Basis of BBL,

Constitutional ===== Office of the Presidential Adviser on the Peace Process (OPAPP): "The Government of the Philippines (GPH) is fully committed to supporting the passage of the BBL before the 2016 regular election. Provisions in Article X of the 1987 Philippine Constitution on the creation of Autonomous Regions shall apply.

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.

If passed into law, the BBL will create a Bangsamoro region to replace the ARMM.” Source/s: http://www.opapp. gov.ph/milf/faqs-frameworkagreement-bangsamoro http://www.opapp.gov.ph/ milf/news/frequently-askedquestions-draft-bangsamorobasic-law

Creation of a Substate

Miriam Coronel Ferrer (Chairperson, Government Peace Negotiating Panel): "Any notion of a sub-state can only mean a setup within the Philippine state and under the current Philippine Constitution."

Source/s: http://www.interaksyon. com/article/109029/bbl-willcreate-sub-state-with-equalpowers-to-natl-govt---former-uplaw-dean Jose Lorena (Undersecretary for Bangsamoro Affairs of the OPAPP): "The proposed BBL is designed to address the clamor for a genuine autonomy in Mindanao, and not as an appeasement to any revolutionary group."

“The BBL is not for MILF alone.

BBL should be equated with meaningful autonomy, which is to capture the articulation not only of the Moro fronts but the Muslims in Southern Philippines.”

Source/s: http://www.opapp. gov.ph/milf/news/bbl-meansmeaningful-bangsamoroautonomy-not-power-any-groupopapp

Statements Warning Against the Draft BBL Unconstitutional or problematic ===== Sen. Miriam Defensor Santiago (Chairperson, Senate Committee on Constitutional Amendments and Revision of Codes and Senate Committee on Foreign Relations): The BBL is unconstitutional. They are proposing a sub-state.

“The BBL is unconstitutional because it violates what the Constitution provides for as national sovereignty and territorial integrity of our country.”

“Those are the guidelines set by the Constitution in providing for autonomous regions for regional authority. It’s obvious that in the contemplation of the Constitution, the territorial units of our country are provinces, cities, barangays, municipalities, and autonomous regions. There’s no mention at all of a sub-state. That’s what they are proposing, a sub-state.”

Source/s: http://www.mb.com.ph/bblunconstitutional-miriam/ Sen. Ferdinand R. Marcos Jr. (Chairperson, Senate Committee on Local Government): “What is given to the Bangsamoro government is necessarily torn away from the government of the Republic…”

“Unfortunately, the BBL in its present form and substance will not bring us any closer to peace.

Instead, it will lead us to perdition…”

“The Bangsamoro parliament would be equal, not subordinate, to our Congress; exclusive powers given to Bangsamoro will diminish sovereignty of the Republic and that BBL has no power to create ‘Bangsamoro territory’…”

(Senator Ferdinand Marcos, Jr. assured local officials that he will remedy the flaws of the proposed Bangsamoro Basic Law (BBL) to ensure that the version passed by the Senate will address the concerns of all major stakeholders.)

Source/s: http://www.philstar.com/ headlines/2015/06/04/1462012/ marcos-rejects-draft-bbl-says-it-wontlead-peace http://manilastandardtoday. com/2015/06/15/marcos-promisesto-correct-flaws-in-draft-law/ Former Representative and House Deputy Speaker Pablo Garcia: "The Autonomous Region in Muslim Mindanao (ARMM) cannot be abolished by the proposed BBL." "There is no need for Congress to enact the BBL since it is unconstitutional... The Constitution only recognizes two autonomous regions: the Autonomous Region of Muslim Mindanao and the Cordillera Administrative Region."

Source/s: http://www.philstar.com/ headlines/2015/02/02/1419387/ bangsamoro-laws-constitutionalitytackled-senate-hearing http://www.gmanetwork.com/ news/story/423752/news/nation/ bangsamoro-law-cannot-abolisharmm-says-ex-solon

Statements in Favor of the Draft BBL

Statements Warning Against the Draft BBL

Rep. Rufus Rodriguez (Chairperson, House Ad Hoc Committee on the Bangsamoro Basic Law): “We will continue deliberations in August,” Rodriguez told MindaNews in a text message Sunday afternoon, adding “there is no TRO (temporary restraining order) issued by the Supreme Court.”

(The 98-member Ad Hoc Committee on the Bangsamoro Basic Law approved on May 20 by a vote of 50 in favor, 17 against and one abstention, its substitute bill, HB 5811, providing for a Basic Law for the Bangsamoro Autonomous Region, in what Committee chair Rep. Rufus Rodriguez of Cagayan de Oro described as a “historic vote,” an “affirmative action to fully correct c enturies of neglect and injustice.”)

Source/s: http://www.mindanews. com/peace-process/2015/07/12/ rufus-bbl-deliberations-to-resumeaugust-despite-petitions-insupreme-court/ http://www.mb.com.ph/julydeadline-for-bbl-impossible-rufus/

Philippine Constitutional Association (Philconsa): The BBL is "constitutionally problematic," with questionable provisions on "the right to selfdetermination, the Bangsamoro’s apparent asymmetrical relationship with the national government, form of government, territorial domain, foreign affairs, internal and external security and sources of government funds."

Source/s: http://www.philstar.com/ headlines/2015/01/26/1416898/ bangsamoro-bill-hasconstitutional-flaws

Senen Bacani (Member, Government Peace Negotiating Panel): “Hopefully with a fuller discussion of this law there will be a better understanding of what is in there for everybody. We’ve always said that we’re relying on the collective wisdom of the members of both houses [Senate and House of Representatives] to come up with a law that will basically satisfy the aspirations of the Bangsamoro and one that will be in accordance with the Comprehensive Agreement on the Bangsamoro (CAB).”

Source/s: http://www.opapp.gov.ph/ milf/news/govt-peace-panel-keepshopes-high-congress-okay-bbl

"The basic law addresses the first and most important prerequisite to peace - the definitive end to armed conflict - by providing an efficient, verifiable program of disarmament and demobilization, overseen by an independent monitoring body, and providing the needed financial and social assistance to former fighters to become peaceful and productive members of society."

- Senator Ferdinand "Bongbong" R. Marcos, Jr., Chairman of the Committee on Local Government Source: http://www.senate.gov.ph/ press_release/2015/0812_marcos1.asp

Amira Lidasan (Spokesperson, Suara Bangsamoro): “We from the Suara Bangsamoro have been very critical about the content of the Bangsamoro Basic Law (BBL) because it falls short of the aspirations of the Bangsamoro people’s struggle for genuine right to self-determination. The BBL is limiting and counterposing this right with the Philippine Constitution.”

“The BBL disregards the reasons why the Moro people remain poverty stricken, enduring a backward economy and its communities are in conflict. Instead of addressing these issues, the BBL copies the development paradigm and programs as well as security policies of the national government, which in the past have been the complaint of the Moro people and were deemed discriminatory.”

Source/s: http://davaotoday. com/main/todays-news-to-go/ bbl-insufficient-for-bangsamoropeople/ Prof. Merlin Magallona (Former Dean, UP College of Law): "You might have the impression that what's being created is a political system of equal strength as the national government, with all the powers of the national government being divided."

Source/s: http://www.interaksyon. com/article/109029/bbl-willcreate-sub-state-with-equalpowers-to-natl-govt---former-uplaw-dean Rep. Neri Javier Colmenares and Rep. Carlos Isagani Zarate of Bayan Muna party list, Rep. Luzviminda Ilagan and Rep. Emmi de Jesus of Gabriela Women’s party list, Rep. Antonio Tinio of ACT Teachers party list, Rep. Fernando Hicap of Anakpawis party list, and Rep. Terry Ridon of Kabataan partylist (Makabayan bloc in the House of Representatives): “(1) the BBL grants not full but only limited autonomy; (2) genuine autonomy can never be possible under a neo-colonial, semi-feudal and corrupt state and ruling system; and (3) the BBL does not address the social and economic roots of poverty and injustice.”

“The prevailing political context has worsened in the aftermath of Mamasapano.

Through Congress, the Aquino administration is taking back the proposed additional powers granted to the Bangsamoro in the BBL and other concessions negotiated by the MILF.” “The interest shown by the US, Japan, and the European Union in the peace talks with the MILF and the BBL is likewise extremely alarming.

The US took an active role in the drafting of the Government of the Philippines - MILF

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 19

ation Issues and Concerns

Statements in Favor of the Draft BBL

Statements Warning Against the Draft BBL

Issues and Concerns

Memorandum of Agreement on Ancestral Domain which was eventually junked by the GPH. We must vigorously oppose the agenda of the imperialists to establish military bases, ruthlessly exploit the mineral and agricultural wealth and cheap labor of the Bangsamoro and Mindanao.”

Source/s: http://www.interaksyon. com/article/110765/makabayanbloc-palace-version-of-railroadedbbl-wont-address-root-cause-ofmindanao-conflict

Funding for the First Year of Operation, Sources of Revenue and Funding

P 35 billion ===== Atty. Mohammad Al-amin Julkipli (Member, Legal Team of the Government Peace Negotiating Panel): "The total funding to be directly allocated to the Bangsamoro regional government for its initial year of operation will only amount to P35 billion."

"This amount does not significantly depart from the current allocation for the ARMM (broken down into: P1 billion for the transition from the Autonomous Region in Muslim Mindanao Regional Government to the Bangsamoro Government; P7 billion Special Development Fund (SDF) for the first year (and P2 billion per year for the next five years) to allow the poverty-stricken and conflict-affected region to catch up in terms of development through infrastructure buildup and intensified delivery of social services; and P27 billion estimated block grant in 2016 which will be used for economic development, payment for salaries of teachers and health workers and all other educational and health services.)"

Source/s: http://opapp.gov.ph/ milf/news/public-urged-rejectmisinformation-bbl

“Certainly, the MILF will not accept a diluted BBL. If a law is based on the report of the Ad Hoc Committee on the BBL, which is 50 percent bad, the MILF will outright reject it.”

- July 24-31, 2015 Editorial from the MILF official website

P 75 billion ===== Sen. Ralph Recto (Senate President Pro-Tempore): The Bangsa‎moro will get an initial P 75-billion funding in its first year.

“The BBL creates financial obligations in the tens of billions of pesos. It binds the national government, and ultimately taxpayers, to allocate large sums of money every year... On the first year alone of the Bangsamoro establishment, the projected minimum cost is P75 billion.”

"The BBL also provides for a Special Development Fund (SDF) that will be remitted to the Bangsamoro government.

Barangays, cities, towns and provinces constituting the Bangsamoro region will continue receiving their Internal Revenue Allotments (IRA)—the share of local governments from taxes collected by the national government."

"There is already automatically appropriated funds, then they can keep the taxes, in part or in full, that they can collect."

"Bangsamoro is to enjoy 100 percent retention for the first 10 years... If oil is found in the area, the taxes, fees, royalties will be divided equally. In case of metallic minerals, the Bangsamoro gets three-fourths of the income due, while the national government will have to be content with onefourth."

"The Bangsamoro can also impose certain other taxes, fees, and charges, from which the national government will not receive any share... It can contract loans, it can pawn future revenues, like what other LGUs are doing."

Source/s: https://www.senate.gov. ph/press_release/2015/0216_ recto1.asp http://www.interaksyon.com/ article/105178/recto-senate-todefuse-policy-landmines-in-bbl

Source: http://www.luwaran.com/ index.php/editorial/item/503critical-period

Shari'ah Law in the Bangsamoro

Atty. Mohammad Al-amin Julkipli (Member, Legal Team of the Government Peace Negotiating Panel): The Shari'ah Law in the Bangsamoro will apply to Muslims only.

"The Shari’ah courts would not cover non-Muslims as regular courts would still exist in Bangsamoro."

"The Supreme Court has the ultimate power of reviewing all decisions by the Shari’ah courts in the Bangsamoro as practiced now."

Some sectors warn that the implementing agencies of the Shari'ah Law would practically enforce a separate justice system in the region. ===== Rafael Alunan III (DILG Chief during the Ramos administration): "As a sub-state under Sharia Law, it is one breath away from being an Islamic State within the territory of the Philippines. Exactly what Al Qaeda and its arch-rival,

Statements in Favor of the Draft BBL "There will be no separate justice system in the Bangsamoro. In the BBL, the special courts that are to be institutionalized or strengthened therein shall all be part of the singular Judiciary that remains to be under the administration and control of the Supreme Court.

That is true for the Shari'ah Courts in the Bangsamoro as well as the tribal/customary courts."

Source/s: http://opapp.gov.ph/ milf/news/public-urged-rejectmisinformation-bbl

Creation of New and Distinct Agencies Duplicating the Work of Constitutional Bodies such as the Commission on Audit (COA), Commission on Elections (Comelec), and the Civil Service Commission (CSC)

Atty. Mohammad Al-amin Julkipli (member of the legal team of the government peace negotiating panel): “The proposed Bangsamoro agencies will not supplant nor will they, in any way, derogate from or take away the constitutional powers and duties of the Constitutional Commissions and other constitutionally-mandated offices.”

“The existence and functioning of these Bangsamoro agencies shall be without prejudice to the powers and duties of the Constitutional Commissions... The goal in including their creation in the BBL is simply to "strengthen checks and balances in the Bangsamoro and supplement the work of the Constitutional bodies, hence the proposed establishment of auditing, civil service, election and human rights units." http://opapp.gov.ph/milf/ news/public-urged-rejectmisinformation-bbl

Police and military organizations in the Bangsamoro

OPAPP / Atty. Mohammad Alamin Julkipli (member of the legal team of the government peace negotiating panel): Moro Islamic Liberation Front (MILF) members would not be automatically integrated into the Armed Forces of the Philippines and the Philippine National Police.

“This is not provided in the BBL as the desire of the government and the MILF in the Comprehensive Agreement on the Bangsamoro is to submit all MILF armed combatants and their families to the normalization and decommissioning processes so they could return to their normal lives, and not to a life of arms anymore.”

However, there is no prohibition for MILF members to apply with the AFP or the PNP, but they will have to go through the same rigorous processes that all AFP and PNP members go through.

The Bangsamoro will implement the provision in the Philippine Constitution for true autonomy in Muslim Mindanao.

The MILF shall undertake a graduated program for the decommissioning of its forces so that they are put beyond use. In a gradual and phased process, law enforcement shall be transferred to the police force for the Bangsamoro. The police force shall be civilian in character and accountable and responsible both to the Central and Bangsamoro governments, and the communities that it serves. Both parties have also committed to work as partners for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.

Source/s: http://opapp.gov.ph/ milf/news/public-urged-rejectmisinformation-bbl

Statements Warning Against the Draft BBL ISIS, want as they struggle toward the establishment of a global caliphate while taking differing paths."

Source/s: https://www. facebook.com/rafael.m.alunan/ posts/10203768733119501

Some sectors question the creation of new and distinct agencies duplicating the work of Constitutional bodies such as the Commission on Audit (COA), Commission on Elections (Comelec), and the Civil Service Commission (CSC).

Some sectors warn that members of the Moro Islamic Liberation Front (MILF) would soon become part of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

Sen. Alan Peter Cayetano (Senate Majority Leader): The Bangsamoro’s future police force could become the country’s “biggest private army’’ if it would not coordinate with the national government.

Source/s: http://newsinfo.inquirer. net/670825/cayetano-against-bblsays-milf-to-boost-army-that-canthreaten-republic Rigoberto Tiglao (Columnist, head of the Presidential Management Staff during the Arroyo administration): "The Bangsamoro government shall have primary responsibility over public order and safety within the “Bangsamoro” and that a “Bangsamoro Police” would be created for this purpose. --This violates the Constitution’s provision that “the State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission.”

"The BBL draft bill clumsily tries to go around this constitutional ban by stipulating that a “Bangsamoro Police Board” shall perform the functions of the National Police Commission, and that “the board will be part of the National Police Commission.”

Source/s: http://www.manilatimes. net/bangsamoro-bill-lostminds/126047/

Continued on page 20

20 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 Issues and Concerns

From BBL to BLBAR... continued from page 19 Issues and Concerns

Statements in Favor of the Draft BBL

Statements Warning Against the Draft BBL

Checks and Balances

OPAPP: "The President will continue to exercise general supervision over the Bangsamoro government to ensure that national laws are faithfully executed.

National laws cannot be amended by the Bangsamoro Parliament unless authorized by Congress.

Reserved powers (both expressed and residual) of the national government can at anytime be exercised within the Bangsamoro territory without any limitation whatsoever. For example, the Bangsamoro government’s power to enter into economic agreements, and to establish linkages for cultural exchange, economic and technical cooperation with other countries is subject to the central government’s reserved powers over foreign affairs. In addition, the exercise of the concurrent or shared powers by the Bangsamoro government can only be done with the coordination and cooperation of the national government.

To supplement the work of the Constitutional bodies in the Bangsamoro (COA, CSC, Comelec, CHR) is the proposed establishment of auditing, civil service, election and human rights units in the Bangsamoro without prejudice of course to the powers, authorities and duties of these Constitutional bodies. The only goal is to assist, and not to replace in any manner whatsoever the powers and authorities of these bodies.

The Ombudsman shall have the power to act on erring Bangsamoro officials. The Supreme Court will continue to exercise the powers of supervision and judicial review over all courts including Shari’ah courts.

Moreover, there are clear statements in the proposed BBL that the Bangsamoro government will have to adhere to the commitments of the national government as embodied in international treaties and agreements.

The draft law also provides for additional intergovernmental bodies to be established in order to ensure cooperation and coordination between the National and Bangsamoro Governments.

These are: (1) The Central Government - Bangsamoro Government Intergovernmental Relations Body to resolve issues on intergovernmental relations; (2) The Intergovernmental Fiscal Policy Board that shall address revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity of the Bangsamoro; (3) The Philippine Congress Bangsamoro Parliament Forum for purposes of cooperation and coordination of legislative initiatives; (4) The Bangsamoro Sustainable Development Board to ensure the harmonization of environmental and development plans, as well as to formulate common environmental objectives; and (5) The Joint Body for the Zones of Joint Cooperation which shall be responsible for drawing up of policies in the zones of joint cooperation in the Sulu Sea and the Moro Gulf.

Also worthy of note is the provision on the possible vote of no confidence against the government of the day which can serve as a further check on the performance of the Bangsamoro government by the duly elected representatives of the Bangsamoro. Another is the full disclosure policy of the Bangsamoro government of its budget and finances and of bids and public offerings.

Regarding public order and safety, there will be a Bangsamoro Police Board which shall perform

Rep. Rufus Rodriguez (Chairperson, House Ad Hoc Committee on the Bangsamoro Basic Law): "Congress shall delete provisions in the BBL that aim to create their own internal audit body despite the presence of the COA; disciplining of public officials, a power to be taken away from the Office of the Ombudsman; establishing civil service and human rights bodies, and creating the Bangsamoro Police Force."

Source/s: http://www.mb.com.ph/ unconstitutional-bbl-provisionsscrapped/

- Secretary Teresita Quintos-Deles, Presidential Adviser on the Peace Process Source: http://www.luwaran.com/ index.php/new/item/541-op-andcongress-remain-committedto-the-enactment-of-mutuallyaccepted-bbl-sec-deles

Statements Warning Against the Draft BBL

the functions of the Napolcom in the Bangsamoro. The board shall be part of the Napolcom with the Napolcom ensuring that the Bangsamoro Police Board performs its powers and functions within the bounds of its authority.

Above all of these controls within and outside the Bangsamoro however, what is of paramount importance would be the demand of the governed for complete accountability of those who govern and supported by a strong press and strong civil society organizations. That way we can further strengthen the democratic institutions that will be established and ensure the general welfare of the people in the Bangsamoro." http://www.opapp.gov.ph/milf/news/ checks-and-balances-nationalgovernment-vs-none-bbl

Parliamentary System of Government

(The Office of the President and the leadership of both Houses of Congress) “remain committed to the enactment of a meaningful and mutually acceptable BBL within President Aquino’s term of office.”

Statements in Favor of the Draft BBL

OPAPP: "The powers of the Bangsamoro government shall be given to the Parliament.

The President shall exercise general supervision over the Bangsamoro government to ensure that National laws are faithfully executed.

The Chief minister shall head the government of the Bangsamoro, shall be elected by a majority vote of the Parliament from among its members, shall appoint the Deputy Chief Minister and members of the Cabinet.

The Council of Leaders includes the provincial governors, mayors of chartered cities, indigenous peoples, women, settlers, and other sectoral representatives.

The Wali shall be the titular (ceremonial) head of the Bangsamoro, shall be chosen by the Parliament and have a term of six years." http://www.opapp.gov.ph/milf/news/ frequently-asked-questions-draftbangsamoro-basic-law

Some sectors think the parliamentary system is unconstitutional and is not compatible with the present form of government.

SOURCES: Alunan III, R. (2015, April 20). When the ship of state is headed for the rocks. BusinessWorld. Retrieved from http://www.bworldonline.com/content.php?section=Opinion&title=when-the-ship-of-state-is-headed-for-therocks&id=106454 Alunan III, R. (2015, February 17). [Facebook status update]. Retrieved from https://www.facebook.com/ rafael.m.alunan/posts/10203768733119501 Araneta, M. & Araneta, S. (2015, June 15). Marcos promises to correct flaws in draft law. Manila Standard Today.

Retrieved from http://manilastandardtoday.com/2015/06/15/marcos-promises-to-correct-flaws-in-draft-law/ Arguillas, C. (2015, July 12). Rufus: BBL deliberations to resume August despite petitions in Supreme Court.

MindaNews. Retrieved from http://www.mindanews.com/peace-process/2015/07/12/rufus-bbl-deliberations-toresume-august-despite-petitions-in-supreme-court/ Bacani, S. (2015, January 26). Checks and Balances in National Government vs None in the BBL. Office of the Presidential Adviser on the Peace Process. Retrieved from http://www.opapp.gov.ph/milf/news/checks-andbalances-national-government-vs-none-bbl Burgonio, T.J. (2015, February 5). Cayetano against BBL, says MILF to boost army that can threaten Republic.

Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/670825/cayetano-against-bbl-says-milf-toboost-army-that-can-threaten-republic Casayuran, M. & Quismoro, E. (2015, June 11). July deadline for BBL impossible – Rufus. Manila Bulletin.

Retrieved from http://www.mb.com.ph/july-deadline-for-bbl-impossible-rufus/ Casayuran, M. (2015, February 14). BBL unconstitutional – Miriam. Manila Bulletin. Retrieved from http:// www.mb.com.ph/bbl-unconstitutional-miriam/ Dalangin-Fernandez, L. (2015, April 18). BBL will create 'sub-state' with 'equal strength' to national government - ex-UP Law Dean Magallona. InterAksyon.com. Retrieved from http://www.interaksyon.com/ article/109029/bbl-will-create-sub-state-with-equal-powers-to-natl-govt---former-up-law-dean InterAksyon.com. (2015, May 19). Makabayan bloc: Palace version of railroaded BBL won't address root cause of Mindanao conflict. Retrieved from http://www.interaksyon.com/article/110765/makabayan-blocpalace-version-of-railroaded-bbl-wont-address-root-cause-of-mindanao-conflict Legaspi, A. (2015, February 2). Bangsamoro law cannot abolish ARMM, says ex-solon. GMA News.

Retrieved from http://www.gmanetwork.com/news/story/423752/news/nation/bangsamoro-law-cannotabolish-armm-says-ex-solon Luci, C. (2015, March 6). Unconstitutional BBL provisions scrapped. Manila Bulletin. Retrieved from http:// www.mb.com.ph/unconstitutional-bbl-provisions-scrapped/ Mendez, C. (2015, January 26). ‘Bangsamoro bill has constitutional flaws’. The Philippine Star. Retrieved from http://www.philstar.com/headlines/2015/01/26/1416898/bangsamoro-bill-has-constitutional-flaws Mendez, C. (2015, June 4). Marcos rejects draft BBL, says it won’t lead to peace. The Philippine Star.

Retrieved from http://www.philstar.com/headlines/2015/06/04/1462012/marcos-rejects-draft-bbl-saysit-wont-lead-peace Office of the Presidential Adviser on the Peace Process. (2014, September 10). Frequently Asked Questions on the draft Bangsamoro Basic Law. Retrieved from http://www.opapp.gov.ph/milf/news/frequently-askedquestions-draft-bangsamoro-basic-law Office of the Presidential Adviser on the Peace Process. (2015, March 30). Public urged to reject misinformation on BBL. Retrieved from http://www.opapp.gov.ph/milf/news/public-urged-rejectmisinformation-bbl Office of the Presidential Adviser on the Peace Process. (2015, May 1). BBL means meaningful Bangsamoro autonomy, not power for any group -- OPAPP. Retrieved from http://www.opapp.gov.ph/milf/news/bblmeans-meaningful-bangsamoro-autonomy-not-power-any-group-opapp Office of the Presidential Adviser on the Peace Process. FAQs on the Framework Agreement on the Bangsamoro. Retrieved from http://www.opapp.gov.ph/milf/faqs-framework-agreement-bangsamoro Office of the Presidential Adviser on the Peace Process. Gov't peace panel keeps hopes high on Congress' okay of BBL. Retrieved from http://www.opapp.gov.ph/milf/news/govt-peace-panel-keeps-hopes-highcongress-okay-bbl Reyes, E. (2015, February 16). Recto: Senate to defuse policy landmines in BBL. InterAksyon.com.

Retrieved from http://www.interaksyon.com/article/105178/recto-senate-to-defuse-policy-landmines-in-bbl Senate press release. (2015). Senate cannot rubber-stamp its OK on BBL's P75 B price tag. Retrieved from https://www.senate.gov.ph/press_release/2015/0216_recto1.asp Tiglao, R. (2014, September 11). Bangsamoro bill: Have they lost their minds? The Manila Times. Retrieved from http://www.manilatimes.net/bangsamoro-bill-lost-minds/126047/ Viray, P.L. (2015, February 2). Bangsamoro law's constitutionality tackled in Senate hearing. The Philippine Star. Retrieved from http://www.philstar.com/headlines/2015/02/02/1419387/bangsamoro-lawsconstitutionality-tackled-senate-hearing

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 21

Analysis and Position of Makabayan on the Proposed Bangsamoro Basic Law (May 18, 2015) Makabayan Bloc

T

he Makabayan bloc recognizes the courageous struggle of the Moro people for the right to national self-determination. This struggle is rooted in the centuries-long and ongoing oppression and exploitation of the Filipino people including the Bangsamoro and other indigenous peoples by the colonial and neocolonial powers and the local ruling elite. This struggle forms an important part of the Filipino people’s struggle against foreign and local ruling class domination and enslavement towards genuine independence and democracy.

The Bangsamoro must attain and exercise their right to self-determination. The socio-economic roots of war must be addressed, and widespread poverty and injustice eradicated. Otherwise, the armed struggle of the Moro people will continue and grow stronger even if the Moro Islamic Liberation Front places its weapons “beyond use.”

In our analysis of the text and more importantly, in consideration of the prevailing societal context, the proposed Bangsamoro Basic Law falls far short of and does not adequately address the aspirations of the Bangsamoro and indigenous peoples’ struggle because: 1) the BBL grants not full but only limited autonomy; 2) genuine autonomy can never be possible under a neo-colonial, semifeudal and corrupt state and ruling system; and 3) the BBL does not address the social and economic roots of poverty and injustice.

The prevailing political context has worsened in the aftermath of Mamasapano. Through Congress, the Aquino administration is taking back the proposed additional powers granted to the Bangsamoro in the BBL and other concessions negotiated by the MILF. The interest shown by the US, Japan, and the European Union in the peace talks with the MILF and the BBL is likewise extremely alarming. The US took an active role in the drafting of the Government of the Philippines—MILF Memorandum of Agreement on Ancestral Domain which was eventually junked by the GPH. We must vigorously oppose the agenda of the imperialists to establish military bases, ruthlessly exploit the mineral and agricultural wealth and cheap labor of the Bangsamoro and Mindanao.

The Proposed BBL grants, not full, but limited autonomy Full and genuine autonomy is a possible form of restoring to the Bangsamoro their right to self-determination and rectifying the historic and continuing injustice against the Bangsamoro. Full autonomy entails the recognition, at the very least, of their right, capacity and authority to rule over all aspects of political, economic, and cultural life in their region, apart from the four reserved powers of the central government—foreign affairs, external defense and security, border control and immigration, and common currency. However, this is not the kind of autonomy that the Bangsamoro will get through the proposed BBL. Compare Republic Act 9054 (the Autonomous Region in Muslim Mindanao law) with the BBL. In ARMM, the regional assembly is given the power to enact laws on all matters except for those pertaining to the 14 reserved powers of the national government. In the BBL, nine of these powers have been retained by the national government while the remaining five fall under so-called concurrent powers of the national government and the Bangsamoro Government. The long enumeration in the BBL of 59 exclusive powers of the Bangsamoro government/parliament are, in fact, powers that have likewise been granted to the ARMM in as much as these do not fall within the reserved powers of the national government.

Anti-people laws and policies of the GPH will prevail over and delimit the laws that may be enacted and enforced by the Bangsamoro parliament. Deleterious laws such as the 1995 Mining Act, laws on foreign investment, agreements such as the GATT/WTO, laws on land ownership, Oil Deregulation Law, Electric Power Industry Reform Act, and many other exploitative and oppressive GPH laws shall remain in force and dominate in the Bangsamoro. BBL does not invalidate these laws, nor does the Bangsamoro assembly have the power to invalidate, amend, or choose not to implement them.

With respect to the 14 concurrent powers, the national government or GPH shall continue to prevail and dominate by virtue of the phrase “without prejudice to the power and authority” of constitutional bodies such as the Commissions on Civil Service, Audit, Elections, Human Rights, the Office of the Ombudsman, and others.

Not genuine autonomy; dominated by neo-colonial, dynastic, and corrupt politics The Moro people will not, in reality, enjoy their right to self-determination and genuine autonomy even if the BBL is enacted into law. Beyond the text of the BBL, the political and socio-economic context in which the Bangsamoro entity will operate should be considered. The whole area of the Bangsamoro is not insulated from and in fact will continue to be dominated by the neo-colonial, dynastic, and corrupt state and politics of the big comprador capitalists and landlords that rule the whole country.

The fate that befell the ARMM is clear for all to see—from the hands of Nur Misuari the reins of government fell to the Ampatuans. With the support of Pres. Fidel Ramos and the full resources of the state behind him, Nur Misuari was installed as the governor of ARMM. Before long, landlords and warlords gained control of ARMM, the moment Misuari lost the support of Malacañang. The Arroyo administration had to distance itself from the Ampatuans because of the public outrage over the brutal massacre of journalists.

It remains to be seen whether the BBL will gain approval in a plebiscite in all the areas it seeks to cover and whether the MILF can win in elections against contending dynastic landlords and warlords. Furthermore, the armed rebel groups opposed to the BBL, such as Misuari’s MNLF and the Bangsamoro Islamic Freedom Fighters are still in the picture.

Electoral successes for the BBL and the MILF are possible, given the backing and sup-

port of the US and Malacañang. But can autonomy propped up by US and the GPH President’s patronage still be considered genuine? Likewise, it remains to be seen, whether, and for how long, the MILF can maintain its grip on the Bangsamoro government.

The BBL does not even attempt to dismantle the socio-economic roots of the Moro rebellion The BBL makes no effort to identify and dismantle the socio-economic roots of the Moro rebellion. Essentially, the BBL is an agreement on the terms of power-sharing and division of wealth between the GPH and the Bangsamoro government. But there are no provisions in the BBL that address the root of poverty and injustice that are the causes of the Moro rebellion and war.

The BBL glaringly lacks any provision that puts an end to the monopoly control of agricultural lands and mineral resources by foreign corporations and a handful of big compradors and landlords through the free redistribution of land to farmers; nor provisions for the establishment of job-creating industries; nor provisions to lift the Moro, indigenous people, and other inhabitants of the Bangsamoro from poverty. The BBL appears to be saying that resolving the socioeconomic roots of rebellion should just be left to whoever takes power in the Bangsamoro.

The ordinary Moros and lumads and others who support the armed struggle in Mindanao are farmers, fisherfolk, youth, women, and other poor people deprived of land, jobs, education, health, and other basic services. If widespread poverty and injustice are not addressed, the societal basis for the Moro armed struggle persists, just as it does for the armed revolution being waged by the Communist Party of the Philippines, the National Democratic Front, and the New People’s Army.

“Bigay-bawi” and deception by government in the peace talks with the MILF and the BBL It is becoming increasingly apparent that grand deception and co-optation are the US-Aquino regime’s real objectives in engaging the MILF in peace talks, negotiating the Comprehensive Agreement on the Bangsamoro and drafting the BBL. This is also part of the regime’s divide-and-rule tactic to neutralize the MILF and concentrate the government’s armed force on the CPP-NPA. The Aquino administration is now taking away, through amendments proposed by its allies in Congress, the additional powers of the Bangsamoro government that it granted in the negotiations with the MILF on the assurance that these are in accordance with the Constitution. The government peace panel and Pres. Aquino himself insisted that no amendment of the Constitution was necessary.

Ironically, the ongoing process of “bigay-bawi”amendments in Congress, including the argument that eight or more provisions of the BBL are unconstitutional, are justified by taking the line that “the MILF cannot be trusted after what happened in Mamasapano.” It was President Aquino himself, together with then-suspended PNP Chief Gen. Purisima, who were primarily accountable for the police operation in Mamasapano, which they approved without coordination with the MILF, resulting in the carnage that rocked the administration and derailed the smooth passage of the BBL. Malacañang and the Liberal Party have clearly turned their backs on agreements the GPH had signed with the MILF in seeking to take back the many concessions given to the MILF, on the pretext that there are indeed unconstitutional provisions in the BBL that have to be amended or deleted completely.

The administration and its allies in Congress are now pushing for “bigay-bawi” amendments—the nine exclusive powers of the national government in the committee chairman’s draft of the BBL will increase to 17, and the eight powers of the Bangsamoro government over the police, proposed amendments that take away or otherwise violate the contents of the agreement entered into by government with the MILF. We will not allow ourselves to be used in the “bigay-bawi” scheme and grand deception of the Aquino administration. We criticize the government’s violations of and the reneging on agreements it entered into with the MILF, similar to what is happening in the peace talks with the National Democratic Front.

We will uphold the proposals and demands that will strengthen the right to self-determination of the Moro people and the lumads. The socio-economic roots of war must be identified and dismantled and programs for genuine land reform, job creation and industrialization and wealth redistribution be instituted. There must be provisions that prohibit the establishment of foreign military bases and curtail the unbridled exploitation of the mineral and agricultural wealth and cheap labor of the Bangsamoro and Mindanao by foreign capitalists.

We shall decide how we will vote after due consideration and study of the final version of the BBL that will be put to a vote before the committee and in plenary.

REP. NERI J. COLMENARES Bayan Muna Partylist REP. LUZVIMINDA C. ILAGAN Gabriela Women’s Partylist REP. ANTONIO L. TINIO ACT Teachers Partylist

REP. EMMI A. DE JESUS Gabriela Women’s Partylist REP. FERNANDO L. HICAP Anakpawis Partylist REP. CARLOS ISAGANI T. ZARATE Bayan Muna Partylist

REP. TERRY L. RIDON Kabataan Partylist

22 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Be on the Right Side of History... continued from page 8

proximately 63 votes from the Preamble to paragraph 15, Section 3, Article V. On May 19, the Committee deliberated on the entire bill except for the title and the appendix. It held a marathon meeting from 10 a.m. to 11:30 p.m. with approximately 145 votes made. On May 20, with a vote of 50 in favor, 17 against and one abstention, the Ad Hoc Committee approved the Committee Report with the attached substitute bill to House Bill No. 4994.

Pursuant to the Rules of the House, particularly Section 44, the Ad Hoc Committee referred on May 20, 2015 the approved substitute bill to the Committee on Appropriations and the Committee on Ways and Means for their comments relative to the appropriation or tax or revenue aspects of the bill.

I sponsored the substitute bill in separate meetings held by the two committees on 26 May 2015. In the Committee Report we submitted to the Plenary for approval on second reading, we appended the comments of these two committees.

In these two committees, it was clearly brought out by the Department of Budget and Management (DBM) that only P37 billion will be given to the Bangsamoro Autonomous Region in the first year upon the approval of this law and not P75 billion as claimed by its detractors.

Of the P37 billion, P27 billion (around P25 billion from the General Appropriations Act allocated to the Autonomous Region in Muslim Mindanao and P2 billion from the Internal Revenue taxes) are currently being received by theAutonomous Region in Muslim Mindanao leaving and incremental increase of only P10 billion for the Bangsamoro Autonomous Region.

Let me enumerate in brief the objective and some of the key provisions of this substitute bill: PURPOSE: • To establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and to secure their identity and posterity and allow for meaningful self-governance.

KEY PROVISIONS: • Identifies the Bangsamoro People and creates the political entity called the Bangsamoro Government.

• Defines the geographical area of the Bangsamoro Autonomous Region, which is composed of the present geographic area of the Autonomous Region in Muslim Mindanao (ARMM), the contiguous territory, the inland waters and the Bangsamoro waters.

• Defines and enumerates the powers of the Bangsamoro government in relation to the national govern-

ment.

The powers are classified as: • Reserved Powers or those over which the national government has authority and jurisdiction.

• Concurrent Powers refer to those which the Bangsamoro government shares with the national government.

• Exclusive Powers refer to those over which the Bangsamoro government has authority and jurisdiction.

• Provides for the form of the Bangsamoro government, which shall be a parliamentary democratic political system.

• Divides the powers of the Bangsamorogovernment. Legislative Authority shall be exercised by the Bangsamoro parliament. Executive Authority shall be exercised by the chief minister, who will be elected by the parliament. Judicial Authority continues to be exercised by the Supreme Court, even as the bill recognizes the applicability of the Shari’ah Justice System over Muslims and traditional or tribal justice systems to indigenous peoples.

• Provides that the Bangsamorogovernment shall enjoy fiscal autonomy.

• Provides for funding grant and support to the Bangsamorogovernment, such as the following: • Annual Block Grant. The central government shall provide an annual block grant which shall be the share of the Bangsamoro in the national internal revenue of the government.

• Special Development Fund for the rehabilitation and development of the Bangsamoro.

• Initial Funding for Transition in order that the Bangsamoro may carry out the requirements of transition, including the organizational activities of the Bangsamoro Transition Authority (BTA), organization of the bureaucracy, hiring of personnel, and the exercise of functions and powers of the BTA. • Provides for the sharing of taxes between the Bangsamoro government and the national government as well as the sharing of income from the utilization of resources in the Bangsamoro geographic area.

• Creates the Bangsamoro Transition Authority (BTA), which shall be the interim government or the governing body in the Bangsamoro Autonomous Region during the transition period, and provides for its powers and functions.

• See the "Salient Deletions and Amendments to the Original HB 4994" on p. 10.

The process that the BBL, now the proposed Basic

Mindanao Webs and Dominoes... continued from page 23 college. In fact, there are adults who were not able to go to school at all.

Some communities in Mindanao are still facing health issues because of inadequate if not lack of medicine in addition to lack of medical personnel and facilities. Parts of Mindanao are still in darkness because there is no source of power, while the island as a whole, seems to have not yet recovered from the power crises of previous years.

These are only among the many issues Mindanao is facing while our country is dreaming of ASEAN integration. These are also the issues Fr. Adam Bago, a Tanzanian national, has to deal with every day in his parish in the hinterland village of Digkilaan, in Iligan City. He travels for hours on foot to the remote jungles and crosses the rivers to visit the nearby communities of his parishioners. But he has also opened his doors to the Muslim and Lumad communities there. Had it not been for tropical storm “Sendong” in 2011, the people in these communities would have remained nameless. How can a foreigner be more understanding and concerned than our fellow “Filipinos” out there—a foreigner without religious and racial prejudice?

The real Mindanao deserves a future, and therefore needs closure from its dark past. I look at my children and I couldn’t be more proud and happy that like me, they were born in Mindanao, whose people’s ancestry has already diversified from the Chinese, Ilokano and Ilonggo settlers, to the Moro (Tausug and K’lagan) and the Lumad (Mandaya).

I pray and hope that when it is time for them to lead our societies, they will not experience the struggles and injustices that we have experienced. This may be a cliché for a parent to wish for his children’s future, but it remains full of love and promise that needs to be fulfilled.

This essay alone may not cover the whole scope of the issues surrounding the Mamasapano incident, the BBL and the peace process in Mindanao, as I may have missed some salient points on the matter. It may not also guarantee that it can convince the vast majority of people reading this to understand my personal perspectives.

“Manong Andres cannot pretend to have understood the new face and image of Ailene wearing a hijab, even if he sees it often in the public market every time he buys fish or other commodities. But when for the first time he hears Nur Ainee’s voice, he immediately feels an epiphany, and everything is now clear to him—he is already home.”

-------------------The author took up his Master in Development Communication from the UP Open University. He is a journalist by profession and was a fellow in the 16th Graciano Lopez Jaena Community Journalism Workshop at the UP College of Mass Communication. He also teaches at the Mindanao University of Science and Technology, a state university in Cagayan de Oro City. Email him at nefluczon@gmail.com.

Law for the Bangsamoro Autonomous Region, has gone through is unprecedented in the history of the legislative branch of our government. Considering the high stakes and objectives involved in attaining peace and development in Mindanao, this process of deliberation is indispensable if we are to truly achieve what we have been told is a Herculean, and sometimes even described as “impossible” task.

According to data from the Office of the Presidential Adviser on the Peace Process, 120,000 people have already lost their lives since 1970 (50 percent, MILF; 30 percent, AFP; 20 percent, civilians). From 2001 to 2012, 2,599 more people were killed, 1,267 of whom were MILF forces; 491 were AFP/PNP, and 841 were civilians. For the same period, a total of 2,999 were wounded, 237 of whom were MILF forces; 1,089 were AFP/PNP, and 1,673 were civilians.

Aside from this, at least 1,500,000 people were displaced because of the ongoing conflict in different parts of the country including Metro Manila where our Muslim brothers and sisters are forced to live far away from their mother land and, in most cases, separate from their families and relatives.

From 1970 until today, the Philippines has already suffered at least P640 billion in economic loses in terms of damages to businesses and properties and loss of potential investments and businesses in the region. Further, the government already spent at least P73 billion in combat expenses.

I agree with some of the dissenters against this Basic Law that this 91-page document is not a miraculous pill that would somehow end all hostilities in Mindanao and usher in a golden era of peace in the region. Centuries of violence, injustice, discrimination, and misunderstanding among our brothers and sisters in Mindanao will not be magically swept away once we pass this bill on Third and Final Reading and hopefully, once enacted into law. What we offer through this substitute measure, however, is the chance to achieve peace by addressing all these issues and thrusting them into the public consciousness...

Franklin D. Roosevelt once said: “The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have little.”

What we have here now is the chance to address the plight of our brothers and sisters in Mindanao; provide them with the means and opportunity to ascend and create a truly autonomous community suitable to their culture and needs; and repose in them our nation’s trust that the proposed Basic Law for the Bangsamoro Autonomous Region would answer the Mindanaonon’s needs in a more efficient, inclusive and timely manner. These are the first, small steps towards achieving lasting peace in Mindanao.

Peace in Mindanao will not be achieved if we pass this measure today. Peace may not even be achieved a month, or even a year after this bill becomes a law.

But I assure my esteemed colleagues and the Filipino people—this bill will provide the groundwork on which the foundations for peace and development in Mindanao shall be laid.

This bill will address centuries of inherited disadvantages suffered by our Muslim brothers and sisters; erase the accretions of antipathies against Muslim brothers and sisters; and be an affirmative action to correct centuries of neglect and injustice on our Muslim brothers and sisters.

I am from Mindanao! I wish to see the day that children of Muslims and indigenous peoples will have the same opportunities as the Christian children in education, health and employment. And that they not be judged because of culture and religion but as human beings.

I wish to see the day that no one will be left behind; no Muslim will be left behind in enjoying the blessings and fruits of development in our beautiful Island of Mindanao.

In conclusion, I urge my colleagues to support lasting peace in the Bangsamoro Autonomous Region, enhance the economic development of the Bangsamoro Area and Mindanao, and ensure the inclusive growth of the entire Philippines.

Be on the right side of History!

-------------------Rep. Rufus Rodriguez obtained his law degree from UP. Email him at rufusrodriguezlaw@pldtdsl.net or khorrbr@gmail.com.

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 23

Mindanao Webs and Dominoes... continued from page 24 But everything went the opposite way of these fears.

During the actual graduation rites. many people attended the ceremony.

Iqbal had no MILF personnel by the dozens with him. He delivered a speech, received the award, and traveled outside the city after the event.

There was never a single chaotic incident on that day.

A day before the commencement exercises, Balay Mindanaw Foundation, Inc. invited Iqbal for a multi-sectoral conversation inside the Archbishop’s Palace of Antonio Ledesma, the Archbishop of the Archdiocese of Cagayan de Oro, and also a peace and environmental advocate himself. Iqbal talked about his vision for the Bangsamoro and listened to the concerns and fears of those who have heard negative stories.

I was also there, but instead of feeling threatened or bothered, the exchange of words only warmed my personal desire to continue to enlighten the people that the Bangsamoro is not only about them, but is also about us and our history as Filipinos.

Meanwhile, the film “moro2mrw” (Hinabing Kasaysayan ng mga Anak ng Gabon/Woven Narratives of the Children of the Fog) written and directed by Gutierrez “Teng” Mangansakan II was denied funding and support by the Film Development Council of the Philippines (FDCP) for fear that the

“On the contrary, with all the rage and hate, a film on the Bangsamoro can shed light on the lives, struggles and longings of a people who are least understood,” he added.

“For FDCP to decide with prejudice and rescind its support to the project speaks of their profound paranoia, bigotry and ignorance. An insult to me and also to the men and women of ARMM and the Bangsamoro,” Mangansakan wrote.

Despite the lack of support, Teng continues to call for donations from his friends and supporters and is continuing production.

The “profound paranoia, bigotry and ignorance” is likely to be the toxic ingredients that blew out of proportion the Mamasapano incident and imperilled the passage of the BBL in Congress.

And these toxic ingredients are personified by Sen. Alan Peter Cayetano, who has turned every Senate inquiry into a stage to showcase his apparent political ambitions for 2016. He once supported the BBL but was quick to withdraw his support after what happened in Mamasapano without even fully investigating the matter and thinking it over; such a typical distinction of a traditional turncoat politician.

Not only does he demonize hope for a group of people; he also blurs the lines between fact, fiction, and hearsay.

Drawing lines: Is it really religion, culture, politics?

Archbishop Ledesma’s Easter Sun-

Photo by: Nef Luczon

ulama are one in calling for peace and reconciliation, and an end to armed conflicts in Mindanao,” he said.

But how saddening and unfortunate it is, when on the world stage, hundreds of Christian students in a university in Kenya were murdered by “Islamic” extremists on Easter Sunday. This is where the major challenge starts. The struggle can be very real to a Muslim tagged with terrorism, and more so for a Moro who belongs to an Islamized ethnic group in Mindanao who once shared the island with the Lumad, the indigenous peoples with tribal or traditional beliefs.

The problem begins when some people make hasty generalizations: Islam - Muslim - Terrorism - Moro - BBL - unpeaceful - chaos. Many times have I tried to enlighten the public through my articles and sporadic pronouncements in social media, to better understand the contexts and nature of it all. I can understand, and even respect, if one does not agree with the BBL based on political and legal interpretations and if he or she was able to read the draft. But I cannot understand why other people insinuate that this is because of the “teachings of Islam,” which is to rebel against, or even kill Christians.

Islam has nothing to do with the BBL. It so happened that the Moros are Muslims and they long for self determination in the western part of Mindanao. It is the same with the Lumad who also want to reclaim their ancestral domains from plantations and mining companies in the central and eastern part of the island. It is also the same struggle when other Filipinos opposed Spanish, American and Japanese rule. It matters not, what your religion is.

The current Moro struggle ignited when the Jabidah massacre happened in 1968 when President Ferdinand Marcos was in power. The Moro struggle did not start when Osama Bin Laden bombed the Twin Towers on September 11, 2001, an event that changed the world’s perspectives on Muslims in general. Although dissenters like the BIFF and Abu Sayyaf had ties with terrorist groups like Al-Qaeda (and probably the newest, the Islamic State), the BBL was not drafted to cater to the “extremist” ideals of Islam. Extremism/fanaticism is in fact a by-product of a twisted, if not blasphemous, interpretation of Islam itself.

Some people would argue that, unlike Christianity, Muslims spread terrorism and kill non-believers “in the name of God,” which is true of the extremists. But didn’t the Spaniards introduce Christianity in the Philippine islands also “in the name of God,” behind which was an agenda of subjugation for land and gold in the name of King Philip II? The “fear” of Moros is undoubtedly

Inside the Archbishop's Palace: MILF chief peace negotiator Mohagher Iqbal stands in front of other guests coming from the different sectors to answer questions about the BBL, a day before receiving an award from Xavier University-Ateneo de Cagayan for his role in the peace process. With him is Balay Mindanaw Foundation, Inc. official, Kaloy Manlupig (right), Archbishop Antonio Ledesma and Msgr. Rey Monsanto, spokesperson for the Archdiocese of Cagayan de Oro.

film’s theme would be “divisive.”

“How can a singular film that speaks of the aspirations of the Bangsamoro be painful and divisive? Manila has produced countless films that debased the Bangsamoro, films that were insensitive and ignorant of our history, culture and religion, insulting not only to the Muslims of this country but also to the intelligence of every thinking Filipino,” he wrote on his Facebook wall.

day message last April 5 did not only address Christians but also everyone else who is going through a lot of grief lately. In his “Ten Easter Challenges for Peace in Mindanao,” he re-stressed that Christianity and Islam are both religions of peace.

“In their sacred scriptures, the call for peace is strong and persistent: ‘Blessed are the peacemakers…’ In our interreligious dialogues, bishops and

the result of three centuries of Spanish colonization of the Philippines. It is a fear passed on from one generation to the other, propaganda that brainwashed Christianized Filipinos that is now hard to pry loose from the subconsciousness of many today.

It is a challenge for journalists and media practitioners like me to be fair and objective in dealing with this matter so that they can explain to the public the entire situation from an unbiased point of view or at least lead them in understanding the different contexts first before jumping to conclusions that may result in another disastrous course of action.

But after the Mamasapano incident, even journalists are divided, that is why there have been round-table discussions among peers and colleagues to flesh out the differences and address the matter.

But the REAL Mindanao is...

A paradise. My homeland is a poetry of diversity and you cannot appreciate it if you cannot commune with the people and its traditions. Living and having property alone in Mindanao will not guarantee full understanding of its complexities; it requires an open mind and the ability to communicate, not with arrogance but with humble understanding.

Whether the BBL will be passed or not, it will not put an end to the people of Mindanao’s right to struggle and to dream. There will be more stories that will be woven in the voices of men, women and children of Mindanao, stories that can be shared with every Filipino from all walks of life. There will be stories of sweet success, as there will be stories of sad realities that are anchored in corruption and malpractice.

The real Mindanao may not be perfect, but it is still a paradise that deserves peace. This may be hard to follow, as there will be challenges and obstacles that test its validity and endurance. But nevertheless, the first step must be taken.

The Filipino nation may still be skeptical about the dawn of the Bangsamoro because of what happened in Mamasapano, and the people of Mindanao may have divided views, too, on the matter.

But I know a number of Mindanaoans— Christians, Muslims, Lumad and even those who have no religious affiliation—who are working hard to end the decades-long conflict brought about by generations of misinformation, miscommunication and ignorance. We cannot allow another massive war to happen, even if they euphemistically call it an “all-out offensive.”

The real Mindanao is not just about armed conflicts, displaced civilians and the death of innocents. It is also about addressing the social issues which have remained unsolved by the different sectors in society, not just the government. Until now, there are still children unable to finish their elementary and high school education, much less go to continued on page 22

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Mindanao Webs and Dominoes Nef Luczon

M

the nation was awakened to realities that acknowledge its imperfections.

I hope that someday, through this story, my voice can be heard and I will be able to express my own perspective about Mindanao, my home.

been opened anew by questions about the Bangsamoro Basic Law (BBL) that was brokered by the Philippine government and the MILF in the Comprehensive Agreement on the Bangsamoro, supposedly, as a stepping stone towards peace in the island.

But even in the concept and definition of peace, the nation, including the people of Mindanao, was divided. The division was so critical that it caused gaps inside the home and family—with some hoping that the BBL should be given a chance so the Bangsamoro dream may live, and some seeing it as a sinister precedent of worse things to come in the future for the island.

That one friend of yours whom you share the same fandom for a basketball team with may not share your sentiments about peace through BBL. Even

turbed” but also a part of Cagayan de Oro City’s population.

Xavier University President Fr. Roberto Yap explained that the decision to award the three, in this year’s commencement exercises, was meant to recognize them for continuing the peace efforts in Mindanao and in acknowledging the Bangsamoro people as part of the Filipino nation. He also said that this was decided in November 2014, two months prior to the ill-fated incident in Barangay Tukanalipao, Mamasapano town, in Maguindanao province.

There was an atmosphere of discomfort for those who had not yet recovered from the “mis-encounter” in Mamasapano. These were the people who were also against the passage of the BBL on the argument that the MILF cannot be trusted based on the

Requiem for ALL deaths “Inna lillahi wa inna ilayhi raji'un (surely we belong to God and to Him shall we return).” This is a phrase in the Qur’an that is recited by Muslims when a person they know, or friends and relatives, experience tragic circumstances such as death.

Anyone who lost a loved one will eventually mourn, more so if a loved one’s death was untimely, or his life was taken away in an undignified manner as in butchery or massacre.

The Mamasapano incident caused 60 deaths, a sum that surpasses the figures of the 2009 Ampatuan massacre.

But the most mourned are the 44 SAF members, whose death sparked public outrage.

The people’s wrath was also fueled by the proliferation of videos in social media on how the SAF men were killed.

Someone, or some people, should be accountable.

But how about the civilian casualties? Even they were accused as coddlers of the terrorists Marwan and Basset Usman, whom the SAF men had been tasked to capture that day.

And how about the dead Members of the Bangsamoro Transition Committee led by Prof. Aboud Sayed Linga (seated, left) BIFF and MILF members? It talks with the members of Cagayan de Oro media practitioners on February 21 as part of the media is hard to mourn for them, unround-table discussion series organized by Mindanews and its partners. less one is a close relative or a friend, especially when they political allies are divided. bloody results and the idea that why appear to be the villains of this story.

When President Benigno Aquino, Jr. they are collaborating with the BIFF BBL, Peace and the Great Divide and the members of the Board of Trustand coddling suspected terrorists.

The Mamasapano incident made ees of Xavier University (XU) - Ateneo Some Kagay-anons feared that Iqbal ripples in the social consciousness de Cagayan conferred on March 26 the may bring along MILF men as bodyof the many. It brought back to life Fr. Masterson Award on Presidential guards, and some parents were trying complicated issues that eventually led Advisers on the Peace Process, Teresita to decide whether or not to attend the to divisiveness.

Deles and Miriam Ferrer, and MILF graduation rites with their sons and chief peace negotiator Mohagher Iqbal, It also brought back talk about daughters. And there were city-wide it wasn’t just the Ateneo community, Mindanao. The wounds of decades of security measures, “just in case.” including its alumni that were “disarmed conflicts and injustices have continued on page 23 Photo by: Jonathan M. Macas

anong Andres sits in the balcony of his small house letting the heat of the sun, as well as time, pass by. His calloused feet, a testament of his hard work in the fields, rest on the polished wooden floors that remind him of his age and previous exploits.

“Basking in the humid air, he listens to the portable radio and alas: it is a perfect timing when Coritha’s ‘Sierra Madre’ starts to play, for this is Manong Andres’ favorite, while looking blankly at the nearest mountain range he can see from his balcony.

“Some tears fall, although he tries to contain them. He misses Cagayan Valley, his birthplace. He longs to be back in the town where he grew up, but not anytime sooner.

“The reminiscing is cut short when his attention is called by a female voice, the tone of which is derived from anxiety. He turns off the radio and stands up, going towards the source of the voice. There he sees a very familiar face, and a mixture of delight and confusion overtakes him.

“For three years he has neither seen nor heard about her, until now. Ailene, his middle daughter, is in Manong Andres’ front yard.

“Ailene now wears a long skirt and a long-sleeved blouse, and most notably the cloth that covers her hair and head, which religious folk know as a hijab. She is not alone though. Beside her is a girl clutching obviously too shy to look at Manong Andres. The girl’s name is Nur Ainee.”

The above is an excerpt from a screenplay that is currently a work in progress. Interestingly, it was conceptualized about a month after the Mamasapano incident on January 25, that led to the demise of the 44 members of the Philippine National Police - Special Action Force (PNP-SAF) and some casualties from the Moro Islamic Liberation Front (MILF), the Bangsamoro Islamic Freedom Fighters (BIFF) and civilians near the area of the “mis-encounter.”

Perhaps almost everyone by now is familiar with this story. There have been many voices as well as perspectives, some as old as time can remember, some suddenly emerging out of nowhere.

Because of the Mamasapano incident,