Sidebar | Peace Council presents BBL report

Read article: Former Chief Justice to Congress: ‘Be peacemakers, peace builders’

FOLLOWING THE call by President Aquino to respected citizen leaders to convene an independent group that will scrutinize the proposed Bangsamoro Basic Law (BBL), the members of the Peace Council constituted themselves into clusters to identify and study potentially contentious issues in the draft law.

The clusters are headed by former Chief Justice Hilario Davide Jr. (Constitutionality, Forms and Powers of Government Cluster), businessman Jaime Zobel de Ayala (Economy and Patrimony Cluster), Ambassador Howard Dee and Bai Rohaniza Sumndad-Usman (Social Justice and Human Development Cluster), and Retired General Alexander Aguirre and former Education Secretary Edilberto de Jesus (Human Security [Peace and Order] Cluster).

The Peace Council presented its report before the House Ad Hoc Committee on the BBL lead by Congressman Rufus Rodriguez on April 27, and before the Senate Committee on Local Government headed by Senator Ferdinand “Bongbong” Marcos Jr. on May 5.

The Council’s report was later presented in a public forum facilitated by the Alternative Law Groups in partnership with Oxfam at the Luxent Hotel in Timog Avenue, Quezon City on May 7.

Focus on constitutionality issue

The media mainly reported on the constitutionality of certain provisions of the BBL that lawmakers said infringe or usurp the powers and functions of the Central Government as specified in the 1987 Constitution.

Some lawmakers mentioned provisions in the BBL that seek to separate Commissions on Audit, Elections, Civil Service, and Human Rights, and an Office of the Ombudsman in the planned Bangsamoro region, pointing out that a law that will duplicate the functions of already existing constitutional bodies cannot be passed (The Philippine Star, “Congress eyes BBL passage in June,” May 5).

But Davide assured lawmakers that the provisions “were created with the goal of supplementing, not supplanting the work of their national counterparts.”

To show that the Bangsamoro bodies are “not exclusive powers but concurrent powers meant to be exercised in a coordinative and complementary manner,” the Council report recommended the inclusion of the clauses “without prejudice to the powers, authorities, and duties” of the National Constitutional bodies (for the civil service and the auditing bodies), and “shall have coordinative and complementary relationship” (for the Human Rights Commission).

It also proposed that the phrase “without prejudice to the powers of the CSC and the Ombudsman” be inserted in Article V, Section 2(8) to address the Ombudsman’s concern regarding diminishing of mandate over public officials and employees.

The report concluded that the parliamentary setup of the Bangsamoro Government is compliant with the requirements of the Constitution. But refinements for consistency and clarity were also recommended. Article IV, Section 2 referred to the Bangsamoro Government as “parliamentary” but used the term “ministerial form of government” in Section 3 of the same article. The report recommended that the term “ministerial” be replaced with the word “parliamentary” to avoid confusion and possible misinterpretation.

Some congressmen also objected to the so-called “opt-in” provisions of the draft law (Article III, Section 3 and Article XV, Section 4) that allows contiguous territories in the region to join the Bangsamoro upon petition of at least ten percent of registered voters and approval by majority of qualified votes in a plebiscite. The Council recommended its deletion.

Davide clarified that the power to expand the territory of a regional or local government unit belongs to Congress (The Philippine Star, “Peace Council asks lawmakers to pass BBL,” April 28).

Bangsamoro not a separate state

Fears of creating a new state under the BBL were also reported by the media. But Davide said “there is no basis for such fear” (The Philippine Star, “Peace Council: BBL adheres to Constitution,” April 27).

Citing the Council’s report, Davide said the BBL “does not vest statehood to the Bangsamoro Government.” According to the report, defining the term “Bangsamoro People” does not create a new citizenry or nationality. Neither does defining the “Bangsamoro territory” create or imply an independent state. The right of self-determination is a right of all peoples and is not equivalent to the right to statehood, said Davide.

The report also clarified a Bangsamoro Government will not be superior to the central government, or that the central government would be the weaker state.

Davide said there was nothing unconstitutional either about the block grant to the Bangsamoro government, because it is “not akin to the PDAF that was declared unconstitutional by the Supreme Court,” and that it is “similar to the Internal Revenue Allotment (IRA) under the Local Government Code.”

“As regards the fiscal autonomy provisions, we do not find any constitutional infirmity in the provisions of the BBL,” Davide said (The Philippine Daily Inquirer, “Aquino Peace Council: BBL ‘acceptable,’ ‘constitutional,” April 27).

BBL as an opportunity

Although also part of the Peace Council’s report, there were few references in the media regarding the findings of the Economy and Patrimony Cluster.

The Cluster said it “[found] no major contentious issues” in the draft and that most of the potential issues identified are “clarificatory in nature and can be addressed by providing more detailed information on the matter.”

In a presentation by Ayala Corporation Business Development and Innovation head Michael Montelibano during the forum on the Peace Council’s report in May 7, thirteen potential issues were identified, ranging from natural resources, labor matters, infrastructure, to peace and security. Twelve of the 13 he presented “need not be an issue” and only needed further clarification and explanation. He stressed, however, that security is a big concern.

“[Peace and order]—security—is really key. How will we invest capital and money into a business there if there are security issues?” Montelibano said. “How do we safeguard our people who are working there? How do we safeguard the assets of our investors?” He stressed that peace and order situation—a critical challenge—also affects the growth of businesses.

Despite that challenge, the report said the BBL once passed will invite investments into Mindanao which will generate much needed jobs. Jobs are key, the report said. But it also added that it is equally important to ensure employment creation and income generating opportunities for the people of the Bangsamoro.

However, the Bangsamoro region has to build its workforce capacity, the report said. It estimated that over 600,000 adults are illiterate and “cannot be part of inclusive growth if they remain unemployable or unable to avail of productivity improvement programs due to lack of comprehension.” Proper training will be needed for the citizens of the region, most especially the leaders who will govern, and the professionals who will run the civil service. Such can be provided by the private sector through functional literacy, internships, and skills development training.

Improving the physical infrastructure of the region should also be high on the development agenda, it added. The region’s water, land, and air transportation facilities need substantial improvement, which also need to be integrated into a more seamless logistical network linking production to supplies and markets.

Most importantly, there is a need for engagement between the Bangsamoro and the country’s business community to bring more investments into Mindanao. Manila’s business community must engage more with the Bangsamoro leadership as part of confidence-building, the report said.

Social justice for all

The media barely reported, much less discuss, the Social Justice and Human Development Cluster’s findings. Only a few reports managed to mention some of the Cluster’s recommendations (The Philippine Star, “BBL to protect indigenous peoples’ rights,” May 1; Philippine Daily Inquirer, “Peace Council wants more seats allotted for women IP in Bangsamoro parliament,” May 6).

In the same forum on May 7, Francis Dee, executive assistant to Ambassador Howard Dee, said the Cluster’s recommendations are mostly refinements of BBL provisions. He also said that the BBL “is a social justice issue,” reiterating that “historical injustices are yet to be rectified.”

Dee also said that the BBL is replete with references to social justice, and that social justice is the framework of the draft law.

The recommendations by the Cluster include defining the terms “Non-Moro Indigenous Peoples” and “Fusaka Inged,” the addition of an article defining social justice in accordance with the Philippine Constitution, and the inclusion of an additional section dedicated to the poorest of the poor with regards to attaining social justice.

The Cluster also recommended the inclusion of Peace Education as an integral part of the educational system to be adopted in the envisioned region, along with topics like Bangsamoro history, culture, and identity, to eliminate prejudice and halt the marginalization of the Bangsamoro people.

An increase in the number of reserved seats for marginalized sectors was recommended for better representation of the youth, women’s, and indigenous peoples’ sectors.

Special concerns regarding non-Moro indigenous peoples communities affected by the BBL were also raised. The tribal leaders were one in their desire that their rights under the Indigenous Peoples Rights Act (IPRA-RA 8371) and other laws are “reasserted, recognized, and protected,” in the BBL.

The Cluster suggested that a separate article be devoted to the recognition, protection, and promotion of non-Moro indigenous peoples’ rights. It also recommended that a more complete enumeration of non-Moro indigenous peoples’ rights be added to the BBL.

Peace and Security in the Bangsamoro

Peace and order in Mindanao is an important factor in the development of the region, said the Economy and Patrimony Cluster. But even this aspect is not without problems.

Lawmakers questioned provisions that require the Armed Forces of the Philippines to coordinate with the Bangsamoro government. Article XI, Section 17 states that coordination protocols, “which shall govern the movement of the Armed Forces of the Philippines (AFP) in the Bangsamoro” shall be established by the Central Government and the Bangsamoro Government. Concerns were raised that the provision limits the ability of the AFP to perform its duties.

The Human Security Cluster’s report, however, clarified that vesting the primary responsibility for security to the Bangsamoro region is enshrined in a principle the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) agreed to in the Framework Agreement on the Bangsamoro (FAB).

The report suggested that the provision be amended to read “…shall govern the movement of the AFP in the Bangsamoroin such a way that the capability of the AFP to accomplish its duty and mission is not impaired.”

The Cluster also said it saw the need to emphasize that the Bangsamoro Police contemplated by the BBL will be under the Philippine National Police (PNP), and that the Bangsamoro Command of the AFP will be under the direct supervision of the AFP Chief of Staff. It also said that the best way to resolve questions about Bangsamoro security is “to fill the gaps in the existing relationship between the AFP and the PNP.”

Trust issues

The Cluster report also discussed the issue of trust provoked by the Mamasapano incident which took the lives of 44 SAF commandos, 18 MILF members, and at least five civilians. It said the general perception of the MILF’s culpability created a lack of trust against the revolutionary group in particular, and autonomy in general.

“If not for this (Mamasapano), the hindrances for the passage of the BBL wouldn’t be so much,” said former Education Secretary Edilberto de Jesus in Filipino.

Rebuilding and regaining trust in the peace process is important. But to do so, “parties to the conflict must be willing to suspend suspicion long enough to make negotiations productive,” de Jesus said. He added that in doing so, we must also recognize the impact of the incident when discussing security issues. But the problem, as he pointed out, is that by its nature, the conflict being resolved “breeds mistrust.”

Borne out of the issue of trust is the fear of secession. According to the report, some sectors raised the fear that “the BBL contains no commitment or assurance that the MILF or the Bangsamoro Government will not secede from the country in the future.” It also surfaced during the draft law’s deliberation in the Senate.

But the report clarified that engaging in the peace process itself makes it difficult for the MILF to gain international recognition—a necessary requirement to gain full sovereignty. By signing agreements with the government, the MILF has bound itself to the process, it added.

The Cluster concluded that the best way to re-establish trust is to pursue the peace process and the BBL.

“Signing the peace agreement does not, by itself, ensure peace. But it makes possible the reduction of violence, and creates space for reconciliation,” de Jesus said.

As for the fear of secession, the report concluded that the best protection against secession is the passage and effective implementation of the BBL “to provide a national environment that allows Muslim Mindanao to develop as a part of a diverse Philippines.”

Normalization and Decommissioning

As for the normalization and decommissioning of the MILF, the report said there were concerns expressed over the lack of a clear and specific timeframe for decommissioning. The Cluster, however, explained that the phasing of decommissioning is tied to milestones in the implementation of the peace agreement. The MILF will proceed with the gradual decommissioning depending on what aspect of the deal has been delivered.

“If we wish to accelerate the decommissioning process, therefore, we should pass the BBL, which is required for the creation of the Bangsamoro Transition Authority (BTA)—a milestone for the decommissioning,” de Jesus said.

Thirty-five percent of the MILF forces and arms will be decommissioned upon the creation of the BTA. However, it will require the passing of the BBL.

Good resource material

The Peace Council report concluded that the BBL is acceptable and deserving of support. But the Council also acknowledged that some of the draft law’s provisions need refinement.

“[We’re] not saying that the BBL should be passed as is. In fact, we are saying that some provisions are problematic,” said ALG National Coordinator and lawyer Marlon J. Manuel.

Manuel hopes, however, that the Peace Council report will be a “good resource material” for legislators in articulating their position, whether for or against passage of the BBL.

“We are hoping, with the Peace Council report, that we can help our legislators be more thorough in their analysis and discussions,” he said.

 

In the interest of transparency and full disclosure:

Former Education Secretary Edilberto de Jesus is the husband of CMFR Executive Director Melinda Quintos de Jesus, and Secretary Teresita Quintos Deles, Presidential Adviser on the Peace Process, is her sister. The space given to Peace Journalism, however, is part of the long term program agenda CMFR has been observing since the early 1990s.