Studying the Bangsamoro Basic Law
ANOTHER major milestone was recently reached in the process of implementing the Comprehensive Agreement on the Bangsamoro (CAB) that was signed on March 2014. On September 10, 2014 the proposed Bangsamoro Basic Law (BBL) was finally transmitted to the Philippine Congress with no less than President Benigno Aquino III himself in attendance.
Although the CAB implementation has been delayed given that the original road map was for the BBL to be deliberated on, passed and ratified in 2014, the significant progress reached in the peace process involving the Moro Islamic Liberation Front (MILF) cannot be denied.
After all, less than two years had passed from the time the Framework Agreement on the Bangsamoro (FAB), the fundamental document that signaled the positive outcomes of the 30-year peace talks between the Government of the Philippines and the MILF, was inked on October 2012, and the submission of the Bangsamoro bill by the second week of September this year.
This progress is not without its share of controversy: the first BBL draft prepared and submitted by the Bangsamoro Transition Commission (BTC) encountered reactions from a critique prepared by a group under MalacaƱang. Subsequently, this led to a three-week workshop between government and the MILF to hammer out a more acceptable version. Presumably, the document that got submitted to Congress, and which is now known as House Bill 4994, came from this process.
Early on, groups that have been observing the peace process had warned about leaving the peace process to the elite-whether the conservative economic and political elite that have gained dominance over the formal bodies of government such as Congress, or the technocratic elite who have mastered technical processes and language and can shape these to their interest. It is very important then that the review, analysis and debate about HB 4994 are not left to Congress; and that communities, particularly the Bangsamoro grassroots communities that bore the brunt and burdens of the "unacceptable status quo" and the wars that it spawned, are able to participate in, speak out about, and shape the BBL that will be subjected to a plebiscite.
How then can Bangsamoro farmers, fisherfolk, workers, urban poor, women, youth, and other groups, and the indigenous peoples like the Teduray, Lambangian, Dulangan Manobo, B'laan and the Higaonon be supported in this process?
The University Community Engagement and Advocacy Council (UCEAC) of the Ateneo de Davao University (AdDU) recently conducted a Study Session on the BBL to generate initial analyses about the bill from disciplines such as political science, anthropology, Islamic studies, philosophy, theology, human rights, political law and taxation law, with the future recourse of enabling others to understand and respond to the bill.
Led by AdDU University President Fr. Joel E. Tabora, SJ the discussants conversed about the need to clarify provisions in HB 4994, put together specific even if indicative recommendations, and articulated concerns about the bill. For instance, it was pointed out that the term "Bangsamoro" was used in various ways in the document: as territory (geographic area), as people (which could mean inhabitants, citizens, or electorate) and as governing body (political entity). Atty. Romeo Cabarde stressed the need for precision and consistency in the use of the term as such could have implications that are exclusionary and homogenizing. Other terms found in the bill that would have to be explained to the public include but are not limited to: asymmetric, exclusive powers, and Wali. Atty. Faye Risonar-Bello observed that while the Basic Rights provisions (Article IX) were comprehensive in scope, a lot rides on how these are eventually translated into specific laws. Datu Mussolini Lidasan and Ustadz Janor Balo provided inputs that helped put the provisions on the Wali (Article VIII) in perspective. Nonetheless, the reference to "titular head" and "ceremonial functions" had Fr. Tabora, SJ wondering if "cultural head" would be a more appropriate phrase, which would take the provision into cultural and secular, rather than religious grounds. In the thinking of Dr. Augusto Gatmaytan, recurring apprehensions about indigenous peoples in the Bangsamoro areas would have been addressed had HB 4994 explicitly stated respect for IP rights to self-determination and ancestral domain, or recognition of the Indigenous Peoples Rights Act (IPRA). While appreciative of the spirit of Article X Section 27 ("It shall be the policy of the Central Government that at least one [1] justice in the Supreme Court and two [2] justices in the Court of Appeals at any one time who shall be qualified individuals of the Bangsamoro territory") Atty. Arnold Abejaron pointed out that the measure would be less contentious if it is argued from a position of "treatment as equal" rather than "special treatment".
Fr. Tabora, SJ urged those who would review the Bangsamoro bill to study with insight and not just apply a literal reading. My own take is that the very nature of HB 4994 requires that we look at it not just by harnessing the talents and contributions of different disciplines, but also keeping in mind some vital questions. As Dr. Gatmaytan put it, so vital is the BBL that in the future it could become a model for indigenous peoples and others aspiring to assert their comprehensive rights.
Here is a list of initial questions that I, a Mindanawon and long-time believer and supporter of the right to self-determination of the Bangsamoro and indigenous peoples, will be using as I continue to study the Bangsamoro Basic Law bill:
1. Fidelity with the intentions of the CAB. The BBL is supposed to translate into law the agreements contained in the CAB. To what extent does the bill achieve that? What, if any, in the provisions of the CAB have not been picked up by HB 4994 or was done so inadequately?
2. Alignment with national instruments. The BBL once promulgated will form part of the body of laws of the Philippines, particularly the Philippine Constitution. What, if any are the points of contention? What measures can realistically be taken to address the concerns?
3. Creating the conditions for transformation. The CAB is premised on the unacceptability of the status quo in the Bangsamoro areas. Does the scope and contents of the bill create the conditions for transforming the situation in the Bangsamoro to one where--going by the declared Preamble of the bill itself--there is "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"? What are the provisions that ensure that each of these desired elements are pursued when the Bangsamoro territory and political entity are in place?
4. Learning lessons from other experiences. The BBL will establish a political entity that will replace the Autonomous Region in Muslim Mindanao (ARMM), which has been generally assessed as a "failed experiment". How has the Bangsamoro bill addressed the lessons from the 25 years of existence and operations of ARMM?
5. Addressing governance challenges. As a political entity, the Bangsamoro will likely face the same governance challenges as the rest of the country. What are the measures in the BBL for addressing graft and corruption, warlordism and private armed groups, and political manipulation that disenfranchises citizens and consolidates power and control for a few?
6. Promoting inclusivity and addressing divides. The peoples in the Bangsamoro are many and diverse. To what extent does the BBL recognize, support and celebrate the diversity of the peoples in the Bangsamoro, not just pertaining to the non-Islamized indigenous peoples but even within the 13 ethnolinguistic groups widely regarded as Muslim tribes? There are also other frontiers of identity and grouping beyond ethnicity. What are the social sectors acknowledged in the Bangsamoro bill? To what extent does the bill look into marginalized sectors such as those defined by their sexual orientation and gender identity and expression?
7. Protecting the environment. The Bangsamoro covers ecological systems that are not only diverse but are also under severe threats from exploitation, resource depletion and pollution. Since the future of the region and its peoples will heavily depend on these systems, what are the provisions concerning resource conservation, use and management, and are they adequate?
For those who are still in the course of discerning, at a certain point, before we are preoccupied with the search for the right answers, it is also time well spent to invest efforts in getting the questions right. And equally important as arriving at the answers, is the quality of the discourse that marks the getting there.
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