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Bangsamoro Basic Law

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First reading
  
14 September 2014

Bangsamoro Basic Law

Citation
  
Bangsamoro Basic Law, Bill No. 4994 of 11 September 2014 (in English). Retrieved on 22 May 2016.

Introduced by
  
Feliciano Belmonte, Jr., et al.

The Bangsamoro Basic Law, often referred to by the acronym " BBL" (Filipino: Batayang Batas para sa Rehiyong Awtonomo ng Bangsamoro), was a bill deliberated upon by the 16th Congress of the Philippines which, had it passed, would have established a proposed new autonomous political entity known as the Bangsamoro Autonomous Region, replacing the current Autonomous Region in Muslim Mindanao (ARMM).

Contents

As an organic act, the Basic Law would have provided for the basic structure of government for the Bangsamoro Autonomous Region, and enacted the agreements set forth in the Comprehensive Agreement on the Bangsamoro, which is the peace agreement signed between the Government of the Philippines and the Moro Islamic Liberation Front in 2014.

Parts of the proposed law

The various portions of the BBL as proposed by the Bangsamoro Transition Commission which had been assigned to draft the bill include sections covering:

  • General Provisions
  • Bangsamoro Identity
  • Bangsamoro territory
  • Political Autonomy and Bangsamoro Government
  • Inter-Governmental Relations
  • Bangsamoro Justice System
  • Public Order and Safety
  • Fiscal Autonomy
  • Economy and Patrimony
  • Natural Resources
  • details of the plebiscite that would lead to ratification of the BBL
  • and the details of the Bangsamoro Transition Authority that would be set up in the meantime
  • Legislative process and replacement bills

    The draft of the law was submitted by President Benigno Aquino III to Congress leaders on September 10, 2014.

    An Ad Hoc committee assigned to the bill by Philippine House of Representatives passed its version of the bill, House Bill 5811, on May 20, 2015. The bill is now under interpellation in the house plenary.

    In the Philippine Senate, a revised version of the BBL, known as the Bangsamoro Autonomous Region Law (Senate Bill 2894), was presented on August 11, 2015 after lengthy deliberations on the BBL in the Committee on Local Government, and was due for interpellation on August 17, 2015. Due to the length and complexity of the bill, however, the senate temporarily deferred the period of interpellation for the bill. The 16th Congress went on recess without passing the bill on February 2, 2016. The bill was shelved and will not be taken up by the 17th Congress of the Philippines. Instead the bill would be subsumed by the proposed federalism.

    The Framework Agreement on the Bangsamoro

    On 15 October 2012, a preliminary peace agreement was signed in the Malacañan Palace between the Moro Islamic Liberation Front and the Government of the Philippines. This was the Framework Agreement on the Bangsamoro, which called for the creation of an autonomous political entity named Bangsamoro, replacing the Autonomous Region of Muslim Mindanao (ARMM).

    The signing came at the end of peace talks held in Kuala Lumpur in Malaysia from 2–6 October. These talks were the last of 32 peace talks between the two parties, which spanned a period of nine years.

    Annexes and Addendum

    The Framework Agreement was later fleshed out by four Annexes and an addendum:

  • The Annex on Transitional Modalities and Arrangements - established the transitional process for the establishment of the Bangsamoro, and detailed the creation of the Bangsamoro Transition Commission, the Bangsamoro Transition Authority, and the Bangsamoro Basic Law. This Annex was signed on Feb. 27, 2013.
  • The Annex on Revenue Generation and Wealth Sharing - enumerated the sources of wealth creation and financial assistance for the new Bangsamoro entity. This Annex was signed on July 13, 2013.
  • The Annex on Power Sharing - discussed intergovernmental relations of the central government, the Bangsamoro government and the local government units under the Bangsamoro. This Annex was signed on Dec. 8, 2013.
  • The Annex on Normalization - paved the way for the laying down of weapons of MILF members and their transition to civilian life. Normalization is the process through which the communities affected by the conflict in Mindanao can return to peaceful life and pursue sustainable livelihood. This Annex was signed on Jan. 25, 2014.
  • The Addendum on the Bangsamoro Waters and Zones of Joint Cooperation - Signed on Jan. 25, 2014, this addendum detailed the scope of waters under the territorial jurisdiction of the Bangsamoro (12 nautical miles from the coast), and Zones of Joint Cooperation or bodies of water (Sulu Sea and Moro Gulf) within the territory of the Philippines but not within the Bangsamoro.
  • The Comprehensive Agreement on the Bangsamoro

    On 27 March 2014, a final peace agreement fully fleshing out the terms of the framework agreement and annexes, known as the Comprehensive Agreement on Bangsamoro (CAB) was signed between the two parties. Under the agreement, the Islamic separatists would turn over their firearms to a third party, which would be selected by the rebels and the Philippine government. The MILF had agreed to decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In return, the government would establish an autonomous Bangsamoro. Power sharing was a central point to the autonomy redesign.

    The Mamasapano clash and public reaction

    On Sunday, January 25, 2015, three platoons of the elite Special Action Force (SAF) under the Philippine National Police entered the guerrilla enclave of Tukanalipao, Mindanao, Philippines, with the goal of detaining two high-ranking Jemaah Islamiyah-affiliated, improvised-explosive-device experts, Zulkifli Abdhir (also known as Marwan) and Abdul Basit Usman. The SAF troops raided the hut where they believed Marwan was located, and the man they believed to be Marwan engaged them in a firefight and was killed. However, the shooting alerted armed forces in the area. What followed was a bloody encounter that left 44 SAF, 18 MILF, and 5 BIFF dead.

    Supposedly as a result of the negative media coverage arising from the Mamasapano incident, the March 2015 survey conducted by public opinions polling group Pulse Asia found that 44% of Filipinos were opposed to the Bangsamoro Basic Law's passage, with only 22% supporting its passage. Opposition to the law was strongest among the poor (45% in Class D, 43% in Class E) and among those living in Mindanao (62%). Awareness of the law was high, at 88%.

    With the collapse in popularity of the bill, House Speaker Feliciano Belmonte, Jr. acknowledged the prospect that the bill may be rejected by Congress in the face of stiff public opposition, and hoped that the government would produce a "Plan B".

    References

    Bangsamoro Basic Law Wikipedia