Bangsamoro Organic Law

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Bangsamoro Organic Law
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Congress of the Philippines
  • An Act Providing for the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, Repealing for the purpose Republic Act No. 6734, Entitled "An Act providing an Organic Act for the Autonomous Region in Muslim Mindanao", as amended by Republic Act No. 9054, Entitled "An Act to strengthen and expand the Organic Act for the Autonomous Region in Muslim Mindanao" [1]
Citation Republic Act No. 11054
Territorial extentPlebiscite:
Post ratification:
Bangsamoro
Passed by House of Representatives of the Philippines
PassedJuly 24, 2018
Passed by Senate of the Philippines
PassedJuly 23, 2018
Signed byPresident Rodrigo Duterte
SignedJuly 26, 2018
Effective August 10, 2018
Legislative history
First chamber: House of Representatives of the Philippines
Bill titleProviding 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"
Bill citationHouse Bill No. 6475
Introduced bySpeaker Pantaleon Alvarez, Majority Leader Rodolfo Fariñas, Minority Leader Danilo Suarez et al.
First reading October 3, 2017
Second reading May 30, 2018
Third reading May 30, 2018
Second chamber: Senate of the Philippines
Bill titleBasic Law for the Bangsamoro
Bill citationSenate Bill No. 1717
Member in ChargeSenate President Aquilino Pimentel III et al.
First readingFebruary 28, 2018
Second readingMay 31, 2018
Third readingMay 31, 2018
Conference committee bill passed by House of Representatives of the Philippines July 24, 2018
Conference committee bill passed by Senate of the Philippines July 23, 2018
Status: In force

The Bangsamoro Organic Law (BOL; Filipino : Batayang Batas para sa Rehiyong Awtonomo ng Bangsamoro), [2] also known as the Bangsamoro Basic Law (BBL), and officially designated as Republic Act No. 11054, is a Philippine law that provided for the establishment of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). [3]

Contents

Legislative efforts for the establishment of a Bangsamoro autonomous region was first proposed and deliberated upon by the 16th Congress of the Philippines but failed to pass into law. The issue was taken up once again in the 17th Congress. The legislation was ratified by both the Senate and the House of Representatives on July 23 and 24, 2018 respectively. [4] The bill was finally signed into law by President Rodrigo Duterte on July 26, 2018. [5] [6] The provisions of the law became effective on August 10, 2018. [7]

As an organic act, the basic law abolished the Autonomous Region in Muslim Mindanao (ARMM) and provided for the basic structure of government for Bangsamoro, following the agreements set forth in the Comprehensive Agreement on the Bangsamoro peace agreement signed between the government of the Philippines and the Moro Islamic Liberation Front in 2014. [3]

A two-part plebiscite was held on January 21 (for ARMM areas) and February 6 (for Cotabato and the six municipalities in Lanao del Norte, including areas who petitioned to join the region), creating Bangsamoro and formally abolishing the ARMM.

Parts of the proposed law

The various portions of BBL as proposed by the Bangsamoro Transition Commission which had been assigned to draft the bill include sections covering (but not limited to) Bangsamoro identity, Bangsamoro territory, Bangsamoro government, Bangsamoro justice system, Bangsamoro basic rights, Bangsamoro economic, financial, and fiscal framework and provisions relating transition to the proposed Bangsamoro Autonomous Region. [8]

Legislative history

16th Congress

Following the signing of the Framework Agreement on the Bangsamoro after talks between the government and the Moro Islamic Liberation Front (MILF) in 2012, the Bangsamoro Transition Commission (BTC) was instituted by President Benigno Aquino to create a draft for a Bangsamoro Basic Law. In March 2014, the Comprehensive Agreement on the Bangsamoro was signed which would serve as basis for the BBL. In August, the BTC's second draft was handed over to President Aquino. [9]

The draft of the law was submitted by President Benigno Aquino III to Congress leaders on September 10, 2014. [10] An ad hoc committee assigned to the bill by the House of Representatives passed its version of the bill, House Bill No. 5811, on May 20, 2015. [11] [12]

In the Senate, a revised version of the BBL, known as the Bangsamoro Autonomous Region Law (Senate Bill No. 2894 [13] ), was presented on August 11, 2015 [14] after lengthy deliberations on the BBL in the Committee on Local Government, [14] and was due for interpellation on August 17, 2015. [15] Due to the length and complexity of the bill, however, the Senate temporarily deferred the period of interpellation for the bill. [16] The 16th Congress went on recess without passing the bill on February 2, 2016. [17]

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, where the 44 SAF members were trapped with little ammunition between the rogue BIFF and a group of MILF fighters. A video was released afterwards which showed MILF fighters shooting the feet of a SAF member then shooting the head twice while taking the video. [18] [19] [20]

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. [21] Opposition to the law was strongest among the poor (45% in Class D, 43% in Class E) and among those living in Mindanao (62%). [21] Awareness of the law was high, at 88%. [21]

With the collapse in popularity of the bill, House Speaker Feliciano Belmonte, Jr. acknowledged the prospect that the bill might be rejected by Congress in the face of stiff public opposition, and hoped that the government would produce a "Plan B". [22]

17th Congress

President Rodrigo Duterte (standing, left) receives the result of the plebiscite for the Bangsamoro Organic Law from COMELEC Chairman Sheriff Abas during a ceremony at the Malacanan Palace on February 22, 2019. BOL plebiscite ceremonial confirmation of results 2.jpg
President Rodrigo Duterte (standing, left) receives the result of the plebiscite for the Bangsamoro Organic Law from COMELEC Chairman Sheriff Abas during a ceremony at the Malacañan Palace on February 22, 2019.

The passage of BBL was not initially set to be tackled by the 17th Congress. [23] After being pushed by President Rodrigo Duterte, [24] the Congress began reading BBL for the first time in the House of Representatives (as House Bill No. 6475) and the Senate (as Senate Bill No. 1717) on October 3, 2017, and February 28, 2018, respectively. BBL passed the second and third readings in both the House and the Senate on May 30 and 31, 2018.

Both bills were supposed to be enacted before the third State of the Nation Address (SONA) by President Duterte, [25] with the Senate ratified the bicameral conference committee report on the morning of July 23, 2018, but the House, under the speakership of Pantaleon Alvarez, failed to ratify the bicameral conference committee report before SONA. While the Palace was dismayed by the delayed ratification of the report by the House, [26] Alvarez was ousted from the Speaker's seat and replaced by former President Gloria Macapagal-Arroyo. [27] [28] As promised by Arroyo once she took the Speaker's seat, the report was ratified on July 24, 2018, [29] paving the way for both Bills of the House and the Senate to be transmitted to the President for enactment.

President Duterte signed the Bangsamoro Organic Law on July 26, 2018, [4] [5] [30] after asking for 48 hours during his SONA to review the bill. [31] The passing of BBL will set a precedent for federalism as pushed by the administration.

Ratification through plebiscite

Relevant agreements

The Framework Agreement on the Bangsamoro

On October 15, 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 in Muslim Mindanao (ARMM). [32]

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

Annexes and Addendum

The Framework Agreement was later fleshed out [33] 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 February 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 December 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 January 25, 2014.
  • The Addendum on the Bangsamoro Waters and Zones of Joint Cooperation – Signed on January 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 March 27, 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. [34] 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. [34] The MILF had agreed to decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In return, the government would establish an autonomous Bangsamoro. [34] Power sharing was a central point to the autonomy redesign. [34]

Issues concerning BBL

Indigenous rights

Numerous indigenous groups in the Bangsamoro region do not adhere to Catholicism nor Islam, making them vulnerable to exploitation in a proposed Muslim-controlled regional government. In 2015, various indigenous people groups rejected the formation of the Bangsamoro due to lack of consultation with all stakeholders, especially the non-Muslim indigenous people who form a huge minority in the proposed region, Meaning, they oppose the possible enforcement of the Sharia Law. [35]

Application of Shariah

On July 12, 2018, a bicameral conference committee approved the application of Shariah law to all Muslims in the Bangsamoro Autonomous Region. [36] [37] [38] The Islamic laws shall not apply on non-Muslims, [39] but they "may volunteer to submit to the jurisdiction of Shari'ah courts." [36]

Christian concerns

Roman Catholics and numerous Christian groups form a huge presence in several areas in the proposed Bangsamoro and surrounding areas, notably in Basilan, Cotabato City, the Cotabato region, Zamboanga City, Zamboanga provinces, and Lanao del Norte. Various cities and municipalities, notably Isabela City in Basilan and Zamboanga City have rejected their inclusion in the Bangsamoro region. [40] [41] [42]

Constitutionality

The Philippine Constitution Association believes that the Bangsamoro Organic Law will lead to the destruction and dismemberment of the Philippines. They also view the provision as unconstitutional saying that the constitution must be amended since it only consent to one autonomous region in Mindanao viewing the Bangsamoro Autonomous Region as a distinct political entity to the Autonomous Region in Muslim Mindanao. It also criticized the powers given to the Bangsamoro regional legislature which it says are originally reserved to the Philippine Congress. It also objects to some revenue from taxation going straight to the Bangsamoro region which it says gives "unfair" advantage over other regions. [43]

See also

Related Research Articles

<span class="mw-page-title-main">Moro Islamic Liberation Front</span> Group in Mindanao, Philippines, seeking Moro autonomy

The Moro Islamic Liberation Front is a group based in Mindanao seeking an autonomous region of the Moro people from the central government. The group has a presence in the Bangsamoro region of Mindanao, the Sulu Archipelago, Palawan, Basilan, and other neighbouring islands. The armed wing of the group was the Bangsamoro Islamic Armed Forces (BIAF), although the name of its parent organization, the MILF, was often used to refer to the BIAF. In July, 2018, the Philippine government passed the Bangsamoro Organic Law, giving more autonomy to Muslims. In return, MILF announced that it would disarm its 30,000 fighters.

<span class="mw-page-title-main">Autonomous Region in Muslim Mindanao</span> 1989–2019 autonomous region of the Philippines

The Autonomous Region in Muslim Mindanao was an autonomous region of the Philippines, located in the Mindanao island group of the Philippines, that consisted of five predominantly Muslim provinces: Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi. It was the only region that had its own government. The region's de facto seat of government was Cotabato City, although this self-governing city was outside its jurisdiction.

<span class="mw-page-title-main">Moro National Liberation Front</span> Philippine regionalist organization founded in 1972

The Moro National Liberation Front is a political organization in the Philippines that was founded in 1972. It started as a splinter group of the Muslim Independence Movement. The MNLF was the leading organization among Moro separatists for about two decades beginning from the 1970s.

<span class="mw-page-title-main">Moro conflict</span> Separatist conflict in the Philippines

The Moro conflict was an insurgency in the Mindanao region of the Philippines, which involved multiple armed groups. Peace deals have been signed between the Philippine government and two major armed groups, the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF), but other smaller armed groups continue to exist. In 2017, the peace council settled around 138 clan conflicts.

Autonomous Region in Muslim Mindanao general elections was held in the ARMM for the regional governor, vice-governor posts and election of members of the ARMM Regional Legislative Assembly on August 11, 2008. The electronic voting used is the first in Philippines election history. The ₱500 million COMELEC's "ARMM balloting" is a pilot program for the 2010 national polling.

<span class="mw-page-title-main">MNLF Executive Council of 15</span>

The Moro National Liberation Front Executive Council of 15 is a faction of the Moro National Liberation Front (MNLF) in which the group of 15 leaders forged a unity agreement with the Moro Islamic Liberation Front (MILF). The agreement was signed in Kuala Lumpur and coincided with the Filipino President's visit. Muslimin Sema is the current chairman of the group. The government of the Philippines recognizes Sema along with Misuari as representatives of the MNLF despite the recognition of Nur Misuari as chairman by the Organisation of Islamic Cooperation, which the MNLF is an observer member to. Supposedly, Sema's group together with Habib Mudjahab Hashim's MNLF Islamic Command Council (ICC), somewhat agreed to reunite with the MNLF under Misuari.

In the late 1960s, an independence movement was founded in Mindanao, the Philippines, to separate the Muslim majority-Moro areas from the rest of the Philippines.

<span class="mw-page-title-main">Bangsamoro</span> Autonomous region of the Philippines

Bangsamoro, officially the Bangsamoro Autonomous Region in Muslim Mindanao is an autonomous region in the Philippines, located in the southwestern portion of the island of Mindanao.

<span class="mw-page-title-main">Comprehensive Agreement on the Bangsamoro</span> 2014 Philippine peace agreement with the Moro Islamic Liberation Front

The Comprehensive Agreement on Bangsamoro (CAB) is a final peace agreement signed between the Government of the Philippines and the Moro Islamic Liberation Front on March 27, 2014 at the Malacañang Palace in Manila. 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 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.

<span class="mw-page-title-main">Bangsamoro Parliament</span> Regional legislature of the Bangsamoro region

The Bangsamoro Parliament is the legislature of Bangsamoro, an autonomous region of the Philippines. It is currently led by the Bangsamoro Transition Authority, an interim regional governing body. The inaugural session of the parliament took place on March 29, 2019, while its first regular session is projected to take place in 2025.

<span class="mw-page-title-main">Autonomous regions of the Philippines</span> First-level administrative divisions

An autonomous region of the Philippines is a first-level administrative division that has the authority to control a region's culture and economy. The Constitution of the Philippines allows for two autonomous regions: in the Cordilleras and in Muslim Mindanao. Currently, Bangsamoro, which largely consists of the Muslim-majority areas of Mindanao, is the only autonomous region in the country.

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<span class="mw-page-title-main">2019 Bangsamoro autonomy plebiscite</span> Plebiscite to create the Bangsamoro autonomous region

The 2019 Bangsamoro autonomy plebiscite was a two-part plebiscite held in Mindanao, Philippines, that ratified the Bangsamoro Organic Law (BOL) and replaced the Autonomous Region in Muslim Mindanao (ARMM) with the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), as well as the scope of the said region.

<span class="mw-page-title-main">Samira Gutoc</span> Filipino civic leader

Samira Ali Gutoc is a Filipina civic leader, journalist, environmentalist, women's rights advocate and politician. She served as a member of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao and the Bangsamoro Transition Commission, which was tasked to draft the Bangsamoro Basic Law.

<span class="mw-page-title-main">Pangalian Balindong</span> Filipino politician

Ali Pangalian M. Balindong is a Filipino lawyer and politician. He is the current speaker of the Bangsamoro Parliament. He is also a former deputy speaker of the Philippine House of Representatives and a member of the 1971 Philippine Constitutional Convention.

<span class="mw-page-title-main">Bangsamoro transition period</span>

The transition period of the now-defunct Autonomous Region in Muslim Mindanao (ARMM) into the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) began when the Bangsamoro Organic Law was ratified in a two-part plebiscite held in January and February 2019. It is set to end after the first set of regular officials are elected in 2025.

<span class="mw-page-title-main">Flag of Bangsamoro</span>

The flag of Bangsamoro is the flag which represents the Bangsamoro Autonomous Region in Muslim Mindanao, an autonomous region of the Philippines.

1BANGSA is shortened word of non-profit organization in the Philippines known as One Bangsamoro Movement, Inc., a group of multi-sectoral leaders and activists in the Philippines advocating peace and unity among Filipinos as well as Bangsamoro people. It was led by Maulana “Alan” A. Balangi, a Maranao.

The 2025 Bangsamoro Parliament election is scheduled to take place in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) on May 12 under the Bangsamoro Organic Law, the charter of the autonomous region of the Philippines.

<span class="mw-page-title-main">Bangsamoro Juridical Entity</span> Proposed associated state in Philippines

The Bangsamoro Juridical Entity (BJE) was a proposed subdivision in the Philippines spanning portions of Mindanao and Palawan. Conceptualized during the peace talks between the government of the Philippines during the administration of President Gloria Macapagal Arroyo and the Moro Islamic Liberation Front (MILF), the BJE was the proposed expanded successor to the Autonomous Region in Muslim Mindanao (ARMM).

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