Citizens Agenda of the All-Out Peace (AOP) and Allied Networks and Partners

GRANT GENUINE AUTONOMY TO THE

BANGSAMORO,
ENTRENCH A BBL ANCHORED ON THE CAB

For the Honorable Members of the House of Representatives:

We, peace advocates and civil society groups pursuing All-Out-Peace
(AOP) nationwide, aware of the noble mission to strive for and promote a
just and sustainable peace in Mindanao and the entire country,
respectfully submit this position paper to Congress to further enhance the
proposed Bangsamoro Basic Law (BBL) as enshrined in the Comprehensive
Agreement on the Bangsamoro (CAB) signed by both the Government of
the Republic of the Philippines (GPH) and the Moro Islamic Liberation
Front (MILF) on March 27, 2014.
While we appreciate the work of the Ad Hoc Committee-- including its
secretariat-- to come up with a suitable draft and recognize the 50
lawmakers who voted in favor of the draft bill, we at ALL-OUT-PEACE
believe that House Bill 5811 otherwise known as the draft Basic Law of the
Bangsamoro Autonomous Region as a substitute to the initially proposed
House Bill 4994 will NOT sufficiently realize the call for a real,
sustainable and meaningful autonomy in the Bangsamoro as some of the
crucial and relevant provisions of the original draft bill submitted to
Congress were either deleted or diluted.
Even then, we welcome enhancements to the original bill particularly
those on provisions on women and indigenous peoples. We, however, note
that the current proposed bill will only serve its purpose if substantial
provisions removed from HB 4994 will be restored.
We believe that the current Congress intends to be on the right side of the
history, it thus should not gloss over the truth that the BBL was crafted
not solely on the basis of the 1987 Philippine Constitution but also on the
framework, spirit and purpose of existing peace agreements such as the

CAB means Comprehensive Agreement on the Bangsamoro. This document acknowledges key
proposals from the lobby paper of the Bangsamoro para sa Bayan, para sa Lahat Coalition (BBLC),
SUCCEED Global, WEAct 1325,

Framework Agreement on the Bangsamoro (FAB) signed on Oct. 15, 2012

and the CAB two years after.
The proposed original BBL was borne out of these
agreements that in turn were negotiated for 17 years.
imperative for lawmakers to utilize these agreements
annexes as guiding principles and ensure that the spirit
CAB are essentially embedded in the BBL.

two historical
It is therefore
including their
of the FAB and

We likewise believe that a just and inclusive version of the BBL should find
coherence not only with the Constitution but more so, soundness and
consistency with the dreams, aspirations and fundamental tenets of the
universal right to self-determination and governance of the Bangsamoro
that our Constitution guarantees. The CAB is clear when it states:
Underlying the CAB is the 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.
It is with this firm resolve that we push for the passage of a CAB-based
BBL, which should at the very least not be inferior in substance and
principles to the Organic act of the Autonomous Region of Muslim
Mindanao (ARMM or RA 9054). The call is for greater autonomy; hence, the
need to enact a law that will genuinely recognize the aspirations of the
Bangsamoro people.
We reiterate that the BBL is a social justice instrument. If enacted
according to its purpose and intent, it could serve as a catalyst for change
that will address and rectify the historical injustices committed against
the Bangsamoro and other oppressed inhabitants of Mindanao. However,
to dilute or weaken its relevant provisions will defeat the real essence and
purpose of the proposed law.
Passing a version of a BBL that genuinely reflects and recognizes the
fundamental rights and freedoms of the Bangsamoro, the indigenous
peoples, marginalized and vulnerable sectors and all other inhabitants of
Mindanao is the most logical step towards achieving sustainable peace,
social justice and progress not only for Mindanao but for the entire nation.
It is with critical urgency that we appeal to the collective wisdom of
Congress to consider the following proposed amendments and
enhancements to HB 5811:

Reference Provisions

Proposed Amendment/s

IMPERATIVES OF GREATER AUTONOMY,

GOING BEYOND THE POWERS ALREADY GRANTED TO THE BANGSAMORO
The articulation of the AOP Policy Agenda is anchored on the FAB and CAB as
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foundational documents. Included in this overarching frame of AOPs proposed

language are the safeguards for the Bangsamoro proposition to work from the lens
of the civil society movement. Through this policy paper, AOP will work towards
retaining favorable provisions in HB 5811 and restoring the gains from the ARMM
organic act, HB 4994, and the BTC BBL draft.
Hence, this policy paper only encapsulates key language proposals that AOP
believes as the most crucial and essential at this juncture in the legislative
roadmap.
GENERAL PRINCIPLES ON GOVERNANCE
RECOGNIZING THE COLLECTIVE
1.) Adopt the original title BANGSAMORO
IDENTITY OF THE BANGSAMORO
BASIC LAW which does not include the
term Autonomous Region.
Title of the Substitute bill :
Rationale:
AN ACT PROVIDING FOR
This proposition is anchored on a more encompassing
THE BASIC LAW FOR THE
nomenclature defining Bangsamoro in the FAB that
BANGSA-MORO
altogether refers to the people, territory and the
AUTONOMOUS REGION
incipient government. The original title of the bill is
reflective of the whole intent and purpose of the
proposed BBL which is the recognition of the
legitimacy of the struggle of the Bangsamoro people
not just for the creation of an Autonomous Region but
for recognition of their collective identity, history,
civilization, and culture as a people that is distinct
from the whole of the Philippines. The operative word
here being collective identity and not just a shared
dwelling place or geographical area. Retention of the
original title is a gracious recognition of the events
that led to the drafting of the proposed BBL and is a
correction of the historical injustice perpetrated
against the Bangsamoro people.
ENTRENCHING THE NATURE OF
2.) Include the phrase parity of esteem in
PARTNERSHIP IN GOVERNANCE
the Preamble and Restore the parity of
AND HUMAN DEVELOPMENT
esteem phrase in Section 2, Article 6 of
HB
4994
on
Intergovernmental
Relations. This includes reverting back
to its original title Parity of Esteem
instead of Respect of Competencies.
Section 2, Article 6.
The
National
Government
and
the
Bangsamoro Government shall be guided by
the principles of parity of esteem and
accepted norms of good governance. The
National Government shall respect the exercise of
competencies and exclusive powers of the
Bangsamoro Government. The Bangsamoro
Government shall respect the exercise of the
competencies and reserved powers of the
National Government.
Rationale:
The term was included in the original draft but was
taken out in the Ad Hoc version. The phrase "Parity of
esteem" is used in political philosophy to explain a
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theory to overcome inter-communal conflict, which is

what the Bangsamoro conflict is about. "Parity of
esteem" "offers a language for negotiation that
recognizes that the only way to move forward to
realize the interest of the two parties in conflict is to
negotiate a peaceful coexistence in a shared physical
space despite cultural differences rather than
continue trying to out-do each other.
Also the term gives recognition to the pluralist nature
of democracy and how various nationalist traditions
can co-exist peacefully within one state. In other
words it is a statement of acceptance on the part of
government that the Bangsamoro people have their
own form of governance, culture, and history and that
it is not in conflict and can exist within the existing
political structure of the Philippine Republic.
RESTORING THE RIGHT TO SELF
DETERMINATION LANGUAGE

3.) Restore key languages on right to selfdetermination in the Preamble and

Section 3 of Article 1 of HB 4994 on the
Name and Purpose:
Preamble.
Revert back the phrase to chart their
political future through a democratic
process
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.
Rationale:
International law defines the right of selfdetermination as that which includes the right to
freely determine their political status and freely
pursue
their
economic,
social,
and
cultural
development. The phrase their aspiration to chart
their political future through a democratic process
is simply a reiteration of this principle and merely
states the manner by which this right may be
realized, that is, through democratic processes.
POLITICAL AUTONOMY

RESTORING THE WALI

PROVISIONS

4.) Restore ALL provisions pertaining to the

WALI as reflected in Art 8, Sec 1-4, HB
4994
Rationale:
The WALI, apart from a ceremonial figure in the
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Bangsamoro, is also highly regarded as a cultural

symbol that promotes harmony and understanding
between and among members of the Moro
community. The WALI bridges both political and
cultural structures in the Moro society. And since the
Wali is a cultural representation and therefore an
apolitical figure, hence, the ceremonial leader is
important in officiating ceremonies just before the
Bangsamoro Parliament is dissolved or in transition to
an election.
TRANSLATING
INTERGOVERNMENTAL
RELATIONS MECHANISM

5.) Restoring the provision on Philippine

Congress-Bangsamoro Parliament
Forum in Section 8 Article 6, on
Intergovern-mental Relations
Sec 8. Philippine Congress-Bangsamoro
Parliament Forum
There shall be Philippine Congress-Bangsamoro
Parliament Forum for purposes of cooperation and
coordination of legislative initiatives.
Rationale:
The Philippine Congress-Bangsamoro Parliament
Forum is an avenue to discuss amendments and other
future legislative matters of the region. This provision
is an explicit mechanism of the Inter-Governmental
Relations. While it is still Congress which will have to
power to ultimately decide whether to amend the
Basic Law or not, the Bangsamoro Government should
be able to participate in the process. The platform for
this participation is the Philippine CongressBangsamoro Parliament Forum.

BANGSAMORO HUMAN RIGHTS

COMMISSION

6.) Reverting back to the provision on the

Bangsamoro Human Rights Commission
in Section 7, Article 9 Basic Rights of
HB 4994, instead of HB 5811 (Sec 7, Art
8)
Rationale:
The reformulation would allow the Bangsamoro
Government to exercise powers less than those
provided to the ARMM on the matter of human rights.
As reformulated, the national Commission on Human
Rights (CHR) shall supervise the Bangsamoro Human
Rights Commission.
By virtue of Article III, Section 16 of RA 9054, the
Regional Human Rights Commission was created.
Nowhere in said provision or in the Charter of the
RHRC (enacted by the ARMM Regional Legislative
Assembly) does it provide that the RHRC shall be
under the supervision of the national CHR. Even legal
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luminaries, in their submission before Congress, have

stressed that the proposal to create a Bangsamoro
Human Rights Commission (BHRC) is acceptable
because the Constitutions Commission on Human
Rights has generally recommendatory powers and
would not be supplanted by regional human rights
bodies.
PRINCIPLES ON TERRITORY
ACKNOWLEDGING THE
TERRITORY THAT EMBODIES THE
BANGSAMORO HISTORICAL
CLAIM

7.) Title of Article III should be amended

back to its original title of TERRITORY
instead of GEOGRAPHICAL AREA OF THE
BANGSAMORO REGION and
8.) Revert Section 1 of Article III of HB 4994
defining TERRITORY as Territory refers to
the land mass as well as the maritime,
terrestrial, fluvial and alluvial domains.
The Bangsamoro territory shall remain a part
of the Philippines.
Rationale:
Amending the title to TERRITORY instead of
GEOGRAPHICAL AREA gives recognition to the
historical claim and right of the Bangsamoro People to
their Ancestral Domains. This expands the meaning of
territory as against a limited definition of
geographical area which pertains to the political
subdivision of the region. In the latter, it will be no
different with the other regions of the country, thus
defeating the notion of its uniqueness and its
autonomy. Territory is also the language used in the
local government code referring to the different LGUs
territory.

PERTAINING TO CONTIGUOUS
TERRITORY

9.) Harmonizing HB 4994 and HB 5811 in Art

3, Sec 3 and Art 15, Sec 4.
Art III, Section 3. Contiguous Territory.
The areas that are contiguous to the
Bangsamoro core territory may opt 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
by the petitioning geographical area in a
plebiscite.
Art. XV, Section 4. Plebiscite for Joining
the Bangsamoro.
Any local government unit or geographic area
outside the territorial jurisdiction of the
Bangsamoro, but which is contiguous to any of
the component units of the Bangsamoro, may
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opt to be part of the Bangsamoro upon a

verified petition for the conduct of a plebiscite
of at least ten percent (10%) of the registered
voters, shall be effective when approved by a
majority of the votes cast in the plebiscite
called for the purpose. Provided further, that
petitions for inclusion may only be filed on the
tenth (10th) year following the enactment of
this Basic Law. The succeeding petitions shall
be subject to the powers of the Philippine
Congress or through Peoples Initiatives
guaranteed by the Constitution.
Rationale:
Areas contiguous to any of the component unit of
the BM core territory (barangay, municipality,
province, geographical area) can be a petitioning
area. With 10% of the majority of the votes cast
of the petitioning area.
Set a longer opt-in period (10 years after the
Bangsamoro is established) to facilitate political
processes and development in the core territory.
Guarantee clarity in details as to coverage,
timeline and parameters when it comes to
contiguity, political and economic stability of the
region - giving also fair chance for other areas to
decide to radiate towards a thriving autonomous
region.
PERTAINING TO SCOPE OF
NATURAL RESOURCES, AND
CORRESPONDING OWNERSHIP
AND CONTROL

NATURAL RESOURCES
10.)
Restoring language from HB 4994
on natural resources (Art XIII Economy
and Patrimony, Sec 8 and Sec 10) and
harmonizing with HB 5811 (Art XII
Section 8). Proposed language is as
follows :
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
including surface and sub-surface rights,
inland waters, coastal waters, and
renewable and non-renewable resources
in the Bangsamoroin accordance with the
Constitution and pertinent provisions of this
Basic Law.
The
protection,
conservation,
and
development of forests, coastal, and marine
resources, including the adoption of programs
and projects to ensure the maintenance of
ecological balance, shall be given priority.
Exploration, Development, and Utilization
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of Fossil Fuels and Uranium The

Bangsamoro
Government
and
National
Government shall have joint and solidary
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.
Rationale:
The provisions pertaining to resources are
important aspect of the exercise of the collective
right of the Bangsamoro people in relation to
ownership of and control over their ancestral
domains the scope of which is defined in the
original draft of the BBL under Article III Territory.

ON POWER GENERATION,
TRANSMIS-SION AND
DISTRIBUTION

The power and authority over fossil fuels

(petroleum, natural gas and coal) and uranium is
subsumed under the exclusive power of the
Bangsamoro over ancestral domain and natural
resources (#29 III Exclusive Powers/ Annex on
Power sharing/FAB/CAB), and #2 on mineral and
energy resources, Part IV Other Matters
Pertaining to Power sharing, Annex on Power
sharing/FAB/CAB, whose power and authority is to
be jointly exercised by the Bangsamoro and
National Governments.
11.)
Reference to the Mindanao grid
shall be reverted back to NATIONAL
GRID (Art V Powers of Government,
Sec 3-Exclusive Powers, o)

Rationale:
The formulation in Sec. 3 HB 4994 connected to
the National transmission grid is what is stated in
the FAB/CAB (#15 Part III Exclusive Power, Annex
on Power sharing). Nonetheless, there is still the
intergovernmental relations mechanisms from
which the National Government and the
Bangsamoro Government shall cooperate and
coordinate over with.
ECONOMIC PROVISIONS
PERTAINING TO SOME OTHER
FISCAL AND ECONOMIC
PROVISIONS

12.)
On the issuance of bills, bonds,
notes, and debentures (Sec 22 Art XII HB
5811): Retain the formulation of HB 4994
stating The Bangsamoro Government is also
authorized to issue treasury bills, bonds,
debentures, securities, collaterals, notes,..
Rationale: This is already provided for in RA 9054
(Sec. 10 Art IX), which states The Regional
Government may issue treasury bills, bonds,
promissory notes, and other debt papers or
8

documents pursuant to law enacted by the Regional

Assembly.
13.)
On
Overseas
Development
Assistance (Sec 23 Art XIII): Retain the
phrase the Bangsamoro Government may
enact legislation governing ODA and add the
phrase
in
accordance
with
overseas
development assistance law.
Rationale: In Sec 14 of RA 9054 (Foreign and
Domestic Loans), the Regional Assembly is mandated
to give authority to the Regional Governor to contract
Foreign and domestic loans in accordance with the
constitution. As in the case of Sec. 10 Art IX RA 9054
above (Issuance of bills, bonds, notes and
debentures), which authorized the Regional Assembly
to enact law on the matter, the Bangsamoro
Government may also do the same on the ODA to
guide the conduct of similar mandate, in accordance
with the ODA Law.

PROPOSED ENHANCEMENTS
ON INDIGENOUS
RIGHTS

PEOPLES

We affirm the provisions upholding the inclusion of

fundamental rights of the non-Moro indigenous peoples
with the Indigenous Peoples Rights Act (IPRA) as reference
that are altogether introduced in varying levels through
enhancements since BTC submitted its draft BBL, until its
trans-formation to HB 4994 and HB 5811. Hereunder are
the following pro-posed additional language to clarify legal
ambiguities on identity and FPIC processes guaranteeing
rights of the non-Moro IPs over their ancestral domains
and natural resources.
14.)
IDENTITY CLAUSE - Insertion after
paragraph one of Art 2 Bangsamoro Identity,
Sec 1 :This shall be without prejudice to those
non-Moro indigenous peoples and other inhabitants
who do not wish to identify themselves as
Bangsamoro by ascription or self-ascription.
15.)
FPIC CLAUSE Insertion after the last
paragraph of Art XII Economy & Patrimony,
Sec
11
Rights
of
IP
over
Natural
Resources : No certification shall be issued by
the Ministry of Non-Moro Indigenous Peoples on the
renewal, granting of any concession, license or
lease, or any production-sharing agreement without the free and prior informed and written
consent (FPIC) of the indigenous peoples affected.
16.)
FPIC
CLAUSE
IN
THE
OPT
IN
PROVISION : Insertion in the proposed
enhancement of Art 3, Sec 3, HB 5811 :
Generate a thorough FPIC process especially in
areas adjacent to the core territory which are duly
9

delineated with Certificate of Ancestral Domain

Title (CADT) or with ongoing titling application,
hence, FPIC remains in force and effect.
Rationale:
CAB recognizes the FPIC process of the non-Moro IPs, in
fact, general FPIC provisions are already embedded in the
proposed basic law. The insertion of identity clause under
Art 2 on the Bangsamoro Identity is intended to safeguard
sans the explicit definition of non-Moro IPs based on
existing national laws.

ON WOMENS POLITICAL
PARTICIPATION

We affirm the provisions upholding gender equality and

women's human rights in the original draft of the BBL and
the enhancements introduced in the substitute bill
5811 without prejudice to further amendments to be
introduced during the plenary sessions.
We affirm that women's human's rights, in all its aspects
(civil, political, economic, and socio-cultural) should be a
primordial consideration in the crafting of polices and the
implementation of programs, projects and activities in the
Bangsamoro.
17.)
Delete the term qualified under Art.VIII,
Section 11, which reads, at least one (1)
qualified woman to be appointed to the
Bangsamoro Cabinet. We believe the term is
discriminatory against women, since no such
requirements are imposed on men and
other
sectors/groups. Moreover, it may serve to reinforce
elite womens capture of power;
18.)
Add a provision to set up an interim
womens machinery as coordination and policymaking body to ensure that gender equality and
womens human rights are put in place during the
transition period;
19.)
Move the phrase, The Bangsamoro
Government shall encourage political parties to
have a womens agenda, and integrate women and
youth in the electoral nominating processes,
which was inappropriately placed under Art XV,
Section 12 on Regular Election. We propose to
have it moved under Art. VIII, Section 7 on
Regional Parties or Sec. 9 on Bangsamoro Electoral
Code.

ON
CIVIL
PARTICIPATION

SOCIETY

20.)
Reserved
representatives

slots
in

for
the

Civil
Society
Bangsamoro
10

parliament and representation in the Council

of Leaders.

Sec 4 Art XIII HB 5811 Bangsamoro Sustainable

Development Board, to include representatives of
the Civil Society Organizations and basic sectors (e.g.
farmers, fisherfolk, workers, IPs, women, youth,
persons with disabilities), cooperatives and private
sectors in the Bangsamoro Sustainable Development
Board.
As such, if with adequate democratic
representation,
the
Bangsamoro
Sustainable
Development Board shall broaden its function to
include planning, monitoring and coordination of all
development plans, projects and programs in the
Bangsamoro region including the Bangsamoro
Development Plan.

Sec. 5 HB 5811 - Bangsamoro Development Plan,

to ensure participation of the Civil Society
Organizations and Basic Sectors (farmers, fisherfolk,
workers, IPs, women, youth, persons with disabilities),
cooperatives and private sectors, in the formulation,
review, implementation and monitoring of Bangsamoro
Development Plan.

Rationale:
Peoples participation in governance and decision-making
is provided for in the Philippine Constitution (Sec 16, Art
XIII).
Moreover, civil society and private sector
participation in Regional Economic Development Planning
Board (REDPB) is also already provided in Sec 10 Art XII RA
9054.
ON LAND DISTRIBUTION,
AGRARIAN REFORM

21.)
Adoption of Sec. 8 Art IX of RA 9054,
Regional Land Reform that states Subject to
the provisions of the constitution, the regional
assembly (parliament) may enact an agrarian
reform law suitable to the special circumstances
prevailing in the (Bangsamoro) autonomous
region.
Rationale:
Under the implementation of Comprehensive Agrarian
Reform (CARP) in the ARMM, there are still 92,235
hectares to be distributed by 2016 and beyond.
Agrarian reform, as a social justice provision, is
provided for in the Philippine constitution (Sec 4, Art
XII).

ON AGRICULTURE, FISHERIES
AND AQUATIC RESOURCES

22.)
Adoption of Sections 21-25 of Art XII
RA 9054 under Sec 22 Art XIII of HB 5811:
a.
b.
c.
d.
e.

Farming and fishing cooperatives

Agricultural productivity; organic farming
Soil and water conservation
Adoption of Aquatic and fisheries code
Creation of Department of Agriculture and
Fisheries
11

Rationale:
Significant majority (68%) of the population of the
Bangsamoro rely on Agriculture and fisheries for their
livelihood and income, and the regional economy is
largely dependent on it (63% of RGDP). The said
enhancements are just adoption or carrying over of
what are exactly provided in RA 9054.

We pray that the Honorable members of 16 th Congress will favorably

consider these humble proposals with a lens to primarily enact a social
justice instrument that addresses the historical root causes of the
centuries-old problem in the Bangsamoro.
History is in your hands.
With our sincerest esteem,
ALL-OUT PEACE
-

Initiatives for International Dialogue

Balay Rehabilitation Inc.
Binhi ng Kapayaapaan
Center for Peace Education-Miriam College
Generation Peace Network
GZO Peace Institute
Lanao Peace Partnership
MINCODE/ CODE-NGO
Mindanao Peaceweavers
PILIPINA
Pax Christi-Pilipinas
Philippine Misereor Partnership Inc.
SUCCEED Global
Waging Peace Philippines
Women Peace Table
Women Engaged in Action for 1325

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