Friday, February 27, 2015
Approval of the Bangsamoro Basic Law has been raised by the Muslims in the Philippines. They seek to have their own law. The Bangsamoro Basic Law seeks to adopt their own anthem, flag and a different form of government. As I read the basic law, it creates a picture of a foreign country which consist of individuals which looks entirely the same as the physical features of a Filipino. In my own opinion, as I heard what the Muslims, Army and even Catholic which has been there to observe and be part of the history still I am not in favor of the Passing the Bangsamoro Basic Law. If the government will approve this it will definitely cause chaos in the country and will promote the separation of the Muslims and the Catholic. We are Filipinos and we should be united as Filipinos not as Catholic and Muslims. Our country is an archipelago and should we let this structure also describe our relationship towards each and every Filipino? I believe we should not let this thing happen, our government should promote unity and peace all over the country and not to promote separation.
“Thin-line that Separates Peace from War”
The
battlecry for social justice have long existed since the 1935 Constitution.
Many battles have been won just to achieve the spirit of democracy. Thousands
of blood sacrificed inorder to waive the Republic Flag to the wind of peace and
freedom. But quoting the words of Atty. Christian Monsod there are “unfinished
business to the battle of democracy for social justice”. So how much more
sacrifices and compromises we need to give, in achieving the peace that has
been long gone in the South of the country? Definitely the price for this
aspiration is not free.
The
peace process in Autonomous Region in Muslim Mindanao (ARMM) is like the
traffic in EDSA: slow, mind-wrecking and very problematic. The Government and
the Moro Islamic Liberation Front or MILF entered into an agreement for peace
talk. The result of that is the proposal in passing the Bangsa-moro Basic Law
or BBL. This is achievement for the Moros.
The BBL will have unification and acknowledgement of their ethnicity, according
to Madam Amina Rasul Bernardo an advocate for peace in Mindanao. She also
mentioned that, the effort of the government to have peace before is pushing to
the arena of war instead. That is why BBL is highly needed for peace, according
to her. But our Muslim brothers and sisters have been recognized and never been
left out before. After all we are unified by one blood as Filipinos. We are
governed by one law which is The 1987 Constitution.
If
passing the BBL is intended for peace, most probably there are other motives
behind that. Motives, not engraved in the letters of BBL. Let me just share a
brief information from Gracia Burnham one of the survivor in the kidnapping
headed by the Abusayaff in early 2000’s. She mentioned on her book that those
Muslim rebels have the motive to turn whole Mindanao into Islam until whole
nation is controlled by it. They don’t care to die or kill anyone just to
achieve their goal. It is scary and alarming. The Abusayaff is actually
connected with MILF. Now MILF is actively pushing for this BBL. It gives me an
idea that if the BBL is passed, it is just like we lighted our own torch of
death.
In
passing a law, intent is the very motive. But if the motive is hiding in the
words, we need to pause and dig deeper to investigate the real reason in the passage
of law. It is very essential to look in checking its Constitutionality. Is
peace really the intent or is there other than that in BBL. Can we just neglect
the words of the survivor from the hands of Muslim rebels?
Remember, that the group who
is behind the BBL is also the one behind the disturbance of peace in Mindanao. The
question now is how we can resolve the distraught dreams for peace of our
fellowmen in the south. My answer is ‘submission’, ‘commitment’ and ‘surrender’.
Submission to the authority
is giving your full support to its aspirations for the betterment of Mindanao. It
needs commitment in withholding peace to live safely without fear of death
while walking in the street or to sleep soundly at night without fear of not
waking up for tomorrows’ mist. Surrender the firearms and contribute to a
successful nation for tomorrows’ generation.
Definitely this is difficult
to achieve. But it is possible to attain. We, every Filipinos must be
instruments for peace. Each has a role to play to win the battle for peace. BBL
gives us thin-line between peace and war. The autonomy of our Muslim brothers
and sisters has been long recognized by the law of the land. No need for BBL,
because it will just separate us Filipinos who have been unified by thousands
of blood more than 300 years ago.
WON: BBL
From the enactment of RA 6374[1],
which was further amended by RA 9054[2],
in establishing the Autonomous Region in Muslim Mindanao, and now we are faced
with a new draft that further expands their power and jurisdiction, which is
known as 'Bangsamoro Basic Law'[3].
Looking back, these laws rooted
from the injustice that our Muslim brothers have experienced since the Martial
Law era, which brought Nur Misuari in forming the Moro National Liberation
Front (MNLF) seeking independence and respect for their culture and Muslim
faith.[4]
After a number of clashes and conflicts between MNLF and the government, they
have agreed in having a semi-autonomy region for Muslim community in Mindanao,
now known as ARMM. However, another group Moro Islamic Liberation Front (MILF) doesn’t
agree with the agreement, and still hopes for independence.[5]
After several years of peace talks with MILF, the government through the congress,
has passed a draft in favor the Muslim community, the 'Bangsamoro Basic Law'.
The purpose of the draft Basic
Law is to establish the new Bangsamoro political entity and provide for its
basic structure of government, in recognition of the aspirations of the
Bangsamoro people.[6]
The Bangsamoro people, are those who at the time of conquest and colonization
were considered natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands including Palawan, and their spouses, and
descendants.[7] In
summary, the draft Basic Law, aims to create a new structure of government for
the Bangsamoro people, which is still under the Philippine government, and subject
to the limitations provided by the Constitution.[8]
It (BBL) also doesn’t violate the 1987 Constitution, as pointed out by the
framers of our 1987 Constitution themselves.[9]
Generally, it positively affect
the Bangsamoro people in having their own structure, based on their beliefs and
culture, especially, that the majority of the people in Mindanao are Muslims.
It won’t greatly affect other communities outside of the Bangsamoro territory,
as they are still governed under the government, but with their own special
laws, similar to local ordinances in local governments.
The draft Basic Law is a big step
towards in making up for the injustice that the previous administration has inflicted
upon our Muslim brothers. Giving our Filipino brothers in the south the respect,
and the opportunity for peace and development, for the future of, not only the
Bangsamoro people, but the Filipino people.
[1] Republic
Act No. 6374, August 1, 1989
[2]
Republic Act No. 9054, March 31, 2001
[3]
Bangsamoro Basic Law, September 10, 2014
[4]
Mamasapano, the President, and the Bangsamoro Basic Law, accessed in http://www.rappler.com/thought-leaders/82394-mamasapano-president-bangsamoro-basic-law
[5]
Moro Islamic Liberation Front, accessed in http://en.wikipedia.org/wiki/Moro_Islamic_Liberation_Front
[6] Q
and A: the draft Bangsamoro Basic Law, September 10, 2014, accessed in http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/
[7] Ibid.
[8]
Ibid.
[9]
1987 Charter framers: BBL constitutional, January 14, 2015, accessed in http://www.sunstar.com.ph/cagayan-de-oro/local-news/2015/01/14/1987-charter-framers-bbl-constitutional-386747
Bangsamoro Law: People in Mindanao can dream again.
The Bangsamoro
Basic Law is constitutional. Article 14, Section 17 of the Constitution gives
the indigenous cultural communities to develop their own culture, traditions
and institutions. It is clear that the BBL has the right to develop or make its
own institution. Moreover, with regard to the provision that the BBL will have
its own justice system, Article 1, Section 10 of the BBL states that the
justice system in the Bangsamoro shall give primary consideration to Shari’ah
and customary rights and traditions of the indigenous peoples in the Bangsamoro.
It is therefore clear that these provisions are in harmony with the
Constitution.
Furthermore, according to
former justice Azcuna, one of the provisions BBL provide
for the recognition of a “distinct (Bangsamoro) nation within the Philippine
state” and this is “not unconstitutional. Still,
with the passage of BBL, the Bangsamoro nation will still be part of the Philippines.
It will not create a new or distinct territory in our country. Besides, there is
no dismemberment of a country involved nor included in the said provision.
The passage of the BBL
is one of the best ways to resolve the problem in Mindanao. With BBL, people in
conflict areas can dream again. BBL means peace for the people living in Mindanao.
What is good for the people in Mindanao is also good for the Filipino people. Therefore,
the BBL is Constitutional.
Bangsamoro Basic Law: Creation of another State
The
proposed law, the Bangsamoro Basic Law (BBL), envisions to end the war in the
Muslim Mindanao. This law was personally submitted by President Aquino. This is
based on the Comprehensive Agreement on the Bangsamoro, the peace agreement
between the Philipinne Government and the Moro Islamic Liberation Front (MILF).
With
the proposed law, I have found several that I believe were unconstitutional. First, Art VII in relation to Art. IV
Sec. 2 of the proposed bill. In this article, it says that the form of government
of the Bangsamoro is Parliamentary. This is in contrast with Art. II Sec. 1 of
the Constitution which that our form of government is
republican and democratic. Second, Though
Art. VI says that the President will have general supervision to the
Bangsamoro, Art. V Secs. 3-4 of the bill grants the Bangsamoro Government exclusive
power in which the Central Government cannot interfere. This is not within the
context of autonomy as provided in the Constitution.
Local autonomy under the 1987 Constitution
simply means “decentralization” and does not make the local governments sovereign
within the State or an imperium in imperio.[1] Decentralization
of administration is merely a delegation of administrative powers to the local government
unit in order to broaden the base of governmental powers. Decentralization of
power is abdication by the national government of governmental powers. Even as
we recognize that the Constitution
guarantees autonomy to local government units, the exercise of local autonomy
remains subject to the power of control by Congress and the power of general
supervision by the President.[2]
Thus, removing the Philippine Government the power to control and supervize. And
Third, the creation of the
parliament and Philippine Congress - Bangsamoro Parliament Forum (Art. VI Sec.
8 of BBL) also is inconsistent with the Constitution
that the legislative department of the Philippines is bicameral, composed of
the House of Representatives and the Senate.
With
these several provisions in the BBL, I believe that it does not only make the
Bangsamoro an autonomous region in the context of the Constitution. The previously-known Autonomous Region of
Muslim Mindanao (ARMM) is being made a sovereign state through the BBL.
BANSANG MORO: Bangsamoro Basic Law
BANSANG MORO: Bangsamoro Basic Law
On March 27, 2014, the
Comprehensive Agreement on the Bangsamoro has been duly signed, which served as
the turning point of decades long journey of the country to a peaceful
Mindanao. The agreement aims to end the armed conflict between Mindanao and the
government. The agreement shall promote full progress and development of the
region and establish peace, justice, and economic stability and progress. No
more than the constitution under Article X of the 1987 constitution provides
foundation for autonomous regions. In order to fulfill the intent of the
Comprehensive Agreement, legislation is needed to translate the agreement to
statutory language. Hence, the Sixteenth Congress on Second Regular Session of
the House of Representatives received House Bill No. 4994 on September 10,
2014.
Atty. Christian Monsod in his
speech last February 24, 2015 at the Far Eastern University Institute of Law
discussed the price to pay for peace in Mindanao. According to Atty. Monsod, it
is about time for a judicial statesmanship between conflict resolution and
constitutionalism and to include international laws to uphold new principles.
The Bangsamoro Basic Law aims for sovereignty and territorial integrity. The
Moros are longing for the confrontation of the problem of oppression and
neglect through blood and tears. Moreover, Amina Rasul Bernardo in the same
forum at FEU-IL said that conflicts in Mindanao also include clan wars which is
an evidence of inefficient justice system in Mindanao. The BBL wants to restore
stolen sovereignties and independence from the Moros and to delete the feeling
of isolation among them. The BBL shall undergo transitional commissions which
will able the region of regional legislation which will result to economic
stability and efficient justice system.
The Philippines democratic
system is curtailed with the job to ensure that all of its citizens are treated
alike and that their natural and constitutional rights are protected. Through
the Bangsamoro Basic Law, our people in Mindanao will have the feeling of
participation with the rest of the archipelago and ending the armed
negotiations with its people. It will be a big step for our government to
uphold peace and humanitarianism by solving actual conflicts existent in the
Mindanao region.
The Bangsamoro Basic Law
The purpose of the basic law is
to establish the new Bangsamoro political entity replacing ARMM and provide for
its basic structure of government, in recognition of the aspirations of the
Bangsamoro people.[1]
On the Territory.
According to the law, the
Bangsamoro territory is composed of the land mass, maritime, terrestrial,
alluvial and aerial domain[2].
Under Section 1, it expressly states that the Bangsamoro territory remains part
of the Philippines Likewise, the draft Basic Law provides that the Bangsamoro
shall respect and adhere to the Philippines’ international treaties and
agreements[3],
making whatever power that the Bangsamoro may exercise over its territory must
be consistent with and not contravene the country’s international obligations
and commitments[4].
Now on the general principles and
policies.
The Bangsamoro will have a
parliamentary form of government[5].
The parliamentary system is consistent with our democratic form of government
because a parliamentary system is a form of government where the executive is
formed by the legislature, i.e., the Chief Executive (who is the head of the
executive) is elected by the legislature. Therefore, the Chief Executive is indirectly
elected. A democracy, is a system of government which derives its legitimacy
from the people. Hence, eligible citizens participate, directly or indirectly,
in the election of their representatives in government.
Such form of government is
allowed under the Philippine constitution. Section 18, Article X of the
Constitution provides that that the Organic Act (the Basic Law in the case of
the Bangsamoro) for Autonomous Regions “shall define the basic structure of
government consisting of the executive department and the legislative
assembly.”
As far as the constitutionality
on the territory and the general principles and policies of the basic law
concerns, such provisions are constitutional according to mother law. But the
issues of the basic law doesn’t stop here, there will be more issues to come.
Remember before the basic law be enacted there was once ARMM and the creation
of the organic law of ARMM didn’t stop the conflict between the national government
and the moros or just the MNLF and MILF or Ignorant Radicals and Extremists.
I for one agree to the enactment
of the law, as far the peace and stability in Mindanao concerns. But once the
law fails, we should be prepared for the worst. The worst will be the
eradication of radicals and extremist who inflict harm and terror to our
peaceful society.
Bangsamoro Basic Law: Concur or Dissent?
The draft Basic Law provides that the
Bangsamoro Government will have a parliamentary form of government which is
allowed in the Constitution. It left to the wisdom of Congress to determine the
appropriate government structures for local government units and the autonomous
regions. Specifically, Section 18, Article X of the 1987 Constitution provides
that the Organic Act (the Basic Law in the case of the Bangsamoro) for
Autonomous Regions “shall define the basic structure of government ***
consisting of the executive department and the legislative assembly.
A parliamentary system is democratic. A
democracy, is a system of government which derives its legitimacy from the
people. Hence, eligible citizens participate, directly or indirectly, in the
election of their representatives in government.
Under the draft Basic Law, the
Bangsamoro Government is democratic because all members of Parliament will be elected as
representatives of the Bangsamoro People. Consistent with the Constitution,
both the executive and legislative in a parliamentary system shall be elective
and representative of its constituent political units.[1]
Given the above premises, I can neither
concur nor dissent with the Bangsamoro Basic Law, it is stated that the purpose
of the said law is to establish the new Bangsamoro political entity and to
provide for the framework of government in acknowledgment of the hopes of the Bangsamoro
people. It does not necessarily mean that the Bangsamoro territory will not
remain part of the Philippines, it will. But I strongly believe that the
government should have a further review with regard to the draft of the BBL. It
is clearly obvious that there is a possibility that it may lead to the
dismemberment of Mindanao, Sulu and the adjacent islands including Palawan from
the Philippines. It may create a division that probably may not promote unity
between Mindanao and the rest of the country. However, it is a joint effort in development
fastened on years of struggle, negotiations, and teachings learned at a very
high cost to many of us. It demonstrates our paramount countenance of
engagement and discourse on the Bangsamoro. History, hundreds of years from now
made us all one, whether a Muslim, Catholic or not, conflicts and incidents may
have divided Filipinos, but still, we should be a one country.
After the incident in Mamasapano, the
passage of the Bangsamoro Basic Law (BBL) has been set back. The BBL was
sadly caught in a political cross-fire.[2]
It needs enhancement, the government should understand what a Mindanaoan really
experiences for it to know what it really needs. For the entire country to have
the justice it deserves, we must somehow find it in ourselves, yet again, to
bring our collective power to bear on our leaders so that the Bangsamoro Basic
Law will push through and the peace process continue.[3]
[1] Q and A: the draft Bangsamoro Basic
Law available at http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/
(last accessed Sept. 10, 2014)
[2] Isagani Abunda, Imperfect
Bangsamoro basic law still our best option for peace available at http://www.rappler.com/move-ph/ispeak/82775-bangsamoro-basic-law-mindanao-problem#cxrecs_s
(last accessed Feb. 03, 2015)
[3] Sylvia Estrada Claudio, Pass the
Bangsamoro Basic Law now available at
http://www.rappler.com/thought-leaders/82627-pass-bangsamoro-basic-law-now#cxrecs_s
(last accessed Feb. 08, 2015)
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