The Bangsamoro Basic Law (BBL) has become highly controversial in part because the issues are not being widely discussed and its historical significance is not fully appreciated by the Christian population of our nation. The general public so far understands only that there is a minority group of Filipinos that would like to form a separate territory, within the Philippines, in which they will have their own autonomous government.
The BBL thus far has become a highly debatable item only within a limited circle of people composed mainly of those peoples in Mindanao, Christian and Muslim, whose lives will be directly affected by this Agreement. Then there are those who have special interests in this issue – lawmakers, businessmen, scholars and political pundits.
But there is no doubt that that the BBL will have a dramatic effect on the entire Filipino people. Also it is already being considered as one that will have international impact as evidenced by the interest of foreign governments like Indonesia and Japan and offers of support from international organizations like the World Bank.
One of the major sources of misunderstanding is the implication in the use of the word “autonomous” which is often considered as a synonym for independent. The idea that the present Philippine political system is too highly centralized and that regions should have greater powers is not limited to the Bangsamoro.
Former Senator Nene Pimentel has long been advocating federalism as the appropriate political structure for this country. He has recently again proposed that the Philippines be politically divided into eleven (11) states. Each state will have certain powers devolved from the central government. His political party — PDP-Laban — was founded with federalism as a vital part of its original core ideology.
I have long supported federalism as an ideal political structure for the Philippines. A highly centralized government may work for a small state, like Singapore, or a totalitarian state like China or Russia. But the Philippines, with a population of over 100 million, is not a small nation. We are also a country that has accepted democracy as our system of government. Even in the business world, there comes a time when decentralization becomes necessary for an organization to continue operating efficiently.
The centralization of the Philippine political structure has led a concept sometimes referred to as Metro Manila imperialism. This means literally that we have a Metro Manila that has established economic and political hegemony or predominant influence over the rest of the country. One clear manifestation of this hegemony is that Metro Manila issues are commonly treated, by media and the government, as national issues.
In the case of the Bangsamoro Basic Law and the proposed federal structure, the most important issue is the clear delineation between the powers of the national government and the powers of the autonomous regional government. That is the reason I consider the most important part of the BBL to be Article V: Powers of Government.
Article V groups these powers into four sections. Section I refers to the powers reserved for the National Government. Section 2 refers to Concurrent Powers or powers that will be shared by the Central Government and the Bangsamoro Government. Section 3 refers to the exclusive powers which the Bangsamoro Government shall have sole authority and matters which the Bangsamoro Government will have authority within the Bangsamoro territory. Section 4 refers to other exclusive powers specifically those powers and competencies previously granted to the Autonomous Region in Muslim Mindanao or ARMM.
The Philippine Central Government, in the proposed BBL will exercise sole authority and jurisdiction in the following areas:
1. Defense and External Security;
2. Foreign Policy;
3. Coinage and Monetary Policy;
4. Postal Service;
5. Citizenship and Naturalization;
6. Immigration; Customs and Tariff;
6. Customs and Tariff;
7. Common Market and Global Trade;
8. Intellectual Property Rights.
The Philippine Central Government and the Bangsamoro Government shall exercise concurrent or shared powers, within the Bangsamoro territory, in the following matters:
1. Social Security and Pensions;
2. Quarantine;
3. Land Registration;
4. Pollution Control;
5. Human Rights and Humanitarian Protection;
6. Penology and Penitentiary;
7. Auditing;
8. Civil Service;
9. Coast Guard; Customs and Tariff enforcement;
10. Administration of Justice;
11. Funding for Maintenance of national parks, roads, bridges and irrigation systems;
12. Disaster Risk Reduction and Management;
13. Public Order and Safety.
There are fifty-eight (58) exclusive powers over which the Bangsamoro Government will have sole authority within the Bangsamoro Territory. There are some that will not be a cause of further discussion such as establishing its own libraries and museums and declaration of holidays.
However, I can anticipate some discussion on a few other issues that may need more specific provisions. There are also other provisions that may interest other groups.
Among these exclusive powers are Education; establishing Free Ports; Customary Justice; Rights of Indigenous Peoples; and the Justice System. The BBL states that the justice system in the Bangsamoro shall consist of Shari’ah law which shall have supremacy and application over Muslims only; the traditional or tribal justice system for the indigenous peoples in the Bangsamoro; the local courts and alternative dispute resolution systems.
But there is also a clear statement which says: “Nothing herein shall be construed to operate to the prejudice of non-Muslims and non-indigenous peoples.”
For all Filipinos and the whole world, the Bangsamoro Basic Law is a legacy of peace within the framework of the rule of law and not through terrorism and violent conflicts presently engulfing so many regions of the world. It provides our Muslim brother s and sisters the opportunity to live a life of human dignity that is our vision for all Filipinos.
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Write Away! Weekend with Where The Write Things Are and Weng Cahiles
Are you a young aspiring writer looking for inspiration, motivation and tips on how to get started on your story? Then the Canadian American School (The City Club Alphaland, Ayala Ave. Makati) on Saturday, October 25, 1-5 pm is the place to be as Where The Write Things Are conducts its latest Write Away! Weekend writing workshop with award winning author Weng Cahiles.
For inquiries please contact 0917-6240196 or writethings@gmail.com
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Email: elfrencruz@gmail.com