Bangsamoro Transition Commission Bangsamoro Basic Law
WHAT IS IN IT FOR US? Passing the Bangsamoro Basic Law will: End the long-standing suffering of the Bangsamoro people Foster unity and harmony Bring in economic development Shield against rising radicalism
Outline of the BANGSAMORO BASIC LAW Preamble Name and Purpose Bangsamoro Identity Territory General Principles and Policies Powers of Government Intergovernmental Relations The Bangsamoro Government Wali Basic Rights Bangsamoro Justice System Public Order and Security Fiscal Autonomy Economy and Patrimony Rehabilitation and Development Plebiscite Bangsamoro Transition Authority Amendments and Revisions Final Provisions
BANGSAMORO In consonance with the Constitution, and universal accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, reflected of our system of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions. PREAMBLE
BANGSAMORO 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. PURPOSE
The present geographical area of the Autonomous Region in Muslim Mindanao (ARMM) 6 Municipalities in the province of Lanao del Norte: Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal; 39 barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato the Cities of Cotabato and Isabela those qualified for inclusion in the plebiscite, by way of resolution or petition Bangsamoro Territory
Bangsamoro Waters and Zones of Joint Cooperation
The Bangsamoro Government BANGSAMORO PARLIAMENT BANGSAMORO CABINET MINISTERIAL (PARLIAMENTARY) FORM
Legislative Authority 60 members of the parliament – Party representatives – District representatives – Reserved seats & sectoral representatives 3-year term, no more than 3 consecutive terms Wali as titular head – performing only ceremonial functions BANGSAMORO PARLIAMENT 50% 40% 10%
The executive function and authority shall be exercised by the Cabinet Minister who shall be headed by a Chief Minister. Composition: Chief Minister, Deputy Chief Minister, and other ministers Executive Authority BANGSAMORO CABINET CHIEF MINISTER Elected by majority votes from among the members of the Parliament DEPUTY CHIEF MINISTER Appointed by the Chief Minister from among the elected members of the Parliament OTHER MINISTERS Majority shall also come from among the members of the Parliament
Intergovernmental Relations Mechanism A mechanism at the highest levels that will: – coordinate and harmonize the relationship between the Central Government and the Bangsamoro Government – Resolve issues/disputes on intergovernmental relations through regular consultations and continuing negotiations in a non-adversarial manner – Elevate unresolved issues to the President, through the Chief Minister
Philippine Congress-Bangsamoro Parliament Forum For cooperation and coordination of legislative initiatives Intergovernmental Fiscal Policy Board For cooperation and coordination on fiscal matters (e.g. harmonization of fiscal policies, address revenue imbalances and fluctuations, etc.)
Inter-Governmental Relations General Supervision Consistent with the Principle of Autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed.
Bangsamoro Justice System 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. Shari’ah Courts Traditional / Tribal Justice System Local Courts Alternative Dispute Resolution
Bangsamoro Justice System SHARI’AH COURTS Shari’ah Circuit Courts Shari’ah District Courts Bangsamoro Shari’ah High Court LOCAL COURTS Local courts in the Bangsamoro shall continue to exercise their judicial functions, as provided by law. The Bangsamoro Government may undertake measures to improve their workings, consistent with the powers of the Supreme Court.
BANGSAMORO POLICE Bangsamoro Police Director Deputy Provincial Director Municipal Chief of Police City Chief of Police Chief Minister Exercise operational control and supervision and disciplinary powers The Bangsamoro Parliament is authorized to enact laws to govern the Bangsamoro Police consistent with the Basic Law. The relationship between the Bangsamoro Police and the national support services of the Philippine National Police shall be determined by the intergovernmental relations body. The defense and security of the Bangsamoro shall be the responsibility of the Central Government. The Central Government may create a Bangsamoro Command of the Armed Forces of the Philippines for the Bangsamoro, which shall be organized, maintained, and utilized in accordance with national laws.
PUBLIC ORDER AND SECURITY – BANGSAMORO POLICE PHILIPPINE NATIONAL POLICE Law enforcement and maintenance of peace and order in the Bangsamoro It is part of the Philippine National Police.
PUBLIC ORDER AND SECURITY – BANGSAMORO POLICE BOARD NATIONAL POLICE COMMISSION It will perform the functions of the National Police Commission in the Bangsamoro. The Board shall be part of the National Police Commission (NAPOLCOM). The NAPOLCOM shall ensure that the Bangsamoro Police Board performs its powers and functions within the bounds of its authority.
Revenue Generation Taxation Fees and charges according to the exclusive and concurrent powers and functions of the BG Taxes Transferred to the Bangsamoro 1.Capital Gains Tax 2.Estate Tax 3.Donor’s Tax 4.DST 100% BANGSAMORO GOVERNMENT Taxes Already Devolved to the ARMM 100% BANGSAMORO GOVERNMENT National Taxes Collected in the Bangsamoro 25% CENTRAL GOVERNMENT 75% BANGSAMORO GOVERNMENT
Revenue Generation Sharing in the revenues from the exploitation, development and utilization of natural resources REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES Fossil FuelsMetallic MineralsNon-Metallic Minerals 50% BANGSAMORO GOVERNMENT 50% CENTRAL GOVERNMENT 75% BANGSAMORO GOVERNMENT 25% CENTRAL GOVERNMENT 100% BANGSAMORO GOVERNMENT
Annual Block Grant – share of the Bangsamoro in the national internal revenue, equivalent to 4% of the national internal revenue collection less the IRA of the LGUs Special Development Fund – for rehabilitation and development purposes, the amount of P7 billion for the first year, and P10 billion paid out over 5 years, shall be provided to the Bangsamoro Government. Other sources of funds
ECONOMY AND PATRIMONY On Natural Resources Preferential Rights of Bangsamoro People - People from and within the Bangsamoro shall have preferential rights over the Exploration, Development and Utilization of natural resources of the Bangsamoro Rights of Indigenous Peoples on Natural Resources – Share in revenues – Preferential rights in the EDU of natural resources within their area – Free and prior informed consent in relation to development initiatives
ECONOMY AND PATRIMONY On Natural Resources | On Mining Exploration, Development, and Utilization of Fossil Fuels and Uranium - Preferential rights to qualified citizens who are bona fide inhabitants of the Bangsamoro Subject to free and prior informed consent of the indigenous peoples in whose territory such natural resources are found
Indigenous Peoples General Principles Recognition & protection of customs and traditions, beliefs, and cultures of the indigenous inhabitants Freedom of Choice Just and Equal Treatment Freedom from Discrimination
Indigenous Peoples General Principles Protection of the rights of the indigenous peoples in the Bangsamoro United Nations Declaration on the Rights of Indigenous Peoples Economic and geographical criteria Individual and communal property rights Cultural integrity Customary beliefs Historical and community traditions
Indigenous Peoples Bangsamoro Transition Authority Bangsamoro Parliament Council of Leaders Cabinet Representative in the BTA Interim Cabinet: Indigenous Peoples Affairs Gender and ethnic balance in the hiring process for the bureaucracy 2 reserved seats Selection of nominees for reserved seats shall be pursuant to customary laws and indigenous processes Representative in the Council Council shall advise the Chief Minister on matters of governance Council shall also be organized during transition Parliament shall create an appropriate office or ministry for IPs, which shall be part of the Bangsamoro Cabinet On Governance | Representation
Plebiscite Decision-making levels: For the present geographic area of the ARMM: per province and city For the municipalities in the Province of Lanao del Norte: per municipality For the 39 barangays in North Cotabato:per barangay For Cotabato and Isabela City:per city For the petitioning LGU:per LGU
PLEBISCITE Information Campaigns Objective: To inform residents regarding the significance and meaning of the plebiscite and to help them to cast their votes intelligently Shall include sectoral campaigns for indigenous communities, etc. For information campaigns and other public advocacy initiatives with indigenous communities, local leaders shall be engaged to lead discussions in their respective communities
PLESBISCITE Information Campaigns Public advocacy initiatives shall be conducted within the framework of solidarity, cooperation, and unity Consultations shall give due respect to the roles of indigenous and Moro women, and encourage their active participation