November
28, 2014
Hon. Rufus Rodriguez
House Committee on Bangsamoro Basic Bill
House of Congress
Philippines
We,
the Lanao Peace Partnership, composed of non-governmental organizations and
government academic institution, have conducted series of grassroot-based
consultations and CAB-BBL Education in the 22 towns of Lanao del Norte, in the
cities of Iligan and Marawi and in some towns of Lanao del Sur since 2013 to
2014;
We
have partnered with the GIZ-Civil Peace Service (GIZ-CPS), the Office of the
Presidential Adviser on Peace Process (OPAPP), the Bangsamoro Transition
Commission (BTC), Department of Interior and Local Government (DILG) in Iligan
and Lanao del Norte, the National Commission on Indigenous Peoples in Iligan
(NCIP), and with municipal and barangay officials in the conduct of these
consultations and educative processes;
We
aimed at contributing in furthering a transparent and democratized peace
process by educating, consulting, and engaging stakeholders on the Comprehensive Agreement on the Bangsamoro (CAB),
Bangsamoro Basic Law (BBL) and other related updates of the peace process.
The
educative process targets to improve stakeholders’ knowledge, lessen
unnecessary fears or anxiety, and make them more adaptive on some uncomfortable
parts in the transitional phase. This is consistent to the principles of
inclusivity and of peoples’ participation where knowledge is requisite to
generate their support and ownership of the peace process, both in the local
and national levels.
We
have provided recommendations to the Bangsamoro Transition Commission (BTC) and
have shared our observations too to the Third Party Monitoring Team (TPMT);
We
have also responsibly conducted validation to determine whether or not the
recommendations from consulted communities are integrated in the drafted BBL;
We
are therefore humbly sharing to you our recommendations for inclusion in the
Bangsamoro Basic Law and also our perspectives on some concerns generated from
the communities;
1. LPP recommends to the Congress
the inclusion in the Bangsamoro Basic Law the full recognition of the Civil
Society Organizations (CSOs) as partner for peace and development agenda, particularly
in the transition phase.
2. LPP recommends inclusion
of more seats in the parliament for Youth Representation under the Bangsamoro
Basic Law’s sectoral representation and within the Bangsamoro structure. LPP
further recommends the inclusion of youth agenda under the Bangsamoro
Development Plan.
3. LPP recommends that
concerns for the orphans of former MNLF and MILF combatants, as victims of war,
should be addressed in the Transitional Justice aspect of the Normalization
process. We also recommend that the
Bangsamoro Police Force (yet to be organized) and the PNP will prioritize addressing
the proliferation of illegal drugs and arms trading in the region and
neighbouring areas as part of the internal security management.
4. LPP recommends to GPH
and MILF peace panels for the Third Party Monitoring Team (TPMT) to have
effective protocols in its monitoring activities at the grassroot level.
5. There is no guarantee
that political dynasty could be abolished under the drafted BBL and under the
Bangsamoro government. There is a need to continue the campaign against political
warlordism and dynasty and thus, LPP recommends to the Bangsamoro government to
adopt the anti-dynasty bill and for the national Congress to effectively act on
this too.
6. As to the concerns on freedom
of information, press freedom, and transparency through mass media, LPP
supports the call of Bangsamoro journalists for the creation of Ministry of
Public Information or Bangsamoro Information Agency.
7. LPP recommends the
extension of transition phase period to five years for effective,
participatory, democratic and conflict-sensitive transition in the Bangsamoro areas.
8. LPP likewise support the
peace and development agenda of the indigenous peoples within the Bangsamoro
and their just representation in the parliament by adding more seats in legislative
body for traditional IP leaders.
9. LPP recommends that
under the Normalization Aspect, program for scholarship and livelihood
assistance should be developed specific for former MILF combatants who have not
availed the opportunity for education and will be disqualified to apply for a
post in the Bangsamoro Police Force.
Further, we also share with you the following
observations with full trust that the House of Congress could provide
legislative measures for these concerns:
1. Conflict affected areas
in Lanao del Norte, which is not part of the Bangsamoro Core Territory, recommend
that they should be included in the rehabilitation or reconstruction under the
Normalization and Transitional Justice Aspects of Comprehensive Agreement on
the Bangsamoro.
2. There is increase of
knowledge about CAB and BBL among consulted communities (or among participants)
but thereremain evident fears and worries because the BBL does not guarantee a
future free from violence and social insecurity.
3. LPP noted that while
there is a democratic mechanism and option for communities who wanted to
petition for inclusion in Bangsamoro territory however, there is no express
mechanism for others who wanted to petition for exclusion.
4.
There
is also clamor from conflict-affected communities that the normalization
process and the transitional justice aspect should be clearly defined by
implementing authorities with participation from the grassroot communities
through democratic consultations and dialogues.
5. While we recognize that
the BBL provide democratic options for the Bangsamoro people outside the core
territory, but we also share their sentiments that the marginalization of
hinterland communities have encouraged or motivated them to consider the option
to petition for inclusion with hope to experience positive community
development and transformation.
6. In the transition phase,
communities raised concerns about job insecurity; on the taxation policy within
Bangsamoro region; and on the internal revenue allotment of LGUs and barangays who
are contemplating to petition for inclusion.
7. There was also serious
concern on when will the Comelec issue the directives and mechanism on the
process of petitioning for inclusion.
We
submit these recommendations and observations, along with an Annex that details the
consolidated result of our consultations and dialogues, for your kind-heart
consideration and action.
Thank
you very much for this space where our voices are heard.
Sincerely and for the people,
ROBERTO M. QUIJANO ENGR.
MARIAM BARANDI
Acting
Managing Director Executive
Director
Pailig Development Foundation Inc. Kapamagogopa
Inc.
Prof. JUVANNI A. CABALLERO REGINA SALVADOR-ANTEQUISAOfficer-in-Charge
Executive
Director
MSU-IIT Institute for Peace and Ecosystems Work for Essential
Benefits Inc.
Development in Mindanao
JUANITO C. ENRIQUEZ, JR. VIOLETA M. GLORIA
Managing Director
Lanao Peace Partnership Coordinator
Civil Society Organization Forum GIZ-Civil Peace
Service-LPP/EFK
for Peace Inc.
ANNEX 1. CONSOLIDATED
COMMUNITY-BASED RECOMMENDATIONS FROM VARIED CONSULTATIONS DONE BY THE LANAO
PEACE PARTNERSHIP FROM OCTOBER TO DECEMBER 2013, IN FEBRUARY 2014, AND FROM SEPTEMBER TO
DECEMBER 2014.
PART 1. CONSOLIDATED CONSULTATION RESULTS from CORE
TERRITORY with VALIDATION TO DETERMINE IF THESE COMMUNITY-BASED RECOMMENDATIONS
SUBMITTED TO THE BANGSAMORO TRANSITION COMMISSION (BTC) ARE DULY INTEGRATED IN
THE BANGSAMORO BASIC BILL.
The
public consultations aimed to achieve the following:
1.
Participants freely expressed, shared and contributed their hopes and dreams
for a peaceful Bangsamoro which can be an essential parcel in the drafting of
the BBL.
2.
Participants get the feel of ownership and participation for the building of
lasting peace in Mindanao specifically Lanao del Norte and Iligan City.
3.
Participants grasp the history of the Bangsamoro struggle and how it affected
the contiguous regions and the entire nation.
4.
Provide open spaces for communities to share their vision, sentiments,
expectations, recommendations and plans for sustaining peace in their areas.
The
consultation results can be classified into themes such as territory,
government, education, security, natural resources, economy, justice system,
election system, basic rights for women, youth, labor and indigenous peoples.
Below
are the issues raised from participants coming from six towns or communities in
Lanao del Norte deemed part of the core territory of the Bangsamoro.
ISSUES/
CONCERNS
|
RECOMMENDATIONS FROM PARTICIPANTS
|
SPECIFIC PROVISION/STATUTE IN THE BANGSAMORO BASIC BILL BASED ON
VALIDATION
|
Breakdown
of law and order/ persistence of impunity:
·
Widespread theft
·
Killings that has become more frequent
·
Unhindered trading of illicit drugs
|
Strengthen
the institutional capacity of the future Bangsamoro police force
|
Section
1-18, Art XI. Public Order and Safety
LPP
recommends that the Bangsamoro Police Force and the PNP will prioritize
curbing or preventing the proliferation of illegal drugs and arms trade in
the region and neighbouring areas.
In
CAB, this can be addressed under Annex on Normalization, Part A.
|
Persistence
of ‘RIDO’
|
*Rein
in the MILF forces from participating in the ‘rido’ of relatives;
*Expand
the coverage of cases that shariah justice applies to;
Institutionalizing
appropriate justice mechanisms;
Expand
the coverage of shariah to include Bangsamoro people living outside the
Bangsamoro territory
*build the
capacity for dialogue of relevant governance structures
|
Sec.
1- 28; Art X. Bangsamoro Justice System.
It encourages plural justice system where
people could avail remedies from regular court, Shariah court, traditional
and customary way of resolving dispute and alternative dispute resolution
system.
Section
1-18, Art XI. Public Order and Safety .
Reining
the MILF forces can be addressed through B1 & B3 under Normalization
aspect of CAB.
Art
IX . Basic Right.
Sec
4 & Sec. 8 Art VI. Intergovernmental Relations
Sec.
6 A to H of Art VII. Bangsamoro Parliament (BBL)
Sec.
21 Art VII Bangsamoro Parliament (BBL)
|
Poor
environmental protection practices
|
*Strengthen
environmental law enforcement in the Bangsamoro autonomous setup
*Greater
powers for Bangsamoro to implement localized actions against environmental
law violators
|
Art
V Sec 34. Powers of Government and Sec. 37.
Art
V Sec 2 (4)
Art.
V. Sec 3. (44, 53)
Art.
V. Sec 4 (b)
Art
XIII. Sec 2, 3, 4, 5 and Sections 8,
9, 10, 11, 12, 13, 15, 16, 17, 19, 20, 22, 23 and 27.
Art
IX. Section 5
|
Militarization
of communities:
·
MILF ‘law enforcement’ operations
·
AFP troops getting interested in the
outcomes of local conflicts
|
*MILF
rein in its forces
*Deal
with command structures; make them accountable for action of units
*MILF
to disarm; former combatants given livelihood or Conditional Cash Transfer
benefits
|
Normalization
Annex of CAB.
|
Name
of the autonomy area
|
Restore
the name ARMM
|
The concept of Bangsamoro as an identity
(Art 2) and as a name of political entity (Art 1). Bangsamoro as a territory is discussed in
Art. 3.
|
Assurance
that any agreement between govt and the MILF should be implemented faithful
to its letter and spirit
|
Involve
the grassroots communities in monitoring the implementation of the agreement
|
FAB,
CAB and BBL
Sec
7 Art 4 discussed social justice; Sec 6 on promotion of right; and Sec 2 of
Art guarantees a democratic political system.
For
monitoring, the CAB and BBL implementation will be monitored by the Third
Party Monitoring Team consisting of 5 persons from international and national
personalities.
LPP
recommends to GPH and MILF peace panels for the TPMT have effective protocols
in its monitoring activities at the grassroot level.
|
Protection
of minority rights
|
Ensure
equality of rights of all Bangsamoro constituents regardless of religion,
culture
|
Art
IX Sections 1-21. Bangsamoro Basic Rights.
|
ISSUE/
CONCERN
|
RECOMMENDATIONS FROM PARTICIPANTS
|
SPECIFIC PROVISION/STATUTE IN THE BANGSAMORO BASIC BILL BASED ON
VALIDATION
|
Transparency
in every aspect of govt affairs
|
*Institutionalize
citizen participation in various aspects of Bangsamoro governance
*Policy
recognition of role of CSOs in fostering inclusive Bangsamoro development
|
Art
IX Sections 1-21. Bangsamoro Basic Rights.
Art
IV Sec 2. Democratic Political System
Art
IV Sec. 4 Civilian government
Art.
IV Sec 7 . Social Justice
Art.
V Sec 4 (n) – adopt measures and promote the rights of peoples’ organization
and other collective organization.
LPP
recommends to the Bangsamoro government the full recognition of the civil
society organization as partner for peace and development agenda within
Bangsamoro region and its neighbouring areas.
|
Effective
law enforcement and policing:
-fairness
of enforcing the law
-avoid
discrimination
-easy
solution of crimes
|
*Future
Bangsamoro police undergo rigid training
*Bangsamoro
police outside of MILF influence and control
*Govt
must lead the Bangsamoro police force, setting qualifications who can be
admitted into it.
|
Art
XI. Section 1-18, Public Order and Safety.
Details
are also present under the Normalization aspect of the CAB.
|
Dominance
by a few families over Moro politics and electoral outcomes
|
*Abolition of
political dynasties in Bangsamoro
|
There
is no guarantee that the proposed governmental structure in BBL under
Bangsamoro government can abolish political dynasty. There is a need to
continue the campaign against political warlordism and dynasty.
LPP
recommends to the Bangsamoro government and its parliament to adopt the
anti-dynasty bill.
|
Improving
the madrasah education system
|
*Grant
competitive salaries for madrasah educators, similar to regular teachers
*timely
release of salaries of madrasah teachers
*build
more madrasah schools
*sufficient
honorarium and other benefits for imam/madaris teachers;
*recognition
of madrasah by LGU
*building
of madrasah buildings, esp. in the remote areas
|
Bangsamoro
Basic Right.
Art
V Sec 4 (l and m) – Creation of a ministry of madaris and conduct of periodic
competitive qualifying examinations of madaris teachers for permanent
appointments to the Bangsamoro education system
Art
IX Sec 13– Rights to education
|
Poverty
|
*for
Central govt and Bangsamoro govt to implement a comprehensive social and
economic devt program aimed at lifting the Bangsamoro areas from
impoverishment
-
road infra
-
support to agriculture
- education (enshrined as right in Basic Law)
- social
services (enshrined as right in Basic
Law)
*ensure equal
access by women to social and economic services
|
Bangsamoro
Development Plan
Art
5, sec. 2 (12)
Art
5, sec 3 exclusive powers.
Art
IX Sec.13 & 17. Education as a basic right.
Art
XIII Economy and Patrimony;
Sec
23 Art XIII – Agriculture, Fisheries and Aquatic resources
Women
– Seat in the BTA as a sectoral representative, GAD, gender equity, reserved
seat in the parliament,
|
Poor
observance of customary laws; there is ‘gradual phasing out’ of customs and
traditions
|
Recognize
customary laws as source of rights and duties in the respective localities;
to be enshrined in Basic Law
|
Art
X Sec 23. Bangsamoro Justice System. – Traditional and Tribal Justice System
Preamble
|
Ensuring
affirmative action for education of Bangsamoro youth
|
*enshrine
right to education in Basic Law as fundamental right of youth within
Bangsamoro territory
*massive
investment for school buildings in remote areas
*free
college education
*free
teacher training
|
Art
IX Sec.13 & 17.
Bangsamoro
Basic Right
Creation
of Madaris.
|
Fostering
Muslim-Christian cultural understanding and harmony
|
*Culture
of Peace training mainstreamed in educational system;
|
Preamble.
Basic
Rights.
|
PART 2. CONSOLIDATED
COMMUNITY-BASED RECOMMENDATIONS FROM THE NON-STATE
ACTORS’ CONSULTATION (OR MEMBERS OF THE MORO NATIONAL LIBERATION FRONT):
M’RANAO FORUM IN LANAO DEL NORTE DONE BY THE LANAO PEACE PARTNERSHIP on
FEBRUARY 2014.
In keeping with its commitment to the
Bangsamoro Transition Commission (BTC) to undertake public engagement
activities in relation to the Bangsamoro transition, the Lanao Peace
Partnership (LPP) cooperated with CSOs based in Lanao areas, in the conduct of
these consultation with NSAs in Lanao del Norte. The consultations with non-state armed actors and their communities was a
space to ventilate their concerns and to collate their recommendations to the
Bangsamoro Transition Commission who were thentasked to draft the Bangsamoro
Basic Law. The participants of these
consultations came from the towns of Poona Piagapo, Piagapo, Maigo, Kauswagan, Tagoloan, Iligan,
Munai and Matungao.
TOPICS
& DISCUSSION POINTS
|
RECOMMENDATIONS FROM PARTICIPANTS
|
SPECIFIC PROVISION/STATUTE IN THE BANGSAMORO BASIC BILL BASED ON
VALIDATION
|
Topic A:
Institutionalization of Maranao Culture
Ø Maranao culture are slowly faded
Ø As a Maranao, we should sustain our culture because Maranao are very
Hospitable
Ø If could only sustain the Maranao culture. disunity will not be arise
Ø Language and the way Maranao dress up nowadays were faded
Ø Main purpose of this topic is to be integrated in Department of
Education is the establishment of Bangsamoro in the ratification of BBL.
Ø To strengthen the “Taritib Ago Igma” (Customary Law in Maranao)
Ø Government should recognize and support the Taritib Ago Igma
|
Before and after,
either the negotiation will pursue or not the culture of Maranao must be
Integrated in the DepEd
ü The Maranao Culture shall be integrated as one Curriculum in the
Department of Education.
Learn/Teach more about
the ff:
a)
Customs – create
institution or school that focus on Maranao Custom, problem is that the one
who handle or preserve for Maranao culture are other people e.g. the
performers in MSU or the Sining Pananadum. They perform both local and
International
b)
Language – Maranao is
proud of his self, because he can speak in various dialect but he
already forget/abandon his own
Language
c)
History – “Darangun”
(History) of Maranao, before Agoncilio Maranao are very good. They call
Mindanao as promise Island. But when Agoncilio came into scene He said,
promise Island is made by Politician
d)
Rights – It is more on
Civil Rights
e)
Special laws – Conacre
Liability should be included
f)
Enhancement of the
P.D. 1083 known as Philippine Muslim Code/ genuine Shariah Law – there should
have a revise in the P.D. 1083
|
Preamble of BBL
recognizes peoples’ diversity and the significance of culture in their way of
life.
Art IX Sec 6, 19, 20,
21 Customary rights; tradition & Culture;
and Management of Bangsamoro Historical and Cultural Sites.
Right to education and
the right to enjoy the diversity of culture are considered as fundamental
Bangsamoro Basic right.
Art V Sec 4 (l and m)
– Creation of a ministry of madaris and conduct of periodic competitive
qualifying examinations of madaris teachers for permanent appointments to the
Bangsamoro education system
Sec 13 Art IX – Rights
to education.
The enhancement of
Shariah law’s enforcement provides more opportunity for Bangsamoro peoples to
enjoy their civil rights.
|
Topic B:
Assertion of Equal Rights and Privileges of MNLF
Mujahedeen in the Present Phase of the MILF-GPH Peace Agreement
Causes:
1.
MILF’s Non recognition
of brother MNLF Mujahedeen struggle for total liberation of the Bangsamoro
homeland.
2.
OIC believes more in
the scripted MILF-GPH peace agreement than the silent majority (MNLF based).
3.
As a result of the WAR
of attrition employed by the GPH and other accomplice to the crime of soft
genocide committed against the Bangsamoro people.
4.
The divide and rule
tactic employed by the GPH on the Bangsamoro people.
Effects:
1.
Bangsamoro people
disunited.
2.
Poverty proliferated
throughout the Bangsamoro homeland.
3.
We lost our dignity as
a Bangsamoro nation.
Topic C: How was the Agreement between MNLF And
GPH? It may be forgotten.
Issues:
1. What is now happening on the Agreement between MNLF and GPH on the
year 1976 until now?
·
Did the GPH stop the
negotiation with the MNLF?
·
The GPH did not
conform on MNLF the TRIPOLI agreement that had been affirmed on the year 1976
Topic D:
Decommissioning of Firearms
Advantage:
Ø If both side (GPH-MILF) are sincere on the peace agreement on the
Annex on Normalization then it’s possible that we can achieved peace
Ø The only way for us to feel that were safe mostly to those who had a
conflict or Rido, having weapon had a big role to protect us from danger
Disadvantage:
Ø If the Mujahidin will not be knowledgeable concerning on the annex on
Normalization, possible peace will no longer exist
Topic E:
Character of Bangsamoro
Ø Majority affirm that in every trouble that happen, Moro’s are usually
their blaming
Ø The agreement between the MNLF and the Government on Tripoli Agreement
on 1976 during the time of Nur Misuari, is Nur Misuari still the Chairman on
MNLF?
Ø Is government will not lie on the Agreement that was being processed?
Ø Government did not conform the agreement that was agreed on the both
side MNLF & GPH
|
ü Conduct of renewed peace dialogue.
ü This time including the MNLF participation in the peace panels.
ü The MNLF still wanted to continue their wants/demands concerning on
the process of the TRIPOLI Agreement until now
ü The rights of the MNLF to be included on the drafting of the
Bangsamoro Basic Law
ü MNLF wants to have their own rights on the land of the Bangsamoro
ü It will be hard for us to surrender our fire arms, especially those
Maranao’s who had their Rido issues in order to protect our selves
ü Signing of the Agreement should be push through sincerely
ü What have agreed should be implemented to have true and lasting peace
ü We need to have a patience and unity for the peace to sustain
ü Inclusiveness and participatory of MNLF in the issues of peace process
nowadays
|
This matter is
addressed under the Normalization aspect of the Comprehensive Agreement of
the Bangsamoro. The MNLF is also beneficiary of the PAMANA project of the
GPH.
There is a continuing
dialogue between the MILF, MNLF, GPH and OIC. There is also a Bangsamoro
Coordination Forum where issues can be ventilated and deliberated.
Under the
Normalization aspect of the Agreement, the GPH and the MILF identified
Transitional Justice Mechanism to address historical injustices, legitimate
grievances, human rights violation, and guarantees of the non-recurrence in
the Bangsamoro regions regardless of their political affiliations.
This matter is
addressed under the Normalization aspect of the Comprehensive Agreement of
the Bangsamoro. The MNLF is also beneficiary of the PAMANA project of the
GPH.
There is a continuing
dialogue between the MILF, MNLF, GPH and OIC. There is also a Bangsamoro
Coordination Forum where issues can be ventilated and deliberated.
Under the
Normalization aspect of the Agreement, the GPH and the MILF identified
Transitional Justice Mechanism to address historical injustices, legitimate
grievances, human rights violation, and guarantees of the non-recurrence in
the Bangsamoro regions regardless of their political affiliations.
The GPH and MILF
guarantee inclusivity in the establishment of Bangsamoro government.
The GPH and MILF
guarantee inclusivity in the establishment of Bangsamoro government.
The CAB further guarantees
that the result and outcome of the establishment of the Bangsamoro government
will not be less than what is agreed upon by the GPH and MNLF.
|
Topic F:
What will happen when the dialogue between the MILF
& GPH will not succeed/what will happen if the agreement will not be
fully implemented?
Ø The people will be force to prepare for another battle
Ø The Moro fighters have already experienced it last 1996 when the
government of the Philippines did not follow what has been agreed between the
MILF and the GPH
Ø Citing a conversation of MNLF Commander Nur Minsuari with secretary
Deles, Nur Minsuari asks what does
Sec. Deles talks about when she said that the second phase of 1996
agreement are already done when they have not given what the MILF is asks for
Ø The team agrees to the content of the Framework Agreement
|
ü There should be other steps to address what has not been agreed.
Example dialogue between MILF & MNLF
ü The Government should be sincere in the agreement to fulfill lasting
peace in Mindanao recognition of the MNLF former and current combatant in the
current MILF-GPH agreement
|
There is a continuing
dialogue between the MILF, MNLF, GPH and OIC. There is also a Bangsamoro
Coordination Forum where issues can be ventilated and deliberated.
|
Topic G:
Concerns of the Youth
They posed the
following questions:
1. What is the role of the youth in the Peace Process?
2. What are the benefits that the youth can gain from the Bangsamoro?
(Youth, students & orphans?)
3. What moral values and lessons can we gain from the PP?
I.
Rights (Kabnar)
II.
Benefits (Gona)
III.
Connection
IV.
To know the Do’s and
Dont’s
V.
Moral
|
ü Rights of the Youth, voices of the youth must be heard (Freedom of
expression within Bangsamoro)
ü Education – we need to know and understand what is stated in the
BBL/FAB concerning the youth what are our ancestors fighting for?
ü Establishment of Youth Organization within the Bangsamoro (like
Sangguniang Kabataan-Separate)
ü Rules and regulations concerning the Youth, what are the restrictions?
What can we do and cannot do?
ü Special programs for the youth? Programs that can convert the
attention of the youth so that drug addiction bad activities like “Karera”
will be lessen
ü Rights to Education of the Orphans- those youth who lost their parents
during the war
ü Benefits for the descendents of Combatants
-
Scholarships
Trainings and Seminars
|
This is recognized
under the Bangsamoro Basic Right.
Art IX Sec.13 & 17
In Iligan, there are
youth leaders educated on FAB, CAB and BBL. LPP recommends OPAPP to conduct
more CAB-BBL Education for youths. LPP recognizes also the presence and
participation of the youths in all community-based CAB-BBL education.
LPP recommends inclusion of more seats
in the parliament for youth representation under the Bangsamoro Basic Law and
within the Bangsamoro structure. LPP further recommends the inclusion of
youth agenda under the Bangsamoro Development Plan.
LPP recommends that concerns for the
orphans of former MNLF and MILF combatants, as victims of war, should be addressed
in the Transitional Justice aspect of the Normalization process.
Art IX Sec. 10 &
12 Rights of Children
|
PART 3. CONSOLIDATED
COMMUNITY-BASED RECOMMENDATIONS FROM THE NON-STATE
ACTORS’ CONSULTATION (OR MEMBERS OF THE MORO NATIONAL LIBERATION FRONT):
M’RANAO FORUM IN LANAO DEL NORTE DONE BY THE LANAO PEACE PARTNERSHIP on
FEBRUARY2014.
Topic
|
RECOMMENDATIONS FROM PARTICIPANTS
|
SPECIFIC PROVISION/STATUTE IN THE BANGSAMORO BASIC BILL BASED ON
VALIDATION
|
A.
Strengthening Shariah Law
|
-
Full implementation of Shariah Law
-
Creation of Municipal Shariah Court in every
municipality
-
Creation of Provincial District Court in every
province
-
Creation of Shariah Supreme Court
-
Organization of Shariah Affiliate Court
-
Strengthening of qualification of Shariah Lawyer
o Must be a
member of Integrated Shariah Bar
o Must be a
graduate of Shariah
-
Rights and privileges of Ulama to be given without
the interference of the politicians
|
Sec. 1- 28; Art X. Bangsamoro Justice System includes the
strengthening of Shariah Justice system.
|
B. Retaining
“Muslim Mindanao” in the Bangsamoro Government
|
Suggestion
and Recommendation
-
Bangsamoro Parliamentary Government in Muslim Mindanao
-
Bangsamoro Political Entity in Muslim Mindanao
-
Bangsamoro Government in Muslim Mindanao
-
The word “Muslim” must be stated in the proposed
Basic Law
-
The word “Muslim Mindanao” is the legacy of late
President Corazon Aquino to the Muslim when it is stated in the fundamental
law, hence its retention.
|
The concept of Bangsamoro as an identity (Art 2) and
as a name of political entity (Art 1).
Bangsamoro as a territory is discussed in Art. 3.
Muslim refers to believer and practitioner of
Islamic faith.
|
C. In the event
CAB will be failed? What shall we do? What are our perspectives and actions?
|
Discussion Note
-
All notable/doable perspectives and actions must be
based on the mandate of the people, religion and country as a basic unit
framework of discussion.
Salient Features
-
Strengthening; peace-education; peace-economy and
strong faith
Key Understanding
-
Unity of efforts, perseverance, trust worthiness and
genuine Jihad Fiy Sabiylillah
Observations
-
Muslim Leaders must have to be always with sincere
support.
Actions and Action Steps
-
Sincere devotion and desirable commitment
Activities
-
Series of Peoples’ Consultations through forum and
discussions to arrive at a remarkable point.
Timeline and Milestones
-
At utmost needs and upon comprehensive consensus of
stakeholders
Signs of CAB Failures
-
Used of technicalities against the success of the
CAB
-
Lengthy of discussions and approval as delaying
tactics
-
Actual disapproval by concerned authorities
-
On both parties GRP-MILF violates the CAB
Our demands in case of CAB Failures:
-
Joint supports and strong connections to the
International Communities
-
In case of failures of GRP-MILF Negotiations, still
subject to international law, and not to local law
-
Stop military (AFP) deployment to the Bangsamoro
Areas and communities
-
Accessibility of Mass Media
Conclusion
-
The Success of “Peace Agreement” serves as the
tangible progress of peace living conditions of the Filipino People and the
Bangsamoro.
|
Refer to general principles of the BBL and the basic rights.
As
to the concerns on accessibility to information and ensuring transparency through
mass media, LPP supports the call of Bangsamoro journalists for the creation
of Ministry of Public Information.
|
D. Traditional
Leaders
|
Points of Discussion
-
Manners of Selection
-
Proportional Representation
-
Manners of Succession
-
Strengthening Sultanate Participation in the
Bangsamoro Government
|
Article V. Sec 3 (27) Customary laws.
Art. VI. Intergovernmental Relations.
Art. VIII (Wali)--BBL recognizes the Wali, the traditional system of
the indigenous peoples within Bangsamoro territory and the customary ways of
the Bangsamoro culture.
Art VII Sec 6
|
E. Lake Lanao
and Its Environ
|
-
This topic was merged with another topic
|
-
Art V. Sec 3 (29, 34, 35, 36, 37)
|
F. Current ARMM
Government vs Bangsamoro Entity
|
-
This topic was merged with another topic
|
-
|
G. If CAB will
be successful
|
-
Pilgrimage to Makkah every year shall have direct
destination to every strategic city/town of the area of the Bangsamoro;
Malabang is one.
-
Oil exploration within the region of the Bangsamoro;
Bangsamoro citizen shall get priority for its employment
-
Every Bangsamoro family shall get a honorarium per
month of 10, 000.00 for the first five years.
-
Every Arabic student starting from I’Dadi shall
receive a monthly allowance of 5, 000.00, Sanawi – 10, 000.00, Koliyya – 15,
000.00
-
All infrastructural project shall be headed by Ulama
Group
-
All Arabic Teachers shall receive a minimum salary
of 30, 000.00
-
Veterans either from any group shall receive a
monthly salary of 50, 000.00
|
Art V Sec. 26 Hajj and Umrah
Art XIII Sec 8, 9, 10, 11, 17
?
The Ministry of Education can develop scholarship for youths in
coordination with the DEpEd and other related agency or departments.
Salary standards/grade of employees in DepEd is subject to the policy
under civil service.
|
H. Muslim
Justice in Supreme Court
|
-
Appointment of Shariah Lawyer Justice to decide
appealed Shariah cases
-
Appointment of Shariah lawyers, real notarial
commission, anywhere in the Philippines over Bangsamoro documents
-
Shariah lawyer eligibility to lateral entry
-
Basic Shariah law to be incorporated to educational
curriculum within Bangsamoro Territory
-
Creation of Shariah Court in Luzon and Visayas
-
Councilor, Lawyer- in any of which is an appropriate
addressed to Shariah lawyers
|
Art X Sec 25, 27
Art X Sec
1-22.
We leave this to the wisdom and decision of Supreme
Court.
|
I. Duration of
Transition Government (MILF)
|
-
No Election on 2016;
Five years transition period
-
All provinces, cities and municipalities under ARMM
and other municipalities who have agreed to be of the Bangsamoro Government
should automatically part of it and should not undergo plebiscite.
|
LPP recommends the extension of transition phase for five years for
effective, participator, and conflict-sensitive transition.
|
K.
Economic-Base Building for Bangsamoro: The Agri-Industry Venue
|
Areas of Consideration
-
The areas of autonomy consist largely of
agricultural lands that are under-utilized.
-
Modern technology/technocrats are readily mobilize
among Bangsamoro communities
-
Capital Formation for agri-industry can come from
both private and public sector
-
Markets for agri-industry products are present
and/or easily expandable
-
Bangsamoro Development agency has high-agenda for
economic-base building in the autonomy
Recommendations-Action
-
Creation of Regional Agri-Industry Research Center
and Development Board of Council.
-
Establishment of, in provinces, cities and
municipalities, local center for agri-business research development and
promotion; local budget for the financing of agri-business training and
entrepreneurships support; agri-business models (farms, establishments,
communities)
-
Establishment of credit facilities and financing for
initiatives that contribute the Eco-base building for Bangsamoro.
-
|
Art. XIII of BBL
Art. XIII Sec 5 Bangsamoro
Development Plan
|
PART 4.
CONSOLIDATED COMMUNITY-BASED RECOMMENDATIONS AND CONCERNS GENERATED FROM THE
CAB-BBL COMMUNITY-BASED EDUCATION IN THE HINTERLAND, COASTAL AREAS, AND URBAN
CENTER OF ILIGAN CITY AND LANAO DEL NORTE (FROM SEPTEMBER 2014 TO DECEMBER
2014)
·
Conflict
affected areas in Lanao del Norte, which is not part of the Bangsamoro Core
Territory, recommends that they should be included in the rehabilitation or
reconstruction under the Normalization and Transitional Justice Aspects of
Comprehensive Agreement on the Bangsamoro.
·
There
is increase of knowledge about CAB and BBL among consulted communities (or
among participants) but there remains evident fears and worries because the BBL
does not guarantee a future free of violence and threat.
·
LPP
noted that while there is a democratic mechanism and option for communities who
wanted to petition for inclusion in Bangsamoro territory however, there is no
express mechanism for others who wanted to petition for exclusion.
·
There
is also clamor from conflict-affected communities that the normalization
process and the transitional justice aspect should be clearly defined by
implementing authorities with participation from the grassroot communities
through consultations and dialogues.
·
While
we recognize that the BBL provide democratic options for the Bangsamoro people
outside the core territory, but we also share their sentiments that the
marginalization of hinterland communities have encouraged or motivated them to
consider the option to petition for inclusion with hope to experience positive
community development and transformation.
·
In
the transition phase, communities raised concerns about job insecurity; on the
taxation policy within Bangsamoro region; and on the internal revenue allotment
of LGUs and barangays who are contemplating to petition for inclusion.
·
There
was also serious concern on when will the Comelec issue the directives and
mechanism on the process of petitioning for inclusion.
Sincerely and for the people,
ROBERTO M. QUIJANO ENGR.
MARIAM BARANDIA
Acting
Managing Director Executive
Director
Pailig Development Foundation Inc. Kapamagogopa
Inc.
Prof. JUVANNI A. CABALLERO REGINA SALVADOR-ANTEQUISA
Officer-in-Charge
Executive
Director
MSU-IIT Institute for Peace and Ecosystems Work for Essential
Benefits Inc.
Development in Mindanao
JUANITO C. ENRIQUEZ, JR. VIOLETA M. GLORIA
Managing Director
Lanao Peace Partnership Coordinator
Civil Society Organization Forum GIZ-Civil Peace
Service-LPP/EFK
for Peace Inc.