The Proposed Bangsamoro Basic Law and the Constitution By: Pedrito A. Eisma Commissioner Bangsamoro Transition Commission

Similar documents
INTERNAL RULES OF THE BANGSAMORO TRANSITION COMMISSION RULE I TITLE

Oxfam in the Philippines

Office of the President NATIONAL COMMISSION ON INDIGENOUS PEOPLES Quezon City

Constitution of the Student Body of the University of South Florida at Tampa ARTICLE I: MEMBERSHIP AND RIGHTS OF STUDENTS

[MUSLIM MINDANAO AUTONOMY ACT NO. 241]

Constitutional Revision under Pres. Rodrigo Duterte: Cha-cha Circa KEY POLICY ISSUES ON FEDERALISM : A Policy Action Conference

WHEREAS, the Philippine Constitution furthermore provides that the State shall

The General Framework of Agreement of Intent Between the GRP and the MILF dated August 27, 1998;

CHAPTER 1 THE NATURE OF THE ALLIANCE

BYLAWS LEAGUE OF WOMEN VOTERS OF CAMDEN COUNTY Revised 2016

MODEL CONSTITUTION OF A REGIONAL CHAPTER. The Preamble

CONSTITUTION AND BYLAWS

MUSLIM MINDANAO AUTONOMY ACT NO. 185

Constitution of the Associated Students of Madison

International Military Community Executives Association CONSTITUTION AND BYLAWS. December 2012

BYLAWS PRIVATE PRACTICE SECTION AMERICAN PHYSICAL THERAPY ASSOCIATION ARTICLE I. NAME AND RELATIONSHIP TO AMERICAN PHYSICAL THERAPY ASSOCIATION

PLENARY SESSION EIGHT 5 JUNE 2013 WILL PEACE HOLD IN MINDANAO?

Seventh Day Baptist General Conference

Constitution of the North-American Interfraternity Conference (Last Revised: December 2, 2015)

CONSTITUTIONAL REVIEW BILL

BY-LAWS. of the ASSOCIATED STUDENTS, INCORPORATED CALIFORNIA STATE POLYTECHNIC UNVERSITY, POMONA

Republican Party of Minnesota

KANSAS ASSOCIATION OF CODE ENFORCEMENT, INC. BY-LAWS

Constitution of the Student Union of Washington University in St. Louis

CCDP-B Bulletin Official Newsletter of the Comprehensive Capacity Development Project for the Bangsamoro

A Better Bangsamoro for all: Women s Contributions to the Bangsamoro Basic Law

Mid-Term Assessment of the Quality of Democracy in Pakistan

CONSTITUTION of the TEXAS ASSOCIATION OF MUSEUMS, Inc. ARTICLE I Name

JACKSON COUNTY DEMOCRATIC COMMITTEE

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE GRP-MILF TRIPOLI AGREEMENT ON PEACE OF 2001

PHILIPPINES (Mindanao-MNLF)

CONSTITUTION OF ZIMBABWE AMENDMENT (NO. 19) BILL, 2008

Let s Talk About Our CONSTITUTION. New Sri Lanka. Fundamentals Rights Fairness. Peace. Unity. Equality. Justice. Development

SNAPSHOT OF CIVIL SOCIETY IN THE PHILIPPINES QUESTIONNAIRE TO MEMBERS OF THE AFFINITY GROUP OF NATIONAL ASSOCIATIONS (AGNA)

Constitution of the Student Union of Washington University in St. Louis

Mindanao Framework Peace Agreement

Olympic Park Neighborhood Council Bylaws

TEXAS ACADEMY OF FAMILY PHYSICIANS BYLAWS (Revised November 2017)

KC MID-AMERICA CHAPTER BYLAWS DRAFT COMPLETED

Associated Students Of Washington State University Everett. Constitution

Bylaws NAMI Wyoming National Alliance on Mental Illness (Adopted by Membership 5/2/09, as amended 5/18/14)

ASSOCIATED STUDENTS OF GRAND CANYON UNIVERSITY CONSTITUTION

BY-LAWS OF THE REGINA SOUTH SASKATCHEWAN CHAPTER OF THE PROJECT MANAGEMENT INSTITUTE PROPOSED CHANGES IN YELLOW

The Constitution of the Texas Junior State of America As Amended November 23, 2013 PREAMBLE ARTICLE I - Name ARTICLE II - Purpose Section 1:

MORGAN STATE UNIVERSITY ALUMNI ASSOCIATION

LIFE at UCF, Inc. BY-LAWS

Constitution and Bylaws of the Ohio Conference United Church of Christ Preamble

EXHIBIT A: DEFAULT BYLAWS

STUDENT SENATE BILL Title: Chapter and Bylaws of the Board of College Councils. Author(s): BOCC President Aaron Froug

PHILIPPINE NURSES ASSOCIATION METROPOLITAN HOUSTON. Constitution and Bylaws

Empowering Women or Hollow Words?

NATIONAL DEFENSE TRANSPORTATION ASSOCIATION BY-LAWS. November 1, 2009

BY-LAWS OF THE IOWA COMMUNITY THEATRE ASSOCIATION, INCORPORATED

[MUSLIM MINDANAO AUTONOMY ACT NO. 197]

CONSTITUTION AND BYLAWS OF THE SOCIETY OF FIRE PROTECTION ENGINEERS June 16, ARTICLE I Name

History and Analysis of Conflict in the Bangsamoro. History and Analysis of Conflict in the Bangsamoro

SD Democratic Party Constitution (Adopted December 12, 2015)

Wisconsin Association for Home and Community Education, Inc., By-Laws

PHILIPPINE NURSES ASSOCIATION METROPOLITAN HOUSTON

CONSTITUTION OF THE STUDENT OSTEOPATHIC MEDICAL ASSOCIATION

PHILIPPINE MEDICAL ASSOCIATION CONSTITUTION PREAMBLE

THE AWARENESS OF NLPSC COMMUNITY TOWARDS A FEDERAL REPUBLIC

Society of Research Administrators International Chesapeake Chapter, SRA Bylaws

POLITICAL AND INTERNATIONAL LAW

OPHTHALMIC PHOTOGRAPHERS' SOCIETY, INC. (OPS) BYLAWS ARTICLE I: NAME. The name of the society is OPHTHALMIC PHOTOGRAPHERS' SOCIETY, INC. (OPS).

To coordinate, encourage, and assist county growth through the County central committees,

Philippines Laws on Referendum: Implementation Experience and Challenges 1 By Dr. Cheselden George V. Carmona

THE CONSTITUTION THE PREAMBLE

AMERICAN SOCIETY FOR CLINICAL LABORATORY SCIENCE-TENNESSEE BYLAWS

COVERAGE POLITICAL AND INTERNATIONAL LAW 2014 BAR EXAMINATIONS

International Convention on the Elimination of all Forms of Racial Discrimination

Natchitoches Tribe of Louisiana. Constitution & By-laws

[Adopted by the Executive Board on March 15, 2017.]

SkillsUSA High School Division Constitution

SkillsUSA College/Postsecondary Division Constitution (Rev. June 2015)

and By-Laws Preamble:

BYLAWS OF THE SOUTH CAROLINA ASSOCIATION OF ALCOHOLISM AND DRUG ABUSE COUNSELORS ADOPTED. October 4, 1988 REVISED

BYLAWS. Of the. Revised May Mission

2015 Bylaws for the League of California Cities Table of Contents

Credit Professionals International District 5 Bylaws

Tennessee Society of Radiologic Technologist Bylaws

CONSTITUTION. for the GREEN BAY EDUCATION ASSOCIATION

CITIZENS EFFECTING CHANGE

Bangsamoro: Fulfillment or Denial Anew?

Midsayap, North Cotabato

North Hollywood West Neighborhood Council Bylaws (NoHoWest NC)

1.1- Name The name of this organization shall be the Associated Students of Lane Community College (hereafter ASLCC).

Electoral Reform: Key Federal Policy Recommendations. Researched and written by CFUW National Office & CFUW Leaside East York and Etobicoke JULY 2016

Conflict Sensitive Resource and Asset Management (COSERAM) Program Rights Based Approach Free and Prior Informed Consent - FPIC

BYLAWS OF THE GREAT LAKES CHAPTER OF THE PROJECT MANAGEMENT INSTITUTE INCORPORATED

CLOVER HIGH SCHOOL BAND BOOSTERS, INC. BYLAWS AND CONSTITUTION

Arkansas Tennis Association By-laws

KENYA GAZETTE SUPPLEMENT

BYLAWS OF THE MONMOUTH AREA FLYING CLUB, INC.

BY-LAWS of THE YOUNG DEMOCRATS of SAN FRANCISCO ARTICLE I

The Constitution of the Associated Students of the University of California, Santa Barbara

GRADUATE AND PROFESSIONAL STUDENT ASSOCIATION CONSTITUTION. Date of Origin: October 1, Last Amended: January 31, 2018

COMMUNITY COUNCIL BYLAWS OLD SEWARD/OCEANVIEW COMMUNITY COUNCIL BYLAWS ARTICLE I: NAME

WAHOO MUSIC BOOSTERS ASSOCIATION BYLAWS Adopted November 18, ARTICLE II Purposes

Missouri Academy of Nutrition and Dietetics BYLAWS

Transcription:

The Proposed Bangsamoro Basic Law and the Constitution By: Pedrito A. Eisma Commissioner Bangsamoro Transition Commission 1

Constitutional Basis for the creation of the Bangsamoro Art. X, Section.15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of the constitution and national sovereignty as well as territorial integrity of the Republic of the Philippines. MILF-GPH Peace Talks started in 1997 MOA-AD in 2008 declared unconstitutional in Oct. 14, 2008 Pres. Aquino-Chairman Murad meeting in Tokyo on Aug. 4, 2011 Decision Points of Principles on April 25, 2012 Framework agreement on the Bangsamoro signed on October 15, 2012 2

3

Major pillars of the framework for peace are the following: POLITICAL SECURITY SOCIO-ECONOMIC Foundation for peace is built on the following tenets: Inclusivity Accountability Good governance Protection and empowerment of minorities within the minorities 4

Territory The core territory of the Bangsamoro shall be determined through a plebiscite Contiguous LGUs outside the core territory before the plebiscite: 10% 0f voters petition for inclusion Contiguous territories and outside the core territory after the plebiscite: 10% of the voters may at any time petition to join Inland waters Waters extending up to 22.224 kl (12 nautical miles) from low water mark of the coast 5

The Powers of Government Reserved Powers are powers or matters over which authority and jurisdiction are retained by the Central Government. Concurrent powers shall refer to the shared powers between the Central government and the Bangsamoro government. Exclusive powers shall refer to powers or matters over which authority and jurisdiction pertain to the Bangsamoro government. It include powers previously granted to ARMM under RA 6734 as amended by RA 9054. Constitutional parameter for the autonomous jurisdiction of BMG Art.X,Sec.20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act for the autonomous regions shall provide powers over: Administrative organization Creation of sources of revenues Ancestral domain and natural reaources Education policies Other matters for the promotion of the general welfare of the people in the region 6

General supervision of the President Art. X, Sec. 16: The President shall exercise general supervision over Autonomous regions to ensure that the laws are faithfully executed. (1987 Constitution) Art.VI, Sec.3. General Supervision. Consistent with the principle of autonomy and the assymetric 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. (Draft BBL) Intergovernmental Relations IGR disputes relating to an inter governmental conflict between the national and the Bangsamoro gov t. in the exercise of their respective powers shall be resolved thru the National gov t. Bangsamoro gov t Intergovernmental Relations Body Council of leaders Phil congress-bangsamoro Parliament Forum Authority over Local government Units 7

The Bangsamoro Government Parliamentary in form Compose of the chief Minister, Cabinet and members of the Parliament Apportionment of seats Wali Dissolution of the government by a (2/3) vote of no confidence of all members of the Parliament Constitutional basis for a ministerial form of government Art. X, Sec. 18. The Congress shall enact an organic act for each autonomous region xxx. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly both of which shall be elective and representative of the constituent political units. 8

Basic Rights The Bangsamoro Government guarantees the basic rights already enjoyed by the citizens residing in the Bangsamoro including the following rights: Right to freedom and expression of religion and belief; Right to establish cultural and religious association Right to freedom from religious, ethnic and sectarian harassment Collective rights Vested property rights Indigenous People s right Customary Rights and Traditions Art. XI, Sec. 6 of the draft BBL The customs, beliefs and traditions of the people in the Bangsamoro are recognized, protected and guaranteed. No person in the Bangsamoro shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage, or sex. 9

Art.IX, Sec. 13 of the draft BBL The Bangsamoro Government shall establish, maintain, and support, as top priority, a complete and integrated system of quality education and adopt an educational framework that is relevant, and responsive to the needs, ideals,and aspirations of the Bangsamoro Justice system in the Bangsamoro The justice system in the Bangsamoro shall consist of Shari ah law, which shall have supremacy and application over muslims only, Customary rights and traditions of indigenous peoples (IP) National law which shall be applied by local and civil courts alternative dispute resolution system 10

Public order and safety There shall be created a Bangsamoro Regional Police, which is part of the PNP The Bangsamoro Regional Police shall professional and civilian in character Members of the BIAF may be recruited to the BRP subject to qualification standards Bangsamoro Regional Police Board shall be under the control and supervision of NAPOLCOM Fiscal Autonomy Sources of revenues 1. Taxes 2. Fees and charges 3. Block Grant 4. Revenues from natural resources 5. Grants from economic agreements 6. Grants and donations 7. Loans and overseas development assistance 11

Constitutional basis for wealth sharing: On national Economy and Patrimony (Art. XII, Sec. 1) The goals of the national economy are a more equitable distributions of opportunities, income and wealth On Social Justice & Human Rights ( Art. XIII, Sec.1) The Congress shall give highest priority to the enactment of measures that remove cultural inequities by equitably diffusing wealth Bangsamoro Transition Authority BTA shall be created which shall be the interim government or the governing body in the Bangsamoro during the transition period. The MILF shall lead the BTA, in its leadership and membership It shall composed of 50 members appointed by the President 12

Plebiscite The creation of the Bangsamoro shall be effective when approved by a majority of the vote cast in provinces, cities and geographical areas Voluntary inclusion in the Plebiscite: 10% before and after first plebiscite Plebiscite question : Do you approve of the Bangsamoro Basic law? 13

Muchisimas Gracias 14