| Bangsamoro Organic Law | |
|---|---|
 | |
| Congress of the Philippines | |
| |
| Citation | Republic Act No. 11054 |
| Territorial extent | Plebiscite:
Bangsamoro |
| Passed by | House of Representatives of the Philippines |
| Passed | July 24, 2018 |
| Passed by | Senate of the Philippines |
| Passed | July 23, 2018 |
| Signed by | PresidentRodrigo Duterte |
| Signed | July 26, 2018 |
| Effective | August 10, 2018 |
| Legislative history | |
| First chamber:House of Representatives of the Philippines | |
| Bill title | Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054, Entitled "An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao", and Republic Act No. 6734, Entitled, "A Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao" |
| Bill citation | House Bill No. 6475 |
| Introduced by | SpeakerPantaleon Alvarez, Majority LeaderRodolfo Fariñas, Minority LeaderDanilo Suarez et al. |
| First reading | October 3, 2017 |
| Second reading | May 30, 2018 |
| Third reading | May 30, 2018 |
| Second chamber:Senate of the Philippines | |
| Bill title | Basic Law for the Bangsamoro |
| Bill citation | Senate Bill No. 1717 |
| Member(s) in charge | Senate PresidentAquilino Pimentel III et al. |
| First reading | February 28, 2018 |
| Second reading | May 31, 2018 |
| Third reading | May 31, 2018 |
| Conference committee bill passed byHouse of Representatives of the Philippines | July 24, 2018 |
| Conference committee bill passed bySenate of the Philippines | July 23, 2018 |
| Status: In force | |
TheBangsamoro Organic Law (BOL;Filipino:Batayang Batas para sa Rehiyong Awtonomo ng Bangsamoro),[2] also known as theBangsamoro Basic Law (BL), and officially designated asRepublic Act No. 11054, is a Philippine law that provided for the establishment of theBangsamoro Autonomous Region in Muslim Mindanao (BARMM).[3]
Legislative efforts for the establishment of a Bangsamoro autonomous region was first proposed and deliberated upon by the16th Congress of the Philippines but failed to pass into law. The issue was taken up once again in the17th Congress. The legislation was ratified by both theSenate and theHouse of Representatives on July 23 and 24, 2018 respectively.[4] The bill was finally signed into law byPresidentRodrigo Duterte on July 26, 2018.[5][6] The provisions of the law became effective on August 10, 2018.[7]
As anorganic act, the basic law abolished theAutonomous Region in Muslim Mindanao (ARMM) and provided for the basic structure of government for Bangsamoro, following the agreements set forth in theComprehensive Agreement on the Bangsamoro peace agreement signed between thegovernment of the Philippines and theMoro Islamic Liberation Front in 2014.[3]
Atwo-part plebiscite was held on January 21 (for ARMM areas) and February 6 (for Cotabato and the six municipalities in Lanao del Norte, including areas who petitioned to join the region), creating Bangsamoro and formally abolishing the ARMM.
The various portions of BL as proposed by the Bangsamoro Transition Commission which had been assigned to draft the bill include sections covering (but not limited to) Bangsamoro identity, Bangsamoro territory, Bangsamoro government, Bangsamoro justice system, Bangsamoro basic rights, Bangsamoro economic, financial, and fiscal framework and provisions relating transition to the proposed Bangsamoro Autonomous Region.[8]
Following the signing of theFramework Agreement on the Bangsamoro after talks between the government and theMoro Islamic Liberation Front (MILF) in 2012, the Bangsamoro Transition Commission (BTC) was instituted by President Benigno Aquino to create a draft for a Bangsamoro Basic Law. In March 2014, theComprehensive Agreement on the Bangsamoro was signed which would serve as basis for the BL. In August, the BTC's second draft was handed over to President Aquino.[9]
The draft of the law was submitted byPresidentBenigno Aquino III toCongress leaders on September 10, 2014.[10] An ad hoc committee assigned to the bill by theHouse of Representatives passed its version of the bill, House Bill No. 5811, on May 20, 2015.[11][12]
In theSenate, a revised version of the BL, known as the Bangsamoro Autonomous Region Law (Senate Bill No. 2894[13]), was presented on August 11, 2015[14] after lengthy deliberations on the BL in the Committee on Local Government,[14] and was due forinterpellation on August 17, 2015.[15] Due to the length and complexity of the bill, however, the Senate temporarily deferred the period of interpellation for the bill.[16] The 16th Congress went on recess without passing the bill on February 2, 2016.[17]
On Sunday, January 25, 2015, three platoons of the eliteSpecial Action Force (SAF) under thePhilippine National Police entered the guerrilla enclave of Tukanalipao,Mindanao,Philippines, with the goal of detaining two high-rankingJemaah Islamiyah-affiliated, improvised-explosive-device experts,Zulkifli Abdhir (also known as Marwan) andAbdul Basit Usman. The SAF troops raided the hut where they believed Marwan was located, and the man they believed to be Marwan engaged them in a firefight and was killed. However, the shooting alerted armed forces in the area. What followed was a bloody encounter that left 44 SAF, 18 MILF, and 5 BIFF dead, where the 44 SAF members were trapped with little ammunition between the rogue BIFF and a group of MILF fighters. A video was released afterwards which showed MILF fighters shooting the feet of a SAF member then shooting the head twice while taking the video.[18][19][20]
Supposedly as a result of the negative media coverage arising from the Mamasapano incident, the March 2015 survey conducted by public opinions polling groupPulse Asia found that 44% of Filipinos were opposed to the Bangsamoro Basic Law's passage, with only 22% supporting its passage.[21] Opposition to the law was strongest among the poor (45% in Class D, 43% in Class E) and among those living in Mindanao (62%).[21] Awareness of the law was high, at 88%.[21]
With the collapse in popularity of the bill,House SpeakerFeliciano Belmonte, Jr. acknowledged the prospect that the bill might be rejected by Congress in the face of stiff public opposition, and hoped that the government would produce a "Plan B".[22]
The passage of BL was not initially set to be tackled by the17th Congress.[23] After being pushed byPresidentRodrigo Duterte,[24] the Congress began reading BL for the first time in the House of Representatives (as House Bill No. 6475) and the Senate (as Senate Bill No. 1717) on October 3, 2017, and February 28, 2018, respectively. BL passed the second and third readings in both the House and the Senate on May 30 and 31, 2018.
Both bills were supposed to be enacted before thethirdState of the Nation Address (SONA) by President Duterte,[25] with the Senate ratified the bicameral conference committee report on the morning of July 23, 2018, but the House, under the speakership ofPantaleon Alvarez, failed to ratify the bicameral conference committee report before SONA. While thePalace was dismayed by the delayed ratification of the report by the House,[26] Alvarez was ousted from the Speaker's seat and replaced by former PresidentGloria Macapagal-Arroyo.[27][28] As promised by Arroyo once she took the Speaker's seat, the report was ratified on July 24, 2018,[29] paving the way for both Bills of the House and the Senate to be transmitted to the President for enactment.
President Duterte signed the Bangsamoro Organic Law on July 26, 2018,[4][5][30] after asking for 48 hours during his SONA to review the bill.[31] The passing of BL will set a precedent forfederalism as pushed by the administration.
On October 15, 2012, a preliminary peace agreement was signed in theMalacañan Palace between theMoro Islamic Liberation Front and theGovernment of the Philippines. This was theFramework Agreement on the Bangsamoro, which called for the creation of an autonomous political entity namedBangsamoro, replacing theAutonomous Region in Muslim Mindanao.[32]
The signing came at the end of peace talks held inKuala Lumpur inMalaysia from October 2–6. These talks were the last of 32 peace talks between the two parties, which spanned a period of nine years.[32]
The Framework Agreement was later fleshed out[33] by four Annexes and an addendum:
On March 27, 2014, a final peace agreement fully fleshing out the terms of the framework agreement and annexes, known as theComprehensive Agreement on Bangsamoro(CAB) was signed between the two parties.[34] Under the agreement, the Islamic separatists would turn over their firearms to a third party, which would be selected by the rebels and the Philippine government.[34] The MILF had agreed to decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In return, the government would establish an autonomousBangsamoro.[34] Power sharing was a central point to the autonomy redesign.[34]
Numerous indigenous groups in the Bangsamoro region do not adhere to Catholicism nor Islam, making them vulnerable to exploitation in a proposed Muslim-controlled regional government. In 2015, various indigenous people groups rejected the formation of the Bangsamoro due to lack of consultation with all stakeholders, especially the non-Muslim indigenous people who form a huge minority in the proposed region, Meaning, they oppose the possible enforcement of theSharia Law.[35]
On July 12, 2018, abicameral conference committee approved the application ofShariah law toall Muslims in theBangsamoro Autonomous Region.[36][37][38] The Islamic laws shall not apply on non-Muslims,[39] but they "may volunteer to submit to the jurisdiction of Shari'ah courts."[36]
Roman Catholics and numerous Christian groups form a huge presence in several areas in the proposed Bangsamoro and surrounding areas, notably in Basilan, Cotabato City, the Cotabato region, Zamboanga City, Zamboanga provinces, and Lanao del Norte. Various cities and municipalities, notably Isabela City in Basilan and Zamboanga City have rejected their inclusion in the Bangsamoro region.[40][41][42]
The Philippine Constitution Association believes that the Bangsamoro Organic Law will lead to the destruction and dismemberment of the Philippines. They also view the provision as unconstitutional saying that the constitution must be amended since it only consent to one autonomous region in Mindanao viewing the Bangsamoro Autonomous Region as a distinct political entity to theAutonomous Region in Muslim Mindanao. It also criticized the powers given to the Bangsamoro regional legislature which it says are originally reserved to the Philippine Congress. It also objects to some revenue from taxation going straight to the Bangsamoro region which it says gives "unfair" advantage over other regions.[43]
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