Bangsamoro Basic Law - Office of the Presidential Adviser on

Report
Bangsamoro Basic Law
Bangsamoro Transition Commission
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
Powers of
Government
Bangsamoro Justice
System
Name and Purpose
Bangsamoro
Identity
Territory
General Principles
and Policies
Intergovernmental
Relations
The Bangsamoro
Government
Wali
Basic Rights
Public Order and
Security
Fiscal Autonomy
Economy and
Patrimony
Rehabilitation and
Development
Plebiscite
Bangsamoro
Transition Authority
Amendments and
Revisions
Final Provisions
PREAMBLE
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.
PURPOSE
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.
Bangsamoro Territory
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 Waters
and Zones of Joint Cooperation
The Bangsamoro Government
MINISTERIAL
(PARLIAMENTARY)
FORM
BANGSAMORO
PARLIAMENT
BANGSAMORO
CABINET
Legislative Authority
BANGSAMORO
PARLIAMENT
• 60 members of the
parliament
50%
– Party representatives
– District representatives
40%
– Reserved seats & sectoral
10%
representatives
• 3-year term, no more than 3
consecutive terms
• Wali as titular head – performing
only ceremonial functions
Executive Authority
BANGSAMORO
CABINET
Elected by majority votes from
among the members of the
Parliament
CHIEF MINISTER
DEPUTY
CHIEF MINISTER
Appointed by the Chief Minister
from among the elected members
of the Parliament
Majority shall also come from
among the members of the
Parliament
OTHER
MINISTERS
• 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
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
Shari’ah
Courts
Traditional /
Tribal Justice
System
Local Courts
Alternative
Dispute
Resolution
• 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.
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
Chief Minister
Bangsamoro
Police Director
Deputy
Deputy
City Chief
of Police
• Exercise operational
control and supervision
and disciplinary
powers
Provincial
Director
Municipal
Chief of Police
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.
BANGSAMORO
POLICE
PUBLIC ORDER AND SECURITY –
BANGSAMORO POLICE BOARD
NATIONAL POLICE
COMMISSION
BANGSAMORO
POLICE BOARD
• 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
100%
BANGSAMORO
GOVERNMENT
Taxes Transferred to the
Bangsamoro
1. Capital Gains Tax
2. Estate Tax
3. Donor’s Tax
4. DST
100%
Taxes Already Devolved
to the ARMM
BANGSAMORO
GOVERNMENT
25%
CENTRAL
GOVERNMENT
75%
BANGSAMORO
GOVERNMENT
National Taxes Collected
in the Bangsamoro
Revenue Generation
• Sharing in the revenues from the exploitation,
development and utilization of natural
resources
25%
100%
BANGSAMORO
GOVERNMENT
CENTRAL
GOVERNMENT
75%
50% 50%
BANGSAMORO
GOVERNMENT
CENTRAL
GOVERNMENT
BANGSAMORO
GOVERNMENT
Non-Metallic Minerals
Metallic Minerals
Fossil Fuels
REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES
Other sources of funds
• 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.
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
On Governance | Representation
Bangsamoro
Transition
Authority
Representative in
the BTA
Bangsamoro
Parliament
2 reserved seats
Selection of
Interim Cabinet:
nominees for
Indigenous Peoples reserved seats shall
Affairs
be pursuant to
customary laws and
Gender and ethnic
indigenous
balance in the hiring
processes
process for the
bureaucracy
Council of
Leaders
Representative in
the Council
Council shall advise
the Chief Minister
on matters of
governance
Council shall also be
organized during
transition
Cabinet
Parliament shall
create an
appropriate office or
ministry for IPs,
which shall be part
of the Bangsamoro
Cabinet
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
Sukran!

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