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!