Unified media marks the secondth year of the brutal killing of Iligan mediaman

Iligan City, August 29, 2015 - At around 10:30 in the evening on August 29 was the secondth yearof the brutal killing of Broadcaster Fernando "Nanding" Solijon, in Barangay Buru-un, Iligan City. He was popularly known as Nanding Solijon in his radio program "Sandiganan" at DXLS FM Love Radio, Iligan City. One of the suspects identified as "Wawang" was gundown on August 30, a day after the killing of Solijon in the newly constructed c-3 road Pala-o, IIigan City. According to reports it was Alleged that the killer of Nanding had a semblance of Wawang's killer. According to witnesses, the killer and Wawang ride a motorcycle and park in the crime scene and confronted each other. It was heard that Wawang complained to his killer "nganong imo man kong patyon kauban man ta" it means, why should you kill me, we are buddy. Then a single gunfire rang and hit Wawang in the head and died. the mysterious killing of Wawang dig deep six feet below the ground because the poor family was in fear to file a complaint in court against the killer.

The media workers in Iligan city together with the Solijon family visited Nanding’s tomb in the morning and at 4:30 in the afternoon, a media walk in the major streets in Iligan City was conducted going to the city public plaza and freedom park. Before the prayer rally started, the event was broadcast live at the DXLS FM Love Radio, Iligan City with a descriptive report by Jun Enriquez in radio program entitled “Kalinaw ug Demokrasya” anchored by Jun Tenorio and Arman Apolinario. At around 5:30 P.M., the prayer rally started until 7:00 O’clock in the evening and the event ended successfully.

The killing of Nanding Solijon was a case of murder filed in court by Mely the wife of Nanding Solijon with two stand witnesses pinpointing PO1 Peejay Capampangan as the triggerman, happened to be the close-in bodyguard of Iligan City Mayor Celso Regencia. It may recalled that some other witnesses near the crime scene said that before the killing happened, there were two unidentified men at earlier time in the evening eating sardines bought from a nearby sari-sari store. Nanding visited the area in Buru-un to have a dinner meeting with his reporters in a nearby small restaurant. At around 10:30 in evening of August 29, 2013, Nanding with his companions decided to go home and he went out first to get his car park at the opposite side of the road. Before he reached to his car exactly at the middle of the road Nanding was shoot to death by the two unidentified assassins, one was the triggerman and the other was a lookout. The triggerman armed with caliber .45 pump eight bullets in the head and chest of Nanding that caused his untimely death. Few months prior to the incident, Nanding in his radio program had a hard hit commentary against Iligan City Mayor Celso Regencia of the unsolved series of extra judicial killings in Iligan City and alleged corruption. Nanding received plenty of death threats even on air during his program from public reaction through telephone. Lone congressional district congressman Vicente “Varf” Belmonte, Jr., offered a reward of PhP300,000 to any persons who can provide and pinpoint the killers of Nanding Solijon as well as the mastermind. Iligan City Mayor Celso Regencia, also offered a reward of PhP200,000, during the media fellowship in September 2013, as part of the fiesta activities of Iligan City.

Mely Solijon said the Court Judge issued a warrant of arrest for PO1 Capampangan sometime in September 2014 and in October 2014 the National Police Commission (NAPOLCOM), Region 10, Cagayan de Oro City, terminated PO1 Capampangan from the police service based on the her complaint. At one time in previous months, Mely Solijon said she met a woman in a supermarket in Iligan City which she never knew and told her “please drop your case against Peejay Capampangan because he was no longer living in normal life he was hiding before the law”. However, Mely told the woman that she will not drop the case. Mely said to the woman Peejay should present himself in court and argue the accusation against him. Mely added to the woman that she was the most pity one because Nanding will no longer in her side forever. Information gathered that PO1 Capampangan was seen in Oroquieta City riding a private car and transferring from one car to the other. Until today PO1 Peejay Capampangan is now a fugitive by law evading arrest.

The Unified Media Association (UMA) of Iligan City still dreaming the real justice for Nanding. The UMA is calling the sincerity of the government to disband private armies and crack down the proliferation of loose firearms to stop media killing and other forms of killings and criminalities to end the culture of impunity. Most of the root causes of the media killings are the presence of corruption and the absence of transparency in governance, and the greed of power. Media is the mouthpiece of democracy and recognized as the fourth state as guaranteed in the constitution under the Bill of Rights, the Freedom of the press and of expression deserve protection from the government. The killing of Nanding Solijon in Iligan  City will not stop the duty of the fourth state to inform, educate and entertain the public, in order for the latter to decide its future for good.

In addition, the UMA passed a resolution for the full protection of the media in Iligan City and expressed CONDEMNATION to the brutal killing of DXOC Ozamiz Broadcaster Cosme Maestrado. The Maestrado killing was happened on August 27 at around 9:00 O’clock in the morning in a commercial center in Ozamiz City by the lone gunman. Maestrado was with him a bodyguard and his cameraman bought something in a nearby shopping center. Few days prior to the shooting incident, Maestrado in his radio program simulcast with the cable TV entitled “Ratsada” bombarded a certain Mayor in one of the municipalities of Misamis Occidental on issues of corruption and alleged overpricing of government projects.

Ryan Rosauro, journalist and member of the National Directorate of the National Union of Journalist of the Philippines (NUJP), in a statement said he condemned the brutal killing of Maestrado. Rosauro said that the killing of Maestrado was possibly work related. Rosauro said that there were also issues which are personal in nature in his media practice, but these are not justifications to kill him. Most of the bullets penetrated on the head and chest of Maestrado caused his untimely death. Rosauro said that plenty of media practitioners were being harassed in Ozamiz City especially during elections. He said there was a politician poked a gun to a certain mediaman in 2013 elections. Maestrado was the third mediaman killed in Ozamiz City and until today the previous media killings still looking for justice. Rosauro is calling the police authorities in Ozamiz City to intensify investigation on Maestrado killing and identify the culprits especially the mastermind must be brought to the bar of justice.  

The UMA calling the attention of President Benigno Aquino III for a speedy resolution for the killing of mediaman Cosme Maestrado. Killing the media is not a solution to corruption. It is in the saying “kill the message not the messenger”, it means to kill the message is to stop corruption and let the fourth state, the messenger and media, continue to do its job for the good and transparent governance and the government must best served the people.

LPP-CSOs hold security forum in Lanao del Norte

LPP-CSOs hold security forum in Lanao del Norte

By Jun Enriquez and Malyne D. Gungob

Tubod, Lanao del Norte, August 28, 2015 – It was a successful and challenging event by the Lanao Peace Partnership (LPP), a network of Civil Society Organizations (CSOs) in Lanao del Norte and Iligan City, conducted a 2-day forum, “Engaging the Security Sector: Focus on Coordination Mechanism of the Peace Process”, held last August 26-27, 2015 at Riana’s Restaurant and Function Hall, Mindanao Civic Center (MCC), Sagadan, Tubod, Lanao del Norte. There were around 146 Participants coming from different agency namely; Arm Forces of the Philippines (AFP), Philippine National Police (PNP), PNP-Special Action Forces (SAF), Civil Society Organizations (CSOs), Local Government Unit (LGU), Media, Moro Islamic Liberation Front (MILF), International Monitoring Team (IMT), and Local Monitoring Team (LMT), Nonviolent Peaceforce and many others.

The said forum was organized by the Lanao Peace Partnership (LPP) composed of Four (4) different Organizations such as the Institute of Peace and Development in Mindanao (MSU-IIT IPDM) headed by Dr. Mark Anthony Torres, Officer in Charge; Pailig Development Foundation Incorporated (PDFI) headed by Roberto Quijano, Managing Director; Kapamagogopa Incorporated (KI) headed by Engr. Mariam Barandia, Executive Director and Civil Society Organization Forum for Peace Incorporated (CSO-FP Inc.) headed by Juanito C. Enriquez Jr.. Managing Director. The theme for the forum: “Transcending Beyond the Mamasapano Tragedy and Sustaining Community-based Education as part of the Implementation of Comprehensive Agreement on the Bangsamoro (CAB) and the National Peace Agenda”. The said forum was in cooperation with the German Development Cooperation - Civil Peace Service (GIZ-ZFD). It may recalled that the purpose of the activity is to cascade information about the ceasefire mechanism, surface issues regarding the implementation of the ceasefire mechanism and provide policy recommendation/ alternatives to strengthen the ceasefire mechanism.

However, the chief of operation of the International Monitoring Team (IMT), Mr. William Hovland, from IMT office, Cotabato City, in his presentation on Lessons learned from Mamasapano, the IMT’s role and responsibility on the security aspect is through observation and monitoring on the implementation of cessation of hostilities signed between the Governement of the Philippines (GPH) and moro Islamic Liberation Fron (MILF); Conduct field verification to validate any reported violations of the cessation of hostilities agreements signed by GPH and MILF;   Coordinate closely with the Joint ceasefire committee on the cessation of hostilities (CCCH)GPH-MILF and the Local monitoring Team (LMT) in the conduct of field verification and validation of reported violation to any of cessation of hostilities agreements signed by the panels, security aspects for the concept of operation, socio-economic assistance and civilian protection component (CPC).

Standing at left, Mr. William Hovland, explained IMT's role
in the peace process.

Mr. Kamran Shah, Head of field office Nonviolent Peaceforce based in Iligan City, in his presentation on Civilian component stated their role and responsibility such as to Monitor Human rights (HR) abuses and Violations of International Humanitarian Law (IHL), Monitor other forms of violence and protection concerns. Conduct verifications and fact finding mission on violations of IHL and HR and verify reported cases. Lastly, Shah said the NP will make report on the compliance and non-compliance of the parties (GPH-MILF) with the CPC protocol.

On the other hand, Major Carlos Sol Jr. head of the Secretariat, Joint Normalization Committee (JNC) presented the GPH-MILF Peace architecture in the Annex on Normalization and operational guidelines of the ceasefire agreement (CCCH and AHJAG). Sol said that it has been 17 years of peace negotiation and lots of lesson learned, but still have plenty of things to improve in order to achieve what really want to have a very peaceful environment and develop Mindanao for the purpose to provide background of the operational environment and the architecture of the peace process with emphasis of the Peace agreement between the government and the MILF. It included the new body, the JNC and generates insights with the role of stakeholders and third party in the peace process. Sol said that It’s very timely that people and stakeholders in the Mindanao peace process have important roles and significance to achieve peaceful environment. He said the mechanisms are only oversight, but the actual workers of the ground are the stakeholders of the government and MILF. In the absence of the stakeholders the mechanism will malfunction.

It was observed that it seems like there is a problem of incomplete structure of CCCH. Col. Gilbert Gapay, Brigade Commander of 2^nd Mechanized Infantry Brigade has recommended personalities from GPH-MILF Lanao to fill-up the gap in the structure of the ceasefire mechanism in order to have a good flow of communication especially in solving problems in the implementation of the peace agreement.

Indeed most of the questions raised by the participants during the open forum was the issue on Coordination and the impact of the Mamasapano incident vital to security and avoidance of repetition of the incident.

On the second and last day of the forum, understanding conflict in Lanao del Norte with the presence of tri-people and maximum tolerance, respect and understanding must be obeserved. The participants identified the importance on access to livelihood projects because hunger is one of the causes of conflict. There is an importance of conflict analysis to determine the root cause of conflicts because petty crimes became religious conflict due to stereotyping of Muslims.

The forum also discussed the updates on BBL. Participants asking to give a chance to the BBL. It’s already 17 years of negotiations and just ended by signing the Comprehensive Agreement on the Bangsamoro (CAB). The BBL helps normalize Lanao but it was said that BBL is not a guarantee to lasting peace but will help attain peace and development. It was observed that a lack of information drive about BBL did not reach to the grassroot level will create problem of misconceptions.

Participants raised the idea of love and hate by recognizing the relationship of the GPH and MILF. Hate was pictured out like mistrust, a feeling either positive or negative but differs on the intention o the issue. Others said that there is no such thing as hate but only misguided feelings and emotions. Participants have identified problems exists in the Lanao region such as the presence of rido or family feud, rampant drug abuse and addiction, political rivalries and dynasties, land conflict, lack of crime justice and cultural diversity.

Sustaining efforts towards peace and development should go hand in hand. The need of collaboration, cooperation and coordination such as awareness raising, information and education campaign (IEC) materials distribution, access to livelihood program, are important elements in conflict transformation. Peace is not just the absence of war but a life sustaining environment with importance on community dialogue. It was observed that attaining peace in Mindanao is a continuing process. In Lanao del Norte, there are three out of six municipalities are still uncertain on its inclusion to the Bangsamoro.  Others observed that some parts of the BBL are unconstitutional but reactions from fellow participants said that clarification to determine the constitutionality of the BBL is the duty of the Supreme Court.

Mayor Limbona of Pantar,
Lanao del Norte, presented the 
aggregates of empty shells 
after the attack in Pantar on 
Aug. 26 & 27, 2015 by 
numbering to 200 
unidentified gunmen,
lasted for 22 hours of sporadic
gun fire of the alleged
political rido.
(photo by Ric Clet)

The issue on loose firearms in Lanao is recognized as one of the major problems and there is a need to minimize if not eradicate on it. One of the identified solutions is to have a continuing community dialogue. The conduct of operation against loose fire arms is one of the tasks of the PNP. There is a need to create task force in dismantling the private armed groups with possible possession of high powered and unlicensed firearms.  It was also identified the Normalization in the peace process is expected to continue in the absence of the BBL. The importance of decommissioning under the Normalization process is applicable not only for the MILF but also to private armed groups (PAGS). The MILF declared allegedly to have in its possession with 15,000 loose firearms.

In a synthesis by Dr. Mark Anthony Torres, officer-in-charge of the Institute for Peace and Development in Mindanao (IPDM), emphasized that the problem in Lanao is multi-dimensional. The participants raised issues that are anchored on the wider context of Normalization process in Lanao. Torres said that this is the reason why the participants surfaced many other issues that are outside the bounds of the ceasefire mechanism. He said that there is a need to provide spaces for sharing of information not only about the ceasefire mechanism but also on the various tracks of the peace process and need updates on the political negotiation about the Bangsamoro Basic Law (BBL), process of Normalization, people-to-people peacebuilding. He said there was a strong emphasis on the importance of coordination not only among key players in the ceasefire mechanism such as the military, police, AHJAG, CCCH, IMT, etc., but also with other stakeholders such as the community. Coordination, collaboration and cooperation in the settlement of rido are very important factors.

Torres said the observance of the codes of conduct within the ranks of the government forces as well as that of the MILF shall be in order. The role of other stakeholders, such as the community will not only in monitoring violations of the ceasefire agreement, but also in maintaining peace in a locality. This also includes lobbying for the observance of the ceasefire agreement between government and MILF forces. The consciousness of action of the community in helping the PNP and AFP in solving problems in the community shall be in place. Coordination means communication and dialogue, such as the open line communication with commanders of government forces and the MILF. Actions that are anchored on love with fellowmen and strict observance of the implementing guidelines of the ceasefire agreement must be followed.

Torres said that the GPH must designate a CCCH representative from Lanao to include MILF Counterpart. Strengthen the code of conduct of both GPH and MILF parties in terms of delineation of military and community areas and the delineation of the geographic boundaries of camp Bilal. Law enforcement operations (LEO) should be the sole responsibility of the PNP. Participation of the MILF in the conduct of LEO should be coursed through the Ad hoc joint action group (AHJAG).

Torres said that the MILF is reminded not to partake in clan feuds or Rido to avoid the escalation of conflict against government forces. He said minimizing, if not stop the proliferation of loose fire arms is to minimize armed confrontation. The conduct of community-based consultations in this regard is deemed important and the PNP and AFP must be aggressive in pursuing violators. There was also a suggestion regarding the faithful identification and dismantling of Private Armed Groups (PAGs) and amend the firearms law of the Philippines to encourage the registration of guns. Support the decommissioning not only of the Bangsamoro Islamic Armed Forces (BIAF), but also to other armed groups such as PAGs, etc.. Indeed Torres said the importance of documentation, adoption, and replication of best practices in maintaining peace and order is very necessary. Photos by Malyne D. Gungob

Entrench a BBL anchored on the CAB and its flexibility to the Constitution, for a genuine Autonomy for the Bangsamoro

Citizens Agenda of the All-Out Peace (AOP) and Allied Networks and Partners

GRANT GENUINE AUTONOMY TO THE BANGSAMORO,

ENTRENCH A BBL ANCHORED ON THE CAB [1]

For the Honorable Members of the House of Representatives:

We, peace advocates and civil society groups pursuing All-Out-Peace (AOP) nationwide, aware of the noble mission to strive for and promote a just and sustainable peace in Mindanao and the entire country, respectfully submit this position paper to Congress to further enhance the proposed Bangsamoro Basic Law (BBL) as enshrined in the Comprehensive Agreement on the Bangsamoro (CAB) signed by both the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) on March 27, 2014.   

While we appreciate the work of the Ad Hoc Committee-- including its secretariat-- to come up with a suitable draft and recognize the 50 lawmakers who voted ‘in favor of the draft bill, we at ALL-OUT-PEACE believe that House Bill 5811 otherwise known as the draft Basic Law of the Bangsamoro Autonomous Region as a substitute to the initially proposed House Bill 4994 will NOT ‘sufficiently’ realize the call for a real, sustainable and meaningful autonomy in the Bangsamoro as some of the crucial and relevant provisions of the original draft bill submitted to Congress were either deleted or diluted.

Even then, we welcome enhancements to the original bill particularly those on provisions on women and indigenous peoples. We, however, note that the current proposed bill will only serve its purpose if substantial provisions removed from HB 4994 will be restored.

We believe that the current Congress intends to be on the right side of the history, it thus should not gloss over the truth that the BBL was crafted not solely on the basis of the 1987 Philippine Constitution but also on the framework, spirit and purpose of existing peace agreements such as the Framework Agreement on the Bangsamoro (FAB) signed on Oct. 15, 2012 and the CAB two years after.

The proposed original BBL was borne out of these two historical agreements that in turn were negotiated for 17 years. It is therefore imperative for lawmakers to utilize these agreements including their annexes as ‘guiding principles’ and ensure that the spirit of the FAB and CAB are essentially embedded in the BBL. 

We likewise believe that a just and inclusive version of the BBL should find coherence not only with the Constitution but more so, soundness and consistency with the dreams, aspirations and fundamental tenets of the universal right to self-determination and governance of the Bangsamoro that our Constitution guarantees. The CAB is clear when it states: “Underlying the CAB is the 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.”

It is with this firm resolve that we push for the passage of a CAB-based BBL, which should at the very least not be inferior in substance and principles to the Organic act of the Autonomous Region of Muslim Mindanao (ARMM or RA 9054). The call is for greater autonomy; hence, the need to enact a law that will genuinely recognize the aspirations of the Bangsamoro people.

We reiterate that the BBL is a social justice instrument. If enacted according to its purpose and intent, it could serve as a catalyst for change that will address and rectify the historical injustices committed against the Bangsamoro and other oppressed inhabitants of Mindanao. However, to dilute or weaken its relevant provisions will defeat the real essence and purpose of the proposed law.

Passing a version of a BBL that genuinely reflects and recognizes the fundamental rights and freedoms of the Bangsamoro, the indigenous peoples, marginalized and vulnerable sectors and all other inhabitants of Mindanao is the most logical step towards achieving sustainable peace, social justice and progress not only for Mindanao but for the entire nation.

It is with critical urgency that we appeal to the collective wisdom of Congress to consider the following ‘proposed amendments and enhancements’ to HB 5811:

Reference Provisions	Proposed Amendment/s
IMPERATIVES OF GREATER AUTONOMY, GOING BEYOND THE POWERS ALREADY GRANTED TO THE BANGSAMORO The articulation of the AOP Policy Agenda is anchored on the FAB and CAB as foundational documents. Included in this overarching frame of AOP’s proposed language are the safeguards for the Bangsamoro proposition to work from the lens of the civil society movement. Through this policy paper, AOP will work towards retaining favorable provisions in HB 5811 and restoring the gains from the ARMM organic act, HB 4994, and the BTC BBL draft. Hence, this policy paper only encapsulates key language proposals that AOP believes as the most crucial and essential at this juncture in the legislative roadmap.
GENERAL PRINCIPLES ON GOVERNANCE
RECOGNIZING THE COLLECTIVE IDENTITY OF THE BANGSAMORO ·         Title of the Substitute bill : “AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSA-MORO AUTONOMOUS REGION”	1.)     Adopt the original title BANGSAMORO BASIC LAW which does not include the term ‘Autonomous Region’. Rationale: This proposition is anchored on a more encompassing nomenclature defining “Bangsamoro” in the FAB that altogether refers to the people, territory and the incipient government. The original title of the bill is reflective of the whole intent and purpose of the proposed BBL which is the recognition of the legitimacy of the struggle of the Bangsamoro people not just for the creation of an Autonomous Region but for recognition of their collective identity, history, civilization, and culture as a people that is distinct from the whole of the Philippines. The operative word here being “collective identity” and not just a shared dwelling place or geographical area. Retention of the original title is a gracious recognition of the events that led to the drafting of the proposed BBL and is a correction of the historical injustice perpetrated against the Bangsamoro people.
ENTRENCHING THE NATURE OF PARTNERSHIP IN GOVERNANCE AND HUMAN DEVELOPMENT	2.)     Include the phrase “parity of esteem” in the Preamble and Restore the “parity of esteem” phrase in Section 2, Article 6 of HB 4994 on “Intergovernmental Relations”. This includes reverting back to its original title “Parity of Esteem” instead of “Respect of Competencies”. Section 2, Article 6. “The National Government and the Bangsamoro Government shall be guided by the principles of parity of esteem and accepted norms of good governance.  The National Government shall respect the exercise of competencies and exclusive powers of the Bangsamoro Government. The Bangsamoro Government shall respect the exercise of the competencies and reserved powers of the National Government”. Rationale: The term was included in the original draft but was taken out in the Ad Hoc version. The phrase "Parity of esteem" is used in political philosophy to explain a theory to overcome inter-communal conflict, which is what the Bangsamoro conflict is about.  "Parity of esteem" "offers a language for negotiation that recognizes that the only way to move forward to realize the interest of the two parties in conflict is to negotiate a peaceful coexistence in a shared physical space despite cultural differences rather than continue trying to out-do each other. Also the term gives recognition to the pluralist nature of democracy and how various nationalist traditions can co-exist peacefully within one state. In other words it is a statement of acceptance on the part of government that the Bangsamoro people have their own form of governance, culture, and history and that it is not in conflict and can exist within the existing political structure of the Philippine Republic.
RESTORING THE RIGHT TO SELF DETERMINATION LANGUAGE	3.)     Restore key languages on right to self-determination in the “Preamble” and Section 3 of Article 1 of HB 4994 on the “Name and Purpose”: Preamble. Revert back the phrase “…to chart their political future through a democratic process” Section 3. Purpose. “The purpose of this Basic Law is 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”. Rationale: International law defines the right of self-determination as that which includes the right to freely determine their political status and freely pursue their economic, social, and cultural development. The phrase “their aspiration to chart their political future through a democratic process…” is simply a reiteration of this principle and merely states the manner by which this right may be realized, that is, through democratic processes.
POLITICAL AUTONOMY
RESTORING THE ‘WALI’ PROVISIONS	4.)     Restore ALL provisions pertaining to the WALI as reflected in Art 8, Sec 1-4, HB 4994 Rationale: The WALI, apart from a ceremonial figure in the Bangsamoro, is also highly regarded as a cultural symbol that promotes harmony and understanding between and among members of the Moro community. The WALI bridges both political and cultural structures in the Moro society.  And since the Wali is a cultural representation and therefore an apolitical figure, hence, the ceremonial leader is important in officiating ceremonies just before the Bangsamoro Parliament is dissolved or in transition to an election.
TRANSLATING INTERGOVERNMENTAL RELATIONS MECHANISM	5.)     Restoring the provision on “Philippine Congress-Bangsamoro Parliament Forum” in  Section 8 Article 6, on Intergovern-mental Relations Sec 8. Philippine Congress-Bangsamoro Parliament Forum “There shall be Philippine Congress-Bangsamoro Parliament Forum for purposes of cooperation and coordination of legislative initiatives”. Rationale: The Philippine Congress-Bangsamoro Parliament Forum is an avenue to discuss amendments and other future legislative matters of the region.  This provision is an explicit mechanism of the Inter-Governmental Relations.  While it is still Congress which will have to power to ultimately decide whether to amend the Basic Law or not, the Bangsamoro Government should be able to participate in the process. The platform for this participation is the Philippine Congress-Bangsamoro Parliament Forum.
BANGSAMORO HUMAN RIGHTS COMMISSION	6.)     Reverting back to the provision on the Bangsamoro Human Rights Commission in Section 7, Article 9 “Basic Rights” of HB 4994, instead of HB 5811 (Sec 7, Art 8) Rationale: The reformulation would allow the Bangsamoro Government to exercise powers less than those provided to the ARMM on the matter of human rights. As reformulated, the national Commission on Human Rights (CHR) shall supervise the Bangsamoro Human Rights Commission. By virtue of Article III, Section 16 of RA 9054, the Regional Human Rights Commission was created. Nowhere in said provision or in the Charter of the RHRC (enacted by the ARMM Regional Legislative Assembly) does it provide that the RHRC shall be under the supervision of the national CHR. Even legal luminaries, in their submission before Congress, have stressed that the proposal to create a Bangsamoro Human Rights Commission (BHRC) “is acceptable because the Constitution’s Commission on Human Rights has generally recommendatory powers and would not be supplanted by regional human rights bodies.”
PRINCIPLES ON TERRITORY
ACKNOWLEDGING THE TERRITORY THAT EMBODIES THE BANGSAMORO HISTORICAL CLAIM	7.)     Title of Article III should be amended back to its original title of ‘TERRITORY’ instead of ‘GEOGRAPHICAL AREA OF THE BANGSAMORO REGION’ and 8.)     Revert Section 1 of Article III of HB 4994 defining TERRITORY as “Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains. The Bangsamoro territory shall remain a part of the Philippines.” Rationale: Amending the title to TERRITORY instead of GEOGRAPHICAL AREA gives recognition to the historical claim and right of the Bangsamoro People to their Ancestral Domains. This expands the meaning of “territory” as against a limited definition of “geographical area” which pertains to the political subdivision of the region. In the latter, it will be no different with the other regions of the country, thus defeating the notion of its uniqueness and its autonomy. Territory is also the language used in the local government code referring to the different LGUs territory.
PERTAINING TO ‘CONTIGUOUS TERRITORY’	9.)     Harmonizing HB 4994 and HB 5811 in Art 3, Sec 3 and Art 15, Sec 4. Art III, Section 3. Contiguous Territory. The areas that are contiguous to the Bangsamoro core territory may opt to be part of the territory upon petition of at least ten percent (10%) of the registered voters and approved by a majority of qualified votes cast by the petitioning geographical area in a plebiscite. Art. XV, Section 4. Plebiscite for Joining the Bangsamoro. Any local government unit or geographic area outside the territorial jurisdiction of the Bangsamoro, but which is contiguous to any of the component units of the Bangsamoro, may opt to be part of the Bangsamoro upon a verified petition for the conduct of a plebiscite of at least ten percent (10%) of the registered voters, shall be effective when approved by a majority of the votes cast in the plebiscite called for the purpose.  Provided further, that petitions for inclusion may only be filed on the tenth (10th) year following the enactment of this Basic Law. The succeeding petitions shall be subject to the powers of the Philippine Congress or through Peoples Initiatives guaranteed by the Constitution. Rationale: ·         Areas contiguous to any of the component unit of the BM core territory (barangay, municipality, province, geographical area) can be a petitioning area.  With 10% of the majority of the votes cast of the petitioning area. ·         Set a longer ‘opt-in’ period (10 years after the Bangsamoro is established) to facilitate political processes and development in the core territory. ·         Guarantee clarity in details as to coverage, timeline and parameters when it comes to contiguity, political and economic stability of the region - giving also fair chance for other areas to decide to radiate towards a thriving autonomous region.
NATURAL RESOURCES
PERTAINING TO SCOPE OF NATURAL RESOURCES, AND CORRESPONDING OWNERSHIP AND CONTROL	10.) Restoring language from HB 4994 on natural resources (Art XIII – Economy and Patrimony, Sec 8 and Sec 10) and harmonizing with HB 5811 (Art XII Section 8). Proposed language is as follows :  “SEC. 8. Natural Resources – The Bangsamoro Government shall have the authority, power, and right to the control and supervision over the exploration, utilization, development, and protection of the mines and minerals and other natural resources including surface and sub-surface rights, inland waters, coastal waters, and renewable and non-renewable resources in the Bangsamoroin accordance with the Constitution and pertinent provisions of this Basic Law. The protection, conservation, and development of forests, coastal, and marine resources, including the adoption of programs and projects to ensure the maintenance of ecological balance, shall be given priority. Exploration, Development, and Utilization of Fossil Fuels and Uranium – The Bangsamoro Government and National Government shall have joint and solidary power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro. Rationale: ·         The provisions pertaining to resources are important aspect of the exercise of the collective right of the Bangsamoro people in relation to ownership of and control over their ancestral domains the scope of which is defined in the original draft of the BBL under Article III Territory. ·         The power and authority over fossil fuels (petroleum, natural gas and coal) and uranium is subsumed under the exclusive power of the Bangsamoro over ancestral domain and natural resources (#29 III Exclusive Powers/ Annex on Power sharing/FAB/CAB), and #2 on mineral and energy resources, Part IV – Other Matters Pertaining to Power sharing, Annex on Power sharing/FAB/CAB, whose power and authority is to be jointly exercised by the Bangsamoro and National Governments.
ON POWER GENERATION, TRANSMIS-SION AND DISTRIBUTION	11.) Reference to the “Mindanao grid” shall be reverted back to “NATIONAL GRID” (Art V – Powers of Government, Sec 3-Exclusive Powers, o) Rationale: ·         The formulation in Sec. 3 HB 4994 “connected to the National transmission grid” is what is stated in the FAB/CAB (#15 Part III Exclusive Power, Annex on Power sharing). Nonetheless, there is still the intergovernmental relations mechanisms from which the Na­­­tional Government and the Bangsamoro Government shall cooperate and coordinate over with.
ECONOMIC PROVISIONS
PERTAINING TO SOME OTHER FISCAL AND ECONOMIC PROVISIONS	12.) On the issuance of bills, bonds, notes, and debentures (Sec 22 Art XII HB 5811): Retain the formulation of HB 4994 stating “The Bangsamoro Government is also authorized to issue treasury bills, bonds, debentures, securities, collaterals, notes,….”. Rationale:  This is already provided for in RA 9054 (Sec. 10 Art IX), which states “ The Regional Government may issue treasury bills, bonds, promissory notes, and other debt papers or documents pursuant to law enacted by the Regional Assembly.”  13.) On Overseas Development Assistance (Sec 23 Art XIII): Retain the phrase “the Bangsamoro Government may enact legislation governing ODA” and add the phrase “in accordance with overseas development assistance law”.  Rationale: In Sec 14 of RA 9054 (Foreign and Domestic Loans), the Regional Assembly is mandated to give authority to the Regional Governor to contract Foreign and domestic loans in accordance with the constitution. As in the case of Sec. 10 Art IX RA 9054 above (Issuance of bills, bonds, notes and debentures), which authorized the Regional Assembly to enact law on the matter, the Bangsamoro Government may also do the same on the ODA to guide the conduct of similar mandate, in accordance with the ODA Law.

PROPOSED ENHANCEMENTS
ON INDIGENOUS PEOPLE’S RIGHTS	We affirm the provisions upholding the inclusion of fundamental rights of the non-Moro indigenous peoples with the Indigenous Peoples Rights Act (IPRA) as reference that are altogether introduced in varying levels through enhancements since BTC submitted its draft BBL, until its trans-formation to HB 4994 and HB 5811.  Hereunder are the following pro-posed additional language to clarify legal ambiguities on identity and FPIC processes guaranteeing rights of the non-Moro IPs over their ancestral domains and natural resources. 14.) IDENTITY CLAUSE - Insertion after paragraph one of Art 2 Bangsamoro Identity, Sec 1 :“This shall be without prejudice to those non-Moro indigenous peoples and other inhabitants who do not wish to identify themselves as Bangsamoro by ascription or self-ascription.” 15.) FPIC CLAUSE – Insertion after the last paragraph of Art XII Economy & Patrimony, Sec 11 “Rights of IP over Natural Resources” : “No certification shall be issued by the Ministry of Non-Moro Indigenous Peoples on the renewal, granting of any concession, license or lease, or any production-sharing agreement - without the free and prior informed and written consent (FPIC) of the indigenous peoples affected”. 16.) FPIC CLAUSE IN THE OPT IN PROVISION : Insertion in the proposed enhancement of Art 3, Sec 3, HB 5811 : “Generate a thorough FPIC process especially in areas adjacent to the core territory which are duly delineated with Certificate of Ancestral Domain Title (CADT) or with ongoing titling application, hence, FPIC remains in force and effect”. Rationale: CAB recognizes the FPIC process of the non-Moro IPs, in fact, general FPIC provisions are already embedded in the proposed basic law.  The insertion of identity clause under Art 2 on the Bangsamoro Identity is intended to safeguard sans the explicit definition of non-Moro IPs based on existing national laws.
ON WOMEN’S POLITICAL PARTICIPATION	We affirm the provisions upholding gender equality and women's human rights in the original draft of the BBL and the enhancements introduced in the substitute bill 5811 without prejudice to further amendments to be introduced during the plenary sessions.  We affirm that women's human's rights, in all its aspects (civil, political, economic, and socio-cultural) should be a primordial consideration in the crafting of polices and the implementation of programs, projects and activities in the Bangsamoro.  17.) Delete the term “qualified” under Art.VIII, Section 11, which reads, “…at least one (1) qualified woman to be appointed to the Bangsamoro Cabinet.”  We believe the term is discriminatory against women, since no such requirements are imposed on men and  other sectors/groups. Moreover, it may serve to reinforce elite women’s capture of power; 18.) Add a provision to set up an interim  women’s machinery as coordination and policy-making body to ensure that gender equality and women’s human rights are put in place during the transition period; 19.) Move the phrase, “The Bangsamoro Government shall encourage political parties to have a women’s agenda, and integrate women and youth in the electoral nominating processes,” which was inappropriately placed under Art XV, Section 12 on Regular Election.  We propose to have it moved under  Art. VIII, Section 7 on Regional Parties or Sec. 9 on Bangsamoro Electoral Code.
ON CIVIL SOCIETY PARTICIPATION	20.) Reserved slots for Civil Society representatives in the Bangsamoro parliament and representation in the Council of Leaders. ·         Sec 4 Art XIII HB 5811 – Bangsamoro Sustainable Development Board, to include representatives of the Civil Society Organizations and basic sectors (e.g. farmers, fisherfolk, workers, IPs, women, youth, persons with disabilities), cooperatives and private sectors in the Bangsamoro Sustainable Development Board.  As such, if with adequate democratic representation, the Bangsamoro Sustainable Development Board shall broaden its function to include planning, monitoring and coordination of all development plans, projects and programs in the Bangsamoro region including the Bangsamoro Development Plan. ·         Sec. 5 HB 5811 - Bangsamoro Development Plan, to ensure participation of the Civil Society Organizations and Basic Sectors (farmers, fisherfolk, workers, IPs, women, youth, persons with disabilities), cooperatives and private sectors, in the formulation, review, implementation and monitoring of Bangsamoro Development Plan. Rationale: People’s participation in governance and decision-making is provided for in the Philippine Constitution (Sec 16, Art XIII).  Moreover, civil society and private sector participation in Regional Economic Development Planning Board (REDPB) is also already provided in Sec 10 Art XII RA 9054.
ON LAND DISTRIBUTION, AGRARIAN REFORM	21.) Adoption of Sec. 8 Art IX of RA 9054, Regional Land Reform that states “Subject to the provisions of the constitution, the regional assembly (parliament) may enact an agrarian reform law suitable to the special circumstances prevailing in the (Bangsamoro) autonomous region”.  Rationale: Under the implementation of Comprehensive Agrarian Reform (CARP) in the ARMM, there are still 92,235 hectares to be distributed by 2016 and beyond.  Agrarian reform, as a social justice provision, is provided for in the Philippine constitution (Sec 4, Art XII).
ON AGRICULTURE, FISHERIES AND AQUATIC RESOURCES	22.) Adoption of Sections 21-25 of Art XII RA 9054 under Sec 22 Art XIII of HB 5811: a.        Farming and fishing cooperatives b.       Agricultural productivity; organic farming c.        Soil and water conservation d.       Adoption of Aquatic and fisheries code e.       Creation of Department of Agriculture and Fisheries Rationale: Significant majority (68%) of the population of the Bangsamoro rely on Agriculture and fisheries for their livelihood and income, and the regional economy is largely dependent on it (63% of RGDP).  The said enhancements are just adoption or “carrying over” of what are exactly provided in RA 9054.

We pray that the Honorable members of 16^th Congress will favorably consider these humble proposals with a lens to primarily enact a social justice instrument that addresses the historical root causes of the centuries-old problem in the Bangsamoro.

History is in your hands.

With our sincerest esteem,

ALL-OUT PEACE

-          Initiatives for International Dialogue

-          Balay Rehabilitation Inc.

-          Binhi ng Kapayaapaan

-          Center for Peace Education-Miriam College

-          Generation Peace Network

-          GZO Peace Institute

-          Lanao Peace Partnership

-          MINCODE/ CODE-NGO

-          Mindanao Peaceweavers

-          PILIPINA

-          Pax Christi-Pilipinas

-          Philippine Misereor Partnership Inc.

-          SUCCEED Global

-          Waging Peace Philippines

-          Women Peace Table

-          Women Engaged in Action for 1325

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[1]CAB means Comprehensive Agreement on the Bangsamoro. This document acknowledges key proposals from the lobby paper of the “Bangsamoro para sa Bayan, para sa Lahat Coalition (BBLC)”, SUCCEED Global, WEAct 1325,