Citizens
Agenda of the All-Out Peace (AOP) and Allied Networks and Partners
GRANT GENUINE AUTONOMY TO THE BANGSAMORO,
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
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Proposed Amendment/s
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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.
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GENERAL PRINCIPLES ON GOVERNANCE
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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”
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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.
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ENTRENCHING THE NATURE OF PARTNERSHIP
IN GOVERNANCE AND HUMAN DEVELOPMENT
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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.
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RESTORING THE RIGHT TO SELF
DETERMINATION LANGUAGE
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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.
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POLITICAL AUTONOMY
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RESTORING THE ‘WALI’ PROVISIONS
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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.
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TRANSLATING INTERGOVERNMENTAL
RELATIONS MECHANISM
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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.
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BANGSAMORO HUMAN RIGHTS COMMISSION
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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.”
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PRINCIPLES ON TERRITORY
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ACKNOWLEDGING THE TERRITORY THAT
EMBODIES THE BANGSAMORO HISTORICAL CLAIM
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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.
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PERTAINING TO ‘CONTIGUOUS TERRITORY’
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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.
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NATURAL RESOURCES
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PERTAINING TO SCOPE OF NATURAL RESOURCES, AND CORRESPONDING
OWNERSHIP AND CONTROL
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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.
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ON POWER GENERATION, TRANSMIS-SION AND DISTRIBUTION
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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.
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ECONOMIC PROVISIONS
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PERTAINING TO SOME OTHER FISCAL AND ECONOMIC PROVISIONS
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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.
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PROPOSED ENHANCEMENTS
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ON
INDIGENOUS PEOPLE’S RIGHTS
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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.
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ON WOMEN’S POLITICAL
PARTICIPATION
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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.
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ON CIVIL
SOCIETY PARTICIPATION
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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.
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ON LAND DISTRIBUTION,
AGRARIAN REFORM
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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).
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ON AGRICULTURE,
FISHERIES AND AQUATIC RESOURCES
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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.
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We pray
that the Honorable members of 16th 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
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Center for Peace
Education-Miriam College
-
Generation Peace
Network
-
GZO Peace Institute
-
Lanao Peace
Partnership
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MINCODE/ CODE-NGO
-
Mindanao Peaceweavers
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PILIPINA
-
Pax Christi-Pilipinas
-
Philippine Misereor
Partnership Inc.
-
SUCCEED Global
-
Waging Peace
Philippines
-
Women Peace Table
-
Women Engaged in
Action for 1325
[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,
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