bangsamoro basic law

Bangsamoro Transition Commission

Bangsamoro Basic Law

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

Name and Purpose

Bangsamoro Identity

Territory

General Principles and Policies

Powers of Government

Intergovernmental Relations

The Bangsamoro Government

Wali

Basic Rights

Bangsamoro Justice System

Public Order and Security

Fiscal Autonomy

Economy and Patrimony

Rehabilitation and Development

Plebiscite

Bangsamoro Transition Authority

Amendments and Revisions

Final Provisions

BANGSAMORO

In consonance with the Constitution,and universal accepted principles ofhuman rights, liberty, justice, democracy,and the norms and standards ofinternational law, reflected of our systemof life prescribed by our faith, and inharmony with our customary laws,cultures and traditions.

PREAMBLE

BANGSAMORO

To establish a political entity, provide for itsbasic structure of government in recognition ofthe justness and legitimacy of the cause of theBangsamoro people and their aspiration tochart their political future through ademocratic process that will secure theiridentity and posterity and allow for meaningfulself-governance.

PURPOSE

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 Territory

Bangsamoro Watersand Zones of Joint Cooperation

The Bangsamoro Government

BANGSAMORO PARLIAMENT

BANGSAMORO CABINET

MINISTERIAL (PARLIAMENTARY)

FORM

Legislative Authority

• 60 members of the parliament

– Party representatives

–District representatives

– Reserved seats & sectoralrepresentatives

• 3-year term, no more than 3 consecutive terms

• Wali as titular head – performing only ceremonial functions

BANGSAMORO PARLIAMENT

50%

40%

10%

• 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

Executive Authority

BANGSAMORO CABINET

CHIEF MINISTER

Elected by majority votes from among the members of the Parliament

DEPUTY CHIEF MINISTER

Appointed by the Chief Minister from among the elected members of the Parliament

OTHER MINISTERS

Majority shall also come from among the members of the Parliament

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 ofAutonomy and the asymmetric relationof the Central Government and theBangsamoro Government, the Presidentshall exercise general supervision overthe Bangsamoro Government to ensurethat laws are faithfully executed.


• 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.

Shari’ahCourts

Traditional / Tribal Justice

System

Local Courts Alternative Dispute

Resolution


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 toexercise their judicial functions, as provided by law.The Bangsamoro Government may undertakemeasures to improve their workings, consistent withthe powers of the Supreme Court.

BANGSAMORO POLICE

BangsamoroPolice Director

DeputyDeputy

Provincial Director

Municipal Chief of Police

City Chief of Police

Chief Minister • Exercise operational control and supervision and disciplinary powers

The Bangsamoro Parliament is authorized to enact laws to govern the Bangsamoro Police consistentwith the Basic Law.

The relationship between the Bangsamoro Police and the national support services of the PhilippineNational Police shall be determined by the intergovernmental relations body.

The defense and security of the Bangsamoro shall be the responsibility of the Central Government. TheCentral Government may create a Bangsamoro Command of the Armed Forces of the Philippines for theBangsamoro, which shall be organized, maintained, and utilized in accordance with national laws.

PUBLIC ORDER AND SECURITY –BANGSAMORO POLICE

BANGSAMORO POLICE

PHILIPPINE NATIONAL POLICE

• Law enforcement and maintenance of peace and order in the Bangsamoro

• It is part of the Philippine National Police.

PUBLIC ORDER AND SECURITY –BANGSAMORO POLICE BOARD

BANGSAMORO POLICE BOARD

NATIONAL POLICECOMMISSION • 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

Taxes Transferred to the Bangsamoro

1. Capital Gains Tax2. Estate Tax

3. Donor’s Tax4. DST

100%BANGSAMOROGOVERNMENT

Taxes Already Devolved to the ARMM100%

BANGSAMOROGOVERNMENT

National Taxes Collected in the Bangsamoro

25%CENTRAL

GOVERNMENT


Revenue Generation

• Sharing in the revenues from the exploitation, development and utilization of natural resources

REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES

Fossil FuelsMetallic MineralsNon-Metallic Minerals


50%CENTRALGOVERNMENT75%


25%CENTRALGOVERNMENT100%


• 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.

Other sources of funds

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

Bangsamoro Transition Authority

Bangsamoro Parliament

Council of Leaders

Cabinet

Representative in the BTA

Interim Cabinet: Indigenous Peoples Affairs

Gender and ethnic balance in the hiring process for the bureaucracy

2 reserved seats

Selection of nominees for reserved seats shall be pursuant to customary laws and indigenous processes

Representative in the Council

Council shall advise the Chief Minister on matters of governance

Council shall also be organized during transition

Parliament shall create an appropriate office or ministry for IPs, which shall be part of the Bangsamoro Cabinet

On Governance | Representation

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!

bangsamoro basic law

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