THE
Senate is confident that the proposed Bangsamoro Basic Law (BBL) it has just
passed complies with the Constitution, but that is exactly why not everyone in
Muslim Mindanao is rejoicing.
It is with
the House of Representatives’ version of the proposed charter for an autonomous
Muslim homeland in Mindanao that they are disappointed, and the grumbling is
ominous.
Voting
21-0, the Senate approved the proposed BBL at 1 a.m. on Thursday (May 31) , just
in time as the 17th Congress adjourned its second regular session. It will
return for the third regular session on July 23.
The House, voting 226-11 with two abstentions, passed its version at 5 p.m. on
Wednesday (May 30), but the bill was not the work of the Bangsamoro Transition
Commission (BTC) that helped the government lay the plan for a new autonomous
region for Muslims in Mindanao.
The
newly passed BBL “does not inspire hope in our hearts that we of the Bangsamoro
will receive justice to set right all the injustices committed against our
people,” the Suara Bangsamoro group of Muslim activists said in a statement
issued in Cagayan de Oro City on Thursday (May 31).
No Bangsamoro control
“This
milquetoast that they’re passing off as BBL leave the Bangsamoro with no
control over the resources of the area they define as our autonomous areas,”
said Jerome Succor Aba, the group’s national chair.
“Just
like in the ARMM (Autonomous Region in Muslim Mindanao), this BBL appoints the
new Bangsamoro political entity to facilitate the wholesale selling of our
territories and natural resources to foreign corporations under the guise of
bringing growth and development to Bangsamoro areas,” Aba said.
Anakpawis
Rep. Ariel Casilao said the belief that the House version of the proposed BBL
did not represent the aspiration of the Moro people was the reason he voted
against the measure.
“The
approved law was very different from what I believe autonomy and
self-determination should be,” Casilao said in a statement on Thursday (May 31).
Bayan
Muna Rep. Carlos Isagani Zarate said the original proposal was the product of
negotiations among the government, the Moro Islamic Liberation Front (MILF),
and the Moro National Liberation Front, but it was watered down.
“The
substituted HB 6475 (House Bill No. 6475) set aside all of these efforts,”
Zarate said.
Malacañang pleased
But
Malacañang said on Thursday it was pleased with the passage of the Senate and
House versions of the bill that President Duterte had earlier certified.
“We are
hoping that you know congressmen (and senators) will also exert efforts to make
sure this BBL will withstand judicial scrutiny, having learned already from the
lessons of the earlier MOA-AD (memorandum of agreement on ancestral domain),”
presidential spokesperson Harry Roque said, referring to the proposed agreement
on ancestral domain that the administration of President Gloria
Macapagal-Arroyo negotiated with the MILF in 2008 but that the Supreme Court
struck down as unconstitutional.
Senate
Majority Leader Juan Miguel Zubiri, who sponsored the measure and led the
debates in the Senate, expressed confidence that the chamber’s version was
“compliant with the Constitution and [could] withstand scrutiny by the Supreme
Court.”
Zubiri
said the Senate was able to “weed out” provisions that “earlier muddled our
intentions to improve the lot of fellow Filipinos in Muslim Mindanao.”
He said
the Senate version “gives great latitude to the Bangsamoro people ‘to assert their
political and economic self-determination, and pursue development programs for
their people according to their peculiar historical, cultural, religious, and
national identities.”
Senator
Aquilino Pimentel III told reporters that the BTC may not have gotten 100
percent of what it wanted but the Senate version fixed its proposal and made it
compliant with the Constitution.
Important concepts
“All
the important concepts [proposed by the BTC] are there — block grant, special
development fund, taxing power, and parliamentary structure,” Pimentel said.
Told
that Speaker Pantaleon Alvarez had concerns on the constitutionality of making
a law that would make an autonomous Bangsamoro region happen, Pimentel said
Congress was actually “building upon the gains of the ARMM” and enhancing its
autonomy.
“We
will survive the test of constitutionality because this is still the autonomous
region mentioned in the Constitution,” he said.
But
Fatima Pir Allian of the Moro group, Nisa Ul Haqq Fi, said the passage of the
House and Senate versions of the proposed BBL was not a cause for celebration.
The
House bill that passed, she said on Facebook, was not compliant with the
Comprehensive Agreement on the Bangsamoro, the final peace agreement signed by
the government and the MILF in 2014, stilling the guns in Mindanao.
The
agreement provided for the establishment of an autonomous Bangsamoro region
that would replace the ARMM and for the decommissioning of the MILF’s fighting
force.
“It has
changed in form and substance,” Allian said.
Dilution of proposal
Sultan
Maguid Maruhom, director of Ummah Fi Salam, said he was worried the dilution of
the original proposal could affect the acceptability of the proposed BBL to the
Bangsamoro, but he hoped the Senate-House conference could fix the flaws.
ARMM
Governor Mujib Hataman and Maguindanao Governor Ismael Mangudadatu said they
appreciated the work of the 17th Congress.
But
Mangudadatu, whose province is the home base of the MILF, said that he hoped
the final version would be parallel to the original work of the two sides. (INQ.net with reports from Allan Nawal, Jigger
Jerusalem, Julie Alipala, Leah Agonoy, and Edwin Fernandez / Google News PH/MINDANAO
EXPOSE’)