"Salient Features of the Bangsamoro Basic Law:

Implications to our environmental, peace and

development work in Mindanao

by: Datu Mussolini Sinsuat Lidasan

Al Qalam Institute

FPE Regional Advisory Committee (RAC) Mindanao Turn-over Ceremony and Meeting

November 4, 2014

Mandaya Hotel

Davao City

I. What is Al Qalam Institute?

II. Updates on the BBL

III. Salient Features

IV. Implications

V. Closing

SOURCES: Office of the Presidential Adviser on the Peace Process (OPAPP), Armed Forces of the Philippines (AFP), Rufa Guiam, Rudy Rodil, Albert Alejo, SJ, ForumZFD.

Presentation Outline

What is Al Qalam?

Al Qalam

Institute for Islamic Identities and Dialogue in Southeast Asia

History

Young, nimble organization

More than a decade of experience in community organizing, public office, advocacy and outreach before joining ADDU

About Us

Mission

Knowledge generation through formation & research

Vision

A peaceful, open-minded Mindanao based on interfaith

dialogue & strong identities

Values

Ateneo: neutrality, credibility

Ignatian: social justice, community

Context

Identities

• Qur'an 49:13 Surah Al-Hujurat (The Inner Apartments) O mankind! We created you from a single (pair) of a male and a female and made you into nations and tribes that ye may know each other (not that ye may despise each other). Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).

Objectives

a) Create a platform for grassroots intra-faith (between and among Muslims and fellow Muslims) and inter-faith (between and among Muslims, non-Muslims, and people’s of other faiths) dialogue within Ateneo and its community;

b) Provide an avenue for articulation of present issues and concerns of Muslim communities by engaging various Muslim interest and sectoral groups into caucus and consensus building (i.e. socio-political religious exchange);

c) Engage government structures, mechanisms and laws towards inter-civilizational dialogue and peace-building (or to the effect: creating a more peaceful and tolerant society);

d) Facilitate Islamic knowledge production, preservation and promotion through research studies and scholastic;

e) Create/facilitate academic and cultural exchanges and linkages with international groups on intercultural and interreligious (interfaith) concerns.

10

Brief Video

Roadmap on the

Bangsamoro

Salient Features of the BBL

• Bangsamoro Identity

• Concept of Shari’ah;

• Transition Period

▫ From ARMM – BTA – 2016? - Bangsamoro

• Environment.

Bangsamoro Identity

• We will know that the word Bangsamoro refers to the people that may then be the electorate, or a citizen, or a resident of the region, and the name of the new political entity.

Concept of Shariah

• The Bangsamoro Basic Law defines the Bangsamoro Justice System under Article X, Section 1: "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 (IPs) in the Bangsamoro; the local courts; and alternative dispute resolution systems”.

• Under the BBL, Section V Article X, provides that the sources of Shari’ah law are the Al Quran, Al Sunnah (traditions of the Prophet (SAW), Al Qiyas (by analogy), and Al Ijma (by consensus).

• The last two sources refer to the practical and contextual application of Shari’ah. Thus, we need more Muslim intellectuals, experts in the study of Shari’ah to help the future Bangsamoro parliament to enact better laws. We need to understand our present context in order to apply the proper principles of Islam within the Bangsamoro.

Transitions

• From ARMM – BTA

• From BTA – 2016?

• BTA – Bansgamoro

Transition Authority

• Transition Period

• Bangsamoro Transition Authority (BTA)

• Powers and authorities

• Functions and Priorities

• Transition Plans

• Regular Elections, May 2016.

Environment

• Article V – Powers of the government

▫ Exclusive Powers

▫ 34. Environment, parks, forest management, wildlife,

nature reserves and conservation. The Bangsamoro Government shall have the authority to protect and manage the environment. It shall have the power to declare nature reserves and aquatic parks, forests, and watershed reservations, and other protected areas in the Bangsamoro;

Article XII

FISCAL AUTONOMY

Sharing in the Exploration, Development and Utilization of Natural Resources

• Section 32. Sharing in Exploration, Development and Utilization of Natural Resource. –Central Government income from taxes derived from the exploration, development and utilization of all natural resources within the Bangsamoro shall be allocated as follows:

• a. For non-metallic minerals, sand, gravel, and quarry resources, such revenues shall pertain fully to the Bangsamoro and its local government units;

• b. For metallic minerals, seventy five percent (75%)shall pertain to the Bangsamoro;

• c. For fossil fuels (petroleum, natural gas, and coal) and uranium, the same shall be shared equally between the Central and Bangsamoro Governments.

• Such sharing scheme shall be applicable to the natural resources found in the land mass that comprise the Bangsamoro territory as well as the waters that are within the territorial jurisdiction of the Bangsamoro.

• Section 33. Share of the Constituent Local Government Units. – The share of the Bangsamoro Government in the revenues referred to in the immediately preceding section shall include those for its constituent local government units. The Bangsamoro Parliament shall enact a law detailing the shares of such local government units.

• Section 34. Share of Indigenous Communities. – Indigenous peoples shall have an equitable share from the revenues generated from the exploration, development and utilization of natural resources that are found within the territories covered by a native title in their favor. The share shall be provided for in a law to be passed by the Bangsamoro Parliament.

• The Bangsamoro Parliament shall enact a law that shall provide in detail said sharing system, including the percentage of the shares of the indigenous peoples and communities, and the mechanisms therefor.

Sustainable Development

• Equitable and sustainable development

• Comprehensive Framework on Sustainable Development

• Bangsamoro Sustainable Development Board

Implications • There are new terms that have not existed yet in the legal lexicon, at least,

for the Philippine system. They must be articulated with clarity and certainty in the BBL in order to avoid misinterpretation. Among these are asymmetrical relations, parity of esteem, Wali as titular head, and fusaka inged. A clause explaining how these concepts can be operationalized in a way that is easily understood by the ordinary people, will be much appreciated.

• It is with critical urgency that we participate in the discourse for the

Bangsamoro. As we join in the discussion, we express critical support to the BBL because we believe that it is one opportunity for peace in Mindanao. But our support goes without scrutiny, our intention being, is to be able to produce a BBL that is inclusive and widely acceptable by the people of and in the Bangsamoro. The whole process we have seen so far is one of “coming in” “than moving out.” We must seize this moment rather than lose this to disarray. We will remain true to our commitment that we are still one country, one Philippines.

Closing Message

Thank you! Questions?