BBL draft limits Congress’ powers to amend provisions Written by Angie M. Rosales Wednesday, 24 September 2014 00:00 font size decrease font size increase font size Print 1 comment BBL draft limits Congress’ powers to amend provisions On top of contentious issues senators have to deal with, related to the legality and feasibility of the passage of the Bangsamoro Basic Law (BBL) and of its being enforced once the proposed Bangsamoro political entity is put in place, lawmakers appear to be facing a blank wall due to the lack of parameters in which they can introduce amendments to the BBL. Senators were dumbfounded with the realization of Congress being vitrually forbidden, and in effect, beholden to the language and provisions of the draft BBL, which will be the legal basis for the establishment of the Bangsamoro political entity, replacing the existing Autonomous Region in Muslim Mindanao (ARMM). The matter was repeatedly reminded to the Senate panels handling deliberations in the committee level of the proposed BBL by Bangsamoro Transition Commission chairman Mahaguer Igbal, to which Sen. Ferdinand “Bongbong” Marcos Jr. said they may have a difficult time dealing with this, becasue in essence this limits congressional power to amend any law and having their hands tied by the Bangsamoro-government agreement on the BBL and its annexes. “That needs to be clarified first. We’ll have to see what exactly (can be done). I don’t know if you can limit the power of Congress to amend any proposed law. That’s where the possible confusion that might arise. “We will have to look at the agreement and tell them (Moro Islamic Liberation Front leaders) to explain to us what it really means in terms of staying close and not diverging too far from the original agreement,” Marcos, chairman of the committee on local government said, following a briefing by the Bangsamoro Transition Commission (BTC) and the panels that worked on the government’s peace pact with the MILF. “I would request Congress and the Senate to retain the word as it is (political entity)… proposed by the Bangsamoro Transition Commission. Please retain the original language instead of using Autonomous Region of Muslim Mindanao so as not confuse the Bangsamoro government with the ARMM,” Igbal said in the proceedings that the local government committee held jointly with the peace, unification and reconciliation panel chaired by Sen. Teofisto “TG” Guingona. Before going into the details of the BBL, Marcos emphasized the need to clarify the parameters in which lawmakers can deviate from the original agreement, if at all they are allowed or if they see the need to introduce necessary amendments and the areas in which both negotiating panels are open for revisions. “As they say, God is in the details and that’s exactly what is happening here. I think the intention of the BBL is very, very clear and I think the general sentiment of Filipinos is also very clear. But we have to hammer out those details to be sure that this is successful so that we actually achieve our aspirations for peace in Mindanao. “It really is there (in the BBL draft) that Congress cannot stray far from the agreement that is already written in the agreement for the law. That’s not part of the agreement, it’s part of the transitional process. Now by what means, still has to be explained, still has to be established. I’m sure that if we see that there are certain provisions we want to add or amend, will that fall foul of the original agreement?” he asked. Marcos expressed apprehension once the BBL, following tedious deliberation process, will be rejected by the so-called signatories of the peace agreement as it no longer conforms to the original form and substance. “These are problems that arise which need to be addressed and that’s what we wil all do. It’s a far-reaching complicated, extremely profound and important document so we will not rush it. We will make sure that all the issues are discussed and clarified. Again, our intent here really is to achieve peace in Mindanao,” Marcos stressed. The Senate panels are looking at having the BBL up for floor debates and bicameral deliberations early next year in time for the conduct of plebiscite in 2015 and be allowed to carry out elections in the Bangsamoro in year 2016. This early, Marcos said issues concerning power-sharing and sharing of national wealth will be among the most contentious issues. “Every single LGU (local government unit) is asking, why is their (MILF-Government) sharing different from our LGU? What is the reason behind it. So much so that again, as I brought up during the briefing, because the sharing of national wealth and even taxes, is very much in favor of Bangsamoro which is a big difference to other LGUs, how is that going to work and how did that come about? We were given a very brief answer, that it is a form of affirmative action. But again, that question came up. “This is one of the issues that has not been clearly resolved. We basically asked very exploratory questions. There was no clear answer on how this will be done and I think both panels have to go and think about it as well, to make the law clear, because as it is written now, those power-sharing agreements are not entirely clear especially in the different sectors in terms of economic planning, disarmament, police, security arrangement, administration – all of these things still have to be clarified. So it is really just an initial draft. We have to really consider what was filed as an initial draft which needs a good deal of study to clarify those issues. “Power-sharing, I think is the biggest single subject but power-sharing runs across not only one sector or one department. It runs across the legislature, the administration, police, even security arrangements, economic development. The sharing in national wealth is something that’s going to be argued very strongly for both sides in the coming weeks,” the senator explained. For his part, BTC chairman Iqbal on Tuesday rejected speculation by some sectors that the proposed BBL will divide the country. “Instead of dividing the country, the Bangsamoro will unite the country. The establishment of the Bangsamoro will end the long-standing conflict that has been the scourge of our people. The conflict has caused untold pain and misery. It has brought poverty and insecurity to our people. It has cost thousands of lives,” Iqbal told the Senate panel during the initial briefing on the Senate Bill 2408 or “An Act Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao.” “What divides a country is neglect, lack of respect and lack of appreciation of diversity. What unites a country is respect and celebration of the richness of our different histories, cultures and faiths. This is what the Bangsamoro brings,” he noted. According to the BTC chair, creating the Bangsamoro will not only liberate the Bangsamoro people from insecurity and poverty but “it will also build the country and will make the Philippines whole.” Iqbal, also chief peace negotiator for the MILF, said the Bangsamoro people “have been kept at the margins of Philippine national life,” and the creation of the Bangsamoro will empower and grant them the “opportunity to participate as real, active citizens of this country.” “It will (also) spur this country’s development, as it will become an economic hub in an area adjacent to Malaysia, Indonesia, and Brunei. With the peace that the Bangsamoro will bring, there will be more investments, more jobs, more education and more opportunities not just for the Bangsamoro but for the whole country as well,” he stressed. More importantly, the BTC chair believes that the Bangsamoro will be the “best antidote against rising radicalism, as it will show that there is space for the Bangsamoro in the Philippines.” Iqbal called on the Senate to “have a singular opportunity to end suffering, illiteracy, impunity and lawlessness.” “Let us work hard to make it happen. Let peace be our lasting legacy,” he said. For her part, Presidential Adviser on the Peace Process (OPAPP) Secretary Teresita Quintos-Deles said, “I think the importance of this bill… has been made clear over and over again.” The briefing on the proposed BBL was called by Senator Marcos. Marcos assured that the joint committee will work hard to come out with a well-studied BBL despite hectic schedules of the Senate and one month break starting next week. “Even during the break the committee will continue working and in fact we’re planning to hold hearings out of town in Cotabato and Marawi next month depending on whether we will hold another briefing for those senators who still have questions,” Marcos told the media after the Senate briefing on the BBL. ”We discussed lengthtily on the LGUs whether to join or not the Bangsamoro. There is also question on police force, chain of command, security and nature of devolution in health care,” Marcos said. On the constitutional of the proposed Bangsamoro, Marcos said it is to be explained during the upcoming hearings but “it will not be decided in the Senate or in the House.” ”It will be decided in court,” Marcos said, adding that in conflict provisions Constitution should always prevail. With PNA
Posted on: Tue, 23 Sep 2014 22:22:29 +0000
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