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Transition commission presents highlights of draft Bangsamoro Basic Law

MARAWI CITY, Lanao del Sur, June 11 (PIA) --- Sector representatives here in the province were informed of the salient features of the proposed Bangsamoro Basic Law (BBL) by the Bangsamoro Transition Commission (BTC).

Talib Abdulhamid Benito, member of the BTC, discussed the important features in a forum dubbed “Presentation of the Highlights of the BBL” conducted by the Mindanao Civil Society Organizations Platform for Peace at the Academic Complex of the College of Law of Mindanao State University Main Campus on June 5.

Benito said the 97-page draft BBL is composed of 18 articles with 240 sections.

“Its preamble emphasized the basic principles upon which the BBL is based and the aspiration of the Bangsamoro people.  It contains the establishment of a justly balance Bangsamoro democratic society where everyone can leave in utmost peace, justice, freedom, equality and security,” he said.

He further said that Article I of the BBL states the name and the purpose of the Bangsamoro government while Article II, III and IV defines the Bangsamoro Identity, Territory, and General Principles and Policies, respectively.

The Powers of the Government, Intergovernmental Relations, Basic Rights, Bangsamoro Justice System, Public Order and Security, Fiscal Autonomy, Economy and Patrminony, and Rehabilitation and Development were provided under Article V to Article XIV of the draft BBL.

While provisions on Plebiscite and Bangsamoro Transition Authority (BTA) are provided under Article XV and Article XVI of the draft BBL, respectively.

Benito said BBL differs from Republic Act 9054 or the Organic Act for the Autonomous Region in Muslim Mindanao in terms of the government structure, the asymmetrical relationship between the Bangsamoro and the central government, control over inland waters and power generation, and the power to create offices such as COA, Bangsamoro Human Rights Commission, and Office on Muslim Affairs.

According to him, one notable feature in the BBL is the Bangsamoro justice system.

He said that under the framework agreement on the Bangsamoro, the parties have agreed to strengthen the Shariah court by upgrading its efficiency, operationalizing existing offices under existing law which have not been operational and expanding jusridictions over cases.

He also said that Shari’ah High Court, Shari’ah Judicial and Bar Council, Shari’ah Academy shall be created under the draft BBL.

However, he emphasized that the supremacy of the Shari’ah shall only be to Muslims.

The BTC was created on December 2012 by virtue of Executive Order No. 120 issued by President Benigno Aquino III to draft the BBL. The Commission was able to come up with a draft BBL and submitted it to the Office of the President for review and certification as urgent bill. The draft BBL will then be transmitted to the Congress for deliberation and enactment into law.

Meanwhile Executive Secretary Paquito Ochoa Jr. and BTC chair Mohagher Iqbal, said in a joint press statement that efforts have already been made to coordinate with the Senate and House leadership to ensure that the draft BBL is submitted to Congress when sessions resume in July.

“We acknowledge the urgency behind the immediate passage of the BBL. However, we also recognize that a thorough, extensive and comprehensive review of the draft law’s numerous provisions is a necessary part of the process to ensure that these are consistent with what the parties agreed upon in the 17 years of peace negotiation,” the statement said.

A plebiscite in the envisioned core territory of the Bangsamoro will be conducted once the BBL is passed. (APB/PIA-10)

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