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Prospects for a Just and Lasting Peace and the BBL Peace at Last? Public Forum on the BBL August 12, 2015 Bishop La Verne Mercado Ecumenical Center National Council of Churches in the Philippines

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Prospects for a Just and Lasting

Peace and the BBLPeace at Last? Public Forum on the BBL

August 12, 2015Bishop La Verne Mercado Ecumenical Center

National Council of Churches in the Philippines

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GPH-MILF Peace Negotiations

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GPH-MILFPeace Negotiations

Highlights of the Peace Negotiations (1997 - 2014)Cessation of Hostilities (1997)

Relief and Rehabilitation (2003)MOA-AD (2008)

Framework Agreement on the Bangsamoro (2012)Comprehensive Agreement on the Bangsamoro (2014)

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ARMM - A Failed Experiment!• “ARMM is a failed experiment in

terms of the aspirations of the Filipino people to give justice to our Muslim brothers” - Aquino spokesman EdwinLacierda on the reason whyAquino decided to postpone elections in the ARMM in September 2011

• Appointed OIC-Governor Mujiv Hataman until 2013, elected as governor in 2013

• President Aquino declaredthe ARMM a failed experiment during the signing of the Framework Agreement on the Bangsamoro on October15, 2012

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Comprehensive Agreement on the Bangsamoro

(CAB) signed March 27, 2014

CAB recognizes “the justness and legitimacy of the cause of the Bangsamoro people, their aspiration for meaningful autonomy through a democratic process; the aim of finding a solution to the Bangsamoro question with honor, justice, and dignity; the aim to end the fighting between the government and the MILF and promote peace and stability; the recognition of the responsibilities of the parties to protect and enhance the rights of the Bangsamoro people and all other inhabitants, correct historical injustice, and equitably diffuse wealth and political power.” - Miriam Ferrer, GPH peace panel

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LIMITED BY THECONSTITUTIONAL

PROCESSHB4994 & SB2408

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Bangsamoro Basic LawPREAMBLE

I. Name and PurposeII. Bangsamoro IdentityIII. TerritoryIV. General PrinciplesV. Powers of GovernmentVI. Inter-governmental RelationsVII. Bangsamoro GovernmentVIII.WaliIX. Basic RightsX. Bangsamoro Justice System

•House Bill 4994•Submitted on Sept. 11

XI. Public Order and SafetyXII.Fiscal AutonomyXIII.Economy and PatrimonyXIV.Rehabilitation and DevelopmentXV. PlebisciteXVI.Bangsamoro Transition AuthorityXVII. Amendments and RevisionsXVIII. Final Provisions

3 Versions: Bangsamoro Transition

Commission (April 2014) Malacanang (June 2014) compromised version – HB4994 & SnB2408

•Senate Bill 2408 •Submitted on Sept. 15

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Self-Governance vs. Self-Determination

The future Bangsamoro Government must abide with the existing international treaties, Despite those that are detrimental to their communities and to them as people; And also limits its power to have their own foreign policies.

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Political Control Over the Bangsamoro

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The inter-governmental principles are no different from any local government units

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Political Control Over the Bangsamoro

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Economic Control over Resources of Bangsamoro

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Article XIIIEconomyand Patrimony

Not Exclusive to the Natives,Open for foreign and Manila-basedcorporations

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On Revenue Generation and Wealth Sharing

NATIONAL TAXES income taxes, VAT and other percentage taxes, butexclude not tariff and customs duties

Intergovernmental Fiscal Policy Board - Central Government and Bangsamoro toward building a strong fiscal foundation and sustainable development in the region

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Economic Control over Resources of Bangsamoro

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Continuing Privilege for the Elites

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Bangsamoro Assembly50 members. Through different kinds of seats -- district, reserved, party-list and sectoral – “it ensures that the Bangsamoro assembly shall be representative of the Bangsamoro’s constituent political units, as well as non-Moro indigenous communities, women, settler communities, and other sectors.”

The Annex on Power Sharingdoes not at any instancediminish the powers granted toconstitutional bodies under theConstitution: Commission onelections, Civil ServiceCommission, Commissionon Audit, and Commission

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Article III Territory and Article Plebiscite

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Administrative region Area (km²) Population 2010 Census Population density (/km²)

202.54

220.74182.92113.14120.71198.10

Zamboanga PeninsulaNorthern Mindanao

Davao RegionSOCCSKSARGENCaragaARMM *Mindanao (Group)

213.50

16,82320,13220,24422,466

21,47126,974

128,110

3,407,3534,297,3234,468,5634,109,5712,429,2243,256,14025,375,527

MindanaoLand Area : 128,110 sq. km

10.2 million hectaresPopulation: 25,375,527 (2010)

21,582,540 (2007)

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RA 9054 and the CAB/BBLAspect

Territory andPlebiscite

Coverage

Structure

ReservedPowers for

the NationalGovernment

RA 9054 (MNLF)

Determined throughplebiscite

Regional Autonomy

Foreign Affairs, National Defense&Security, Coinage and Fiscal MonetaryPolicy, Justice Administration, Citizenship,Naturalization and Migration, Auditing,National Elections, Maritime, Postal

CAB/BBL (MILF)

CAB: ARMM core area, provincesthat participated in the 2001

Regional but Ministerial in formForeign Affairs, National Defense& Security,Coinage and Fiscal Monetary Policy, Citizenship & Naturalization, Immigration,Postal Service, Customs and Tariff, CommonMarket & Trade, IPR

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RA 9054 and the CAB/BBLAspect

RA 9054 (MNLF)

CAB/BBL (MILF)Revenue Through taxes, may Create its own sources of

Creation initiate programs revenues, taxes and tax

Sharing ofRevenues

RevenuefromNatural

35% province/city;35% region; 30%national govtSetion 9 Article IXPhil Constitution: 35%province/city; 35% region; 30%national govt

CAB: 25% national gov’t/ 75% Bangsamoroincluding LGU sharesBangsamoro: 100% non-metallic minerals; 75%metallic; 50% fossil fuels

Resources

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August 11, 2015 – debate

actually resumed

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811

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SOME DILUTIONS IN HB5811On WALI

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SOME DILUTIONS IN HB5811

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DDR

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BTC REJECTS THE SUBSTITUTE BILL

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…the latest…

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THE FIGHT OF THEMORO PEOPLE FOR THE RIGHT TO SELF-DETER-MINATIONCONTINUES…