"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

Presentation Outline
I.
II.
III.
IV.
V.

What is Al Qalam Institute?

Updates on the BBL
Salient Features
Implications
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.

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

A peaceful, openminded Mindanao

based on interfaith
dialogue & strong
identities

Knowledge
generation through
formation &
research

Vision

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 peoples 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.

Brief Video
Roadmap on the
Bangsamoro
10

Salient Features of the BBL

Bangsamoro Identity
Concept of Shariah;
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 Shariah 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 Shariah 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 Shariah. Thus, we
need more Muslim intellectuals, experts in the
study of Shariah 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?