From the Muslim Mindanao Autonomy Roundtable Discussion Series of the Institute for Autonomy and Governance (IAG), presentation by Amina Rasul-Bernardo | 6 July 2015, Committee Room 1 Senate of the Philippines

1. ISLAM, BANGSAMORO AND DEMOCRACY
AMINA RASUL
President
Philippine Center for Islam and Democracy
www.pcid.org

2. I. History of the Bangsamoro Struggle
II. Autonomy in lieu of Independence
III. ARMM: Failed Experiment?
IV. Strengthening Autonomy
Presentation Outline

3. I. History of the Bangsamoro Struggle

4. The Four Historical Periods of the Moro Struggle
I. History of the Struggle

5. I. History of the Struggle

6. *The Spaniards
respected the
sovereignty of the
Sultanate by
entering into
treaties with them
I. History of the Struggle

7. *Sultanates retained
sovereignty
*Americans entered
into treaties with
Moro
I. History of the Struggle

8. 1. US turned over sovereign Muslim sultanates to
the newly-independent Philippines
2. Independence brought Christian settlers to
populate Mindanao, starting the problem of land
ownership
I. History of the Struggle

9. Land and
Sovereignty
Elements of the Struggle

10. Land and
Sovereignty
Elements of the Struggle
Threatened
Moro Identity

11. Elements of the Struggle
Land and
Sovereignty
Threatened
Moro
Identity
Political
Marginalization

12. Official Data from NSCB, 2010
Mindanao Population Shift
1918 - 2010
1918

13. Official Data from NSCB, 2010
Mindanao Population Shift
1918 - 2010
20101918

14. Elements of the Struggle
Land and
Sovereignty
Threatened
Moro
Identity
Political
Marginalization
Economic
Marginalization

15. No. of Households with Piped Water: 1970 and 1990
Economic Marginalization
Official Data from NSCB

16. No. of Households with Electricity: 1970 and 1990
Economic Marginalization
Official Data from NSCB

17. Explaining the Decline: Martial Law

18. Elements of the Struggle
Land and
Sovereignty
Threatened
Moro
Identity
Political
Marginalization
Economic
Marginalization
Hopelessness

19. II. Autonomy in Lieu of Independence
The Liberation Movements:
Moro National Liberation Front &
Moro Islamic Liberation Front

20. ● Founder/current head:
Prof. Nurallaj Misuari
● Base of operations: Sulu
● Signed Peace Agreement:
September 2, 1996
AUTONOMY
● Armed conflict with government
resumed November 19, 2001
● Fragmented leadership
● Enjoys support particularly in Sulu,
Tawitawi and Basilan
Moro National Liberation Front (MNLF)
III. The Liberation Movements

21. Moro Islamic Liberation Front (MILF)
• Founder: Ustadz Salamat Hashim
• Current head: Ebrahim Murad, al haj
• Base of operations: Maguindanao and
Central Mindanao
• Separated from the MNLF in 1983
• GRP-MILF peace talks since 1997
• Signed the Framework Agreement on
the Bangsamoro last October 15, 2012
• Signed the Comprehensive Agreement
on the Bangsamoro March 2014
• Bangsamoro Basic Law?
III. The Liberation Movements

22. III. ARMM: Failed Experiment?

23. ARMM:
MOST CONFLICT-
AFFECTED REGION

24. Comparative Poverty Incidence in Selected Regions
ARMM Today

25. ARMM Today
Human Development Index: Bottom 10 Provinces

26. ARMM Today
Source: 2008 Functional Literacy, Education and Mass Media Survey
(FLEMMS), Technical Education Skills and Development Authority (TESDA)

27. IV. Strengthening Autonomy

28. Asserting a genuine autonomy
• 1987 Philippine Constitution
– Article X, Section 1, 15, and 16
• “Section 15. There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities, municipalities,
and geographical areas sharing common and distinctive historical and cultural
heritage, economic and social structures, and other relevant characteristics
within the framework of this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the Philippines.”
• The BBL provides a more effective framework for genuine
autonomy.

29. Can the Bangsamoro be established without
Constitutional amendment?
• Yes. The Constitution must be interpreted liberally, so as to
give life to its provisions, and allow the fulfillment of the
decades-old mandate for genuine regional autonomy.
Autonomy, especially in the context of the Constitution’s
mandate for the creation of autonomous regions is, in itself, a
peculiarity, and the region that is given autonomy must be
recognized and respected for its uniqueness.
Statement of CJ Davide to Congress on the Presentation of the
Peace Council Report

30. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
1. OPT – IN PROVISION / PROPOSAL OF OPT-OUT PROVISION
In HB 5811, (the House Ad-hoc Committee approved bill), it states
that petitions for inclusions may be done only on the 5th and 10th
year following the BBL enactment.
Both Senate and House signaled intent to completely remove it.
Proposal of opt-out provision for areas that do not want to be part.
FRIENDS OF PEACE: No to opt-out provision

31. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
2. NATURAL RESOURCES
a. Inland Waters
Territorial problem of LGUs
PEACE COUNCIL REPORT: Needs further clarification to ensure
access to such water is equitable.
b. Strategic Minerals
Decision-making must be shared by National and Bangsamoro
PEACE COUNCIL REPORT: The original version should be retained
because such authority is given to the ARMM already.

32. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
3. CONSTITUTIONAL BODIES
(COMELEC, CIVIL SERVICE, COA, CHR, Ombudsman)
Instead of being independent, they were made regional bodies.
CJ DAVIDE (STATEMENT ON THE PEACE COUNCIL REPORT): The way
that the BBL is structured would show that the powers exercised by
the Bangsamoro special bodies are not exclusive powers but
concurrent powers meant to be exercised in a coordinative and
complementary manner with the National Constitutional Bodies,
and without prejudice to the constitutional bodies’ exercise of their
respective mandates and powers under the Constitution.

33. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
4. PARLIAMENTARY FORM OF GOVERNMENT
Might be problematic because we have a presidential form of
government
CJ DAVIDE (STATEMENT ON THE PEACE COUNCIL REPORT): Our
Constitution permits a parliamentary form of government in local
government units. The prescribed unitary and Presidential form of
government established in the Constitution refers to the national
government. When it comes to local government units, however,
the Constitution “only requires that the government of an
autonomous region ‘consist[] of the executive department and
legislative assembly, both of which shall be elective and
representative of the constituent political units.

34. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
5. BLOCK GRANT
HB 5811 provides for its automatic appropriation; highest priority
should be given to education. The more qualifications, the less
power is given. Anyway, there is general oversight power from the
National Government.
CJ DAVIDE (STATEMENT ON THE PEACE COUNCIL REPORT): As
regards the fiscal autonomy provisions, we do not find any
constitutional infirmity in the provisions of the BBL. The block grant
is not akin to the PDAF that was declared unconstitutional by the
Supreme Court. The block grant referred to in the BBL is similar to
the Internal Revenue Allotment (IRA) under the Local Government
Code (LGC).

35. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
6. INDIGENOUS PEOPLES RIGHTS
Putting IPRA in the BBL leaves no leeway to negotiate a better law
for IP rights.
Exclusive power of Bangsamoro to IP rights protection became
concurrent in HB 5811.
HB 5811 introduced a new category – non Moro IPs. There are
incoherent provisions in HB 5811.
PEACE COUNCIL REPORT: Retain original provision but a more
comprehensive enumeration of Non-Moro Indigenous Peoples
Rights.

36. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
7. ROLE OF SULTANATES
What is the role of sultanates in the Bangsamoro?
FRIENDS OF PEACE: Cannot be explicitly stated in the BBL, but the
sultanates can be part of the Council of Elders.

37. PROBLEMATIC ISSUES / PROVISIONS IN THE BBL
8. WALI
Removal of the Wali as titular head of the Bangsamoro due to the
Wali’s perceived religious role (violating the principle of separation
of Church and State)
CJ DAVIDE (STATEMENT ON THE PEACE COUNCIL REPORT): Passing
the BBL does not constitution establishment of religion, much less
enforce one upon Filipino citizens. A Wali is not required to be a
religious person, and as described and defined, is as much a
guardian or head. As it is, our own Constitution does not prevent
priests from holding public office, only that there are no religious
sectors.
Should be retained in the BBL.

38. • More than 60% of the country’s agri-products came from Mindanao.
ARMM contributes: 11.46% in corn production; 11.43% in coffee
production, 8.09% in coconut production; and 3.57% in palay
production.
• ARMM highest contribution to national fish production (MT),
accounts for 17.5 percent but only 6.5% of value (BFAR, 2010)
• Seaweeds, an acknowledged export market winner is largely cultured
in Mindanao, accounting for 56.33 percent of national output from
2003 to 2008P, growing at a rate of 12.18 percent within the same
period. It is equally important to note that ARMM accounts for 70
percent of the Mindanao production.
• Banana: Region XI contributed about 41% of the Philippine
production, followed by Region XII (11.2%), Region X (10.1%), ARMM
(6.8%), CARAGA (3.6%) and Region IX (3.2%).
WHY SHOULD WE CARE?

39. • Only autonomous region
– capable of regional legislation
• Untapped natural resources – gas and oil, others
• Rich fishing grounds and fertile lands
• Cultural links with Brunei, Indonesia and Malaysia
• Majority Muslim population can access new capital thru
Islamic financing from wealthy Islamic countries
WHY SHOULD WE CARE?

40. Future doctor? Nurse? Businessman?Farmer?
Mujahideen? Terrorist? Drug Pusher? Kidnapper?

41. Today, peace in MINDANAO is within reach
if we all work together!

42. Sail together?
Or
Sink together?