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Bangsamoro Organic Law
The document outlines the Bangsamoro Organic Law (BOL), which establishes a new autonomous political entity in the Bangsamoro region of the Philippines, aimed at providing self-governance while ensuring national sovereignty. It details the historical context of peace agreements, the governance structure, and the rights of the Bangsamoro people, including provisions for inclusivity and representation of various sectors. The BOL intends to address historical injustices and promote socio-economic development in the region, while maintaining a relationship with the national government that respects autonomy.
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Bangsamoro Organic Law
- 1. Bangsamoro Organic Law Atty.Maisara Dandamun-Latiph Commissioner Bangsamoro Transition Commission
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- 3. The Bangsamoro PeaceProcess u During his inaugural speech on 30 June 2016, Pres. Duterte committed to implement all signed agreements in step with constitutional and legal reforms. This includes the implementation of the Comprehensive Agreement on the Bangsamoro (CAB). 7 What is the Comprehensive Agreement on the Bangsamoro ? The CAB which was signed on 27 March 2014 culminates the 17 years of negotiations between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) and proposes a comprehensive political settlement that aims to provide a just and lasting solution to the armed conflict. CAB Implementing the CAB includes: • Drafting and ratification of an enabling law that will pave the way for the establishment of the Bangsamoro political entity that will replace the current ARMM Political- Legislative Track • Implementation of the Program for Normalization in the Bangsamoro to transform conflict areas into peaceful and productive communities • Aspects: Security, Socioeconomic Development, Transitional Justice & Reconciliation, and Confidence-building measures Normalization Track
- 4. Why pursue the peace process ? • We are ins)tu)ng peace and stability in Muslim Mindanao not through violence (all-out-war) but through a nego)ated poli)cal se<lement to address: q Historical injus)ces commi<ed against the Bangsamoro q Minori)za)on and landlessness q Rela)ve economic depriva)on and underdevelopment (bring lag regions like the Bangsamoro at par with the other more developed regions in the country) q Poli)cal and cultural marginaliza)on q The just aspira)ons of the Bangsamoro people for self-determina)on while preserving and strengthening the territorial integrity of the Republic of the Philippines. 3 These we aim to address as envisioned in the Comprehensive Agreement on the Bangsamoro (CAB) and as further provided in the Bangsamoro Organic Law (BOL)
- 5. Republic Act No.11054 “Act Act providing for the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, repealing for the purpose RA 6734, entitled “An Act Providing for an organic act of the ARMM,” as amended by RA 9054, entitled “An Act to strengthen and expand the Organic Act for the ARMM”
- 6. Purpose of theBangsamoro Organic Law “The purpose of this Organic Law is to (a) ESTABLISH A POLITICAL ENTITY, (b) PROVIDE FOR ITS BASIC STRUCTURE OF GOVERNMENT (in recognition of the justness and legitimacy of the cause of the Bangsamoro people and the aspirations of Muslims Filipinos and all indigenous cultural communities in the Bangsamoro Autonomous Region in Muslim Mindanao to secure their identity and posterity,) (c) ALLOWING FOR MEANINGFUL SELF-GOVERNANCE within the framework of the Constitution and the national sovereignty as well as integrity of the Republic of the Philippines”
- 7. Outline of theBangsamoro Organic Law (BOL) Preamble Art I Name and Purpose Art II Bangsamoro Identity Art III Territory Art IV General Principles and Policies Art V Powers of Government Art VI Intergovernmental Relations Art VII The Bangsamoro Government Art VIII Wali Art IX Basic Rights Art X Bangsamoro Justice System Art XI National Defense,Public Order and Safety Art XII Fiscal Autonomy Art XIII Economy and Patrimony Art XIV Rehabilitation and Development Art XV Plebiscite Art XVI Bangsamoro Transition Authority Art XVII Amendments and Revisions Art XVIII Final Provisions 1
- 8. 10 What is the “Bangsamoro”? The Bangsamoro isthe secular autonomous government mandated in the Constitution. The Bangsamoro is not an Islamic state. Identity or the Bangsamoro People Political entity or the Bangsamoro that will replace the ARMM Government or the Bangsamoro Government that will replace the ARMM Regional Government
- 9. Bangsamoro people refers to those who, at the advent of the Spanish coloniza5on, were considered na5ves or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have the right to iden5fy themselves, their spouses and descendants, as Bangsamoro The Bangsamoro Government shall recognize and promote the rights of non- Moro indigenous peoples in the Bangsamoro. The freedom of choice of all people in the BAR shall be respected. Indigenous peoples have the freedom to retain their dis5nct indigenous and ethnic iden5ty in addi5on to their Bangsamoro poli5cal iden5ty. There shall be no discrimina;on on the basis of iden;ty, religion and ethnicity. Bangsamoro Iden;ty
- 10. T E RR I T O R Y O F T H E B A N G S A M O R O THE BANGSAMORO AUTONOMOUS REGION WILL BE DIVIDED INTO THREE (3) SUBREGIONS: SOUTH WESTERN MINDANAO NORTH CENTRAL MINDANAO SOUTH CENTRAL MINDANAO TO ENSURE REPRESENTATION OF ALL THE SUBREGIONS THE TWO (2) DEPUTY CHIEF MINSTERS SHALL COME FROM TWO (2) SUBREGIONS DIFFERENT FROM THAT OF THE CHIEF MINISTER THE PRESENT GEOGRAPHICAL AREAS OF THE ARMM: PROVINCE OF SULU PROVINCE OF TAWI TAWI PROVINCE OF MAGUINDANAO PROVINCE OF LANAO DEL-SUR PROVINCE OF BASILAN ISLAMIC CITY OF MARAWI CITY OF LAMITAN THE AREAS OUTSIDE THE CORE TERRITORIES MAY OPT AT ANY TIME TO BE PART OF THE BANGSAMORO THROUGH A RESOLUTION OF THE LOCAL GOVERNMENT UNIT OR UPON PETITION OF AT LEAST 10% OF THE REGISTERED VOTERS AND APPROVED BY THE MAJORITY OF THE QUALIFIED VOTER CASTS IN THE PLEBISCITE AREAS THAT VOTED YES TO INCLUSION OR EXCLUSION IN THE ARMM IN THE 2001 PLEBISCITE 6 TOWNS IN LANAO DEL NORTE: BALOI, MUNAI, NUNUNGAN, PANTAR, TAGOLOAN,TANGKAL 39 OUT OF 208 BARANGAYS IN SIX TOWNS IN NORTH COTABATO: PIGKAWAYAN (8 OF 40 BARANGAYS) KABACAN (3 O 24 BARANGAYS) CARMEN ( 2 OF 28 BARANGAYS) MIDSAYAP ( 12 OF 57 BARANGAYS) ALEOSAN ( 3 OF 19 BARANGAYS) PIKIT (11 OF 42 BARANGAYS) THE CITIES OF COTABATO AND ISABELA IN THE PROVINCE OF BASILAN
- 11. B A NG S A M O R O W A T E R S BANGSAMORO AUTONOMOUS REGION INTRODUCES REGIONAL WATERS FOR THE BANGSAMORO REGION EXTENDING UP TO 19 KILOMETERS FROM THE LOW-WATER MARK ALL INLAND WATERS WILL BE PRESERVED AND MANAGED BY THE BANGSAMORO GOVERNMENT THOSE THAT ARE UTILIZED OR ENERGY IN AREAS OUTSIDE THE BAGSAMORO REGION WILL BE CO-MANAGED BY THE BANGSAMORO GOVERNMENT AND THE DEPARTMENT OF ENERGY
- 12. 13 Areas where the plebiscite will be conducted The establishment ofthe Bangsamoro shall take effect upon the ratification of the BOL by majority of the votes cast in a plebiscite in: 1) Present ARMM (Maguindanao, Lanao del Sur, Basilan, Sulu, Tawi-Tawi, Marawi City, Lamitan City) 2) 6 municipalities of Baloi, Munai, Nunungan, Pantar, Tagaloan and Tangkal in Lanao del Norte 3) 39 brgys in Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato 4) Cotabato City and Isabela City, Basilan 5) Any LGU unit or geographic area outside the territorial jurisdiction of the Bangsamoro, but which a) Are contiguous to any of the component units of the Bangsamoro, b) upon a verified petition for the conduct of a plebiscite of at least 10% of the registered voters, or resolution of its LGUs asking for inclusion at least 2 months prior the conduct of the plebiscite. The plebiscite shall be conducted, not earlier than 90 days or later than 150 days after the effectivity of the Bangsamoro Organic Law on 21 January 2019.
- 13. Rela&onship of Bangsamoro Government with Na&onal Government The Bangsamoro government will have an asymmetrical rela&onship with the na2onal government, as the BARMM will have more autonomy than other regions in the country. – While the na2onal government will retain powers over cons2tu2onal and na2onal ma>ers such as foreign affairs and defense, the Bangsamoro government will have exclusive powers over some areas including budge2ng, administra2on of jus2ce, agriculture, customary laws, crea2on of sources of revenue and etc.
- 14. Inclusivity in theBangsamoro Organic Law q Ten percent (10%) of the seats in the Bangsamoro Parliament reserved for non-Moro indigenous peoples and settler communities, women, youth, traditional leaders, and the ulama q Promotion of rights of non-Moro IPs in the Bangsamoro through the creation of a Ministry for Indigenous Peoples that will formulate and implement policies, plans, and programs for all IPs in the region, on top of upholding the existing laws for IPs q Representation of traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, and Bangsamoro communities outside of the Bangsamoro Autonomous Region in the Council of Leaders that shall advice the Chief Minister in governace q Respect of existing customary justice system of the Bangsamoro people and allows its practice in harmony with the Constitution, such as the Shari’ah, traditional or tribal laws, and other relevant laws q Participation of women in the Bangsamoro Cabinet q Mechanisms for consultations for women and marginalized sectors
- 15. HUMAN RIGHTS INDIGENOUS PEOPLESRIGHT INLAND WATERS ISLAMIC BANGKING AND FINANCE LABOR, EMPLOYMENT AND OCCUPATION LIBRARIES AND MUSEUM, AND HISTORICAL, AND CULTURAL AND ARCHEOLOGICAL SITES LOANS, CREDITS AND FORMS OF INDEBTEDNESS MECHANISMS FOR CONSULATIONS FOR WOMEN AND MARGINALIZED SECTORS PEOPLE’S ORGANIZATION POWER SECTORS INVESTMENTS PUBLIC UTILITIES’ OPERATION PUBLIC WORKS AND INFRASTRUCTURES QUARANTINE REGULATIONS REGISTRATION OF BIRTHS,MARRIAGES, AND DEATH, COPIES TO BE FURNISHED THE PHILIPPINE STATISTIC AUTHORITY REGISTRATION OF THE MANUFACTURE AND DISTRIBUTION OF FOOD,DRINKS, DRUGS , AND TABACCO SCIENCE AND TECHNOLOGY RESEARCH COUNCILS AND SCHOLARSHIP PROGRAMS SOCIAL SERVICES, SOCIAL WELFARE AND CHARITIES SPORTS AND RECREATION TECHNICAL COOPERATION FOR HUMAN RESOURCE DEVELOPMENT TOURISM DEVELOPMENT TRADE AND INDUSTRY URBAN AND RURAL PLANNING DEVELOPMENT URBAN LAND REFORM AND LAND USE WATER SUPPLY AND SERVICES, FLOOD CONTROL, AND IRRIGATION SYSTEM POWERS OF THE BANGSAMORO GOVERNMENT
- 16. ADMINISTRATION OF JUSTICE ADMINSTRATIVE ORGANIZATION AGRICULTURE, LIVESTOCK, & FOODSECURITY ANCESTRAL DOMAIN & NATURAL RESOURCES BARTER TRADE & COUNTERTRADE BUDGETING BUSINESS NAME REGISTRATION CADASTRAL LAND SURVEY CIVIL SERVICE CLASSIFICATION OF PUBLIC LANDS COOPERATIVES & SOCIAL ENTREPRENEURSHIP CREATION OF SOURCES OF REVENUES CREATION, DIVISION MERGER,ABOLITION OR ALTERNATION OF BOUNDARIES OF MUNICIPALITIES AND BARANGAYS CUSTOMARY LAWS CREATION OF GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS & PIONEER FIRMS CULTURE & LANGUAGE CULTURAL EXCHANGE & ECONOMIC & TECHNICAL COOPERATION DEVELOPMENT PROGRAMS AND LAWS FOR WOMEN, LABOR,YOUTH, THE ELDERLY, THE DIFFERENTLY-ABLED, AND INDIGENOUS PEOPLE DISASTER RISK REDUCTION AND MANAGEMENT ECOLOGICAL SOLID WASTE MANAGEMENT AND POLLUTION CONTROL ECONOMIC ZONES, INDUSTRIAL CENTERS, AND FREE PORTS EDUCATION AND SKILLS TRAINING EMINENT DOMAIN ENVIRONMENT, PARKS, FOREIGN MANAGEMENT, WILDLIFE, AND NATURE RESERVES CONSERVATION FISHERY, MARINE AND AQUATIC RESOURCES GRANTS AND DONATIONS HAJJ AND UMRAH HEALTH HOUSING AND HUMAN SETTLEMENTS HUMANITARIAN SERVICES AND INSTITUTIONS POWERS OF THE BANGSAMORO GOVERNMENT
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- 18. Form of Government Parliamentary-Democra4c Form of Government There shall be two (2) Deputy Chief Ministers who shall be nominated by the Chief Minister and elected by members of the Parliament. Powers of the Bangsamoro Government shall be vested in the Parliament who shall set policies, legislate on maAers within its authority, and elect a Chief Minister who shall exercise execuCve authority on its behalf. QUALIFICATION: At least Twenty five (25) years old on the day of the elecCon, able to read and write and a registered voter of the Bangsamoro. • Youth representaCve should be at least 18 years old and not more than 30 years old on the day of the elecCon. TERM OF OFFICE OF ALL PARLIAMENT MEMBERS: Three Years • No member shall serve for more than three (3) consecuCve terms.
- 19. BASIC RIGHTS INDIGENOUS PEOPLE’SRIGHTS THE BANGSAMORO GOVERNMENT RECOGNIZE THE RIGHTS OF THE INDIGENOUS PEOPLES AND SHALL ADOPT MEASURE FOR THE PROMOTION AND PROTECTION OF THE FOLLOWING RIGHTS: INDIGENOUS CUSTOMS AND TRADISTION JUSTICE SYSTEM AND INDIGENOUS POLITICAL STRUCTTURE EQUITABLE SHARE IN REVENUES FROM THE UTILIZATION OF RESOURCES IN THEIR ANCESTRAL LANDS FREE, PRIOR AND INFORMED CONSENT NATIVE TITLES OR FUSAKA INGED POLITICAL PARTICIPATION IN THE BANGSAMORO GOVERNMENT INCLUDING RESERVED SEATS FOR THE NON-MORO INDEGINOUS PEOPLES IN PARLIAMENT BASIC RIGHTS FREEDOM OF CHOICE AS TO THEIR IDENTITY THE BANGSAMORO GOVERNMENT SHALL CREATE A MINISTRY FOR INDIGENOUS PEOPLES AND SHALL HAVE THE PRIMARY RESPONSIBILITY TO FORMULATE AND IMPLEMENT POLICIES, PLANS, AND PROGRAMS TO PROMOTE THE WELL-BEING OF ALL INDIGENOUS PEOPLE IN THE BANGSAMORO REGION
- 20. BANGSAMORO JUSTICE SYSTEM SHARI’AH COURTS TRADITIONAL/TRIBAL COURTS REGULAR COURTS ALTERNATIVEDISPUTE RESOLUTION SHALL APPLY EXCLUSIVELY TO CASES INVOLVING MUSLIMS. MAY APPLY TO NON-MUSLIMS IF THEY VOLUNTARILY SUBMIT TO THE JURISDICTION OF THE SHARI’AH COURT. SHALL BE APPLICABLE TO DISUPUTES OF INDIGENOUS PEOPLES WINTHIN THE BANGSAMORO AUTONOMOUS REGION REGULAR COURTS IN THE BANGSAMORO AUTONOMOUS REGION SHALL CONTINUE TO EXERCISE THEIR FANCTIONS, AS PROVIDED BY NATIONAL LAW THE BANGSAMORO GOVERNMENT SHALL ADOPT THE PRINCIPLES OF CONCILIATION AND MEDIATION IN SETTLING DISPUTE S H A R I ’ A H C O U R T S SHARI’AH CIRCUIT COURTS SHARI’AH DISTRICT COURTS SHARI’AH HIGH COURT ü A MUSLIM ü A CITIZEN OF THE PHILIPPINE ü A REGULAR MEMBER OF THE PHILIPPINE BAR ü HAS COMPLETED AT LEAST (2) YEARS OF SHARI’AH OR ISLAMIC JURISPRUDENCE ü MUST HAVE BEEN ENGAGED IN THE PRACTICE OF LAW FOR FIVE (5) YEARS OR MORE ü AT LEAST THIRTY (30) YEARS OF AGE ü A MUSLIM ü A CITIZEN OF THE PHILIPPINE ü A REGULAR MEMBER OF THE PHILIPPINE BAR ü HAS COMPLETED AT LEAST (2) YEARS OF SHARI’AH OR ISLAMIC JURISPRUDENCE ü MUST HAVE BEEN ENGAGED IN THE PRACTICE OF LAW FOR TEN (10) YEARS OR MORE ü AT LEAST THIRTY FIVE (35) YEARS OF AGE ü A MUSLIM ü A CITIZEN OF THE PHILIPPINE ü A REGULAR MEMBER OF THE PHILIPPINE BAR ü HAS COMPLETED AT LEAST (2) YEARS OF SHARI’AH OR ISLAMIC JURISPRUDENCE ü MUST HAVE BEEN ENGAGED IN THE PRACTICE OF LAW FOR FIFTEEN (15) YEARS OR MORE ü AT LEAST FORTY(40) YEARS OF AGE QUALIFICATIONS OF A SHARI’AH CIRCUIT COURT JUDGE QUALIFICATIONS OF A SHARI’AH CIRCUIT COURT JUDGE QUALIFICATIONS OF A SHARI’AH CIRCUIT COURT JUDGE
- 21. NATIONAL DEFENSE ANDSECURITY, PUBLIC ORDER AND SAFETY, AND COAST GUARD SERVICES THE DEFENSE AND SECURITY OF THE BANGSAMORO AUTONOMOUS REGION SHALL BE THE RESPONSIBILITY OF THE NATIONAL GOVERNMENT THE PHILIPPINE NATIONAL POLICE SHALL CREATE A POLICE REGIONAL OFFICE IN THE BANGSAMORO AUTONOMOUS REGION REGIONAL DIRECTOR (SHALL BE APPOINTED UPON CONSULTATION WITH THE CHIEF MINISTER) THE NATIONAL POLICE COMMISION SHALL ESTABLISH THE NATIONAL POLICE COMMISSION BANGSAMORO REGIONAL OFFICE REGIONAL DIRECTOR (SHALL BE APPOINTED BY THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT THE COMBATANTS OF THE MNLF AND MILF CAN JOIN THE PHILIPPINE NATIONAL POLICE THE NATIONAL POLICE COMMISSION SHALL WAIVE THE REQUIREMENTS ON AGE, HEIGHT, AND EDUCATIONAL ATTAINMENT WAIVER SHALL BE AVAILED OF WITHIN A PERIOD OF FIVE (5) YEARS FROM THE RATIFICATION OF THE BANGSAMORO ORGANIC LAW REQUIRMENT OF EDUCATIONAL ATTAINMENT SHALL BE COMPLIED WITHIN FIFTEEN (15) YEARS FROM THEIR ENTRY THEIR RANK AND GRADE SHALL BE SUBJECT TO EXISTING LAWS, RULES AND REGULATIONS GOVERNING THE PHILIPPINE NATIONAL POLICE MORO ISLAMIC LIBERATION FRONT MORO NATIONAL LIBERATION FRONT THE FOLLOWING SHALL ALSO ESTABLISH REGIONAL OFFICES IN THE BANGSAMORO AUTONOMOUS REGION THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY THE BUREAU OF FIRE PROTECTION THE PHILIPPINE COAST GUARD
- 22. THE BANGSAMORO AUTONOMOUSREGION WILL HAVE AN AUTOMATIC ALLOCATION OF THE ANNUAL BLOCK GRANT, EQUIVALENT TO FIVE PERCENT ( 5% ) OF THE NET NATIONAL INTERNAL REVENUE OF THE BUREAU OF INTERNAL REVENUE AND THE BUREAU OF CUSTOMS THE BANGSAMORO’S SHARE IN GOVERNMENT REVENUE TAXES, FEES, CHARGES AND TAXES IMPOSED ON NATURAL RESOURCES IS THE NATIONAL GOVERNMENT WILL ALLOCATE THE BANGSAMORO P5 BILLION ANNUALLY FOR A PERIOD OF TEN YEARS, WHICH WILL BE USED FOR THE REHABILITATION OF THE CONFLICT-AFFECTED AREAS 5% F I S C A L AU TO N O M Y A N D S P E C I A L D E V E LO P M E N T F U N D 75%
- 23. The Annual BlockGrant • The NIR tax collec.ons of the BIR is the sum of all internal revenue tax collec.ons of the BIR during the base year less the internal revenue allotment of LGUs, the amount released during the same year for tax refunds, payments for informers’ reward, and any por.on of internal revenue tax collec.ons which are presently set aside, or hereaCer earmarked under special laws for payment to third persons. • The formula of the Block Grant shall be reviewed by the Integovernment Fiscal Policy Board 5 years aCer the effec.vity of the BOL, and every 5 years aCer. The review shall consider the fiscal needs of the BG and the actual revenues it is able to generate Annual Block Grant Net na0onal internal revenue (NIR) collec0on of the BIR 5% Net Collec0on from Bureau of Customs
- 24. Bangsamoro Transition Authority u The Bangsamoro Transition Authority shall be the INTERIM GOVERNMENT in the Bangsamoro Autonomous Region during the transition period beginning immediately after ratification in a plebiscite of the OLBARMM. u The MILF shall LEAD the Bangsamoro Transition Authority, without prejudice to the participation of the MNLF in its membership. u The Bangsamoro Transition Authority shall be composed of EIGHTY (80) members, who shall be appointed by the President. It automatically INCLUDES the incumbent elected officials of the ARMM Regional Government who will serve until June 30, 2019. There must also be representatives for non-Moro indigenous communities, youth, women, settler communities, traditional leaders, and other sectors. u LEGISLATIVE AND EXECUTIVE POWERS IN THE BAR DURING TRANSITION SHALL BE VESTED IN THE BTA they shall enact the Bangsamoro Administrative Code, Bangsamoro Revenue Code, Bangsamoro Electoral Code, Bangsamoro Local Government Code, and Bangsamoro Education Code
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- 27. COMELEC SPECIAL REGISTRATION SEPTEMBER11-13, 2019 u Additional date on September 23, 2018 for MILF and MNLF Forces and Communities
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- 29. What makes the Bangsamoro different from the current ARMM? ü Greater fiscal autonomy ü Parliamentary form of government ü Convergence of 1996 FPA and 2014 CAB ü Inclusive governance assured in all levels ü Bangsamoro waters and Zones of Joint CooperaEon in the Sulu Sea and Moro Gulf ü Alongside, the passage of the BOL allows for the commensurate implementaEon of the normalizaEon process
- 30. Will the BBL end all the conflicts in the Bangsamoro? • The BBL provides for an autonomy arrangement that allows for self-governance, and provides space for the Bangsamoro to chart their poli;cal future and pursue their economic, social and cultural development. • Once people see the sincerity of the par;es to the peace agreements to comply with their obliga;ons, greater trust in government processes will encourage social cohesion and unity. • It will also pave the way for the decommissioning of the Bangsamoro Islamic Armed Forces (BIAF) in the thousands, and of weapons, in the thousands as well.
- 31. WHAT IS IN IT FOR US? Passing and Effec-ve Implementa-on of the Bangsamoro Organic Law will: ü End the long-standing suffering of the Bangsamoro people and address the call for self-determina7on ü Foster unity and harmony ü Bring in economic development ü Shield against rising extremism and radicalism of our youth and people.
- 32. “Peace and blessingsof the Almighty be upon us all”