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Friday, March 29, 2024

‘Social justice provisions in BBL need to be refined’

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THE social justice and human development provisions of the Bangsamoro Basic Law (BBL) need to be refined and fine-tuned, former Chief Justice Hilario Davide, one of the leaders of the Peace Council created by President Benigno Aquino III, said Wednesday.

In a report submitted to the Senate, Davide said the law is replete with references to social justice.

For example, he said, the article on the economy and patrimony provides that the “Bangsamoro government’s economic policies and programs shall be based on social justice.”

Another article on general principles and polices asserts that social justice shall be promoted in all phases of development and facets of life within the Bangsamoro. The concepts of human security and human development encompassing human rights and freedoms are also well covered by the BBL.

Still, Davide said, the Peace Council recommended an additional article in the law defining social justice in accordance with the Constitution.

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Davide who heads the Cluster on Constitutionality, Form and Powers of the Government, was among the private citizens tapped by President Aquino to review and study the controversial measure.

The BBL was drafted by peace panel chief negotiator Miriam Coronel-Ferrer and presidential adviser on peace process Teresita Deles representing the government, and Moro Islamic Liberation Front (MILF) chief negotiator Mohaquer Iqbal.

Despite provisions alluding to social justice, the Peace Council underscored the need to make the law more readable.

“The Cluster, therefore, saw only the need for some refinement and fine tuning of certain provisions,” read the report of the Peace Council which was presented by Davide on Wednesday to Senate President Franklin Drilon and Senator Ferdinand Marcos Jr., chairman of the Senate local government committee.

Davide said the Cluster recommends the inclusion of a definition of terms, such as “Non-Moro Indigenous Peoples” and “Fusaka Inged.”

Due to special concerns raised regarding these indigenous people, the Peace Council invited tribal leaders to join cluster deliberations on their rights.

Marcos, whose committee is deliberating on the BBL, assured indigenous people their rights would be protected under the Bangsamo.

“I believe an all-inclusive peace process will be incomplete if the indigenous people are left out,” Marcos said.

He said he had met earlier with various indigenous groups to listen to their complaints and grievances.

He added that his committee would also take into account the Peace Council’s recommendations before coming out with a final draft of the law.

In its report, the Peace Council said the BBL has provided a venue for genuine representation in the Bangsamoro parliament by reserving seats for sectors on the margins who do not have the opportunity to be heard.

To improve education, it proposed the adoption of some form of recognition for international standards of global competitiveness within relevant provisions of the BBL, and inclusion of peace education for the purpose of promoting a culture of peace and diversity in the Bangsamoro territories and among all peoples in the region.

It cited the need to insert a separate section on incorporating Bangsamoro history, culture, and identity as part of the effort towards integration in the curriculum both within the Bangsamoro and throughout the country to eliminate prejudice towards the Bangsamoro people.

Furthermore, it suggested the need to view rehabilitation provisions holistically to encompass the victims of conflict in Mindanao. This included non-MILF combatants and their families as well as the poor.

“Rehabilitation should also be viewed not only in terms of compensation but as a means to heal the non-physical wounds of conflict,” Davide said.

Davide also recommended a “refinement” of some provisions of the BBL, saying they violated the Constitution.

The BBL is a product of a peace agreement forged after decades of peace negotiations, borne out of the country’s exhaustion with war, the Peace Council said.

Understanding this nature of the BBL will place greater significance on the legislative process and put it in the proper perspective, it said.

“Legislation must be seen, therefore, as a continuation and finalization of the peace agreement. The grant of regional autonomy is an alternative to independence of secession. But more than that, the establishment of the Bangsamoro Autonomous Region through the BBL must be seen as an alternative to war. Legislation, therefore, in this context, should be seen as a peace-building exercise,” the Peace Council said.

Davide assured the public that the BBL would not make the Bangsamoro a separate state. Provisions on people, territory, and self determination do not imply the creation of a separate state, but are consistent with the constitutionally mandated creation of autonomous regions, he said.

“Though the Bangsamoro will have a territory, people and its own government, much like any other local government unit in the Philippines, it remains part of the republic as the BBL clearly declares,” Davide said.

“Nonetheless, the Cluster was of the view that, once territorial boundaries are established in the plebiscite for the ratification of the BBL, the core Bangsamoro territories should not be allowed to increase indefinitely by the periodic vote of 10 percent of registered voters in the outer territories,” he said.

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