Chairman Mohagher Iqbal of the Bangsamoro Transition Commission (BTC) appealed on Wednesday (January 21) to the members of the House of Representatives to exercise statesmanship on provisions of the draft Bangsamoro Basic Law (BBL) with issue of constitutionality.
Attending the 36th and last public hearing of the Adhoc Committee on the BBL, Iqbal said that they are “on the same plain” as with the rest of the 75-member body in ensuring the constitutionality of the proposed basic law.
In drawing lessons from the failed MOA-AD in 2008, Iqbal said that there is no use in writing a proposed law that is clearly unconstitutional. “We have the experience of the MOA-AD wherein so much problems erupted out of that,” he said.
In particular, Iqbal replied to a question raised by Lanao del Norte Gov. Khalid Dimaporo as to whether or not the MILF would accept amendments to the BBL specifically on constitutional bodies.
Quoting from the Dec. 29, 2014 letter of MILF Chairman AlhajMuradEbrahim to Adhoc Committee Chairman Cong. Rufus Rodriguez, Iqbal said that part of the official position of the MILF is to welcome minor changes or changes that clearly improve or enhance the BBL.
Part of that letter which Iqbal read says that they “trust that Congress will pass the mutually agreed Bangsamoro Basic Law draft with no changes and without diminishing, diluting or watering down its provisions except probably for minor changes or changes that clearly improve it or enhance it.”
Iqbal, also the MILF Peace Panel Chairman, narrated how the peace panels and later on the BTC and the Office of the President exerted all legal diligence to ensure that the provisions of the draft BBL is within the confines of the Philippine Constitution.
Iqbal also spoke on what he called the “very controversial issue of contiguity” especially as it relates to the City of Zamboanga.
He said there is actually no issue of contiguity if one considers the archipelagic nature of the Philippines.
He stressed that the island-provinces of Basilan, Sulu and Tawi-Tawi are in fact not contiguous and if the “issue of contiguity is used, the ARMM could not have been formed.”
He said that Zamboanga City and the last (sic) of the island of Basilan is less than 30 kilometers and the municipal waters (15 kilometers from shoreline) of the city and Bangsamoro waters (22.224 kilometers from the low water-mark of the coast) overlap
“This is a particular issue that the statesmanship of the august body would come into play because you cannot say outright that they are not contiguous because it is overlapping and the definition of territory in the Framework Agreement includes maritime, which is water,” Iqbal stated.
He emphasized that the real issue is right to self-determination, of the “right of the governed to be asked.”
“Let the people of Zamboanga be asked in the plebiscite,” he said before the last public hearing that was attended by local government executives, including Zamboanga City Mayor Ma. Isabel Climaco-Salazar, the five ARMM provincial governors, some governors in Mindanao, and five members of the 1986 Constitutional Commission(ConCom) members.
Christian Monsod, one of the 14 surviving members of the 1986 ConCom that recently issued a favorable position on the constitutionality of the draft BBL, rejoined that any “interpretation of the Bangsamoro must give way to the closing of the gap between law and justice.”
Monsod was joined by fellow ConCom members WilfridoVilalcorta, Jose Luis Martin Gazcon, Florangel Rosario Braid, and Edmundo Garcia.
Cong. Rodriguez announced that the AdHoc committee targets February 9 for the voting on the final committee report.
http://www.luwaran.com/index.php/welcome/item/1466-iqbal-calls-for-statesmanship-of-congress-on-issues-of-constitutionality-of-the-draft-bbl
In drawing lessons from the failed MOA-AD in 2008, Iqbal said that there is no use in writing a proposed law that is clearly unconstitutional. “We have the experience of the MOA-AD wherein so much problems erupted out of that,” he said.
In particular, Iqbal replied to a question raised by Lanao del Norte Gov. Khalid Dimaporo as to whether or not the MILF would accept amendments to the BBL specifically on constitutional bodies.
Quoting from the Dec. 29, 2014 letter of MILF Chairman AlhajMuradEbrahim to Adhoc Committee Chairman Cong. Rufus Rodriguez, Iqbal said that part of the official position of the MILF is to welcome minor changes or changes that clearly improve or enhance the BBL.
Part of that letter which Iqbal read says that they “trust that Congress will pass the mutually agreed Bangsamoro Basic Law draft with no changes and without diminishing, diluting or watering down its provisions except probably for minor changes or changes that clearly improve it or enhance it.”
Iqbal, also the MILF Peace Panel Chairman, narrated how the peace panels and later on the BTC and the Office of the President exerted all legal diligence to ensure that the provisions of the draft BBL is within the confines of the Philippine Constitution.
Iqbal also spoke on what he called the “very controversial issue of contiguity” especially as it relates to the City of Zamboanga.
He said there is actually no issue of contiguity if one considers the archipelagic nature of the Philippines.
He stressed that the island-provinces of Basilan, Sulu and Tawi-Tawi are in fact not contiguous and if the “issue of contiguity is used, the ARMM could not have been formed.”
He said that Zamboanga City and the last (sic) of the island of Basilan is less than 30 kilometers and the municipal waters (15 kilometers from shoreline) of the city and Bangsamoro waters (22.224 kilometers from the low water-mark of the coast) overlap
“This is a particular issue that the statesmanship of the august body would come into play because you cannot say outright that they are not contiguous because it is overlapping and the definition of territory in the Framework Agreement includes maritime, which is water,” Iqbal stated.
He emphasized that the real issue is right to self-determination, of the “right of the governed to be asked.”
“Let the people of Zamboanga be asked in the plebiscite,” he said before the last public hearing that was attended by local government executives, including Zamboanga City Mayor Ma. Isabel Climaco-Salazar, the five ARMM provincial governors, some governors in Mindanao, and five members of the 1986 Constitutional Commission(ConCom) members.
Christian Monsod, one of the 14 surviving members of the 1986 ConCom that recently issued a favorable position on the constitutionality of the draft BBL, rejoined that any “interpretation of the Bangsamoro must give way to the closing of the gap between law and justice.”
Monsod was joined by fellow ConCom members WilfridoVilalcorta, Jose Luis Martin Gazcon, Florangel Rosario Braid, and Edmundo Garcia.
Cong. Rodriguez announced that the AdHoc committee targets February 9 for the voting on the final committee report.
http://www.luwaran.com/index.php/welcome/item/1466-iqbal-calls-for-statesmanship-of-congress-on-issues-of-constitutionality-of-the-draft-bbl
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