But not all commissioners sign the proposed law which will be submitted to Malacañang for review
"Yes, all
signed except those who were absent," BTC chairman Mohagher Iqbal told
Rappler in a text message at 9:45 pm.
As of posting
time, Iqbal had yet to respond to Rappler's question on who were not present
during the signing ceremony.
The signing comes
a week after the body submitted a partial draft to President Benigno Aquino III
for evaluation and review. The initial draft had yet to contain key details on
the police structure for the political entity, automatic block grants, the
special development fund, and Bangsamoro waters. (READ: Incomplete Bangsamoro draft law
sent to Aquino)
The crafting of
the Bangsamoro Basic Law marks the second phase of the peace process in Mindanao – the crucial implementation phase. The first
phase culminated with the signing of the Comprehensive
Agreement on the Bangsamoro on March 27.
With the draft of
the Bangsamoro Basic Law now signed, the BTC is expected to transmit in the
coming days their version of the basic law to President Benigno Aquino III for
review and evaluation before it is sent to Congress for deliberations.
But the process
was not as rosy as it seemed.
Who
didn't sign?
Rappler earlier
reported that some BTC members nominated by the government were unhappy with
how protocols determined by the commission itself were being set aside.
One of the issues
had to do with transparency on how the BTC decided on the contents of the basic
law, a source privy to BTC matters said.
Under BTC's
internal rules, each committee (basic rights, culture, social justice, and
indigenous peoples' matters; transitory provisions, amendments, revisions and
miscellaneous matters; political autonomy; fiscal autonomy; justice and
security matters) would submit a report to plenary. The body would then decide
through votes on whether to accept or deny the proposals.
In an interview
with Mindanews, BTC chairman Mohagher Iqbal
denied that the basic law was being railroaded. Iqbal also served as
the chief negotiator for the MILF during the peace talks.
When the BTC
submitted the partial draft of the Bangsamoro Basic Law to Malacañang, a
Rappler source said the document had yet to be signed by all members of the
commission.
In a post on the
official website of the MILF, Luwaran.com, the MILF
said all 15 commissioners of the MILF-dominated body are expected to sign the
draft law "without reservations." But it also hinted at an internal
conflict within the commission.
The press release
said:
"If by
chance, any commissioner decides not to affix his/her signature to the proposed
BBL [Bangsamoro basic law], such is within the purview of his or her right. No
one can question that. But one thing sure is that he or she has to explain why
he or she did not sign. History will judge his or her decision. But in the
immediate, the negative decision will surely make the spoilers happy; they will
feast on this even if the decision was based on reasons personally
well-thought-out."
It added:
"Better this early, every BTC commissioner must examine his or her
conscience whether what side to vote: positively or negatively – and it is the
right thing."
Citing unnamed
sources, Mindanews earlier reported that some commissioners were already
planning not to sign the draft law and were preparing a minority report.
A day before the
scheduled signing, speculation circulated in social media that the Office of
the Presidential Adviser on the Peace Process (OPAPP) asked 3 commissioners not
to sign the proposed law.
Government chief
negotiator Miriam Coronel-Ferrer denied the rumors.
In a statement issued
Saturday night, April 19, Ferrer said OPAPP "gave no instruction to any
BTC commissioner not to sign the draft."
She admitted
holding meetings with government representatives to the BTC but only for
updates and consultations, and shot down speculations about holding any
"secret meetings."
The BTC was
created through Executive Order 120.
The MILF nominated 8 of the commission's members, including the chairman, while
7 members were nominated by the government.
Copy of
draft Bangsamoro law won't be released yet
After being
constituted formally as a body in April 2013, the BTC embarked on public
consultations across Mindanao . When they sat
down for marathon sessions to craft the Basic Law, however, the sessions were
largely held behind closed doors.
And the final
product of the deliberations – the Bangsamoro Basic Law – won't be released
until the passage of the law in Congress is assured.
"As a matter
of fact, one lady commissioner, a nominee of the government, requested that
every commissioner will be given a copy for posterity's sake," the MILF
said in Luwaran.com.
"The BTC
agreed but the copy will not be given to the commissioners until at a later
date when full disclosure of the BBL will not compromise its smooth deliberation
in Congress. Besides, an engagement with the government in this regard is
required," it added.
The proposed law
would have to go through two rounds of deliberations and approval – first, in
Congress; and second, during the plebisicite in Bangsamoro core areas.
This early,
lawmakers, including Sen Miriam Defensor Santiago,
have raised concerns about the constitutionality of the measure.
Under EO 120,
part of the mandate of the BTC is to recommend proposed amendments to the 1987
Philippines Constitution "whenever necessary." But the government has
explained the final peace agreement makes no guarantees that the proposed
amendments will be included in the Basic Law.
Amending the
Constitution to accommodate the Bangsamoro Basic Law would cost more time for
the peace process, making the 2016 target deadline for the creation of the new
political entity harder to beat.
The peace
agreement between the government and the MILF aims to create a new region with
greater political and fiscal powers than the Autonomous Region in Muslim
Mindanao – which it is set to replace – as rebels decommission their troops and
firearms.
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