POWER RELATIONS IN MUSLIM

MINDANAO AUTONOMY:

PARLIAMENTARY SYSTEM AND THE

ROLE OF LGUS

Reconfiguring Power Relations and Structures in Muslim Mindanao

by

NAGUIB G. SINARIMBO

BSG

THE BANGSAMORO RSD

Underlying the CAB is the recognition of the justness and legitimacy of the cause of the

Bangsamoro people and their aspiration to chart

their political future through a democratic

process that will secure their identity and

posterity and allow for meaningful self-

governance

CAB Para. 3

THREE (3) IMPORTANT POWER AND

STRUCTURAL RELATIONS IN THE

PROPOSED BANGSAMORO

1. Bangsamoro Government Central Government

2. Bangsamoro Government Local Government Units

3. Among Bangsamoros; Revolutionary

Groups/Political Parties

I. BANGSAMORO GOVERNMENT -

CENTRAL GOVERNMENT

Key Principles/Provisions: Asymmetric relationship between the BG and CG

(Art VI Intergovernmental Relation, Sec 1

Parity of Esteem (Art VI Intergovernmental Relation, Sec 2)

Highest form of Fiscal Autonomy(Art XII, Fiscal Autonomy, sec 1, sec 2 Auditing, sec 17 Automatic Appro, Sec 18 Regular Release)

The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in

Muslim Mindanao ( ARMM ). FAB I, 1.

I. BANGSAMORO GOVERNMENT -

CENTRAL GOVERNMENT

Key Principles/Provisions: Power sharing and not mere devolution( Art V

Powers of Government, sec 1 Reserved Powers, sec Concurrent Powers, sec 3 Exclusive Powers)

General supervision ( Art VI IGR, sec 3) Intergovernmental Relations Mechanisms ( Art VI

IGR, Sec 4)

Parliamentary System and the Institution of Wali (Art VIII Wali)

Entrenchment Clause and the BM Parliament-Congress Forum( Art XVII Amendments and Revision, Sec 1; Art VI IGR, sec 8)

II. BANGSAMORO GOVERNMENT-

LOCAL GOVERNMENT UNITS

Key Principles/Provisions:

LGUs as constituent units of the Bangsamoro(Art III Territory, sec 6; Art VI IGR, sec 7)

Authority to regulate the affairs of the constituent units( Art XII Fiscal Autonomy, sec 3 LG Finance)

Supervision over LGUs ( Art VI IGR, sec 7 BM and its Constituent Units)

The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro. The authority to

regulate on its own responsibility the affairs of the constituent units is

guaranteed within the limit of the Bangsamoro Basic Law. The privileges

already enjoyed by the local government units under existing laws shall not be

diminished unless otherwise altered, modified or reformed for good

governance pursuant to the provision of the Bangsamoro local government

code FAB I.3

II. BANGSAMORO GOVERNMENT-

LOCAL GOVERNMENT UNITS

Evolving a relationship on IRA and beyond

Council of Leaders and other fora of IGR( Art VI IGR, sec 5)

Parliamentary Districts and representation(Art VII Bangsamoro Govt., sec 4 composition of Parliament, Sec 5 classification a nd allocation of seats)

Development alignment and complementation

Sharing in Taxes and Resources ( Art XII Fiscal Autonomy, secs 12 and 33)

Public Order and Community Policing ( Art XI Public Order and Safety, sec 2 The BM Police)

III. AMONG BANGSAMOROS (

REVOLUTIONARY GROUPS AND

POLITICAL PARTIES)

Key Principles/Provisions: An electoral System suitable to a parliamentary system

of government ( Art IV Gen Principles, sec 3 Electoral system)

Representation and participation in the Bangsamoro Parliament (district, party reps, sectoral reps) ( Art VII BM Govt, Secs 4 and 5)

Representation in the BTA( Art XVI The BTA, sec 2)

The Basic law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance. FAB II-3

III. AMONG BANGSAMOROS (

REVOLUTIONARY GROUPS AND

POLITICAL PARTIES)

Key Principles/Provisions:

Competition, collaboration and coalition in the Parliament ( Art VII BM Govt, sec 34 on dissolution of

Parliament)

Regional Parties ( Art VII BM Govt, sec 7 Regional Parties)

BM representation in the Central Government ( Art VI IGR, sec 9 BM Participation in CG)

CONCLUDING MESSAGES

1. A meaningful expression of BM RSD in

the new relationship between the BG

and CG.

2. A democratic space, free from

unnecessary CG interference, in

evolving new power relations among

the BMs.

S H U K R A N

Power Sharing

Reserved powers are powers or matters over which authority and jurisdiction are retained by the Central Government.

Exclusive powers are powers or matters over which authority and jurisdiction pertain to the Bangsamoro Government.

Concurrent powers refer to shared powers between the Central Government and the Bangsamoro Government, as contained in the Annex on Power Sharing and as further provided for in the Bangsamoro Basic Law.

RESERVED

POWERS

EXCLUSIVE

POWERS

CONCURREN

T POWERS

Political & Electoral System

Ministerial (parliamentary) form of government

60 members of the parliament Party representatives District representatives Reserved seats & Sectoral

representatives

3-year term, no more than 2 terms Wali as titular head

BANGSAMORO

PARLIAMENT

50%

40%

10%

Participation and Representation

Non-Moro IPs,

women, settler

communities and

other sectors shall

have

representatives in

the BTA

Nominations may be

submitted to the

Office of the

President for this

purpose

Bureaucracy:

Gender and ethnic

balance as factor

in the hiring and

placement process

Basic Sectors, Groups, and Identities

Reserved Seats:

(2) Non-Moro IPs

(2) Settler

Communities

(1) Women

The Bangsamoro

Parliament shall

determine the

manner of election

of sectoral and

other representation

in the Parliament

There shall be at

least one (1)

competent woman

to be appointed to

the Bangsamoro

Cabinet

Parliament shall

create an

appropriate office

or ministry for IPs,

which shall be part

of the Bangsamoro

Cabinet

Non-Moro IPs,

women, settler

communities, and

other sectors shall

each have a

representative in the

Bangsamoro

Council of Leaders

Establishment of

consultation

mechanisms for

women, local

communities, and

marginalized

sectors