Civil Administration Reform: Comprehensive agreement on the Bangsamoro

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Civil Administration Reform: Comprehensive agreement on the Bangsamoro

Implementations

Civil Administration Reform – 2014

The Annex on Power Sharing, reaffirmed by the Comprehensive Agreement on the Bangsamoro, mandated Bangsamoro representation in national government offices and the creation of a civil service in the Bangsamoro Autonomous Region. The Bangsamoro Basic Law draft included language providing for Bangsamoro civil service law to “govern the conduct of civil servants, the qualification for non-elective positions, adopt the merit and fitness system, and protect civil service eligible in various government positions, including government-owned and/or controlled corporations with original charters, in the Bangsamoro. The Bangsamoro Government shall have primary disciplinary authority over its own officials and employees.” [1]

The BBL also provided for Bangsamoro participation in the central government: “It shall be the policy of the Central Government to appoint competent and qualified inhabitants of the Bangsamoro in the following offices in the Central Government: at least one (1) Cabinet Secretary; at least one (1) in each of the other departments, offices and bureaus, holding executive, primarily confidential, highly technical, policy-determining positions; and one (1) Commissioner in each of the constitutional bodies.” [2]

The Bangsamoro Basic Law draft was first presented to President Aquino in April 2014, [3] to be submitted and approved by Congress. On August 20, the MILF submitted a final draft of the BBL to President Aquino,[4] which he submitted to Congress on September 10.[5] [6] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.

[1] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 2.

[2] Bangsamoro Basic Law: House Bill No. 4994. Article VI, Section 9.

[3] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.

[4] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.

[5] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.

[6] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.

Civil Administration Reform – 2015

Discussions on the Bangsamoro Basic Law initially stalled after clashes with the MILF and government police forces on January 25.[1] In 2015, Congress deliberated changes to the Bangsamoro Basic Law (BBL) but failed to pass the law in 2015.

[1] “Philippines suspends autonomy discussions after rebels kill policemen,” BBC Monitoring Asia Pacific, January 26, 2015.

Civil Administration Reform – 2016

Congress adjourned in early February, 2016 without approving the Bangsamoro Basic Law (BBL).[1] The BBL was not passed in 2016.

[1] “Philippine leader to talk shelved Bangsamoro law at ASEAN,” Anadolu Agency, February 15, 2016.

Civil Administration Reform – 2017

In 2017, the BBL was not passed by Congress.

Civil Administration Reform – 2018

The BBL was signed into law by President Duterte on July 26, 2018.[1]  The law included provisions requiring the Bangsamoro government’s representation in the National Government “as far as practicable.”[2]  The law also required the Bangsamoro government to enact a civil service law to “govern the conduct of civil servants, the qualifications for nonelective positions, adopt the merit and fitness system, and protect civil service eligible in various government positions, including government-owned or controlled corporations.”[3]

[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.

[2] “Republic Act No. 11054,” Article VI, Section 11.

[3] “Republic Act No. 11054,” Article V, Section 39.

Civil Administration Reform – 2019

A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on a Civil Service Code, but as of December 18, 2019, this had not been passed.[2]

[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.

[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.

Civil Administration Reform – 2020

A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] In December, the Bangsamoro Transition Authority noted that work had begun on a Civil Service Code, but as of February 24, 2020, this had not been passed.[2]

[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.

[2] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.

Civil Administration Reform – 2021

On 24 February 2021, the BARMM (Bangsamoro Autonomous Region in Muslim Mindanao) parliament approved the Bangsamoro Civil Service Code. The Code became effective within 15 days after the publication.[1]

[1] “BARMM parliament approves civil service code,” Philippine News Agency. 25 February 2021. https://www.pna.gov.ph/articles/1131837