Decentralization/Federalism: Comprehensive agreement on the Bangsamoro
Implementations
Decentralization/Federalism – 2014
The Government of the Philippines (GPH)-MILF Decision Points, Framework Agreement on the Bangsamoro, Annex on Transitional Arrangements and Modalities, Annex on Revenue Generation and Wealth Sharing, Annex on Power Sharing agreements, and the final Comprehensive Agreement on the Bangsamoro stipulate decentralization processes and delineation of power between the central and Bangsamoro governments on issues related to political and fiscal jurisdiction.
President Aquino issued an executive order on December 17, 2012 creating the Transition Commission, which was charged with drafting the proposed Bangsamoro Basic Law (BBL). The Commission is composed of 15 members, 8 of which are chosen by the MILF and 7 of which are chosen by the government.[1]
On April 15, 2014, the Bangsamoro Transition Commission submitted the draft Bangsamoro Basic Law.[2] The BBL called for the creation of the Bangsamoro Autonomous Region and provided for the new entity’s political structure and delineated powers to the Philippine and Bangsamoro government in the form of reserved, concurrent, and exclusive powers. It delineates the transfer of authority of Bangsamoro historical and cultural sites from the central government to the Bangsamoro government[3] and for fiscal autonomy of the Bangsamoro Autonomous Region from the central government.[4] The BBL outlines management of all natural resources as a power exclusive to the Bangsamoro government. [5]
On August 20, the MILF submitted a final draft of the BBL to President Aquino,[6] which he submitted to Congress on September 10.[7] [8] Though Congress immediately began reviewing the BBL, the bill failed to pass in 2014.
[1] “Philippine president forms Transition Commission to draft Bangsamoro basic law,” Xinhua General News Service, December 17, 2012.
[2] “Philippines to fast-track review of draft Bangsamoro Basic Law,” Xinhua General News Service, April 15, 2014.
[3] Bangsamoro Basic Law: House Bill No. 4994. Article IX, Section 21.
[4] Bangsamoro Basic Law: House Bill No. 4994. Article XII.
[5] Bangsamoro Basic Law: House Bill No. 4994. Article V, Section 3.
[6] “Final Bangsamoro Basic Law submitted to Philippine President,” Xinhua General News Service, August 21, 2014.
[7] “Philippine president submits law on Muslim south to Congress,” Anadolu Agency, September 10, 2014.
[8] “Philippine report gives details of draft autonomy bill submitted by president,” BBC Monitoring Asia Pacific, September 11, 2014.
Decentralization/Federalism – 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.
Decentralization/Federalism – 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.
Decentralization/Federalism – 2017
In 2017, the BBL was not passed by Congress.
Decentralization/Federalism – 2018
The BBL was signed into law by President Duterte on July 26, 2018.[1] The law created the Bangsamoro Autonomous Region, delineated the powers of the Bangsamoro Government[2] and created the Intergovernmental Relations Mechanism to manage the relationship between the central and regional governments.[3]
[1] “President signs Bangsamoro Organic Law,” Economist Intelligence Unit (EIU) Country Reports, July 30, 2018.
[2] “Republic Act No. 11054,” Article V, Section 2.
[3] “Republic Act No. 11054,” Article VI, Section 2.
Decentralization/Federalism – 2019
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The 80-member Bangsamoro Transition Authority (BTA) was sworn in on February 22, 2019. The BTA is responsible for the governance of the newly created Bangsamoro Autonomous Region until elections are held in 2022.[2] In December, the BTA noted that work had begun on seven bills that would serve as a legal basis for the new government.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “From ARMM to BARMM: Transition government to be the voice of Bangsamoro aspirations,” Philippine Information Agency, February 24, 2019.
[3] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
Decentralization/Federalism – 2020
A plebiscite ratified the Bangsamoro Basic Law on January 21, 2019. [1] The 80-member Bangsamoro Transition Authority (BTA) was sworn in on February 22, 2019. The BTA is responsible for the governance of the newly created Bangsamoro Autonomous Region until elections are held in 2022.[2] In December, the BTA noted that work had begun on seven bills that would serve as a legal basis for the new government.[3]
[1] “Fifth public report,” Third Party Monitoring Team, March 11, 2019.
[2] “From ARMM to BARMM: Transition government to be the voice of Bangsamoro aspirations,” Philippine Information Agency, February 24, 2019.
[3] “Bagsamoro government fast tracks 7 priority bills,” Philippine Information Agency, December 4, 2019.
Decentralization/Federalism – 2021
With the passage of the Bangsamoro Basic Law in January 2019 and the establishment of the Bangsamoro Transition Authority (BTA) sworn in February 2019, the BARMM is functioning as an autonomous region. The BTA chief and MILF leader Murad Ebrahim asked for more time to implement the BBL for delays related to the COVID-19 pandemic. The BTA had priority legislation, including the administrative, revenue, electoral, local government, education, civil service, and Indigenous Peoples Codes. The BTA passed only the administrative, civil service, and education codes.[1] Therefore, the initially scheduled election was postponed until 2025 after the Philippine president signed Republic Act No. 11593 on October 29, 2021.[2]
[1] “BARMM starts consultations on draft local governance code,” Philippine News Agency, February 9, 2022. https://www.pna.gov.ph/articles/1167423
[2] “Duterte resets BARMM elections to 2025,” Philippine News Agency, October 29, 2021. https://www.pna.gov.ph/articles/1158190