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Republic of the Philippines

Bangsamoro Autonomous Region in Muslim Mindanao


BANGSAMORO TRANSITION AUTHORITY
BARMM Compound, Gov. Gutierrez Cotabato City 9600

OFFICE OF MP ATTY. MAISARA C. DANDAMUN-LATIPH

POSITION PAPER
ON SENATE BILL No. 2214

by

MP Atty. Maisara C. Dandamun-Latiph


Member, Bangsamoro Transition Authority
Former Member, Expanded Bangsamoro Transition
Commission (2017-2019)

1
Republic of the Philippines
Bangsamoro Autonomous Region in Muslim Mindanao
BANGSAMORO TRANSITION AUTHORITY
BARMM Compound, Gov. Gutierrez Cotabato City 9600

OFFICE OF MP ATTY. MAISARA C. DANDAMUN-LATIPH

Introduction

The enactment of Republic Act No. 11054 otherwise known as the Organic Law
For The Bangsamoro Autonomous Region in Muslim Mindanao was a product of peace
process – putting an end to armed hostilities and to pursue peace talks towards finding
a peaceful resolution to the existing problem in Mindanao.

BTC Commissioners

Instrumental in enacting R.A. No. 11054 was the formation of the Bangsamoro
Transition Commission in accordance with the political track of the 2014
Comprehensive Agreement on the Bangsamoro (CAB).

The BTA is a government body tasked to aid in drafting the Bangsamoro Basic
Law lobby for its passage and ratification in a plebiscite. As such, it is deemed an
integral part of the body considered as repository of the legislative intent behind the
creation of the Bangsamoro Transition Authority.

In enacting the priority legislations – the primary function and priority of the
BTA - which will be considered as the bedrock of the regular Bangsamoro Government
and the repository of the Bangsamoro aspirations, BTA Members who are former BTC
Commissioners played a major role in ensuring that such legislation reflects the true
intentions behind the letters of the Bangsamoro Organic Law based on the deliberation
in the Congress. They served as a vanguard of the BOL in harmonizing different
interests and interpretation which are not in accordance with the spirit of the law.

Thus, the appointment of the former BTC Commissioners as BTA Members on


February 22, 2019, served a vital role in preserving the gains of the peace process.
Former BTC Commissioners appointed as members of the BTA by the President who is a
party to the peace process and, as agreed upon by the MILF in 2019, represented respect
and confidence to their capacity, role, and contribution.

Proposed Amendment to SB No. 2214

Thus, in the interest of the peace process, it is proposed that Section 2 of


Senate Bill No. 2214 be deleted in keeping with the provisions of Section 2, Article
16, Bangsamoro Organic Law which speaks of the Bangsamoro Transition Authority’s
intent and spirit. As one of the members of the Committee which drafted Section 2,
Article 16 of the BOL during our term as BTC, it is my belief that the said representation
reflects our more than 700 public consultations and hearings beginning with the first
BTC in 2015 all the way to the expanded BTC in 2017.

As a former BTC Commissioner during the expanded BTC with the participation
of the MNLF and other sectors of the Bangsamoro like women, youth, settler, non-Moro
Indigenous People, Ulama, and academe, we have listened, read and witnessed how
various sectors of the Bangsamoro demanded sectoral representation in the BTA as well
as in the regular Bangsamoro Parliament. Looking at the composition of the regular
Bangsamoro Parliament would reflect this aspiration in paragraph (c), Article 7,
Bangsamoro Organic Law (R.A. 11054):

(c) Reserved Seats and Sectoral Representatives.- Reserved seats and sectoral
representatives shall constitute at least ten percent (10%) of the members of the
Parliament, which shall include two(2) reserved sears each for non-Moro
indigenous peoples and settler communities. Women, youth, traditional leaders
and Ulama shall have one sectoral seat each: Provided that the reserved seats and
sectoral representatives shall in no case be less than eight (8) seats.

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Republic of the Philippines
Bangsamoro Autonomous Region in Muslim Mindanao
BANGSAMORO TRANSITION AUTHORITY
BARMM Compound, Gov. Gutierrez Cotabato City 9600

OFFICE OF MP ATTY. MAISARA C. DANDAMUN-LATIPH

Giving life to these provisions of the BOL would be better served if Section 2 of
Senate Bill 2214 will be deleted and Section 2, Article 16 of the BOL be respected as this
will strengthen and sustain the peace process by according inclusivity and allowing the
participation of these sectors.

In the current BTA, we have made so much progress on sectoral representation


beginning with the creation of Bangsamoro Human Rights Commission, Bangsamoro
Women Commission, Bangsamoro Youth Commission, Bangsamoro Sports
Commission, and Bangsamoro Office for Settlers in the Bangsamoro Administrative
Code as well as the operationalization of Ministry of Indigenous People’s Affairs (MIPA).

We women members of the BTA are actively engaging our constituency through
exercise of our representation functions via regular public consultations. We have so
many legislations already passed and pending on Women, Youth, Orphan, Education
and Children. Our participation in the Bangsamoro Parliament ensures that the
marginalized and vulnerable are heard and acted upon by the Bangsamoro Government.
Without these voices asserting for the vulnerable sectors, there will be no inclusivity and
adequate representation in our laws.

Time and again in several studies and research has proven that to sustain peace,
increasing “women’s participation and representation in leadership and decision-
making positions leads to higher levels of peacefulness and better development
outcomes for society. Gender equality is a stronger predictor of a state’s peacefulness
than its level of democracy, religion, or GDP. Where women are more empowered, the
state is less likely to experience civil conflict or go to war with its neighbors.” 1

For these reasons, the undersigned respectfully submits that Section 2, of Senate
Bill 2214 be deleted in keeping with the intent and spirit of the BOL on sectoral
representations expressed in Section 2, Article 16, BOL on the composition of the BTA.

I thank all the Senators for supporting us women and sectoral representatives on
these aspirations and advocacy. Sustaining peace in the Bangsamoro means involving all
stakeholders including the adoption of structures, attitudes and behaviors that underpin
peace. As a former member of BTC GPH nominee and now GPH nominee in the BTA for
women sector, I congratulate the Senate in its endeavor to extend the term of the BTA
for another three years to allow the institution to finish its primary legislative mandate
under Section 4, Article 16 of the BOL that of passage of three (3) more priority codes
namely: Bangsamoro Electoral Code, Bangsamoro Local Government Code, and
Bangsamoro Revenue Code and one priority legislation on Indigenous People.

Extending the term would contribute positively towards the success of the
Bangsamoro Peace Process particularly the political track on the establishment of
structures, offices and institutions that will effectively serve the Bangsamoro people and
residents of the BARMM. Thus, strengthening and fortifying peace dividends already
felt and being experienced by the Bangsamoro People with the advent of BARMM.

Therefore, I submit this position paper to contribute to peace and explain my


position on HB 2214 and support the bill extending the Bangsamoro Transition
Authority.

ATTY. MAISARA C. DANDAMUN-LATIPH


BTA Member, Former BTC Commissioner

1
Sustaining Peace: What Does it Mean in Practice? International Peace Institute (2017)

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