GENERAL PRINCIPLES AND POLICIESSeptember 2, 2021
Article 9: BASIC RIGHTS
Section 1. Basic Rights in the Bangsamoro. – In addition to the basic rights already enjoyed by the citizens residing in the Bangsamoro, the Bangsamoro Government shall guarantee the following enforceable rights:
a. Right to life and to inviolability of one’s person and dignity; b. Right to freedom and expression of religion and beliefs; c. Right to privacy; d. Right to freedom of speech; e. Right to express political opinion and pursue democratically political aspirations; f. Right to seek constitutional change by peaceful and legitimate means; g. Right of women to meaningful political participation and protection from all forms of violence; h. Right to freely choose one’s place of residence and the inviolability of the home; i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity; j. Right to establish cultural and religious associations; k. Right to freedom from religious, ethnic and sectarian harassment;36 l. Right to redress of grievances and due process of law; and m. Right to free public education in the elementary and high school levels; The Bangsamoro Parliament may pass a law for the promotion and protection of the above-enumerated rights.
Section 2. Human Rights. – All laws and policies, including customary laws, shall conform to international human rights and humanitarian standards. The rights under the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR) and other international human rights instruments shall be guaranteed by the Central Government and the Bangsamoro Government.
Section 3. Vested Property Rights. – Vested property rights shall be recognized and respected.
With respect to legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and Bangsamoro Government shall take effective measures for adequate reparation of the loss in such quality, quantity and status collectively beneficial to the Bangsamoro people, and to be determined mutually by both Governments.
Section 4. Transitional Justice. – There shall be created a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people, such as historical injustices, human rights violations, marginalization through unjust dispossession of their territorial and proprietary rights and customary land tenure.
Section 5. Indigenous People’s Rights. – The Bangsamoro Government recognizes the rights of the indigenous peoples, and shall adopt measures for the promotion and protection of their rights, the right to their native titles and/or fusaka inged, indigenous37 customs and traditions, justice systems and indigenous political structures, the right to an equitable share in revenues from the utilization of resources in their ancestral lands, the right to free and prior informed consent, right to political participation in the Bangsamoro Government including reserved seats for the indigenous peoples in the Bangsamoro Parliament, the right to basic services and the right to freedom of choice as to their identity.
Section 6. Customary Rights and Traditions. – The customs, beliefs and traditions of the people in the Bangsamoro are hereby recognized, protected and guaranteed. The Bangsamoro Parliament shall adopt measures to ensure mutual respect and protection of the distinct beliefs, customs and traditions of the Bangsamoro people and the other inhabitants in the Bangsamoro.
No person in the Bangsamoro shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage, or sex.
Section 7. Bangsamoro Human Rights Commission. – There is hereby created a Bangsamoro Human Rights Commission, which shall be independent and impartial, to ensure the promotion and protection of human rights in the Bangsamoro. In the performance of its mandate, the Commission may exercise, among others, investigatory powers, prosecutorial powers and powers to compel attendance of witnesses and the production of evidence.
The Commission shall submit a report on its activities and performance at least once a year to the Bangsamoro Parliament. Other state instrumentalities in the Bangsamoro shall assist the Commission and ensure its independence, impartiality, dignity and effectiveness. The Commission shall have a coordinative and complementary relationship with the national Commission on Human Rights in carrying out its mandate.
Details pertaining to the establishment of the Commission, such as membership of the Commission, terms of office, and competencies and responsibilities, shall be provided by the Bangsamoro Parliament consistent with the provisions of this Basic Law.38
Section 8. Delivery of Basic Services. – The Bangsamoro Government shall provide, maintain, and ensure the delivery of, among other things, basic and responsive health programs, quality education, appropriate services, livelihood opportunities, affordable and progressive housing projects, and water resource development to the Bangsamoro people and other inhabitants in the Bangsamoro. It shall maintain appropriate disaster-preparedness units for immediate and effective relief services to victims of natural and man-made calamities. It shall also ensure the rehabilitation of calamity areas and victims of calamities.
Section 9. Rights of Labor. -
The Bangsamoro Government shall guarantee all fundamental rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike, in accordance with law to be passed by Parliament. In this regard, the right of workers, whether publicly or privately employed, to form unions, associations or federations shall not be abridged.
The workers shall participate in policy and decision-making processes affecting their rights and benefits, as may be provided by law to be enacted by the Bangsamoro Parliament. The right of workers to security of tenure, humane conditions of work, and a living wage shall be guaranteed. No trafficking in persons and engagement of minors in any hazardous or deleterious forms of employment shall be tolerated. These rights shall be provided for in a law to be passed by the Bangsamoro Parliament.
Section 10. Protection of Women and Children. – The Bangsamoro Government shall uphold and protect the fundamental rights of women and children including the right of39 women to engage in lawful employment. Women and children especially orphans of tender age, shall be protected from exploitation, abuse or discrimination. The Bangsamoro Parliament shall enact the necessary laws for the implementation of this section.
Section 11. Participation of Women in the Bangsamoro Government. – Aside from the reserved seat for women in the Parliament, there shall be at least one (1) qualified woman to be appointed to the Bangsamoro Cabinet. The Bangsamoro Parliament shall enact a law that gives recognition to the important role of women in nation-building and regional development and ensures representation of women in other decision-making and policy-determining bodies of the Bangsamoro Government.
Section 12. Rights of Children. – The Bangsamoro Government shall respect, protect, and promote the rights of the children.
Bangsamoro policies and programs must take into utmost consideration the best interest of the child, non-discrimination of children, survival and development, protection and rights of children, youth and adolescents.
The Bangsamoro Government and constituent local government units shall provide for adequate funding and effective mechanisms for implementation of this policy.
Right to Education
Section 13. Integrated System of Quality Education. – The Bangsamoro Government shall establish, maintain, and support, as a top priority, a complete and integrated system of quality education and adopt an educational framework that is relevant, and responsive to the needs, ideals, and aspirations of the Bangsamoro.
Section 14. Tribal University System. – The Bangsamoro Parliament shall create a tribal university system within the Bangsamoro to address the higher educational needs of the indigenous cultural communities in the Bangsamoro.40
Right to Health
Section 15. Comprehensive and Integrated Health Service Delivery. – The Bangsamoro shall adopt a policy on health that provides for a comprehensive and integrated health service delivery for its constituents. The Bangsamoro shall, by law, establish a general hospital system to serve the health requirements of its people, to ensure that the individual basic right to life shall be attainable through the prompt intervention of excellent and affordable medical services. The Bangsamoro shall also uphold the people’s right to have access to essential goods, health and other social services that would promote their well-being.
Section 16. Support for Persons with Disabilities. – The Bangsamoro Government shall establish a special agency and support facilities for persons with disabilities and other disadvantaged persons for their rehabilitation, and livelihood or skills training to encourage their productive integration into mainstream society.
Arts and Sports
Section 17. Physical Education and Sports Development. – The Bangsamoro educational system shall develop and maintain an integrated and comprehensive physical education program. It shall develop healthy, disciplined innovative and productive individuals, and promote good sportsmanship, cooperation and teamwork.
Section 18. Sports Programs. – The Bangsamoro education system shall encourage and support sports programs, league competitions, indigenous games, martial arts, and amateur sports including training for regional, national and international competitions.
Culture Section 19. Preservation of Bangsamoro Cultural Heritage. – To preserve the history, culture, arts, tradition and the rich cultural heritage of the Sultanates, such as the Sultanates of Sulu, Maguindanao, and Buayan, and the Royal Houses of the41 Maranaos and the indigenous peoples of the Bangsamoro, there shall be created a Bangsamoro commission for the preservation of cultural heritage. Section 20. Primary Responsibility of the Commission. – The Bangsamoro commission for the preservation of cultural heritage shall have the primary responsibility to write the history of the Bangsamoro people and to establish and sustain the cultural institutions, programs and projects in the Bangsamoro component areas. The commission shall establish its own libraries and museums, declare and restore historical shrines and cultural sites to preserve the Bangsamoro heritage for posterity. Section 21. Management of Bangsamoro Historical and Cultural Sites. – The Central Government shall transfer the management of Bangsamoro historical and cultural sites currently under the jurisdiction of the National Museum, National Historical Commission or other agencies of the Central Government to the Bangsamoro commission for the preservation of cultural heritage, through the intergovernmental relations mechanism. The Bangsamoro commission for the preservation of cultural heritage shall coordinate with relevant agencies of the Central Government on the regulation, excavation and preservation of cultural artifacts and on the recovery of lost historical and cultural heritage.