Less than two years before President Rodrigo Duterte’s six-year term ends in 2022, two of his promises on his peace agenda have been delivered: the creation of the Bangsamoro Autonomous Region of Muslim Mindanao (BARMM) and the enactment of the Anti-Terrorism Act of 2020, repealing the Human Security Act of 2007 (HSA).
“After almost two decades of peace negotiation, the Bangsamoro Organic Law was finally passed and ratified,” he said in his fourth state of the nation address (SONA) at the convening of the 18th Congress in July 2019. The Organic Law created the BARMM following years of peace negotiations with rebel groups, mainly the Moro Islamic Liberation Front (MILF), composed of minority Muslims fighting for self-determination in Mindanao.
On Feb. 26, 2019, the Bangsamoro Transition Authority (BTA) officially replaced the Autonomous Region in Muslim Mindanao (ARMM) that was established in 1989 after negotiations primarily with the Moro National Liberation Group (MNLF). This, after a majority of the Muslim communities in Mindanao voted in a plebiscite in favor of the Bangsamoro Organic Law in pursuit of lasting peace in Southern Philippines. (See SONA Tracker 2018: Peace Agenda)
The BTA, composed of 80 members appointed by the president, functions as a parliament to legislate priority measures during the transition period for the full operations of the BARMM. It will be dissolved after the Bangsamoro’s first regular elections in 2022, synchronized with the local and national polls.
On July 4, a day after Duterte signed Republic Act No. 11479, or the Anti-Terrorism Act of 2020, BARMM Chief Minister Ahod Ebrahim said in a statement that he “fully respects” the decision of the president and that he looks forward to having a representation in the Anti-Terrorism Council (ATC). This is a walk back from the Bangsamoro parliament’s previous statement asking the president to veto it.
The anti-terrorism law took effect on July 18, or 15 days after its signing and publication on the Official Gazette website, even before implementing rules and regulations (IRR) were issued. According to Justice Secretary Menardo Gueverra, the promulgation of the IRR is “not a condition” to the effectivity of the law.
As of July 23, at least 16 petitions have been filed before the Supreme Court challenging the constitutionality of RA 11479. Some of the provisions in question in the new law are the broad definition of terrorist acts, warrantless arrest on mere suspicion, and extended detention of suspected terrorists for up to 24 days.
Defense Secretary Delfin Lorenzana, in a pre-SONA virtual presser on July 22, said the government will ensure that its implementation will focus only on “terrorists” and will not be used to infringe on human rights. Palace Spokesperson Harry Roque, for his part, reiterated that the law “has enough safeguards against abuse.”
On July 7, barely four days after signing the anti-terrorism law, Duterte tagged communist groups as “terrorist organizations,” saying he had “finally declared them to be one.”
One of the principal authors of the bill, Sen. Panfilo “Ping” Lacson, quickly pointed out in a statement posted on his website that the “president’s ‘declaration’ of the CPP-NPA as terrorist is a personal opinion and not official.” He added that the president’s “designation of a terrorist individual group or organization” is a mere signal for the ATC to request the Anti-Money Laundering Council (AMLC) to freeze accounts and assets. Lacson said it is still subject to “judicial” scrutiny.
See how the Duterte administration handled his peace agenda:
PROMISE: Fast-track establishment of a regional government in BARMM
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“It is my hope that the Bangsamoro Transition will fast-track the establishment of regional government that will secure a comfortable life for Muslim brothers and sisters, and all indigenous communities in the Bangsamoro Regions.” (SONA 2019) |
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Duterte inaugurated the BARMM in Shariff Kabunsuan Cultural Complex, Cotabato City on March 29, 2019. On June 17, 2019, the BTA approved the proposed transition plan drafted by members of the government agencies such as the Office of the Presidential Adviser on the Peace Process (OPAPP), Department of Budget and Management (DBM), Civil Service Commission (CSC) and ARMM, as well as the Moro Islamic Liberation Front (MILF). According to the first issue of its quarterly magazine for June 2020, “a fully operational BARMM government is likely to happen next year [2020]” after it approved last November a P65.6 billion budget for 2020. BTA parliament has already approved 11 laws. |
PROMISE: Strengthen counter-terrorism programs by amending various laws on terrorism
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“We will strengthen our counter-terrorism programs by amending various laws on human terrorism, terrorism financing… This is our answer to the challenges of the global developments on the non-traditional threats, transnational crimes and fanatical terrorism.” (SONA 2016) |
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The Senate passed Senate Bill No.1083 on final reading on Feb. 26, amending the HSA. (See VERA FILES FACT SHEET: What you need to know about the Senate’s anti-terrorism bill) The House adopted the Senate version without any amendment, thus skipping the bicameral conference committee, to hasten its passage. On June 1, President Duterte certified the anti-terror bill as urgent, paving the way for its swift passage. Senate president Vicente “Tito” Sotto III said the bill was “good as passed,” after Duterte certified it as urgent. The House approved the anti-terrorism bill on final reading on June 4. It was transmitted by House Speaker Alan Peter Cayetano and Sotto to the Palace five days later for the president’s signature. Duterte signed it into law on July 3, 2020. |
PROMISE: Resume peace talks with the CPP-NPA-NDF
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“Kayong mga Left, I will not talk to you. Why should I?” (SONA 2017) “To immediately stop violence on the ground, restore peace in the communities and provide an enabling environment conducive to the resumption of the peace talks. I am now announcing a unilateral ceasefire with the CPP/NPA/NDF effective immediately, and call on our Filipinos in the National Democratic Front and its forces to respond accordingly.” (SONA, 2016)
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On April 27, in one of his press briefings about the government’s response to the COVID-19 pandemic, Duterte once again terminated peace talks with the CPP-NPA. He cited the groups’ lack of “respect” for their “spoken words and deeds” in killing soldiers who are doing humanitarian missions. This came after reports of an encounter with the NPA during an aid distribution in Aurora province on April 21. Duterte declared a unilateral ceasefire from March 19 to April 15 to focus on the administration’s assistance on health workers and medical supplies, and in need for immediate medical attention, then Presidential Spokesperson Salvador Panelo said in a statement. The National Democratic Front National Council and the CPP also declared a ceasefire from March 26 to April 15, heeding the call of United Nations Secretary-General Antonio Guterres in light of the coronavirus pandemic. The truce was extended by CPP-NPA to April 30, coinciding with the relaxation of the enhanced community quarantine in Luzon. |
Sources
Official Gazette of the Philippines, RA 9372: Human Security Act of 2007, March 6, 2007
Official Gazette of the Philippines, RA 11054: Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao, July 27, 2018
Presidential Communications Operations Office, 4th State of the Nation Address of Rodrigo Roa Duterte, July 22, 2019
Official Gazette of the Philippines, Document: The Comprehensive Agreement on the Bangsamoro, March 27, 2014
Official Gazette of the Philippines, RA 6734: Autonomous Region in Muslim Mindanao, August 1, 1989
Bangsamoro Transition Authority Parliament, All members of BTA
Official Gazette of the Philippines, RA 11479: Anti-Terrorism Act of 2020, July 3, 2020
Bangsamoro Government Official Facebook, Statement of BARMM Chief Minister Ahod “Al Haj Murad” Ebrahim on the Signing of the Anti-Terrorism Act of 2020, July 4, 2020
Bangsamoro Transition Authority Official website, Resolution No. 77: Appealing to President Rodrigo Duterte to veto SB 1083 and HB 6875 or the Anti-Terrorism Act of 2020, July 2, 2020
Manila Bulletin, Anti-Terror Law takes effect midnight of July 18 — Guevarra, July 17, 2020
Inquirer.net, Antiterror law takes effect today without IRR, July 18, 2020
Philstar, Anti-Terrorism Law takes effect today, July 18, 2020
CNN Philippines, 16 Supreme Court petitions seek to void anti-terrorism law, July 23, 2020
ABS-CBN News, Supreme Court says 16 petitions filed vs Anti-Terrorism Act so far, July 23, 2020
Inquirer.net, Petitions against anti-terror law swamp SC, July 23, 2020
PTV Youtube, Tatak ng Pagbabago: The Pre-SONA forum, July 22, 2020
Office of the Presidential Spokesperson, Press Briefing of Presidential Spokesperson Harry Roque, July 9, 2020
Presidential Communications Operations Office, Talk to the People of President Rodrigo Roa Duterte on Coronavirus Disease 2019 (COVID-19), July 7, 2020
Panfilo “Ping” Lacson Official website, On the President’s ‘Declaration’ of the CPP-NPA as Terrorists: Opinion, Not Official, July 9, 2020
On fast-tracking establishment of BARMM regional government
- Presidential Communications Operations Office, Speech of President Rodrigo Roa Duterte during the Inauguration of the Bangasamoro Autonomous Region in Muslim Mindanao (BARMM), March 29, 2019
- Bangsamoro Autonomous Region in Muslim Mindanao Official website, BTA approves proposed transition plan, June 17, 2019
- Bangsamoro Transition Authority Quarterly Magazine, The Parliament No. 1: June 2020, Retrieved on July 23, 2020
- Bangsamoro Autonomous Region in Muslim Mindanao Official website, Fiscal Year 2020: Bangsamoro Appropriations Act, Retrieved on July 23, 2020
- Bangsamoro Transition Authority Official website, Bangsamoro Autonomy Act, Retrieved on July 23, 2020
On strengthening counter-terrorism programs by amending laws on terrorism
- House of Representatives of the Philippines, HB 6875: The Anti-Terrorism Act of 2020, May 30, 2020
- CNN Philippines, Sotto: Anti-terrorism bill ‘good as passed’, June 2, 2020
- Manila Times, Sotto: Anti-terror bill good as passed, June 2, 2020
- GMA News Online, Anti-terror bill ‘as good as passed,’ says Sotto, June 2, 2020
- Inquirer.net, Anti-terror bill transmitted to Palace for Duterte’s signature, June 9, 2020
- Interaksyon, Cayetano, Sotto send anti-terrorism bill for Duterte’s signature amid lawmakers withdrawing support, June 9, 2020
- Rappler, Congress transmits anti-terrorism bill to Malacañang, June 9, 2020
On resuming peace talks with CPP-NPA-NDF
- Presidential Communications Operations Office, Talk to the People of President Rodrigo Roa Duterte on Coronavirus Disease 2019 (COVID-19), April 27, 2020
- Inquirer.net, NPA attack on troops securing COVID-19 aid distribution kills 2 soldiers, April 22, 2020
- Rappler, Duterte rejects peace talks with CPP-NPA: ‘No more talks to talk about’, April 27, 2020
- Presidential Communications Operations Office, News Release: President Duterte vows to go after communist rebels following Aurora attack, April 27, 2020
- Office of the Presidential Spokesperson, On the government’s declaration of unilateral ceasefire, March 18, 2020
- National Democratic Front of the Philippines, NDFP welcomes acknowledgement of ceasefire by UN; calls for immediate release of political prisoners, March 27, 2020
- ABS-CBN News, CPP leadership orders extension of ceasefire until April 30, April 16, 2020
- Inquirer.net, Palace: Ceasefire extension with Reds up to task force, Duterte, April 19, 2020
- Rappler, CPP-NPA extends ceasefire until April 30, April 16, 2020
(Guided by the code of principles of the International Fact-Checking Network at Poynter, VERA Files tracks the false claims, flip-flops, misleading statements of public officials and figures, and debunks them with factual evidence. Find out more about this initiative and our methodology.)
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