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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

1NO, 4330

HOUSE BILL NO.

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan

EXPLANATORY NOTE

This measure aims to establish a Transitional Justice and Reconciliation
Program (TJRP) that will address the legitimate grievances of the Bangsamoro
and the marginalization through land dispossession.

The measure was first filed during the 17" Congress and approved by the
Special Committee on Peace, Reconciliation and Unity, but failed to hurdle
plenary approval. It was re-filed during the 18 Congress but failed to get past
the committee level.

This bill is mandated by the Comprehensive Agreement on the
Bangsamoro (CAB) made between the Philippine Government and the Moro
Islamic Liberation Front (MILF). The CAB states that the two parties must “work
out a program for transitional justice to address the legitimate grievances of the
Bangsamoro people, correct historical injustices, and address human rights
violations and marginalization through land dispossession.”

For this purpose, the Annex on Normalization mandated the creation of an
independent “Transitional Justice and Reconciliation Commission (TJRC) to
undertake a study and recommend to the Panels the appropriate mechanisms for
transitional justice and reconciliation.”

The TJRC was officially convened on September 27, 2014. This happened
after more than a year of consultations that involved community-based “listening
process” sessions. It also involved study group reviews of existing research and
policy interviews with more than 210 Moro, Indigenous, and settler communities
in the Mindanao and Sulu archipelago involving some 3,000 participants, 40% of

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whom are women, as well as independent research on specific areas of relevance
in the Bangsamoro context. After these, the TJRC launched its Report in March
2016.

In its Report, the TIRC proposes the use of a framework emphasizing the
rights of victims of conflict to truth, justice and reparations as well as guarantees
of non-recurrence, with the end in view of dealing with the past with forward-
looking perspective.

The TJRC proposed a list of recommendations, which it deems are crucial
to finally bring a halt to armed conflict and create conditions under which a just,
lasting, and durable peace can thrive. Foremost among its recommendations is
the creation of the National Transitional Justice and Reconciliation Commission
for the Bangsamoro (NTJRCB).

The NTJRCB is tasked with the implementation and supervision of the
TJRP using the “dealing with the past” framework and promote healing and
reconciliation.

Notably, TIRC Report emphasizes that transitional justice ought to be a
national project — one that deals with the legitimate grievances of the
Bangsamoro, while at the same time promoting healing and reconciliation
between the Bangsamoro and the rest of the Filipino people.

The TJRC found that the protracted armed conflict has wedged a deep
division between the Bangsamoro people and Filipinos who do not understand,
much less accept, the legitimacy of the Bangsamoro cause.

The Transitional Justice and Reconciliation Program necessarily includes
the promotion of the concept of transitional justice in Philippine society at large,
with the view of addressing biases and prejudices and developing mutual
understanding among the Filipinos.

In view of the foregoing, the passage of this bill is earnestly sought.

H JT HATAMAN
Représentative
Lone District of Basilan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

LNo. 2330

HOUSE BILL NO.

Introduced by Hon. MUJIV S. HATAMAN of the Lone District of Basilan

ANACT
ESTABLISHING A TRANSITIONAL JUSTICE AND RECONCILIATION
PROGRAM FOR THE BANGSAMORO, CREATING FOR THE
PURPOSE THE NATIONAL TRANSITIONAL JUSTICE AND
RECONCILIATION COMMISSION FOR THE BANGSAMORO, AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This Act shall be known as the
“Transitional Justice and Reconciliation for the Bangsamoro Act.”

SEC.2. Declaration of Policy. — It is hereby declared the policy of
the State to pursue peace and development throughout the country and to
particularly end the conflict in Mindanao through peaceful means. Towards this
end, the State shall formulate and implement plans and programs, as part of the
peace process, which will address legitimate grievances of the Bangsamoro
people, historical injustices, human rights violations and marginalization through
land dispossession. The State shall further guarantee non-recurrence of such
injustices and violations.


SEC. 3. Definition of Terms. —As used in this Act:

(a) Historical injustice includes acts committed and transactions
entered into by state and non-state actors with the Bangsamoro and other
inhabitants of the Mindanao and Sulu archipelago that have placed
Bangsamoro people at a political and economic disadvantage and, while
having occurred in the distant past, continue to impact their lives today;

(b) Land dispossession includes dispossession by ostensibly
lawful means, such as public land laws but may have been attended by
force, duress, intimidation, stealth, and deception;

(c) Marginalization refers to the political and economic
disenfranchisement that the Bangsamoro people and other inhabitants of
the Mindanao and Sulu archipelagos have suffered due to unjust national
laws, programs, and policies, as well as government neglect and failure to
address destructive and exploitative actions of non-state actors; and

(d) Transitional justice means the full range of processes and
mechanisms associated with a society’s attempts to come to terms with a
legacy of large-scale past abuses, in order to ensure accountability, serve
justice and achieve reconciliation which include criminal prosecutions,
truth telling, reparations programs and institutional reform.

SEC. 4. Transitional Justice and Reconciliation Program for the
Bangsamoro. — There is hereby established a Transitional Justice and
Reconciliation Program for the Bangsamoro, hereinafter referred to as the
“Program,” which shall address legitimate grievances of the Bangsamoro people,
historical injustices and human rights violation, including marginalization
through land dispossession, with the following aims:

a. Provide venues for the victims of conflict to be heard
and mechanisms for the investigation of serious violations of
international human rights law and international humanitarian law,
and enable inquiries into specific events of the armed conflict;

b. Contribute to the resolution of outstanding land
disputes in conflict-affected areas in the Bangsamoro and address
the legacy of land dispossession with concrete measures to provide
redress;


c. Provide effective counteractions to impunity, by
promoting accountability and strengthening the rule of law in
relation to past and present wrongdoings, including crimes identified
under international conventions to which the Philippines is a
signatory; and

d. Promote healing and reconciliation among the different
communities affected by the conflict.

SEC. 5. National Transitional Justice and Reconciliation
Commission on the Bangsamoro. - There is hereby created a National
Transitional Justice and Reconciliation Commission on the Bangsamoro,
hereinafter referred to as the “Commission.” The Commission shall design and
formulate mechanisms to implement the Program and supervise such
implementation. In formulating the mechanisms, the Commission shall be guided
by a framework of dealing with the past that respects, protects, and fulfills the
right to truth, right to justice and right to reparation of the victims and ensure non-
recurrence of any violation. For this purpose, the Commission shall adopt its own
operational guidelines and rules of procedure.

SEC. 6. Composition. - The Commission shall be composed of a
Chairperson and four (4) regular Commissioners to be appointed by the President.
The Chairperson shall be responsible for the overall supervision of the
Commission and each of the four (4) Commissioners shall be responsible for the
four (4) sub-commissions under Section 8 of this Act.

The Executive Director of the Commission and two (2) representatives
from civil society who are likewise appointed by the President shall sit as non-
voting members of the Commission. The Chairperson, Commissioners and the
non-voting members must be citizen of the Philippines and of proven
competence, integrity, probity and independence.

SEC.7. Powers and Functions. —- The Commission shall have the
following powers and functions:

a. Conduct a nationwide information, education, and
dissemination program for the popularization of the rationale and
principles of transitional justice and reconciliation, as well as its
implementing mechanisms;


b. Investigate, study, and recommend measures for the
resolution of cases of individuals and communities adversely affected by
armed conflict, serious violations of human rights and international
humanitarian law, and outstanding land disputes in the conflict-affected
areas, generally and as provided in the mandates of the sub-commissions.
Pursuant to this, the Commission and its sub-commissions may take
testimony or receive evidence, administer oaths, summon witnesses, and
require the production of documents by subpoena duces tecum;

c. Determine the factors that contribute to impunity in relation
to past and present wrongdoings, and recommend appropriate actions to
dismantle impunity, promote accountability, and strengthen the rule of law;

d. Coordinate with the public and private sectors in the
formulation of short, medium, and long-term programs under a
comprehensive approach to transitional justice and reconciliation;

e. Call upon other government agencies, including government-
owned and -controlled corporations and government financial institutions,
for any support it needs to carry out its mandate;

f. Submit to the President recommendations for further action,
including proposed bills on matters requiring legislative action, when
necessary, to fully implement its proposals and programs; and

g. Perform such other functions as may be necessary for the
effective discharge of its mandate.

SEC. 8. Organizational Structure and Staffing Pattern. — Within
three (3) months from the convening of the Commission, the organizational
structure and staffing pattern shall be formulated and finalized in coordination
with the Department of Budget and Management. To assist the Commission in
the performance of its duties, four (4) sub-commissions are hereby created, which
shall deal with specific aspects of transitional justice for the Bangsamoro:

a. Sub-Commission on Bangsamoro Historical
Memory, which shall have the following specific functions:

i. To contribute to confidence building in communities affected by
the conflict through fact finding and truth seeking, while ensuring their
protection, safety and dignity. In particular, the sub-commission shall listen
to the testimony of victims in closed or public hearings, in order to collect

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witness statements and evidence related to specific violent events, with
sensitivity to accounts of women who have been victims of gender-based
and sexual violence;

ii. To investigate serious violations of international human rights and
international humanitarian law, focusing, among others, on specific
emblematic cases of mass atrocity crimes, of land dispossession, and of
conflict-related sexual and gender-based violence to determine whether
such forms of violence were practiced as a deliberate strategy of war in the
Bangsamoro conflict;

iii. To publish series of reports on the results of its investigation and
cases of international human rights law and international humanitarian law
violations, which include an analysis of the findings and recommendations
related to individual, collective, and symbolic forms of reparations,
accountability for crimes committed, institutional reforms, and
reconciliation; and

iv. To establish databases on violations of international human rights
and international humanitarian law in the Bangsamoro from 1948 until the
present, particularly a database on conflict-related human casualties.

b.  Sub-Commission against Impunity and on the
Promotion of Accountability and Rule of Law in the
Bangsamoro, which shall be responsible for the following:

i. To identify, investigate, and recommend policies, operational
means, and concrete measures to address and overcome practices of
impunity at all levels, whether of a technical, political, or financial nature
and whether related to past or present wrongdoings; and

ii. To request disciplinary procedures against public officials who fail
to cooperate or who obstruct justice and the rule of law.

c. Sub-Commission on Land Dispossession in the
Bangsamoro, which is authorized:

i. To address issues related to land dispossession, use, and tenure in
the conflict-affected areas in the Bangsamoro by developing or
implementing a dispute resolution mechanism for land conflicts, including
indigenous peoples’ (IPs) claims on ancestral domains, and for identifying
lands where there are competing claimants;

ii. To create a database on actual land ownership in the Bangsamoro
and on land dispossession that may be used to support legal proceedings
and restitution or reparation programs, including cadastral, geo-tagged, and
community-based participatory mapping sets;


iii. To support the overall redesign of land services in the Bangsamoro
by recommending changes in the legal framework and all procedures
related to land titling, registration, taxation, and management, including the
claims of IPs on ancestral domains, for legislation.

d. Sub-Commission on Bangsamoro Healing and
Reconciliation, which is empowered:

i, To identify and support traditional practices of reconciliation at the
community level;

ii. To develop and promote a meaningful process for national
reconciliation with a view to encouraging cultural and attitudinal change;
and

iii. To support the other three (3) sub-commissions in the
implementation of their mandate by shaping and promoting a
reconciliatory vision for each of them.

Each sub-commission shall cooperate with relevant national, regional, and
local institutions, both governmental and nongovernmental, in the exercise of its
mandate. Moreover, each sub-commission shall ensure the meaningful
participation of women in the processes that will be undertaken, taking into
consideration their experiences relevant to the objectives of transitional justice.

SEC. 9. National Consultation Process. — The appointment of
members of the Commission shall be made through national public consultations.

For this purpose, the Office of the Presidential Adviser on the Peace
Process shall propose to the President a selection and appointment process for the
members of the Commission. This selection and appointment process shall
include the appointment of a selection committee composed of representatives of
national, regional, and local sectoral stakeholders. The selection committee, after
its convention, shall select, from the pool of nominees, the persons who shall be
included in the short lists of nominees from which the President shall appoint the
members of the Commission. The selection committee and the Commission shall
ensure the inclusion of women in its membership, corresponding to
representatives of national, regional and local sectoral stakeholders.

The Commission, whenever it deems appropriate, shall likewise conduct
national public consultations in formulation of the implementing mechanisms of
the Program.


SEC.10. Advisory Board. — There is hereby created an Advisory Board
composed of qualified individuals, including women, with proven expertise in
the fields of transitional justice and reconciliation, to be appointed by the
President.

The Commission may likewise engage or contract the services of resource
persons, professionals and other personnel determined by it as necessary to carry
out its mandate.

SEC. 11. Secretariat. — The Commission shall organize its Secretariat,
headed by an Executive Director, which shall provide administrative and
technical support.

SEC. 12. Duration. - The Commission shall operate for a period of six
(6) years from the effectivity of this Act or upon completion of the purposes for
which it was created, whichever comes first. However, it may continue to operate
for additional three (3) years upon the approval of the President.

SEC. 13. Appropriation. — For the initial operating expenses of the
Commission to carry out the mandate of this Act, the amount of One hundred
million Pesos (P100,000,000.00) is hereby appropriated from the Contingent
Fund of the Office of the President on the year this Act is approved. Thereafter,
it shall submit to the Department of Budget and Management its proposed budget
for the inclusion in the General Appropriations Act.

The Commission is likewise authorized to accept donations, contributions,
grants, bequests or gifts from domestic or foreign sources, for purposes relevant
to its mandate and functions, in accordance with applicable laws and rules and
regulations subject to government accounting and auditing rules and regulations.

SEC. 14. Implementing Rules and Regulations. — Within ninety (90) days
from the approval of this Act, the Commission shall promulgate rules and
regulations implementing the provisions of this Act. The implementing rules and
regulations issued pursuant to this section shall take effect thirty (30) days after
its publication in two (2) newspapers of general circulation.

SEC.15. Repealing Clause. — All laws, orders, issuances, rules and
regulations inconsistent herewith are repealed or modified accordingly.


SEC. 16.  Separability Clause. — If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in full force and effect.

SEC.17.  Effectivity. - This Act shall take effect fifteen (15) days after
its publication in a newspaper of general circulation or Official Gazette.

Approved,

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