Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILE No._5669

Introduced by Representative Jose Christopher Y. Belmonte

EXPLANATORY NOTE

This bill seeks to establish a Transitional Justice and Reconciliation
Program aimed at addressing the legitimate grievances of the Bangsamoro
people, correcting historical injustices, and addressing human rights violations
and marginalization through land dispossession. This program necessarily
includes the promotion of the concept of transitional justice in Philippine
society at large, with the end in view of addressing biases and prejudices and
developing mutual understanding among the Filipinos. This bill also proposes
the creation of National Transitional Justice and Reconciliation Commission for
the Bangsamoro (NTJRCB), which shall implement and supervise the proposed
program.

The decades-long armed conflict in Mindanao is rooted in the legacy of
historic injustice suffered by the Bangsamoro people. Oppressive national
integration policies, as well as the economic exploitation of Mindanao by
external actors through the use of colonial-era land laws that enabled the
dispossession of many original possessors of their land, among others, impelled
the Moro National Liberation Front (MNLF) to engage in a protracted war with
the Philippine government that began in the early 1970s and lasted for close to 3
decades. The Moro Islamic Liberation Front (MILF), which broke-away from
the MNLF in the late 1970s, likewise engaged in armed revolt until the late
1990s to the early 2000s.

The Philippine government, pursuing a non-violent means towards
resolving the conflict, initiated peace negotiations with both the MNLF and the
MILF. The Bangsamoro peace process aims to find a workable answer to the
“Bangsamoro question:” How could we effectively address the systemic
marginalization that the Bangsamoro people have suffered under colonial and
post-colonial government? Both the MNLF and the MILF have proposed that
only the meaningful exercise by the Bangsamoro people of their right to self-
determination would ultimately resolve the “Bangsamoro question.” While both
the MNLF and the MILF initially called for an independent Bangsamoro state, a


direct result of the peace process with both groups is their agreement that the
creation of a region with meaningful political and economic autonomy, within
the context of Philippine sovereignty and territorial integrity, is a viable way for
the Bangsamoro to exercise self-government or self-determination.

Thus, after 17 years of peace negotiations, the MILF finally signed the
Comprehensive Agreement on the Bangsamoro (CAB) with the Philippine
government on March 27, 2014. The CAB is notable not only because it
contains a blueprint for the meaningful exercise of Bangsamoro self-
determination through the creation of a Bangsamoro region with powers that
will allow its people to, among others, honor and promote their historic and
cultural legacy, but also because it has specific arrangements for a process of
normalization. Normalization aims to ensure human security in the areas
affected by conflict. It is a process through which people in the conflict-affected
areas can transition to a normal and peaceful life, which includes the ability to
pursue sustainable livelihood and the freedom to participate politically within a
peaceful deliberative society. The normalization process includes many
mechanisms, including the decommissioning of MILF combatants and the
pursuit of transitional justice and reconciliation.

Transitional justice is defined by the United Nations as “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.” States engage in transitional justice
processes to “achieve justice, peace, a democratic society, and established rule
of law.” Transitional justice is crucial for the success of the Bangsamoro peace
process because the political processes related to the exercise of self-
determination, which include legislating the creation of a Bangsamoro
autonomous region, are not enough to win the peace. There is a need to deal
with the devastating cost of the armed conflict in the lives of civilians caught in
the cross-fire. A failure to do this would fuel even more conflict on the ground.
In order to achieve a just, lasting, and durable peace, therefore, both the root
cause of armed conflict (political and economic marginalization) and its
consequences — a legacy of violence and disrupted lives — must be addressed.
Through transitional justice mechanisms, conflict-affected communities can
explore means of healing the wounds of conflict and move towards
reconciliation.

Through the CAB, the Philippine government and the MILF agreed “to
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. After more
than a year of a consultation process that involved community-based “listening
process” sessions, 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
which are women, as well as independent research on specific areas of
relevance in the Bangsamoro context, 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
a forward-looking perspective. The TJRC proposed a list of recommendations,
which it deems are crucial if we are 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 a NIJRCB. The
NTJRCB is tasked with the implementation of the “dealing with the past”
framework and to 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.

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

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO. 5669

Introduced by Representative Jose Christopher Y. Belmonte

AN ACT
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:


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(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;


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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;


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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;

¢. 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:


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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 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;

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:


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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
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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,


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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,