General Principles And Policies

Article 6: Intergovernmental Relations

Section 1. Asymmetric Relationship

The relationship between the Central Government and the Bangsamoro Government shall be asymmetric. This is reflective of the recognition of their Bangsamoro identity, and their aspiration for self-governance.

This makes it distinct from other regions and other local governments.

Section 2. Parity of Esteem

The Central Government and the Bangsamoro Government shall be guided by the principles of parity of esteem and accepted norms of good governance. The Central Government shall respect the exercise of competencies and exclusive powers of the Bangsamoro Government.

The Bangsamoro Government shall respect the exercise of the competencies and reserved powers of the Central Government.

Section 3. General Supervision.

Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed.

Section 4. Intergovernmental Relations Mechanism

The Central Government and the Bangsamoro Government shall establish a mechanism at the highest levels that will coordinate and harmonize their relationships. For this purpose, a primary mechanism22 shall be a Central Government – Bangsamoro Government Intergovernmental Relations Body to resolve issues on intergovernmental relations. All disputes and issues relating to these intergovernmental relations shall be resolved through regular consultations and continuing negotiations in a non-adversarial manner.

The Intergovernmental Relations Body shall exhaust all means to resolve all issues brought before it. Unresolved issues shall be elevated to the President, through the Chief Minister.

The Central Government shall appoint a head to represent the Central Government. The Bangsamoro Government shall have a Minister who shall sit in this body, representing the Bangsamoro Government. The body shall be supported by a joint secretariat.

Section 5. Council of Leaders

The Bangsamoro Council of Leaders shall consist of the Chief Minister, provincial governors, mayors of chartered cities, and representatives from the non-Moro indigenous communities, women, settler communities, and other sectors.

The Bangsamoro Council of Leaders shall be chaired by the Chief Minister. The Council shall advise the Chief Minister on matters of governance in the Bangsamoro.

The representation of the non-Moro indigenous communities shall be pursuant to their customary laws and indigenous processes.

Section 6. Devolution and Subsidiarity. –The Central Government and the Bangsamoro Government accept the concept of devolution as inspired by the principles of subsidiarity. Decisions are to be made at the appropriate level to ensure public accountability and transparency, and in consideration of good governance and the general welfare.

Section 7. Bangsamoro Government and Its Constituent Local Government Units.

The provinces, cities, municipalities, barangays, and geographic areas within its territory shall be the constituent units of the Bangsamoro. The authority to regulate on its own responsibility the affairs of the local government units is guaranteed within the limit of this Basic Law.

The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or23 reformed for good governance in accordance with a law to be enacted by the Bangsamoro Parliament.

Section 8. Philippine Congress - Bangsamoro Parliament Forum. -

A Philippine Congress-Bangsamoro Parliament Forum for purposes of cooperation and coordination of legislative initiatives.

Section 9. Bangsamoro Participation in Central Government

The Central Government to appoint competent and qualified inhabitants of the Bangsamoro in the following offices in the Central Government: at least one (1) Cabinet Secretary; at least one (1) in each of the other departments, offices and bureaus, holding executive, primarily confidential, highly technical, policy-determining positions; and one (1) Commissioner in each of the constitutional bodies.

The recommendations of the Bangsamoro Government shall be channeled through the intergovernmental relations mechanisms.

Section 10. Assistance to Other Bangsamoro Communities

The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development.