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BARMM approves Bangsamoro Electoral Code

MARAWI CITY (PIA)–The Bangsamoro Parliament unanimously approved BTA Bill No. 29 on third and final reading, fulfilling a promise to President Ferdinand Marcos Jr. to enact the Bangsamoro Electoral Code in the first quarter of 2023.

Presiding Chair Deputy Speaker Lawyer Omar Yasser Sema banged the gavel at 11:58 p.m. to approve the region’s electoral law that will prescribe the structural, functional, and procedural principles of the elections, referenda, and recall proceedings in the BARMM.

The measure was approved with 64 affirmative votes, zero negative votes, and zero abstentions.

It was approved on second and final readings on the same day, despite the three-day rule, because it was certified as urgent by BARMM Chief Minister Ahod Balawag Ebrahim.

Chief Minister Ebrahim and BTA Speaker Lawyer Pangalian Balindong led the ceremonial signing of the Bangsamoro Autonomy Act No. 35, or the Bangsamoro Electoral Code of 2023.

The 11-article final version of the electoral code consists of introductory provisions, the Bangsamoro electoral office, regional political parties in the Bangsamoro, elective positions in the Parliament, elections upon dissolution of the Parliament, the voters, election administration, election offenses, legal fees, transitory provisions, and final provisions.

The electoral law will make it easier for people in the Bangsamoro region to start political parties with real values.

Ebrahim said that when the MPs took the oath of moral governance at the start of the transition period, they promised to set up a government that lived up to the name “Bangsamoro.”

He said they also committed to enacting an electoral code that would help pave the way for more democratic elections in the region, in which genuinely moral political parties would be able to participate.

“In fact, the Bangsamoro electoral code’s adoption today is a major step towards realizing such a promise,” he said.

As he voted to approve the code, Speaker Balindong said, “It is an opportune time for us to set a new stage for our future leaders to lead our people by exemplifying honesty, equality, and empowering the true voice of democracy.”

In September 2022, BTA Bill No. 29 was brought up in Parliament and sent to the Rules Committee.

Before the proposed code’s approval in plenary, the committee held a ten-day deliberation under the direction of a female Bangsamoro lawmaker, Floor Leader Lawyer Sha Elijah Dumama-Alba, going over each provision line by line.

From October 2022 to January 2023, 12 public consultations were held in Manila, Basilan, Sulu, Tawi-Tawi, Maguindanao, Lanao del Sur, Cotabato City, and the BARMM Special Geographic Area to ensure that all stakeholders were involved in the legislation process.

During the transition period, it is the job of the interim government, which is led by the Moro Islamic Liberation Front (MILF), to set up priority codes for things like administration, civil service, education, elections, local governance, revenue, and the rights of indigenous people.

To date, the Parliament has passed administrative, civil service, educational, and electoral codes.

“This is the fourth priority code that we have enacted; let us build on this positive momentum to finish the remaining priority codes and other important legislation as soon as possible,” said Ebrahim.

Citing the Bangsamoro Organic Law, the Bangsamoro government should adopt an electoral system that is consistent with national election laws, allows democratic participation, encourages the formation of genuinely principled political parties, and ensures accountability.

The Bangsamoro government should also make sure that elections at all levels of government in Bangsamoro are free, orderly, honest, peaceful, and trustworthy, and that they show what the voters really want.

The COMELEC will establish a Bangsamoro Electoral Office in accordance with the BOL and the electoral code, and it will be directly under its control and supervision.

The BEO will keep an eye on all national, regional, and local elections, plebiscites, initiatives, referenda, and recalls in the Bangsamoro region to make sure that election laws and other relevant COMELEC rules are followed.

According to the electoral code, regional political parties must have at least 10,000 members who are residents and registered voters.

Members should be distributed throughout the various provinces and cities that comprise the Bangsamoro territory, provided that all parties establish provincial and city chapters in all provinces and cities, as well as municipal chapters in the majority of municipalities that comprise each province, in the Bangsamoro.

All parties intending to register as political parties should submit applications to the BEO through the Bangsamoro Registration and Accreditation Committee.

Composition of the Parliament

Under the code, the Parliament is composed of 80 members with 50% party representatives, 40% district representatives, and 10% sectoral representatives.

A member of the Parliament must be at least 25 years old on election day, be able to read and write, and be a registered voter in the Bangsamoro region.

At the time of the voting, a candidate for youth representative must not be older than 30 years old or younger than 18.

Party representatives are registered political parties from a certain region that got at least 4% of all valid votes in the party system election.

In terms of how party representation seats are given out, only parties that received at least 4% of all valid votes cast in the party representation elections are allowed to take part.

A candidate for district representative must be a registered voter in the district in which he is running and has lived in the district for at least one year before the election.

Single-member parliamentary districts allocated to the regions and in accordance with Parliament’s specifications should not elect more than 40% of MPs.

By using a direct plurality vote, registered voters in the parliamentary districts should elect the district representatives.

At least 10% of the MPs should be sectoral representatives, and two seats should be set aside for indigenous people who are not Moro and for settler communities. Women, youth, traditional leaders, and the Ulama will each be assigned one seat.

The first regular election for the Bangsamoro Government will be held and synchronized with the 2025 national elections, as stipulated in the Bangsamoro Organic Law. (BTA Parliament/PIA-10/Lanao del Sur)

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