BBL’s clause on coordination might put AFP in a bind later on, lawmaker warns

The retention of a clause in the proposed Bangsamoro Basic Law (BBL) providing for the establishment of coordination protocols for the movement of the Armed Forces of the Philippines (AFP) in the Bangsamoro region might hamper the conduct of military operations in the future, a lawmaker has warned.

 

Zamboanga City Rep. Celso Lobregat on Monday expressed concern that Section 17, Article XI of the Bangsamoro bill might tie the AFP’s hands down in the coming years even as Defense Undersecretary Pio Lorenzo Batino assured specific military operations need not be coordinated with the envisioned Bangsamoro government.

 

At the hearing of the House ad hoc committee on the BBL, Batino said the AFP has long been coordinating with local government units nationwide on general matters, without divulging specific information about military operations.

 

Lobregat, however, said problems might arise if the need for coordination for military actions in the Bangsamoro region is legislated instead of being implemented through executive action.

 

“We want to make the law very clear so that there would be no misinterpretation. The word ‘shall’ appears twice in [Section 17, Article XI] of the Bangsamoro bill, meaning it’s mandatory,” he said.

 

Turning to Batino, Lobregat asked: “Why would you want your hands to be tied [on coordination]? Can’t this be done through executive action? Bakit pa kailangang taliin ang kamay ng AFP at magkakaroon pa ng protocol sa paggalaw? Kung kailangang gumalaw ng AFP, dapat gumalaw sila, hindi na kailangang bumusina.”

 

Assurance to lawmakers

 

Section 17, Article XI of the Bangsamoro bill states that “the Central Government and the Bangsamoro Government shall establish coordination protocols, which shall govern the movement of Armed Forces of the Philippines in the Bangsamoro.”

 

It is one of the provisions that the House panel on the BBL plans to delete from the measure for being unconstitutional.

 

Asked by panel chair Cagayan de Oro Rep. Rufus Rodriguez whether or not the DND finds the provision on coordination constitutional, Batino said the department is of the opinion that Section 15, Article 11 of the proposed BBL vests the responsibility of defending and securing the Bangsamoro region on the national government.

 

While Batino acknowledged the committee’s concerns on the effects of AFP’s coordination with the Bangsamoro government in the future, he assured lawmakers that the military exercises prudence in coordinating its moves even with LGUs.

 

“The AFP will not agree to a mechanism that will imperil or impair the conduct of the AFP’s operations, whether it is in an LGU or the Bangsamoro region,” he said.

 

At the House probe on the Mamasapano debacle earlier this month, government peace panel chair Miriam Coronel Ferrer noted that the coordination process between government forces and Moro Islamic Liberation Front (MILF) had been going on smoothly prior to the Jan. 25 tragedy, with the peace panel even working in partnership with the group, AFP and the Philippine National Police in conducting law enforcement operations after a ceasefire agreement was signed in 2012.

 

The MILF and the national government last year signed the comprehensive peace agreement that was used as the basis for drafting the proposed BBL pending in Congress. —KG, GMA News