Education provisions in the Bangsamoro Organic Law

Education-relevant provisions under the Republic Act 11054 or the Bangsamoro Organic Law:

(a) Authority over Regional Educational System. - The Bangsamoro Government has authority over education and skills training1;

(b) Governance for General Welfare. - Power of efficient and effective governance and those essential to the promotion of general welfare2;

(c) National Representation.
- Representation in national departments and similar offices implementing and enforcing policies, programs and projects in Bangsamoro3;

(d) Development assistance to out-of-region Bangsamoro Communities.
- Assistance to other Bangsamoro communities outside of the region in coordination with the concerned national agencies and local government units to enhance their socio-economic and cultural development4;

(e) National-Regional Synergy. - Continuation of nationally-funded programs and projects in the region without prejudice to the power of the Bangsamoro government providing supplemental funding for such programs and projects5;

(f) Education and Civil Service. - The enactment of a regional civil service law based on merit and fitness and eligibility protection6;

(g) Public Transparency, Efficiency, Accountability and Morality. - Public office is an amanah (public trust) and public officials and personnel shall be at all times accountable to the people, to serve with utmost responsibility, integrity, loyalty and efficiency, performing one’s duties with patriotism and justice and leading modest lives7;

(h) Historical Contexts.
- Educating the children and youth the contexts and histories behind the redress of historical injustices, human rights violations and marginalization in the Bangsamoro homeland8;

(i) Minority Protection. – Rights and privileges of the non-Bangsamoro indigenous peoples9, settlers’ communities10 and other indigenous cultural minorities, such as the Badjaos. Further, this protection applies to children and youth with disability and those from geographically isolated and socially disadvantaged backgrounds.

(j) Religious Freedom.
- Guarantee of religious freedom and the free exercise thereof, including the pursuit of activities consistent with their religious beliefs and values11;

(j) Education in Emergencies. - Provision, maintenance, and inurement of basic and responsive quality of education, including appropriate disaster-preparedness12. Further, this implies that education of children and youth should continue and be protected at all times, including in situations of natural calamities and man-made crises; and provisions of life-saving, life-sustaining, and BARMM-context education interventions during emergencies that are at par with but not limited to the Inter-agency Network for Education in Emergencies (INEE)13 principles and practices and Comprehensive Emergency Program for Children and Youth in accordance with Republic Act 1082114;

(k) Child and Adolescent Care and Development. - Recognition of the rights of children and youth, especially the orphans; and their protection from exploitation, abuse, and discrimination; development of policies, programs, and projects with their best interest and utmost consideration at heart – survival, education, and development15. Further, this provision shadows relevant provisions in Presidential Decree 603 (1974)16 and Republic Act 761017 and shall be implemented in and adapted to the regional context, with inclusive policies and affirmative programs and support for children and youth from disadvantaged backgrounds. Furthermore, implies prohibition and zero tolerance on all forms of violence in a school setting, including corporal punishment, bullying, discrimination, and abuse; and towards this “zero tolerance” shall be the adoption of policies to strengthen child and youth protection and penalties against perpetrators.

(l) Integrated Development System. - Integration and promotion of the principles and practice of Gender and Development (GAD), Sustainable Development (SD), Disaster Risk Reduction and Management (DRRM) and Climate Change Adaptation (CCA), Holistic Culture of Peace (CoP)18 and Halal way of living19 and livelihood20 in the regional educational system that is relevant to the regional context and cultural ecology.

Footnotes:
1 Section 2 (m), Article V – Powers of Government, Bangsamoro Organic Law
2 Section 3, Article V – Powers of Government, Bangsamoro Organic Law
3 Section 11, Article VI – Intergovernmental Relations, Bangsamoro Organic Law
4 Section 12, Ibid.
5 Section 13, Ibid.
6 Section 39, Article VII – Bangsamoro Government, Bangsamoro Organic Law
7 Section 41, Ibid.
8 Section 1. Transitional Justice, Article IX – Basic Rights, Bangsamoro Organic Law
9 Section 3. Indigenous Peoples Rights and Section 4. Customary Rights and Traditions, Ibid.
10 Section 15, Article IX Basic Rights, Bangsamoro Organic Law
11 Section 5. Religious Freedom, Indigenous Peoples Rights and Section 4. Customary Rights and Traditions, Ibid.
12 Section 8. Right of Access to Basic Services, Ibid.
13 INEE website - https://inee.org/
14 Republic Act 10821 - Children’s Emergency Relief and Protection Act - https://www.officialgazette.gov.ph/2016/05/18/republic-act-no-10821/
15 Section 13. Rights of the Youth and Section 14. Rights of Children, Article IX – Basic Rights, Bangsamoro Organic Law.
16 Presidential Decree 603 (1974) – The Child and Youth Welfare Code - http://www.chanrobles.com/childandyouthwelfarecodeofthephilippines.htm#.XTN9RegzYr8
17 Republic Act 7610 - Special Protection of Children Against Abuse, Exploitation and Discrimination Act - https://www.pcw.gov.ph/law/republic-act-7610
18 The Holistic Culture of Peace in Mindanao as developed by Notre Dame University and includes the following themes: Inner Peace, Human Rights, Multiculturalism, Environmentalism, Active Non-Violence, Social Justice - https://www.researchgate.net/figure/Flower-petal-Model-of-Peace-Education_fig3_237595471
19 Halal way to a better life for all - https://www.thestar.com.my/opinion/letters/2005/02/01/halal-way-to-a-better-life-for-all/#LJIe3ucxbjkXFEXU.99
20 Halal Livelihood - http://www.alansaar.org/halal-livelihood/