ARTICLE IX

BASIC RIGHTS

Section 1. Transitional Justice. – The Bangsamoro Parliament, taking into account the report of the Transitional Justice and Reconciliation Commission, shall enact a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people and the indigenous peoples, such as historical injustices, human rights violations, and marginalization through unjust dispossession of territorial and proprietary rights and customary land tenure.

Section 2. Reparation for Unjust Dispossession. – The Parliament shall enact laws providing for adequate reparation to the Bangsamoro people affected by unjust dispossession of territorial and proprietary rights and customary land tenure, which may include payment of just compensation to and relocation of such people. No land title issued by the National Government under the Torrens System shall be invalidated.

Section 3. Indigenous People Rights. – The Bangsamoro Government recognizes the rights of the indigenous peoples and shall adopt measures for the promotion and protection of the following rights:

(a) Native titles or fusaka inged;

(b) Indigenous customs and traditions;

(c) Justice systems and indigenous political structures;

(d) Equitable share in revenues from the utilization of resources in their ancestral lands;

(e) Free, prior and informed consent;

(f) Political participation in the Bangsamoro Government including reserved seats for the non-Moro indigenous peoples in the Parliament;

(g) Basic services; and

(h) Freedom of choice as to their identity

The Bangsamoro Government shall create a ministry for indigenous peoples and shall the primary responsibility to formulate and implement policies, plans, and programs to promote the well-being of all indigenous peoples in the Bangsamoro Autonomous Region in recognition of their ancestral domain as well as their rights thereto.

Any measure enacted by the Parliament shall in no way diminish the rights and privileges granted to indigenous peoples by virtue of the United Nations Declaration of the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights, and other laws pertaining to indigenous peoples in the Bangsamoro Autonomous Region.

This Organic Law shall not in any manner diminish the rights and benefits of the non-Moro indigenous peoples in the Bangsamoro Autonomous Region under the Constitution, national laws, particularly Republic Act. No. 8371, otherwise known as the “Indigenous Peoples’ Rights Act of 1997.”

Section 4. Customary Rights and Traditions. – The customs, beliefs, and traditions of the Bangsamoro people are hereby recognized, protected, and guaranteed.

The parliament shall adopt measures to ensure mutual respect and protection of the distinct beliefs, customs, and traditions of the Bangsamoro people and the other inhabitants in the Bangsamoro Autonomous Region.

No person in the Bangsamoro Autonomous Region shall be subjected to any form of discrimination on account of creed religion, ethnic origin, parentage, or gender.

Section 5. Religious Freedom. The Bangsamoro Government shall guarantee religious freedom and the free exercise thereof pursuant to the Constitution, national laws, and principles of international law. The Bangsamoro Government shall protect all persons from harassment or any undue pressure, coercion, and violence on account of religion. Any establishment and institution shall be free to implement policies and undertake activities pursuant to their respective religious beliefs and values.

Section 6. Human Rights. – The Bangsamoro Government shall fully respect human rights.

Section 7. Bangsamoro Human Rights Commission. – There is hereby created a Bangsamoro Human Rights Commission. The chairperson and two (2) commissioners of the Commission shall be appointed by the President upon recommendation of the Chief Minister. The composition of the Commission shall reflect the ethnic distribution of the population of the Bangsamoro Autonomous Region. The chairperson shall be a member of the Philippine Bar and a resident of the Bangsamoro Autonomous Region. A commissioner shall preferably be a member of the Philippine Bar or holder of bachelor’s degree from colleges or universities recognized by the National Government, and a resident of the Bangsamoro Autonomous Region.

The functions, duties, and responsibilities of the Commission shall be provided by law to be enacted by the Parliament. It shall cooperate and closely coordinate with the National Commission on Human Rights.

The Parliament shall fix the salaries and perquisites of the chairperson and the commissioners of the Commission in consonance with Republic Act No. 6758, as amended.

Social Justice

Section 8. Right of Access to Basic Services. The Bangsamoro Government shall provide, maintain, and ensure the delivery of basic and responsive health programs, quality education, appropriate services, livelihood opportunities, affordable and progressive housing projects, power and electricity, and water supply, among others, to the Bangsamoro people and other inhabitants of the Bangsamoro Autonomous Region. It shall maintain appropriate disaster-preparedness units for immediate and effective relief services to victims of natural and man-made calamities. It shall also ensure the rehabilitation of calamity-affected areas and victims of calamities.

Section 9. Housing and Human Settlements. – The Parliament shall pass a law creating a housing and human settlements agency to address the lack of shelters, settlements, and livelihood for the disadvantaged and homeless, especially those victims of conflicts and atrocities. The agency may directly solicit and receive assistance, donations, aids, and grants from donors for its housing, settlements, and livelihood programs and development.

The Bangsamoro Government, in cooperation with private sector shall develop its own housing and human settlement programs.

Section 10. Rights of Labor. – The Bangsamoro Government shall guarantee the fundamental rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike, in accordance with the Constitution and the Labor Code of the Philippines. In this regard, the rights of workers, whether publicly or privately employed, to form unions, associations or federations shall not be abridged.

The workers shall participate in policy and decision-making processes affecting their rights and benefits, as may be provided by a law that shall be enacted by the Parliament. The rights of workers to security of tenure, humane conditions of work, and a living wage shall be guaranteed. No trafficking of persons and engagement of minors in any hazardous or deleterious forms of employment shall be tolerated.

The Parliament may pass labor laws that expand or enhance the rights stated herein.

Section 11. Participation of Women in the Bangsamoro Government. – Aside from the reserved seat for women in the Parliament, there shall be at least one (1) woman to be appointed to the Bangsamoro Cabinet. The Parliament shall enact a law that gives recognition to the important role of women in nation-building and regional development, ensuring the representation of women in other decision-making and policy-determining bodies of the Bangsamoro Government.

The Parliament shall create by law a commission on women and shall define its powers, functions, and composition.

Section 12. Protection of Women. – The Bangsamoro Government shall uphold and protect the fundamental rights of women, including the right to engage in lawful employment, and to be protected from exploitation, abuse, or discrimination, as embodied in the Convention on the Elimination of all Forms of Discrimination Against Women.

The Parliament shall enact the necessary laws for the implementation of this section.

Section 13. Rights of the Youth. – The Bangsamoro Government shall recognize the vital role of the youth in nation-building, promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate patriotism and nationalism, encourage involvement in public and civic affairs, and promote mental and physical fitness through sports.

The Parliament shall create by law a commission on youth affairs and shall define its powers, functions, and composition.

Section 14. Rights of Children. – The Bangsamoro Government shall respect, protect and promote the rights of children, especially orphans of tender age. They shall be protected from exploitation, abuse or discrimination. Their education and development, both physical and mental, shall be protected from exploitation, abuse, or discrimination. Their education and development, both physical and mental shall be fully addressed.

Bangsamoro policies and programs shall take into utmost consideration the best interest of children, and promote and protect the rights of children, youth, and adolescents, including their survival and development.

The Bangsamoro Government and its constituent local government units shall provide for adequate funding and effective mechanisms for the implementation of this policy.

Section 15. Settler Communities. – The Bangsamoro Government shall ensure that settlers enjoy the rights guaranteed in this Organic Law. For this purpose, the Parliament shall create an office for settler communities to promote the welfare and address issues and concerns of settlers in the Bangsamoro Autonomous Region.

Education

Section 16. Integrated System of Quality Education. – It shall be a top priority of the Bangsamoro Government to establish, maintain, and support a complete and integrated system of quality education, which shall be a subsystem of the national education system. The Bangsamoro Government shall develop an educational framework relevant and responsive to the needs, ideals, and aspirations of the Bangsamoro people. For this purpose, the Bangsamoro Government shall conform to the minimum standards set by the National Government.

The Bangsamoro Government shall institutionalize peace education in all levels of education.

Any school, college or university existing in the Bangsamoro Autonomous Region as of the effectivity of this Organic Law, and such other schools and institutions that may be established hereinafter shall be deemed integral components of the educational system of the Bangsamoro Autonomous Region, and shall be governed by their respective charters. The National Government shall continue to support, enhance, and strengthen the Mindanao State University System.

The Chairperson of the appropriate committee in the Parliament shall be a member in the boards of the state universities and colleges in the Bangsamoro Autonomous Region.

The Bangsamoro Government shall supervise and regulate private schools, including sectarian and nonsectarian institutions of learning in any level. Three (3) representatives of private schools shall have the right to participate in the deliberations of the appropriate Bangsamoro Government ministry, and Bangsamoro offices of the Commission on Higher Education, Technical Education and Skills Development Authority, and other government agencies on matters dealing with private schools.

The right of sectarian and educational institutions to propagate their religious beliefs shall not be curtailed. The regional educational system shall not discriminate against the sectarian educational institutions in any manner or form.

Section 17. Vocational, Technical,. Nonformal, and Special Education. – The thrusts and programs of vocational, technical, nonformal, and special education of the Bangsamoro Autonomous Region educational system for the poor, illiterate, out-of-school youth, persons with special needs, disadvantaged, and senior citizens shall be supportive and relevant to the human resource requirements of the Bangsamoro Autonomous Region, which shall conform to the minimum standards set by the National Government.

Section 18. Madaris Educational System, Islamic and Arabic Studies. – In coordination with the Department of Education, Commission on Higher Education, and the Technical Education and Skills and Development Authority, The Bangsamoro Government shall establish, maintain, and supervise Madaris education in the Bangsamoro Autonomous Region. In the case of Madaris teachers, the Civil Service Commission shall promulgate rules and regulations to set the standards for their qualifications, appointments, and promotions.

The Bangsamoro Government shall ensure the integration on the elementary and high school education curricula the teaching of Islamic and Arabic studies for Muslim pupils and students in public schools.

The Parliament shall enact legislation to develop and strengthen the Madaris educational system in the Bangsamoro Autonomous Region.

Section 19. Tribal University System. – The Parliament shall create a tribal university system in the Bangsamoro Government to address the higher educational needs of the non-Moro indigenous peoples.

The Parliament shall pass a law to recognize and support the indigenous peoples’ educational system for its integration in the Bangsamoro educational system.

Section 20. Physical Education, Sports Development, and Bangsamoro Sports Commission. – The Bangsamoro educational system shall develop and maintain an integrated and comprehensive , physical education program. It shall develop healthy, disciplined, innovative, and productive individuals, and promote sportsmanship, cooperation, and teamwork.

The Bangsamoro educational system shall encourage and supports programs, league competitions, indigenous games, martial arts, and amateur sports including training for regional, national, and international competitions.

The Parliament shall pass a law creating a Bangsamoro sports commission.

Science and Technology

Section 21. Science and Technology. – The Bangsamoro Government recognizes science and technology as essential to national and regional progress. The Bangsamoro Government shall give priority to science, research, inventions, technology education, and their development. It shall ensure the full and effective participation of all sectors in the planning, programming, coordination, and implementation of scientific and technological researches. The Bangsamoro Government shall prioritize the acquisition, adoption, innovation, and application of science and technology for development.

Health

Section 22. Comprehensive and Integrated Health Service Delivery. – The Bangsamoro Government shall adopt a policy on health that provides for a comprehensive and integrated health service delivery for its constituents. It shall establish by law a general hospital system to serve the health requirements of its people and ensure that the individual basic right to life shall be attainable through the prompt intervention of excellent and affordable medical services.

The Bangsamoro Government shall protect and promote the right to health of the people and instill health consciousness among them. It shall also uphold the peoples’ right to have access to essential goods health, and other social services that promote their well-being. The Parliament shall enact appropriate legislation towards this end, including the regulation of the manufacture and distribution of food, drinks, drugs, and tobacco in accordance with the policies, rules and regulations of concerned national government agencies.

The Bangsamoro Government shall assist and cooperate with the National Government in the provision of quarantine services for the prevention and control of epidemic and other communicable diseases.

Section 23. Support for Persons with Special Needs, Senior Citizens, and Disadvantaged Groups. – The Bangsamoro Government shall establish a special agency, support facilities and livelihood or skills training for person with special needs, and other disadvantaged persons for their rehabilitation and productive integration into mainstream society.

The Bangsamoro Government shall coordinate all existing governmental and nongovernmental agencies concerned with the rehabilitation and education of these persons.

The Bangsamoro Government shall ensure the welfare of senior citizens by upholding their rights and providing the benefits and privileges they presently enjoy.

Arts and Culture

Section 24. Preservation of the Cultural Heritage of the Bangsamoro People. – The Bangsamoro Government shall preserve the history, culture , arts, traditions, and the rich cultural heritage of the Bangsamoro people and their Sultanates, such as those of Sulu, Maguindanao, Kabuntalan, Buayan, the Royal House of Ranao and of the Iranum, and the non-Moro indigenous peoples of the Bangsamoro Autonomous Region. For this purpose it shall create the Bangsamoro Commission for the Preservation of Cultural Heritage in coordination with the appropriate and relevant national government agencies.

Section 25. Primary Responsibility of the Bangsamoro Commission for the Preservation of Cultural Heritage. – The Bangsamoro Commission for the Preservation of Cultural Heritage shall have the primary responsibility to write the history of the Bangsamoro people and to establish and sustain the cultural institutions, programs, and projects in the Bangsamoro Autonomous Region. The Commission shall coordinate and work closely with the National Commission for Culture and the Arts, National Historical Commission of the Philippines, National Museum of the Philippines, and other concerned cultural agencies for the preservation of cultural heritage, shall establish libraries and museums, declare and restore historical shrines and cultural sites to preserve the Bangsamoro heritage for posterity. The Commission shall ensure the inclusion of Philippine history, culture and heritage in the establishment of museums and similar institutions, programs and projects to foster unity among the Filipinos.

Section 26. Management of Bangsamoro Historical and Cultural Sites. – The National Government shall transfer the management of Bangsamoro historical and cultural sites currently under the jurisdiction of the National Museum of the Philippines, National Historical Commission of the Philippines, and other agencies of the National Government to the Bangsamoro Commission for the Preservation of Cultural Heritage through intergovernmental relations mechanisms. The Bangsamoro Commission for the Preservation of Cultural Heritage shall coordinate with relevant agencies of the National Government on the regulation, excavation, and preservation of cultural artifacts and on the recovery of lost historical and cultural heritage.