Proposals on the Bangsamoro Electoral Code

The National Citizens’ Movement for Free Elections (Namfrel) submitted its position paper on the Bangsamoro Transition Authority (BTA) Bill No. 29, “An Act Providing for the Bangsamoro Electoral Code of the Bangsamoro Autonomous Region in Muslim Mindanao,” or the Bangsamoro Electoral Code (BEC).

The code is intended to govern elections for the Parliament of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) which, under Republic Act No. 11593, is scheduled to be held alongside the 2025 national elections.

Under Article VII of RA 11054, or the Bangsamoro Organic Law, the Parliament will be composed of 80 seats. Half of the members will be representatives of political parties elected through the proportional representation system in the BARMM. Not more than 40 percent of Parliament will be elected from single-member parliament districts. At least 10 percent are reserved seats for sectoral representatives. Non-Moro indigenous peoples and settler communities will have two reserved seats each, while women, youth, traditional leaders, and the ulama will have one sectoral seat each.

Namfrel has proposed that the source and intent of each provision be indicated in the BEC, so that stakeholders would know why some guidelines would be adopted, while others won’t be.

In particular, Namfrel is seeking clarity on the choice of 4 percent as the minimum percentage of votes a party must obtain to enter Parliament. Namfrel has illustrated how the provisions of the draft BEC may not lead to proportional representation, with a party gaining seats that do not correspond to the party’s share in the total number of votes. Namfrel has proposed revisions to ensure that proportional representation would prevail over non-party blocs of independent candidates, and to ensure that party seats are proportionately distributed.

Namfrel is also urging the BTA Parliament to include in the BEC a provision requiring parties to submit a zipper list of women and other nominees for its top 10 seats. A zipper list means that a list beginning with a woman nominee would be followed by a non-woman nominee, and so on. Alternatively, a zipper list could start with a non-woman nominee, followed by a woman nominee, and so on.

Namfrel has also proposed a mechanism for the election of Parliament representatives by the sectors mentioned above, and for increasing the number of reserved seats in Parliament for non-Moro indigenous groups.

Consistent with the trend started by the Sangguniang Kabataan Reform Act, Namfrel has recommended the adoption of the antipolitical dynasty provision in the BEC. Candidates must not be related within the second degree of consanguinity or affinity to any incumbent elected national official or those in the regional, provincial, city, municipal, or barangay levels.

Based on its decadeslong experience as an election monitoring organization and as a citizens’ arm of the Commission on Elections (Comelec), and in accordance with international election standards, Namfrel has recommended that the BEC expressly state the electoral processes that a citizens’ arm may observe, as well as the perimeters it should follow in the performance of its duty to safeguard the election.

To ensure transparency of the vote count, Namfrel has also proposed that copies of the election returns containing the results be distributed to citizens’ arms and the media. Recognizing that the number of volunteers of citizens’ arms based in a specific municipality or city may be limited, Namfrel has urged the BEC to allow volunteers from neighboring areas to serve as poll watchers for citizens’ arms.

To be consistent with national laws on elections, Namfrel has recommended the adoption of guidelines on campaign finance, election materials and propaganda, as well as voting and counting procedures.

Namfrel reserves the right to submit additional position papers to the BTA on the BEC, and will participate in the public hearing scheduled on Oct. 21.

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Namfrel is the first citizens-led, national election monitoring organization in the world. Since 1983, it has been accredited by the Comelec as its citizens’ arm. The present accreditation covers all electoral exercises (excluding regular elections) until May 2025. Namfrel observed the recently concluded Maguindanao plebiscite and the Ormoc plebiscite pursuant to its accreditation. Namfrel has been actively observing the current election procurement process and has been providing related information through its social media channels and open data platform, Vote For Us, at https://voteforus.org.ph.