Filed
First Reading
Referred to the Committee on Women, Youth, Children, and Persons with Disability, Committee on AccountsNow
Parliament Bill No. 26
In committeeAn Act Creating the Women’s Caucus in the Bangsamoro Parliament, Providing for Its Powers, Functions, and Composition
Filed
First Reading
Referred to the Committee on Women, Youth, Children, and Persons with Disability, Committee on AccountsNow
Under committee study or floor debate. Amendments are still possible, and this is the stage where public input carries the most weight.
What this measure does
This creates a Women's Caucus in the Bangsamoro Parliament and gives it standing the Parliament's own rules cannot take away.
Membership is automatic. On constitution, all incumbent female Members of Parliament are deemed to comprise the Caucus unless an individual asks to be excluded — and Section 6 defines that membership to include "transgender, non-binary and gender non-conforming women". Requests to leave or join go to the Speaker until a Chairperson is elected and to the Chairperson afterwards, and no one may join or leave while an election for Chairperson is pending.
The officers are a Chairperson, Vice-Chairperson and Secretary elected from the membership, and Section 7 requires that the 3 come from different parliamentary parties or party groupings. The Chairperson presides, acts as de facto spokesperson and represents the Caucus in matters relating to the Parliament.
The Caucus's mandate is legislative: consolidate representation for women's issues and sharpen a legislative agenda on them, build and mobilise political consensus among members to pass those laws, encourage women's presence in decision-making, work to eliminate gender-based distinction, exclusion or restriction through legislation, and promote women's participation in politics. Within 60 days of electing its Chairperson it must complete a comprehensive Women's Legislative Agenda listing the bills it intends to pursue, and it may add bills and amendments at any time in its term. Subcommittees are created to support the work, beginning with one on women's rights and gender equality.
Section 11 is the provision with teeth. No parliamentary rule may be implemented to impair the Caucus's privilege to present its advocacies, proposals, critiques or sentiments to the Parliament on request — in a committee hearing, an executive session or a plenary session — unless doing so would be contrary to the Constitution or any law.
Why it was proposed
The declaration grounds the Caucus in 3 instruments: Article II Section 14 of the Constitution, which recognises the role of women in nation-building; Article XIII Section 14, on the protection of working women; and Article X Section 11 of the Bangsamoro Organic Law.
The practical case is about how a minority bloc gets legislation passed. Women members of any parliament are outnumbered, and individual bills on women's issues compete for floor time against everything else. A caucus with a published agenda, a spokesperson and a guaranteed right to be heard converts scattered individual effort into a bloc that can bargain.
Who it affects
- All incumbent female Members of Parliament, who become members automatically unless they opt out.
- Transgender, non-binary and gender non-conforming members, expressly included in the definition of membership.
- The Speaker, who receives exclusion requests until a Chairperson is elected.
- Parliamentary parties, since the Caucus's 3 officers must come from different parties or groupings.
- The Parliament as a whole, whose rules may not be used to prevent the Caucus from being heard.
- Women in the region, as the intended beneficiaries of the Women's Legislative Agenda.
Who would implement it
- The Women's Caucus itself, which elects its officers, promulgates its own internal rules and formulates the Women's Legislative Agenda within 60 days
- Subcommittees created by the Act, beginning with the Subcommittee on Women's Rights and Gender Equality
- The Bangsamoro Parliament, required to include the Caucus's operating and maintenance costs in its proposed budget
Funding
Carries an appropriation. No amount is named. Initial implementation is charged against the current year's Contingent Fund as appropriated, with later requirements in the annual Bangsamoro appropriations act, and the Parliament is directed to include the Caucus's operation and maintenance in its own proposed budget.
What changes if it becomes law
- Women members of Parliament gain a caucus with automatic membership, officers and a published legislative agenda.
- The Caucus acquires a right to be heard in committee, executive session or plenary that parliamentary rules may not override.
- Its 3 officers must come from different parties, so no single bloc can control it.
- A Women's Legislative Agenda must be produced within 60 days and may be amended throughout the term.
- The Parliament must budget for the Caucus's operation.
Raised during deliberations
No published record of the debate on this measure. Parliament’s journals cover sittings up to March 2023 only, and no committee report on it has been published.
What to notice
Section 11 is what distinguishes this from a voluntary grouping, and it is an unusual thing for a legislature to be asked to enact. Caucuses normally exist by custom and are heard at the Speaker's discretion; this bill would make the right to be heard a statutory privilege that the chamber's own rules cannot impair. That is a real transfer of control over floor and committee time away from whoever holds the gavel, and it is the provision a Parliament would find hardest to pass — which is worth noting about a bill that has sat at Committee Stage since September 2022.
Requiring the Chairperson, Vice-Chairperson and Secretary to come from different parliamentary parties is the other piece of structural thinking, and it solves a predictable failure. A caucus captured by the governing bloc becomes an arm of the government; one captured by the opposition becomes a platform for it. Distributing the 3 offices across parties makes the Caucus useless as a partisan instrument and therefore credible as a bloc that can deliver votes from more than 1 side.
Section 6's definition of membership is the provision that will draw most attention, and it should be reported precisely: the bill deems the Caucus to comprise all incumbent female members "including transgender, non-binary and gender non-conforming women". Whatever position a reader takes on it, 2 things are factually true. It is the only reference of its kind anywhere in this registry. And it appears in a bill filed by the same member whose transitional justice package makes up 5 of the measures here, in a Parliament legislating for a Muslim-majority region — which is to say it was a deliberate inclusion rather than boilerplate, and the filed copy records it.
The opt-out is a quieter piece of care. Membership is automatic but not compulsory: a member may ask the Speaker to be excluded, and may later ask the Chairperson to leave or join, with the Secretary keeping a record of every such request. A caucus nobody can leave is a caucus whose statements bind members who never agreed to them, and the bill avoids that without making membership something each woman must affirmatively claim.
Sources