COTABATO CITY ― A measure that would govern the registration, regulation, and development of the cooperatives in BARMM made its first step towards implementation as it entered its first reading in the Bangsamoro Parliament.
The BTA Bill No. 210, or An Act Providing for the
Bangsamoro Cooperative and Social Enterprise Code is a joint effort by Members
of the Parliament Diamila Disimban-Ramos, Atty. Ishak Mastuara, Atty. Lanang
Ali Jr., Rasol Mitmug Jr., Amilbahar Mawallil, Engr. Baintan Ampatuan, Eddie
Alih, Michael Midtimbang, Ali Sangki, and Atty. Suharto Ambolodto.
The comprehensive code, covering 70 pages, consists
of four books, each addressing essential aspects of the cooperative and social
enterprise sectors. These include general provisions, cooperative development,
social enterprise development, and miscellaneous and final provisions.
The BTA Bill No. 210 seeks to establish a clear
legal framework that encourages the creation and expansion of cooperatives as
vital tools to foster economic development and social equity within the BARMM
region. The proposed code will provide explicit guidelines for the
establishment, functioning, and management of cooperatives.
Under the proposed code, a cooperative is defined
as an autonomous and duly registered association of individuals with a shared
interest who voluntarily come together to meet their social, economic, and
cultural needs.
Such cooperatives would contribute equitably to the
capital required, support their products and services, and share the risks and benefits
of their endeavors in accordance with universally accepted cooperative
principles and moral governance.
Meanwhile, social enterprises, under the code, are
characterized as business organizations primarily dedicated to addressing
social, cultural, or environmental challenges, with profit generation for
owners and stakeholders being a secondary concern.
The code emphasizes that all cooperatives in the
BARMM region must operate in alignment with moral governance, local cultures,
values, and experiences, as well as universally recognized cooperative
principles.
It includes voluntary and open membership,
democratic member control, member economic participation, autonomy and
independence, education, training, information sharing, cooperation among
cooperatives, and concern for the community.
Similarly, social enterprises are required to
adhere to principles such as fulfilling Shari’ah objectives, promoting halal
transactions, generating legitimate wealth from business and asset-based
transactions, avoiding haram (forbidden) practices, and sharing risks in
business and financial transactions. The code strictly prohibits usury,
gambling, speculative transactions, and haram products and services within
cooperatives and social enterprises.
To streamline and oversee the viability and growth
of Bangsamoro cooperatives and social enterprises, the code proposes the
establishment of a dedicated governing body, the Cooperatives and Social
Enterprise Authority (CSEA). The agency will be the sole entity responsible for
registering cooperatives and social enterprises in the Bangsamoro Government.
Cooperatives may be classified into different
types, including credit, consumer, producer, marketing, workers, and other
categories determined by the CSEA.
In order to build a strong and enabling environment
for social enterprises, the CSEA will organize the Bangsamoro Social Enterprise
Council (BSEC), an alliance of social enterprise leaders leveraging their
networks, knowledge, and experience.
Once BTA Bill No. 210 is enacted into law, a
Committee on Cooperatives and Social Enterprises will be constituted,
responsible for overseeing all matters related to the regulation and
development of cooperatives and social enterprises, as well as reviewing the
implementation of the code.
MPs Dan Asnawie, Ali Solaiman, Froilyn Mendoza,
Khalid Hadji Abdullah, Tarhata Maglangit, Dr. Kadil Sinolinding Jr., Atty.
Randolph Parcasio, Takawakal Midtimbang, Jaafar Apollo Mikhail Matalam, Engr.
Don Mustapha Loong, MP Akmad Abas, Mohammad Kelie Antao, and Basit Abas are
also co-authors of BTA Bill No. 210. (LTAIS-Public Information, Publication,
and Media Relations Division)
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