Name and Purpose
Q: What is the purpose of this new law?
A: The purpose of the draft Basic Law is to establish the new Bangsamoro political entity and provide for its basic structure of government, in recognition of the aspirations of the Bangsamoro people. (Section 3)
Q: Who are the Bangsamoro people?
A: Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their spouses, and descendants. (Section 1)
Q: Why is it necessary for the Bangsamoro to have an official flag?
A: A Philippine government entity, such as the Bangsamoro is authorized to have its own flag under Section 44 of Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines.
Q: What comprises the Bangsamoro territory?
A: The Bangsamoro territory is composed of the land mass, maritime, terrestrial, alluvial and aerial domain. Section 1 expressly states that the Bangsamoro territory remains part of the Philippines Likewise, the draft Basic Law provides that the Bangsamoro shall respect and adhere to the Philippines’ international treaties and agreements. Thus, whatever power that the Bangsamoro may exercise over its territory must be consistent with and not contravene the country’s international obligations and commitments. (Article IV, Section 8) The local government units that will comprise the Bangsamoro territory will be determined through the plebiscite for the ratification of this Basic Law (Article XV, Section 3)
Q: What is the extent of the Bangsamoro’s maritime jurisdiction?
A: The Bangsamoro has jurisdiction over waters that extend up to 12 nautical miles from the low-water mark of the coasts. This is referred to as the Bangsamoro waters – where the Bangsamoro Government is granted certain rights over the resources therein. (Section 5)
General Principles and Policies
Q: The draft Basic Law provides that the Bangsamoro Government will have a parliamentary form of government. Is this consistent with a democratic form of government, provided in the Constitution?
A: Yes, a parliamentary system is democratic. A parliamentary system is a form of government where the executive is formed by the legislature, i.e., the Chief Executive (who is the head of the executive) is elected by the legislature. Therefore, the Chief Executive is indirectly elected. A democracy, is a system of government which derives its legitimacy from the people. Hence, eligible citizens participate, directly or indirectly, in the election of their representatives in government. Under the draft Basic Law, the Bangsamoro Government is democratic because all members of Parliament will be elected as representatives of the Bangsamoro People. Consistent with the Constitution, both the executive and legislative in a parliamentary system shall be elective and representative of its constituent political units. (See Article VII)
Q: Is a parliamentary form of government allowed by the Constitution?
A: Yes, the Constitution left it to the wisdom of Congress to determine the appropriate government structures for local government units and the autonomous regions. Specifically, Section 18, Article X of the 1987 Constitution provides that the Organic Act (the Basic Law in the case of the Bangsamoro) for Autonomous Regions “shall define the basic structure of government *** consisting of the executive department and the legislative assembly.
Powers of Government
Q: What do the terms “reserved”, “exclusive”, and “concurrent” mean?
A: Reserved powers are matters over which authority and jurisdiction are exercised by the National Government. The reserved powers enumerated in the Annex on Power Sharing remains the same. Only the National Government can exercise power or authority over national defense and security, foreign relations, monetary policy, customs and tariffs, among others. Concurrent powers refer to the powers shared between the National Government and the Bangsamoro Government. In the exercise of these concurrent powers, the concerned ministries of the Bangsamoro Government are required to cooperate and coordinate with the National Government. Exclusive powers are matters over which authority and jurisdiction pertain to the Bangsamoro Government. (Sections 1 to 4) All issues that may result in a conflict between the National and Bangsamoro Governments, or may arise from the exercise of powers enumerated in Art. V, shall be resolved by an intergovernmental relations mechanism. Unresolved issues shall be elevated to the President, through the Chief Minister. (See
Q: The draft Basic Law creates Bangsamoro offices that exercise functions related to those vested in constitutional bodies? How will these bodies relate to each other?
A: The draft Basic Law creates the following bodies:
(i) The Bangsamoro auditing body which shall have auditing responsibility over public funds utilized by the Bangsamoro Government, without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts, pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs; (Art. V, Section 2(7))
(ii) The Bangsamoro Civil Service Office which shall develop and administer Bangsamoro government employees and officers, without prejudice to the Civil Service Commission’s powers; (Art. V, Section 2(8))
(iii) The Bangsamoro Electoral Office which shall be part of the Commission on Elections; (Art. VII, Section 9)
(iv) The Bangsamoro Police which shall be part of the Philippine National Police; (Art. XVI, Section 2)
(v) The Bangsamoro Commission on Human Rights (BCHR) which shall have investigatory and prosecutorial powers. In the performance of its functions, the BCHR may coordinate with the Commission on Human Rights; (Art. IX, Section 7)
(vi) The Bangsamoro Regional Police Board which shall be part of the NAPOLCOM and will perform the functions of NAPOLCOM in the region; (Art. XVI, Sections 5,6).
Q: What is the scope of the Bangsamoro Government’s powers over financial and banking systems in the Bangsamoro?
A: Without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas, the Bangsamoro Government shall encourage the development of Islamic Banking. Under the draft Basic Law, a Shari’ah supervisory board may be created specifically for this purpose. Towards this end, the Bangsamoro Government is also authorized to participate in the management of the Al- Amanah Islamic Investment Bank. (Article V, Section 3 (13); Article XII, Sections 30, 36)
Q: What is the scope of the Bangsamoro Government’s regulatory power over power generation, transmission, and distribution?
A: The draft Basic Law allows the Bangsamoro Government the power to regulate power generation, transmission and distribution facilities in the Bangsamoro which are not connected to the Grid. Through this authority, it is endeavored that the Bangsamoro Government will be able to spur the establishment of generation and other power facilities in the area that will allow them to address the needs of the inhabitants of the Bangsamoro. (Section 3 (15))
Q: What is the scope of the Bangsamoro Government’s power to create, divide, merge, abolish or substantially alter boundaries of local government units?
A: The power to create, divide, merge, abolish or substantially alter boundaries of local government units granted to the Bangsamoro Parliament is consistent with the power granted to other local government units in Sections 6 to 10 of Chapter II, Title I of the Local Government Code of 1991 and is similarly subject to the limitations provided by the Constitution.
Q: What will happen to the powers granted to the ARMM under Republic Act No. 9054?
A: Republic Act No. 9054 will be expressly repealed by the enactment of the Basic Law. However, the draft Basic Law adopts certain powers already devolved to the ARMM, which are enumerated under Art. V, Section 4. The Annex on Power Sharing specifically allows the Bangsamoro Transition Commission—that prepared the draft Basic Law—to select powers under Republic Act No. 9054 relevant to the Framework Agreement on the Bangsamoro, and adopt these in the Basic Law.
Q: Describe the relationship between the National and Bangsamoro Governments?
A:The relationship between the National and Bangsamoro Governments shall be asymmetric. It is asymmetric because it is distinct from the relationship between the National Government and other local government units. Specifically, the Constitution (Art. X, Sec, 20) confers the Bangsamoro Government, as an autonomous region, with legislative powers over such matters as administrative organization, and ancestral domain—which is not granted to local government units. However, similar to local government units, the President’s power of general supervision remains. (Sections 1,3)
Q: What is the Intergovernmental Relations Mechanism?
A: A “Central Government – Bangsamoro Government Intergovernmental Relations Body” shall be established to resolve any issues that may arise relating to the exercise within the Bangsamoro of the respective powers of the National Government and the Bangsamoro Government, through consultations and continuing negotiations in a non-adversarial manner. All unresolved issues shall be elevated to the President, through the Chief Minister. (Section 4) The draft Basic Law also provides for a Philippine Congress-Bangsamoro Parliament Forum for purposes of cooperation and coordination of legislative initiatives. (Section 8)
Q: Describe the relationship between the Bangsamoro Government and its constituent local government units.
A: The National and Bangsamoro Governments accept the concept of devolution as inspired by the principles of subsidiarity. The provinces, cities, municipalities, barangays, and geographic areas within its territory shall be the constituent units of the Bagnsamoro. The privileges already enjoyed by the local government units within the Bangsamoro under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance. (Sections 6,7) To ensure mutual cooperation and cohesion between the Bangsamoro Government and its constituent LGUs, a Council of Leaders shall likewise be established. (Section 5)
Q: Is the National Government giving the Bangsamoro undue preference for positions in National Offices?
A: No. Although, it shall be the policy of the National Government to appoint competent and qualified inhabitants of the Bangsamoro in certain National Government offices [at least one (1) Cabinet Secretary; at least one (1) in each of the other departments, offices and bureaus, holding executive, primarily confidential, highly technical, policy-determining positions; and one (1) Commissioner in each of the constitutional bodies (Article VI, Section 9), at least one (1) justice in the Supreme Court; and two (2) justices in the Court of Appeals (Article X, Section 27)] this does not remove the discretion of the President to appoint qualified persons from other sectors.
Q: What is the relationship between the Bangsamoro Electoral Code and Batas Pambansa Blg. 81, otherwise known as the Omnibus Election Code?
A: The Bangsamoro Electoral Code will be enacted to specifically govern parliamentary elections in the Bangsamoro, and shall be correlated to all national election laws, including Batas Pambansa Blg. 81. (Section 9)
Q: What is the composition of the Bangsamoro Parliament? How are seats in Bangsamoro Parliament classified and allocated?
A: The Bangsamoro Parliament shall have at least sixty (60) members – fifty percent (50%) of which shall be elected through a system of proportional representation; forty per cent (40%) from single member districts, and ten percent (10%) will be elected to reserved seats, representing key sectors in the Bangsamoro. The Bangsamoro Parliament shall have two reserved seats each for non-Moro indigenous communities and settler communities. Women shall also have a reserved seat. (Sections 4, 5)
Q: What is the process for the filling of reserved seats for IPs/ICCs?
A: Reserved seats for non-Moro indigenous peoples shall be filled pursuant to their customary laws and indigenous processes. (Section 6)
Q: How does a member of the Bangsamoro Parliament forfeit his seat?
A: A member of the Bangsamoro Parliament shall forfeit his/her seat if: (i) He or she resigns voluntarily through a written or oral declaration in Parliament; (ii) He or she is convicted of a grave offense as stipulated in the House Rules that the Bangsamoro Parliament will promulgate, or treason, high crimes, heinous crimes, crimes against morality, or other crimes punishable by more than six (6) years; (iii) He or she becomes permanently physically or mentally incapacitated and is unable to discharge his/her duties as Member of Parliament or dies while in office; (iv) He or she, having been elected under the proportional representation system, is replaced by the party to which he/she belongs with another member of said party; (v) He or she, having been elected under the proportional representation system, transfers to another party during his/her incumbency as member of Bangsamoro Parliament; (vi) Such other grounds as may be provided under the Bangsamoro Electoral Code. (Section 16)
Q: How will the vacancy created by the forfeiture be filled?
A: A vacancy in a Proportional Representation Seat shall be filled by the party to which that seat belongs. A vacancy in a District Seat previously occupied by a member affiliated to a party shall be filled by that party, who shall nominate a replacement. A vacancy in a District Seat previously occupied by an unaffiliated member shall be filled through special election, conducted in the manner prescribed by law enacted by the Bangsamoro Parliament. (Section 17)
Q: Can any political party run in the Bangsamoro elections?
A: No, only regional political parties that are duly accredited by the Bangsamoro Electoral Office may participate in the parliamentary elections in the Bangsamoro. (Section 7)
Q: How long is the term of office of the members of the Parliament?
A: A Member of Parliament shall serve for three (3) years, unless otherwise provided by law passed by the Bangsamoro Parliament. However, no member shall serve for more than three consecutive terms. (Section 11)
Q: What are the qualifications of the members of the Parliament?
A: A member of the Bangsamoro Parliament shall be a citizen of the Philippines, at least twenty-five years of age on the day of the election, able to read and write, and a registered voter in the Bangsamoro. In addition, District Representatives must be a registered voter of the district in which he or she is a candidate on the day of filing of the certificate of candidacy, and has resided in said district for at least three years immediately preceding the day of the election. (Section 12)
Q: How will the election of the officers of the Bangsamoro Parliament be conducted?
A: On the first session following their election, the members of the Bangsamoro Parliament shall, in open session, elect by a simple majority vote from all its members the Speaker, and the other officers of the Bangsamoro Parliament as the House Rules of the Bangsamoro Parliament may provide. (Section 20)
Q: Who is and what are the tasks of the Presiding Officer?
A: The Speaker, Deputy Speaker, or any other person presiding over the Bangsamoro Parliament shall be responsible for ensuring the rights and privileges of all members and public access to the proceeding of the Bangsamoro Parliament and its committees. He or she shall have the authority and moral ascendancy to maintain order and decorum in the Bangsamoro Parliament, in accordance with its House Rules. He or she shall act impartially, and without fear, favor and prejudice. (Section 21)
Q: The Bangsamoro Parliament exercises both legislative and executive functions. How are executive powers exercised?
A: Executive authority shall be exercised by the Bangsamoro Cabinet, which shall be headed by a Chief Minister. The Chief Minister shall be elected by a majority vote of the Parliament from among its members. The Chief Minister shall appoint the Deputy Chief Minister from among the Members of Parliament, and the members of the Cabinet, majority of whom shall also come from the Parliament. (Section 3)
Q: What are the qualifications of the Chief Minister?
A: The Chief Minister shall be at least twenty-five years of age at the time of the election, a bona fide resident of the Bangsamoro for three years immediately preceding the day of the elections, and with proven competence and probity, mentally fit, and known for his/her integrity and high moral standards. (Section 28) Q: What are the Powers, Duties and Functions of the Chief Minister? A: The Chief Minister shall exercise the following powers, duties and functions: (i) Heads the government of the Bangsamoro; (ii) Appoints heads of ministries, agencies, bureaus, offices of the Bangsamoro Government or other officers of Bangsamoro owned or controlled corporations or entities with original charters; (iii) Appoints other officers in the Bangsamoro Government, as may be provided by the Parliament; (iv) Formulates platform of government subject to approval by the Parliament; (v) Issues executive orders and other policies of the Bangsamoro Government; (vi) Represents the government of the Bangsamoro in affairs outside the Bangsamoro; and (vii) Exercises such other powers and functions inherent to the position. (Section 30) The Chief Minister shall also be an ex-officio member of the National Security Council (NSC) on matters concerning the Bangsamoro and of the National Economic and Development Authority Board (NEDA). (Section 32)
Q: Why will there be a vote of no confidence against the government?
A: Parliament may vote against the government, through a vote of no confidence by two-thirds (2/3) of its members, for a variety of reasons, e.g., when there are serious allegations of corruption rendering the Chief Minister or his or her Cabinet unfit to continue holding his or her/their position/s.
Q: Who will be in charge of the Bangsamoro in case Parliament is dissolved?
A: In case of dissolution, the incumbent Chief Minister and the Cabinet shall continue to conduct the affairs of the Bangsamoro Government until a new Parliament is convened and a Chief Minister is elected and has qualified. (Section 34)
Q: Who is the Wali?
A: The Wali shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali shall also be under the supervision of the President.
Q: What are basic rights; what is their nature?
A: Basic rights are those guaranteed by the Bangsamoro Government to its constituents. These include those already enjoyed by all Filipino citizens as well as the right to pursue democratically political aspirations; the right of women to meaningful political participation and protection from all forms of violence; the right to freedom from religious, ethnic and sectarian harassment; and the right to free public education in the elementary and high school levels. (Section 1)
Q: How will human rights be protected in the Bangsamoro?
A: Under the draft Basic Law, all laws and policies are required to conform to international human rights and humanitarian standards. The rights under the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights, and other international human rights instruments are guaranteed by the National Government and the Bangsamoro Government. (Section 2)
Q: What is the Bangsamoro Commission for the Preservation of Cultural Heritage (BCPHP)?
A: The BCPCH is created to preserve the culture, arts and tradition of the Bangsamoro through the management of cultural and historical sites, and establishment of libraries and museums. Its primary responsibility includes writing the history of the Bangsamoro people and establishing and sustaining the cultural institutions, programs and projects in the Bangsamoro component areas. (Sections 19 to 21)
Q: How will the right to health be promoted in the Bangsamoro?
A: The right to health is promoted through the delivery of comprehensive and integrated health service and support for persons with disability. (Article IX, Sections 15 and 16)
Q: What is the transitional justice mechanism?
A: This is a mechanism to address the grievances of the Bangsamoro people, such as historical injustices, human rights violations, marginalization through unjust dispossession of their territorial and proprietary rights and customary land tenure. (Section 4)
Q: How will the right to political participation of sectors in the Bangsamoro be promoted?
A: Seats for IPs, women, and other sectors shall be allocated in the Bangsamoro assembly and ministers responsible for promoting their rights and welfare may be appointed. (Section 5, 11)
Q: What does the draft Basic Law provide on the rights of the indigenous peoples/indigenous cultural communities (IPs/ICCs)?
A: The draft Basic Law recognizes the following rights of IPs/ICCs: (i) Right to native titles and/or fusaka inged; (Art. IX, Sec. 5) (ii) Preferential right to explore, develop, and utilize natural resources within areas covered by their native titles. In case these activities are to be undertaken by the Bangsamoro Government, or an authorized concessionaire, the free and prior informed consent of the holder of the native title is required; (Art. XIII, Section 12) (iii) Right to an equitable share in revenues from the exploration, development, and utilization of natural resources within areas covered by their native titles. The Bangsamoro Parliament shall enact a law for this purpose; (Art. XII, Section 34; Art. XIII, Section 12) (iv) Right to political participation, including to reserved seats for non-Moro IPs/ICCs in the Bansgamoro Parliament. The seats shall be filled pursuant to their customary laws and indigenous processes. (Art. VII, Section 6); (v) Right to education through the establishment of a tribal university system that will address the higher educational needs of the indigenous cultural communities in the region; (Art. IX, Section 14) (vi) Recognition of a traditional/tribal justice system. The Bangsamoro Parliament shall enact laws for this purpose, and an Office for Traditional/Tribal Justice System shall also be created. (Art. X, Sections 23, 24) (vii) Recognition of indigenous structures, or systems which promote peace, law and order; (Art. XI, Section 18) (viii) Other rights provided in the United Nations Declaration on the Rights of Indigenous Peoples (Art. IX, Section 5) The draft Basic Law also mandates the creation of an office for the IPs/ICCs in the Bangsamoro, the head of which shall automatically become a member in the cabinet. (Article V, Section 3(30))
Q: What is the goal of the article on Fiscal Autonomy?
A: Main objective is to make the Bangsamoro Government fiscally autonomous (Section 1). The funding mechanisms employed in this law will allow the Bangsamoro Government to become self-sufficient and will no longer need funding from the National Government to provide for the needs of its constituents.
Q: What taxing powers are to be devolved to the Bangsamoro Government?
A: Apart from the taxes that were granted previously to ARMM, the Bangsamoro Government can now impose and collect four national taxes – Capital Gains Tax, Donor’s Tax, Estate Tax and Documentary Stamp Taxes provided that all the taxable elements are within the Bangsamoro. (Sec. 9)
Q: Will the Bangsamoro Government get a share in the taxes that will continue to be levied by the National Government?
A: Yes. As for national taxes, fees and charges collected by the National Government within the Bangsamoro, 75% shall be shared with the Bangsamoro and its constituent local government units. The ARMM currently gets a 70% share. (Section 10) These national taxes include income taxes, VAT and other percentage taxes, but exclude tariff and customs duties.
Q: Who will conduct tax administration within the Bangsamoro?
A: The Bangsamoro Government may create its own tax office to collect taxes in the Bangsamoro. (Sec. 11) The National Government will assist the Bangsamoro Government in the matter of tax administration and fiscal management. This assistance shall include capacity building and training programs, in accordance with a needs assessment and capacity building plan developed by the Bangsamoro Government in consultation with the National Government. (sec. 4)
Q: What is the Annual Block Grant (ABG)?
A: The ABG refers to the automatic appropriation that will be released regularly to the Bangsamoro Government. (Sections 17)
Q: How much is the ABG?
A: For the budget year immediately following the year the draft Basic Law takes effect, the amount of the ABG shall be equivalent to four per cent (4%) of the net national internal revenue collection of the BIR, less the internal revenue allotment of local government units. The ABG may however be adjusted if there occurs (a) a change in the total land area of the Bangsamoro (i.e. if not all the LGUs mentioned in the law and FAB vote to be part of the Bangsamoro); and (b) unmanageable fiscal deficit – in which case the ABG may be decreased. (Section 16)
Q: Will the Bangsamoro Government receive other amounts from the National Government?
A: Yes, the Bangsamoro Government will receive additional funds that would subsidize expenditures for development projects and infrastructure projects in the first years of the Bangsamoro. (Section 21) A Special Development Fund (SDF) will also be established for the rehabilitation of the region (
See Art. XIV). The Bangsamoro Transition Authority (BTA) will also receive an initial funding to enable it to organize the bureaucracy, hire personnel, and exercise its functions. (Art. XVI, Section 13).
Q: Are the amounts appropriated for the Bangsamoro excessive?
A: The funding support to the Bangsamoro Government should be viewed in its totality (i.e., ABG, the SDF, the subsidies, the BTA funding). The total amount is what the National Government deems is sufficient and necessary considering (i) the amounts received from the National Government by other similarly-situated regions such as Regions VIII and XII (the regions with the second and third highest poverty incidence in its populations), (ii) the amounts currently received by the ARMM Government, and (iii) the need for the Bangsamoro region to catch up with the rest of the country.
Q: What are the Bangsamoro Government’s other sources of revenue? A: The other revenue sources are: a. Loans, whether foreign or domestic, which the Bangsamoro Government is authorized to contract (Section 21 A)
Q: Where will the plebiscite for the creation of the Bangsamoro be conducted:
A: The plebiscite for the creation of the Bangsamoro shall be conducted in (a) the present geographical area of the Autonomous Region in Muslim Mindanao; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is resolution of the local government unit or a petition of at least ten percent (10%) of the registered voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Basic Law.
Q: After the creation of the Bangsamoro, can an interested local government unit still join the region?
A: After the creation of the Bangsamoro, any contiguous local government unit or geographic area outside the Bangsamoro may, by a verified petition, filed by at least 10% of its registered voters, ask for its inclusion in the Bangsamoro, and for the conduct of a plebiscite for these purposes.
Bangsamoro Transition Authority
Q: What will happen in the period between the ratification in a plebiscite of the draft Basic Law and the assumption into office of the elected members of the Bangsamoro Parliament?
A: The Bangsamoro Transition Authority (BTA) shall serve as the interim government of the Bangsamoro during this period, and shall exercise executive and legislative functions for this purpose. (Sections 2 and 3) The BTA shall operate in accordance with the draft Basic Law, and a Transition Plan to be crafted by them. The interim Chief Minister shall prepare and submit a Transition Plan within sixty days from ratification of the draft Basic Law for approval by the rest of the BTA. Subsequently, the BTA shall act on or approve the Transition Plan within ten days from submission. The Transition Plan will be implemented within fifteen days from the approval by the BTA.
Q: Under the draft Basic Law, the President is authorized to appoint all fifty members of the BTA. Who will the members be?
A: The Moro Islamic Liberation Front shall lead the BTA. At the same time, there are several safeguards to ensure that BTA composition is representative and inclusive. The draft Basic Law expressly mandates that non-Moro IPs/ICCs, women, settler communities, and other sectors shall be represented in the BTA. Further, the process of appointment allows for the submission of nominations to the Office of the President. (Section 2)
Q: What will happen to ARMM employees, and other employees of national government agencies whose functions will now be devolved to the Bangsamoro Government?
A: All employees affected by the gradual phase-out of ARMM and regional offices of national government agencies may be absorbed, transferred, or separated from service. Separation pay, and other benefits required to be paid under law shall be paid to these affected employees by the National Government. (Sections 9,10) In specific regard to ARMM Government employees, appointive officials of the ARMM Government shall continue to exercise their functions during the phase-out. The absorption or re-hiring of ARMM Government employees shall be in accordance with a placement and hiring process established by the BTA. (Section 9)