Right To Self Determination By Michael O. Mastura

BANGSAMORO RIGHT TO SELF-DETERMINATION Presented at the MILF Committee on Information of the Central Committee 14th General Meeting and Seminar-Workshop By

MICHAEL O. MASTURA MILF Panel Member

Moro Question is about IDENTITY that is determinate. Who am I? – This is an assertion of continuity via genealogy and residence.

What am I? – This is an assertion of distinctiveness through culture or community.

Most people point to their Many people reveal their lineage, family status, and membership and sense of place of birth. belonging to some entity. As for individuals, the two questions are intertwined. “I” then becomes “We”.

Group focus is on ‘what’ as it concerns about politics of NATIONAL IDENTITY.

Analyze this dimension: Do Bangs@moros have a body politic?

Identity operates on two levels: INDIVIDUAL and COLLECTIVE Humankind (al insaniyyah ) have collective affiliations: • Family, clans, religious … Sunni, Shia • Economic sector/ occupational … Traders, farmers, • Territorial/ political organizations.. Taiwan, Philippines, European Union Multiple identities exert a special power. Cultural types: • Religious denominations…Muslim, Christian, Moro • Racial affiliations … Malay, Arab, Chinese, Indian • Ethnic communities Magindanaw, Maranaw, Taosug Nationalities (al qawmiyyah) have competing interests: •

Nations or nation-states… American, Filipino, Egypt, Canada, Indonesia

Politics of Identity and Economic Development Documented studies in other countries suggest that economic development does not reduce aspiration for self-determination. It increases even as people whose energies had formerly been taken up by the struggle to survive find time to worry about their distinct identity. Development is a political issue. Political economy shapes structural changes. So institutions for governance must fit to culture “match”. Sovereignty matters. Self-determination arguments sees it as a human right to ‘statehood’ parallel to state sovereignty.

Understand the boundary between Self-Determination and Sovereignty via Intervention Territorial Integrity Human Security

Ad Hoc Intervention

(border & authority)

National Security

Sovereignty

Intervention

Self-Determination

Earned/ Shared Sovereignty

Balancing Sovereignty and Self-Determination What is the right to self-determination of people? • The right to aspire for freedom and independence exists under UN Conventions. Two principles are enshrined under international law: sovereignty and self-determination. • Can you find an objective definition of “people” or “nation”? Assert collective rights based on the UN Charter and Declaration of Human Rights. • Self-determination could be interpreted as a right of every ethnic community to full autonomy. It implies even to secede unilaterally from the majority state.

RSD is not only a treaty obligation in the text of the UN covenants.  The right to self-determination is a “generally

accepted principle of international law” having the character of erga omnes – i.e. binding “towards all”.

 The right to self-determination has the status

of jus cogens – making it a peremptory norm, obligatory on the part of the State not to interfere with its exercise.

How can we demand that the Philippines adhere to the principles of self-determination?

Homeland, Territory

Ad hoc Intervention via Protocol to provide Option

(Not just association with it)

Entrenchment mechanism via Transition process, in sequence and time periods for building institution leading to Option, ending in results of a referendum

Terminal point of cycle via Compact to determine final status

Common legal rights and duties for all members

Common economy with territorial mobility throughout

Shared history Mass public, education-based culture

Are government units to be defined in terms of people rather than territory?  At stake in GRP-MILF peace negotiation for selfdetermined identity and homeland is not merely the relationships between State and ethnicity (tri-peoples) in Mindanao. Rather, it is the totality of ties associative relationships. between people, state, and territory.  Territorial sovereignty principle accounts for a right to secede more than self-determination defined in term of rights of peoples. Re-territorialization through ad hoc intervention ends the national-stage conflict with transition mechanism, sequence and time periods.

Is unilateral self-determination of people possible? Bangsamoro experience from contemporary events:

• Unilateral self-determination of people could lead to international anarchy. Whenever the international community intervenes (e.g. East Timor or Yugoslavia) they end up backing minority rights or breaking up diverse communities. • Third Party facilitation (e.g. Malaysia in MILF-GRP Talks) has set up deep, achieving purposes with international monitors. Bangsamoro people’s struggle reached diplomatic stage with option to determine their political status via popular consultation leading to a referendum.

Quest for International and Domestic Legitimacy Others’ perceptions

Determinate Status

Own perceptions

Bangsamoro Identity

Political Aspiration

Bangsamoro autochthonous potentials Common goal Criteria

Foundations

- Claim to statehood - Organic bonds - Popular process - Monitor legitimacy

- Geographic homeland Organization Leaders Forces

- Equality of all peoples - Entrenchment of rights - Juridical institutions

How to ‘write’ sovereignty? • Full sovereign authority manifests itself in the idea of representation. • Sovereignty in international relations takes the form of recognition (or intervention). • In sovereignty-based conflict, “lack of protection, or representation” for people call for the right to selfdetermination. • Methods of self-determination range from sovereignty referendum to an armed struggle. • Optimal method to resolve sovereignty-based conflict requires consent of the territory to be administered often expressed in signatures to written agreements.