United Nations - Managed Referendum In Bangsamoro Areas: Democratic Approach To The Conflict In Mindanao

United Nations - Managed Referendum in Bangsamoro Areas: Democratic Approach to the Conflict in Mindanao Abhoud Syed M. Lingga Executive Director Institute of Bangsamoro Studies

4th Bangsamoro Peace Summit Jolo, Sulu March 8-11, 2006

The problem  The problem is the contrasting positions of

the Bangsamoro people and the Government of the Republic of the Philippines on the political status of the Bangsamoro people.

 The assertion of the Bangsamoro people

for their right to self-determination is being denied by the GRP, not only politically but by the use of force, thus triggering violent confrontations.

Right of Self-determination The International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, provide that “All peoples have the right of selfdetermination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

Right of Self-determination The right of self-determination is the collective right of peoples to determine their own future free of any outside interference or coercion, and participate in decision making that affect them. It includes the right to determine their political status and to freely pursue their economic, social, spiritual and cultural development.

Right of Self-determination In the exercise of that right, peoples have wide latitude of choice. At one end, they can demand and pursue within the state more political power, active participation in the decision making and administration of government affairs, equitable redistribution of economic benefits, and appropriate ways of preserving and protecting their culture and way of life. On the other end, they have also the right to organize their own sovereign and independent government, or reclaim their lost freedom and independence.

People exercise their right of selfdetermination To satisfy their needs  Security Economic  Health  Environment  Security of person and properties  Political 

 Welfare  Identity

Who are entitled to self-determination?  The rights of self-determination belongs to

peoples.  People – group of individual human beings who enjoy some or all of the following common features:      

A common historical experience Racial or ethnic identity Cultural homogeneity Religious or ideological affinity Territorial connection Common economic life

(UNESCO International Meeting of Experts for the Elucidation of the Concepts of Rights of Peoples)

Are the Bangsamoro people?  Even before colonial period, the Bangsamoro

have their own government with trade and diplomatic relations with other countries.

 The colonial powers entered into treaty

relations with the sultanates.

 During American occupation the Bangsamoro

homeland was administered separately from the Philippines.

Are the Bangsamoro people?  The GRP-MILF Agreement of 2001 provides, 



“Recognizing that peace negotiations between the GRP and the MILF is for the advancement of the general interest of the Bangsamoro people.” “On the aspect of ancestral domain, the parties, in order to address the humanitarian and economic needs of the Bangsamoro people and preserve their social and cultural heritage and inherent right over their ancestral domain, …”

 The 1996 GRP-MNLF Agreement provides, 

“The Regional Autonomous Government educational system shall, among others, perpetuate Filipino and Islamic ideals and aspiration, Islamic values and orientation of the Bangsamoro people.”

Are the Bangsamoro entitled to selfdetermination?  The Bangsamoro have common affinity to Islam as religion

and way of life; have common historical experience; shared many cultural practices; and located in contiguous space

 Their right to self-determination is recognized by the

Philippine Government  “The observance of international humanitarian law and respect for internationally recognized human rights instruments and the protection of evacuees and displaced persons in the conduct of their relations reinforce the Bangsamoro people’s fundamental right to determine their own future and political status.” (Tripoli Agreement of Peace of 2001)



The phrase, “right to determine their own future and political status” is actually the meaning of selfdetermination

Bangsamoro struggle  Struggle for their right to self-determination.  Two tracks 

Armed struggle 



MNLF and MILF led struggle for liberation

Peaceful and democratic struggle  Petition of the people of Sulu (June 9, 1921)  Declaration of Rights and Purposes (Zamboanga declaration) (February 1, 1924)  Dansalan Declaration (March 18, 1935)  Amilbangsa Bill (H.B. 5682)  Mindanao Independence Movement  Bangsamoro People’s Consultative Assembly (BPCA)  Bangsamoro Women Assembly  Sultanates  Mindanao People’s Peace Movement (MPPM)  Other Bangsamoro civil society and NGOs

Bangsamoro struggle  The struggle of the Bangsamoro people is a

struggle for their right of self-determination.  Self-determination to them means to regain back their independence.  The bases of this struggle are their historical right as free and independent nation before the formation of the Philippine state, and their “unpleasant” experiences under the Philippine republic.

Unpleasant experiences Strong Christian biases and prejudices against Muslims They lost their lands They become minority in their own homeland They remain poor They feel not secured in their person and property

RSD and armed conflicts “Many of the armed conflicts that have

raged in the world this century, and the vast majority of those that have taken place since the end of the Cold War and continue today centre around peoples’ drive to self-determination.”

(Report of the International Conference of Experts, organized by UNESCO, held in Barcelona, 21-27 November 1998)

Peaceful implementation of RSD  “The peaceful implementation of the right to self-

determination in its broad sense is a key contribution to the prevention and resolution of conflicts, especially those which involve contending interests of existing states and peoples, including indigenous peoples, and minority groups.  “Real prevention should not be aimed at the maintenance of the status quo, but at ways to allow for change to occur peacefully.” (Report of the International Conference of Experts, organized by UNESCO, held in Barcelona, 21-27 November 1998)

Democratic track Peaceful and democratic way of resolving political conflicts Ensures that the people’s will serves as basis of authority and last word on a solution to the conflict Accommodates divergent views on solution to the problem

East Timor

Experiences in other countries Popular consultation through direct ballot Questions asked: Do you accept the proposed special autonomy for East Timor within the Unitary State of the Republic of Indonesia? Do you reject the proposed special autonomy for East Timor leading to East Timor’s separation from Indonesia?

Southern Sudan

Experiences in other countries Chapter 7 of the 1997 Peace Agreement provides: “1. By this Agreement the right of the people of Southern Sudan to determine their political aspirations and to pursue their economic, social and cultural development is herby affirmed. 2. The people of Southern Sudan shall exercise this right in a referendum before the end of the interim period. 3. Options in the referendum shall be: a. Unity b. Secession.”

Experiences in other countries

Bougainville

2001 Bougainville Peace Agreement “309. The National Government will move amendments to the National constitution to guarantee a referendum on Bougainville’s future political status. 310. The choices available in the referendum will include a separate independence for Bougainville.”

Why it has to be managed by the UN  To ensure the credibility of the

outcome of the referendum  To ensure that the decision of

the Bangsamoro people will be enforced

Choice  Independence  Unity with the Republic of the

Philippines  Free

association  Autonomy  Federal

Areas where referendum will be held Areas where the Bangsamoro people are majority: 1. Tawi-Tawi 2. Sulu 3. Basilan 4. Lanao del Sur 5. Maguindanao and other areas contiguous to the above provinces where the Bangsamoro are majority.

Who can vote?  Either of the two schemes:  Only

Bangsamoro people can vote wherever they are; or

 Only

qualified voters residing in the geographic area can vote

When?  The referendum shall be held not earlier

than 5 years but not more than 10 years after decision is made. 

To give enough time for education campaign



To give the GRP enough time to convince the Bangsamoro people that they will be in better condition if they remain part of the Philippines

What can we do?  Constitutional amendment introducing

provision on the right to secede. Examples: 

Constitution of Ethiopia: 



Article 39. “Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.”

Constitution of Kitts and Nivis

What can we do?  People’s initiative  Education campaign  Build national and international solidarity  Lobbying

Concluding remarks  Referendum is a peaceful and democratic

exercise of right of people to determine their political status.

 It is a peaceful alternative to use of

violence in pursuing political goals.

 Holding of referendum does not

automatically result to separation of the Bangsamoro people from the Philippines.

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