United Nations - Managed Referendum in Bangsamoro Areas: Democratic Approach to the Conflict in...

8/14/2019 United Nations - Managed Referendum in Bangsamoro Areas: Democratic Approach to the Conflict in Mindanao

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United Nations - Managed

Referendum in Bangsamoro

Areas: Democratic Approach

to the Conflict in Mindanao

Abhoud Syed M. Lingga

Executive DirectorInstitute of Bangsamoro Studies

4th Bangsamoro Peace Summit

Jolo, Sulu March 8-11, 2006


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The problem

The problem is the contrasting positions ofthe Bangsamoro people and theGovernment of the Republic of thePhilippines on the political status of theBangsamoro people.

The assertion of the Bangsamoro people

for their right to self-determination is beingdenied by the GRP, not only politically butby the use of force, thus triggering violentconfrontations.


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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 self-determination. By virtue of that right they

freely determine their political status and

freely pursue their economic, social and

cultural development.


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Right of Self-determination

In the exercise of that right, peoples have widelatitude of choice. At one end, they candemand and pursue within the state morepolitical power, active participation in thedecision making and administration ofgovernment affairs, equitable redistribution ofeconomic benefits, and appropriate ways ofpreserving and protecting their culture and

way of life. On the other end, they have alsothe right to organize their own sovereign andindependent government, or reclaim their lostfreedom and independence.


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People exercise their right of self-

determinationTo satisfy their needs -

Security

Economic

Health

Environment

Security of person and properties

Political Welfare

Identity


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Who are entitled to self-determination?

The rights of self-determination belongs topeoples.

People group of individual human beingswho 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 theConcepts of Rights of Peoples)


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Are the Bangsamoro people?

Even before colonial period, the Bangsamorohave their own government with trade anddiplomatic relations with other countries.

The colonial powers entered into treatyrelations with the sultanates.

During American occupation the Bangsamorohomeland was administered separately fromthe Philippines.


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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 generalinterest of the Bangsamoro people.

On the aspect of ancestral domain, the parties, in order

to address the humanitarian and economic needs of theBangsamoro people and preserve their social andcultural heritage and inherent right over their ancestraldomain,

The 1996 GRP-MNLF Agreement provides, The Regional Autonomous Government educational

system shall, among others, perpetuate Filipino andIslamic ideals and aspiration, Islamic values andorientation of the Bangsamoro people.


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Are the Bangsamoro entitled to self-

determination? The Bangsamoro have common affinity to Islam as religion

and way of life; have common historical experience; sharedmany 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 rightsinstruments and the protection of evacuees anddisplaced persons in the conduct of their relations

reinforce the Bangsamoro peoples fundamental right todetermine their own future and political status.(TripoliAgreement of Peace of 2001)

The phrase, right to determine their own future andpolitical status is actually the meaning of self-determination


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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.


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Unpleasant experiences

Strong Christian biases and prejudices

against Muslims

They lost their lands

They become minority in their own

homeland

They remain poorThey feel not secured in their person

and property


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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 andcontinue 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)


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Peaceful implementation of RSD

The peaceful implementation of the right to self-determination in its broad sense is a keycontribution to the prevention and resolution of

conflicts, especially those which involvecontending interests of existing states andpeoples, including indigenous peoples, andminority groups.

Real prevention should not be aimed at themaintenance of the status quo, but at ways toallow for change to occur peacefully.

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


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Democratic track

Peaceful and democratic way ofPeaceful and democratic way of

resolving political conflictsresolving political conflicts

Ensures that the peoples will servesEnsures that the peoples will serves

as basis of authority and lastas basis of authority and last

word on a solution to the conflictword on a solution to the conflict

Accommodates divergent viewsAccommodates divergent views

on solution to the problemon solution to the problem


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Experiences in other countries

EastTim

or 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 Timors separation from

Indonesia?


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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.

So

uthernS

udan


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Bougainville

2001 Bougainville Peace Agreement

309. The National Government will move

amendments to the National constitutionto guarantee a referendum on

Bougainvilles future political status.

310. The choices available in thereferendum will include a separate

independence for Bougainville.


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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


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Choice

Independence

Unity with the Republic of the

PhilippinesFree association

Autonomy

Federal


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Areas where referendum

will be held

Areas where the Bangsamoro people aremajority:

1. Tawi-Tawi

2. Sulu3. Basilan

4. Lanao del Sur

5. Maguindanao

and other areas contiguous to the aboveprovinces where the Bangsamoro aremajority.


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Who can vote?

Either of the two schemes:

Only Bangsamoro people can votewherever they are; or

Only qualified voters residing inthe geographic area can vote


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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


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What can we do?

Constitutional amendment introducingprovision on the right to secede.

Examples:

Constitution of Ethiopia: Article 39. Every Nation, Nationality and

People in Ethiopia has an unconditional rightto self-determination, including the right tosecession.

Constitution of Kitts and Nivis


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What can we do?

Peoples initiative

Education campaign

Build national and international solidarity

Lobbying


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Concluding remarks

Referendum is a peaceful and democraticexercise of right of people to determinetheir political status.

It is a peaceful alternative to use ofviolence in pursuing political goals.

Holding of referendum does notautomatically result to separation of theBangsamoro people from the Philippines.


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Thanky

ou

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