Other than their historical experience in state formation, Bangsamoro liberation movements and people’s movements cite the discrimination and oppression experienced by the Bangsamoro people under the Republic of the Philippines as justifications of their claim for self-determination. Often alluded to are the biases and prejudices of the majority population towards the Bangsamoro people; the minoritization of the Bangsamoro people in their own homeland due government policies; government neglect; and failure of the government to protect the persons and properties of the Bangsamoro people.
Whether the Bangsamoro people are entitled to self-determination or not is no longer debatable for the Government of the Republic of the Philippines (GRP) recognizes that. This was clear in one of the provisions of the Tripoli Agreement of Peace of 2001 between the GRP and the MILF, which states that “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.” (Underscoring supplies)
The recognition of the Bangsamoro right to self-determination was affirmed by Secretary Silvestre C. Afable, Jr., Chairman of the Government Peace Negotiating Panel in the talks with the MILF, in his letter to Mohagher Iqbal, Chairman of the MILF Peace Negotiating Panel, dated November 9, 2006, which states that the GRP would like to explore with the MILF in the next round of talks, “the grant of self-determination and self-rule to the Bangsamoro people based on an Organic Charter to be drafted by representatives of the Bangsamoro people.” In Tokyo last May 2007, he again reiterated the Philippine government position: “On the negotiating table, we have offered a political settlement based on self-determination that strives to unify the Bangsamoro people rather than divide them, for them to finally live in a homeland rather than a rented territory paid for in blood and suffering. We are crossing bridges of understanding that others have never ventured to do in the past.” (Quoted in Abinales)
Now the issue at hand is the expression of the Bangsamoro right of self-determination that can lead to a democratic and peaceful resolution of the conflict between the Philippine government and the Bangsamoro people.
Determination of Political Status
The core issue in the right to self-determination is determination of a people political status. How is the political status of a people determined? The UNESCO experts are of the opinion that a people should be able to achieve self-determination through a fully participatory and democratic process. The experts said: “Self-determination is achieved by fully participatory democratic processes among the people who are seeking the realization of self-determination, including referenda where appropriate.” (Van Walt van Praag and Seroo 1999)
To determine the wishes of the Bangsamoro people as to their political status, referendum has to be resorted to. This is also the position of the government. The above cited letter of Secretary Afable stated further that the Bangsamoro people shall decide on their political status in a referendum to be held after certain period. What are the choices are not clear as of this writing. To avert the worry of some that the referendum may turn into an all-out, winner-take-all contest the range of choices should include all possible political arrangements, such as independence, autonomy, free association, consociational arrangement, federal arrangement, and other power sharing arrangements.
In order for a referendum to be participatory and democratic process, it is useful to be preceded by lengthy political debate and dialogue within the given communities to ensure that citizens are aware of what the options are, are fully informed about their implications, and are as ready as possible to vote in a referendum. In Southern Sudan, the referendum will take place after the interim period of six years. The referendum on Bougainville’s future political status will be held not earlier than ten years but not later than fifteen years after the signing of the agreement.
In the case of the Bangsamoro, I agree with the recommendations of the Bangsamoro People’s Consultative Assembly and the Mindanao People’s Peace Movement that the referendum shall be held not earlier than five years but not more than ten years after decision is made to give enough time for people to understand the pros and the cons of every proposition, and to provide the Philippine government time to demonstrate to the Bangsamoro people once again that they will be in better condition if they remain part of the Philippines.
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August 13th, 2008 at 12:32 am
self determination as explicitly cited in the above international laws is a concept that needs to be defined to be able to implement.. currently, i have not found any violations of these laws with regard to the case cited above - that of Bangsa Moro.. the struggle i think is not self determination but an independent nation - not just simply to have self determination..
August 13th, 2008 at 12:41 am
to end the Mindanao conflict i believe is an acceptance of the reality that we are one.. and we have only one nation the Philippines…and we should commit our loyalty and trust to this nation no matter what..instead of raging wars against ourselves, i am hoping that we will rage wars against the enemies of this nation - poverty, corruption, indifference, greed for wealth and power, and ignorance..let us achieve peace by peace..not with guns and wars.
August 19th, 2008 at 8:19 pm
the Government should launch massive attack once and for all..
finish all MILF.. nothing should remain