Bangsamoro self-rule key to ending conflict in Mindanao

Considering the bad experiences we always have in Philippine elections, the referendum will be credible if supervised by third party from the international community. The third party can be the United Nations, European Community, Organization of Islamic Conference (OIC), or joint efforts of the Association of Southeast Asian Nations (ASEAN) and other multilateral groupings.

Before a referendum will be held, the issue of territory has to be resolved by the GRP and MILF negotiating panels because the area where referendum has to be conducted has to be definite. Likewise, the two panels have to decide on the mechanism on how to conduct the exercise that it has to be democratic and participatory. The political, economic and cultural arrangements during the interim period preceding the referendum have to be agreed by the GRP and MILF peace panels as well. On the participation of the Indigenous Peoples of Mindanao, the principle of “free choice” that was earlier agreed by the GRP and MILF peace panels has to apply.

Opportunity for Peace

Allowing people to enjoy the right to self-determination does not automatically result in the separation of the claimed territory from the parent state, as feared by those who put a high value on the sanctity of borders, although this may be one of the possible outcomes. Referendum on Puerto Rico’s political status was held in 1967 but 60% of the voters preferred continued commonwealth status. Leaders of the province of Nivis wanted to separate from the federation of St. Kitts and Nivis but the citizens of the province voted to stay with the federation. Although not binding, the two referenda in Quebec illustrated that referendum does not inevitably translate to separation. On the contrary, denying a people the opportunity to exercise this right, or failing to make available the mechanism to exercise the right to self-determination, will make peaceful resolution of armed conflicts more difficult. Many of the conflicts today are taking place within and across states and the roots of many of these intra-state conflicts can be traced to the denial of state authorities of their citizens’ assertion that they have a right to self-determination. (Harris and Reilly 2003)

Since undeniably the Mindanao problem is rooted in the Bangsamoro aspiration for self-determination, the implementation of this fundamental right of peoples to determine their political status will certainly open the window of opportunity to resolve the long-drawn conflict peacefully. As signatory to United Nations instruments on right to self-determination, the Philippines has the obligation to uphold, respect and promote this right. Constitutional and institutional barriers cannot be made the excuse to deny the Bangsamoro people this right. Sudan has amended its constitution to give way to a referendum in the South, and Papua New Guinea has promised “to move amendments to the National Constitution to guarantee a referendum on Bougainville’s future political status” when it signed the Bougainville Peace Agreement in 2001.

The opinion of the UNESCO experts that “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 communities” is a wisdom that has to be seriously considered.