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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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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.
So
uthernS
udan
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Experiences in other countries
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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