Marianne Crielle G.

Vitug

POS 130.7

IV AB Political Science

October 7, 2014

Womens Meaningful Participation: Achieving Political Security through the

Bangsamoro Basic Law
Introduction
The creation of the Bangsamoro Basic Law has been a long and arduous
process deeply entrenched in political, cultural, and religious issues. Nonetheless, it
is considered to be the biggest victory in the recognition of the desires for autonomy
of the people in the region. Its passage will also be a milestone in the assurance of
long-lasting peace in the region, which has been volatile for several decades.
An important aspect of the eventual implementation of the law is its gendered
one. Through war and peace, many women have had to bear the consequences of
the actions of the leaders, activists, and rebels in the region. They are clamoring now
for their meaningful participation in the Bangsamoro Basic Law, in order to ensure
that spaces are created in order for gender equality to flourish in the new political
entity that will arise in place of the Autonomous Region in Muslim Mindanao
(ARMM).
The Basics of the Basic Law
On the 10th of September 2014, President Benigno Aquino III personally
delivered the draft of the Bangsamoro Basic Law (BBL) to the House of
Representatives (Office of the Presidential Adviser on the Peace Process 2014). The
law, entitled An Act Providing for the Basic Law for the Bangsamoro and Abolishing
the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic
Act No. 9054, Entitled An Act to Strengthen and Expand the Organic Act for the

Autonomous Region in Muslim Mindanao, and Republic Act No. 6734, Entitled An
Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao,
and for Other Purposes, was created by the Bangsamoro Transition Commission or
the BTC. The BTC, in turn, was created in December of 2012 after a framework
agreement was reached in October of the same year between the Philippine
government and the Moro Islamic Liberation Front (MILF).
In February 2014, the BTC published a primer in order to layout the
fundamentals of the law, and detail how they were going to go about the creation of it
(Bangsamoro Transition Commission 2014). The BBL creates a new Bangsamoro
territory, and with it, a new Bangsamoro government. It replaces the old ARMM, and
expands into neighboring territories as well. While it shall set out to create its own
bodies, procedures, and laws, it will still be under the authority of the Philippine
government.
The law will create an entirely new political entity to lead the Bangsamoro
region, one that will have the capability to transform it. It is comprehensive, and
covers the spectrum of governance sectors, from the creation of its own local
government units to the educational system of the area. It infuses the culture and
religion of the people through various means, an example of which would be the
creation of the hisbah office in accordance with the justice ideals of Shariah law. It is
similar to that of the ombudsman, and is, more importantly, a markedly unique touch
that exhibits the commitment of making the law faithful to Muslim culture. At the
same time, however, they have ensured that no religious or cultural discrimination
will be legalized.

The Long Journey

While the passage of the BBL will surely be a landmark in the history of the
peace process, there was much collateral damage in the journey to achieve it. It has
been women who have historically bore the brunt of the conflict in the region, which
has resulted in armed struggle, internal displacement, and several human rights
violations.
Atty. Laisa M. Alamia, in the Peace Lens conference held by Forum ZFD in
Ateneo de Davao, detailed many of the hardships that women of the Bangsamoro
have had to endure. She first cited the poverty incidence rate of the ARMM, which is
pegged at 48.7% the highest in the nation. What is more disconcerting, however, is
that the poorest of the poor are the women. This cuts across sectors, as it applies to
women who are farmers, women in other rural areas, and the like.
She also spoke of the internal displacement that has occurred due to the
various conflicts in the region. Women and their children have had to relocate to
shelters in order to avoid the armed struggle that are often initiated and propagated
by men. This creates substandard living conditions, wherein diseases spread easily
and there are not enough resources to go around. It is also a breeding ground for
trafficking. In the aftermath of the recent Zamboanga siege, one of the largest
controversies was the rise of the sex trade (Calica 2014). Prostitution became
widespread, as it was viewed as a means to earn money quickly given the
circumstances.
Even when women are not displaced, Alamia insists that they have still had to
face several problems in the home front on account of their gender. In the ARMM
region, it is not unusual for girls to be married off when they are very young to older

men. They are then obligated to have many children, depending on the preferences
of their husbands. It often happens that they become unable to care for these
children, both economically and physically. This type of arrangement also prevents
them from completing their education, thus giving them limited options for
independence. They become fully reliant on their husbands, and have no choice but
to stay with them, even when conditions become unfavorable for them.
Alternatively, Alamia explains that some of these girls opt to go abroad in
order to avoid being married off. The problem, however, is that they do so illegally,
and are therefore untrained to work, which ends in their exploitation at the hands of
their employers, instead of the husbands they would have had. Without proper skill
sets, experience, and knowledge of rights, these girls simply face a different type of
horror.
Froilyn Mendoza, the founder of Teduray Lambangian Women's Organization
(TLWOI), details that the problem is also structural in nature, especially for the
women who belong to the tribal groupings in Mindanao. The cultural and traditional
practices of her tribe disadvantaged women in many ways. When women were
raped, for example, it was treated as an ordinary occurrence that was to be dealt
with in private. Even worse, many women were forced to marry their rapists, as it
could be seen as disgraceful or unclean not to do so, particularly in the cases
wherein pregnancies occurred. Moreover, there is a culture of mesala or penalizing,
which applies to those who publicize sensitive matters, such as sex, rape, incest,
and the like, as they are considered taboo (Mendoza 2014). As opposed to
punishing the perpetrator, the blame and responsibility are placed on the shoulders
of the victim.

Alamia advocated for the increased political participation of women in the

creation and implementation of the Bangsamoro Basic Law. This does not
necessarily mean that women have to gain seats of power immediately. Rather, this
refers to educating women in order to ascertain that they are knowledgeable of their
rights and capabilities, as well as ensuring their capacity to air their own informed
views and opinions, regarding any personal and political issues that they are dealing
with. This also involves creating spaces in the new political entity that will allow them
to be heard by their leaders, such that they become equal to men in creating and
leading the new Bangsamoro region.
Political Security as a Framework
Perhaps the simplest of all human security dimensions is that of political
security, and yet, despite it being the most straightforward, it is also the hardest to
achieve. Political security tackles the protection and implementation of human rights,
using the United Nations Universal Declaration of Human Rights as basis. Given the
comprehensiveness of the document, however, it is unsurprising that most, if not all,
nations fall short on several aspects.
Most applicably, the women of the Bangsamoro have not been politically
secure due to the existing structures that propagate discrimination, and their lack of
participation in the decision-making processes that affect their region. On several
fronts, they do not feel that they are being treated equally to the men in their lives, as
a result of the constraints of the current rule of law, coupled with certain limiting
traditions and norms of their cultures. There are several instances wherein their right
to freedom of opinion and expression is curbed, due in most part to the fact that they
are female. They are also denied the freedom to pursue their education, as well as

go into fields of work in line with their preferences, as a consequence of their

obligations to their husbands and children. There is also a dearth of proper
representation for them in government, as most political leaders are still male, and
not all female politicians can forward pro-women policies that are genuinely
beneficial for those on the ground.
The respect for human rights is essential to the resolution and prevention of
conflicts. Without the recognition of equality across various differences, there can be
no moving forward toward development. Women have already served as key
peacemakers in the region, both formally and informally, and their tangible
empowerment will only be more beneficial to the region.
The creation of an autonomous Bangsamoro entity provides a unique
opportunity for women to make their mark from the onset. It is a chance to make
lasting changes and eliminate the oppressive structures that have disadvantaged
them since time immemorial. It presents itself as a remarkable chance for women to
achieve their political security by helping to create a new way of governance that
implements equality as the norm, and not as the exception. Several womens groups
have already capitalized on this, as seen in the 72 consultations that have been
conducted by the BTC with a total of 2,750 women from different sectors of society,
and the various womens conferences organized. While it will inevitably not be a
sweeping or immediate change, it will nonetheless prove to be a revolutionary victory
for women, should it truly be accomplished with their participation (Conciliation
Resources 2014).

Relevant Stakeholders
This law is particularly momentous because of the initiative that various
womens groups and women leaders have shown in participating in its
implementation. In the past, negotiations between the Philippine government and the
Moro National Liberation Front (MNLF) were either male-dominated or fully
comprised of males. Talks between the two parties started with President Corazon
Aquino, who reopened the possibility of peaceful discussion, but did not reach an
agreement. The administration of President Fidel Ramos resulted in the Final Peace
Agreement with the MNLF. He also reached out to the MILF, which was becoming a
larger and more influential faction. Ramos appointed former general and
ambassador Manuel Tan to lead the governments peace panel, while Nur Misuari
led the MNLFs. While Tans panel had a few women, Misuaris was exclusively
male. It was Tan who started the practice of bringing wives to the peace talks, which
Misuari and his panelists eventually imitated. However, there was no formal
representation for women during this period (Arguillas 2014).
It was only in that Moro women were given formal seats at the negotiating
table. Ramos appointed Emily Marohombsar of Lanao del Sur, the first female
president of the Mindanao State University, as the first woman on the government
peace panel (Arguillas 2014). Since this time, women have almost always been
members of the panel, and yet the human rights abuses continued, signifying that
the change being made was not enough for women to feel.
The Bangsamoro Basic Law of 2014, however, is exceptional because
women from both parties are more fairly represented. Most notably, the current
Presidential Adviser on the Peace Process is Secretary Teresita Quintos Deles,

making her the first female to head the overall negotiations that have now spanned
nearly two decades. The chairperson of the government peace panel is also a
woman, Prof. Miriam Coronel-Ferrer of the University of the Philippines, who was
appointed in 2012. She was also the chief negotiator of the Comprehensive
Agreement on the Bangsamoro, which was signed on March 27, 2014 (Office of the
Presidential Adviser on the Peace Process n.d.).
Bangsamoro women are also represented in this high body. Secretary Yasmin
Busran-Lao has been a member of the government peace panel since 2011. She
has also served as the Presidential Assistant for Muslim Concerns, and was
appointed as the chair of the National Commission on Muslim Filipinos (NCMF)
(Office of the Presidential Adviser on the Peace Process n.d.). In the BTC, who are
the primary authors of the Bangsamoro Basic Law, have four women out of fifteen
members, namely, Johaira Wahab, Raissa Jajurie, Fatmawati Salapuddin, and
Froilyn Mendoza (Arguillas 2014).
Women at the grassroots level have also been organizing themselves in order
to enact the changes they have long desired. A Womens Summit was held last
March 7 in Cotabato City in order to make recommendations regarding womens
protection from violence, conflict and insecurity, as well as womens meaningful
political participation in accordance with the BBL (Conciliation Resources 2014).
Four womens organizations attended this summit in order to air their various
concerns, as well as to find ways to effectively work together without compromising
their respective agendas. These organizations were Nisa Ul Haqq Fi Bangsamoro,
the Bangsamoro Womens Action for Development (BWADI), the United Youth of the
Philippines-Women (UnYPhil-Women) and TLWOI (Conciliation Resources 2014).

Prior to the drafting of the bill, womens groups were already engaging in
various peace-building works in the ARMM region, and continue to do so as they see
fit. They have organized inter-faith and intra-faith dialogues among women, taught
new methods of conflict resolution, set up workshops and activities to promote
peace, and have been relevant to the agenda-setting of various legislating bodies
(Bangsamoro Women Sulong 2014).
Women in Metro Manila have also shown their support for the meaningful
participation of women in this law. Students of Miriam College held a project called
Bangs for Bangsamoro, wherein students got their hair styled in order to show their
solidarity. This was organized by Women Engaged in Action on 1325 (We Act 1325),
with Jasmin Nario-Galace at the forefront. She serves as both the national
coordinator of We Act and the executive director of Miriams Center for Peace
Education. Chairperson Coronel-Ferrer was also in attendance, and had her bangs
cut as well (Sauler 2014).
The Possibilities for Political Security
The aforementioned Womens Summit made specific recommendations that
have the potential to transform womens political participation for the better. These
were detailed in the document A Better Bangsamoro for All: Womens Contributions
to the Bangsamoro Basic Law. The first of their suggestions is for women to occupy
50% of all managerial positions in the new Bangsamoro political entity. Moreover,
they are seeking the creation of a Department for Womens Affairs, which will
oversee all procedures and mechanisms that will address issues primarily
concerning women. They also want the Bangsamoro Gender Fund to help start-up
organizations on the grassroots level, in order to ensure that women from all strata of

society are consulted in the long-term. They also suggest stricter monitoring of the
Gender and Development (GAD) fund, which is meant to be used only for genuine
GAD projects. Lastly, they insist on the strengthening of womens centers in local
government units, particularly in the aspects of capacity-building and discourse
cultivation (United Youth of the Philippines-Women 2014).
The Mindanao Peoples Caucus also forwarded the suggestion of having a
womens committee that would oversee several civilian protection teams (CPT),
which would be comprised of women from the municipal and provincial level of these
CPTs. They are meant to be in charge of all aspects of the protection issues
regarding women (Mindanao People's Caucus n.d.).
These actions, which try to address womens issues on every possible level of
participation, allow their voices to be heard by those in power, thereby increasing the
likelihood for policies to be more directed and purposeful. This way, women
empowerment can be defined in the ways that the women themselves see it, without
impositions of other notions from those who do not have the same lived experiences.
While the implementation is almost guaranteed to be messy at the onset, the
prioritization of gender equality right from the passage of the bill is what matters now.
Conclusion
The last important lesson from the Bangsamoro Basic Law is the pertinent
role of gender-mainstreaming. An opportunity to overhaul an entire system of
governance is rare, if not next to impossible, and should not be wasted by the lack of
sensitivity to the various and differing needs of both sexes. The Bangsamoro Basic
Law has the potential to serve as the platform for improving the political security of
women, and they have so far taken the right steps to ensure this plausibility.

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