United Nations - Managed

Referendum in Bangsamoro
Areas: Democratic Approach
to the Conflict in Mindanao

Abhoud Syed M. Lingga

Executive Director
Institute of Bangsamoro Studies

4th Bangsamoro Peace Summit

Jolo, Sulu March 8-11, 2006
 The problem
 The problem is the contrasting positions of
the Bangsamoro people and the
Government of the Republic of the
Philippines on the political status of the
Bangsamoro people.

 The assertion of the Bangsamoro people

for their right to self-determination is being
denied by the GRP, not only politically but
by the use of force, thus triggering violent
confrontations.
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.”
Right of Self-determination
The right of self-determination is the collective
right of peoples to determine their own future
free of any outside interference or coercion,
and participate in decision making that affect
them. It includes the right to determine their
political status and to freely pursue their
economic, social, spiritual and cultural
development.
Right of Self-determination
In the exercise of that right, peoples have wide
latitude of choice. At one end, they can
demand and pursue within the state more
political power, active participation in the
decision making and administration of
government affairs, equitable redistribution of
economic benefits, and appropriate ways of
preserving and protecting their culture and
way of life. On the other end, they have also
the right to organize their own sovereign and
independent government, or reclaim their lost
freedom and independence.
People exercise their right of self-
determination
To satisfy their needs -
 Security
 Economic
 Health
 Environment
 Security of person and properties
 Political

 Welfare
 Identity
 Who are entitled to self-determination?
 The rights of self-determination belongs to
peoples.
 People – group of individual human beings
who 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 the

Concepts of Rights of Peoples)
Are the Bangsamoro people?
 Even before colonial period, the Bangsamoro
have their own government with trade and
diplomatic relations with other countries.

 The colonial powers entered into treaty

relations with the sultanates.

 During American occupation the Bangsamoro

homeland was administered separately from
the Philippines.
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 general
interest of the Bangsamoro people.”
 “On the aspect of ancestral domain, the parties, in order
to address the humanitarian and economic needs of the
Bangsamoro people and preserve their social and
cultural heritage and inherent right over their ancestral
domain, …”

 The 1996 GRP-MNLF Agreement provides,

 “The Regional Autonomous Government educational
system shall, among others, perpetuate Filipino and
Islamic ideals and aspiration, Islamic values and
orientation of the Bangsamoro people.”
Are the Bangsamoro entitled to self-
determination?
 The Bangsamoro have common affinity to Islam as religion
and way of life; have common historical experience; shared
many 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 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.” (Tripoli
Agreement of Peace of 2001)
 The phrase, “right to determine their own future and
political status” is actually the meaning of self-
determination
 Bangsamoro struggle
 Struggle for their right to self-determination.
 Two tracks
 Armed struggle
 MNLF and MILF led struggle for liberation
 Peaceful and democratic struggle
 Petition of the people of Sulu (June 9, 1921)

 Declaration of Rights and Purposes (Zamboanga declaration)

(February 1, 1924)
 Dansalan Declaration (March 18, 1935)

 Amilbangsa Bill (H.B. 5682)

 Mindanao Independence Movement

 Bangsamoro People’s Consultative Assembly (BPCA)

 Bangsamoro Women Assembly

 Sultanates

 Mindanao People’s Peace Movement (MPPM)

 Other Bangsamoro civil society and NGOs

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.
Unpleasant experiences
Strong Christian biases and prejudices
against Muslims
They lost their lands
They become minority in their own
homeland
They remain poor
They feel not secured in their person
and property
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 and
continue 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)
 Peaceful implementation of RSD
 “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 groups.
 “Real prevention should not be aimed at the
maintenance of the status quo, but at ways to
allow for change to occur peacefully.”
(Report of the International Conference of Experts, organized by UNESCO, held in
Barcelona, 21-27 November 1998)
Democratic track

Peaceful and democratic way of

resolving political conflicts

Ensures that the people’s will serves

as basis of authority and last
word on a solution to the conflict

Accommodates divergent views

on solution to the problem
 Experiences in other countries
Popular consultation through
East Timor
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 Timor’s separation from
Indonesia?
 Experiences in other countries

Chapter 7 of the 1997 Peace Agreement provides:

Southern Sudan

“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.”
 Experiences in other countries

2001 Bougainville Peace Agreement

Bougainville

“309. The National Government will move

amendments to the National constitution
to guarantee a referendum on
Bougainville’s future political status.

310. The choices available in the

referendum will include a separate
independence for Bougainville.”
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
Choice

 Independence
 Unity with the Republic of the
Philippines
 Freeassociation
 Autonomy
 Federal
Areas where referendum
will be held
Areas where the Bangsamoro people are
majority:
1. Tawi-Tawi
2. Sulu
3. Basilan
4. Lanao del Sur
5. Maguindanao
and other areas contiguous to the above
provinces where the Bangsamoro are
majority.
Who can vote?
 Either of the two schemes:

 OnlyBangsamoro people can vote

wherever they are; or

 Only qualified voters residing in

the geographic area can vote
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
What can we do?
 Constitutional amendment introducing
provision on the right to secede.
Examples:
 Constitution of Ethiopia:
 Article 39. “Every Nation, Nationality and
People in Ethiopia has an unconditional right
to self-determination, including the right to
secession.”

 Constitution of Kitts and Nivis

What can we do?

 People’s initiative

 Education campaign

 Build national and international solidarity

 Lobbying
Concluding remarks
 Referendum is a peaceful and democratic
exercise of right of people to determine
their political status.

 It is a peaceful alternative to use of

violence in pursuing political goals.

 Holding of referendum does not

automatically result to separation of the
Bangsamoro people from the Philippines.
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