Finding Peace in Bangsamoro

8/20/2019 Finding Peace in Bangsamoro

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MAY - AUGUST 2015

FORUM

Healing the Wounds

of Mamasapano | 4

The Filipino Muslim:

Living with Prejudice,

Yearning for Peace | 2

s h a p i n g m i n d s t h a t s h a p e t h e n a t i o n

U N I V E R S I T Y O F T H E P H I L I P P I N E S

Be on the Right Side of

History! | 8

It has been a very long, demanding and difcult jour -ney. After eight months of consultations and 51 hear -ings, more than two hundred hours of debates and long

man-hours spent on studying and crafting this bill, I am

very proud to present to the Plenary, Committee Report

No. 747 submitted by the Ad Hoc Committee on House

Bill No. 5811 in substitution of House Bill No. 4994.

The title of the substitute measure is:

AN ACT PROVIDING FOR THE BASIC LAW

FOR THE BANGSAMORO AUTONOMOUS

REGION, REPEALING FOR THE PURPOSE RE-

PUBLIC ACT NO. 9054, ENTITLED “AN ACT TO

STRENGTHEN AND EXPAND THE ORGANIC

ACT FOR THE AUTONOMOUS REGION IN

MUSLIM MINDANAO,” AND REPUBLIC ACT NO.

Muslims are one of the most stigmatized groupsin the Philippines. From "DVD" jokes togeneralizations that they are vengeful and prone to

violence, Filipino Muslims have long been subjects

of prejudice.

Misconceptions and negative stereotyping are

forms of prejudice, where an individual makes a

judgment without the benet of facts. According to

UP sociologist, Prof. Manuel Sapitula, technically

speaking, prejudice is irrational. Prejudice leads to

stigmatization, a social phenomenon in which society

ascribes a negative trait to a person or a group of

people that overshadows whatever positive traits he

If there is one group of people who know all aboutthe human consequences of “all-out war,” it is thevillagers of Pikit, North Cotabato.

Despite the formation of the Autonomous Region

in Muslim Mindanao (ARMM) in 1989 and the ac-

ceptance of the peace accord between the Philippine

government and the Moro National Liberation Front

(MNLF), the war in Pikit, and the rest of Central and

Southern Mindanao continued for years—between

the MNLF-breakaway group Moro Islamic Libera-

tion Front (MILF) and the government after President

Joseph Estrada’s declaration of an all-out war policy

in 2000, followed by President Gloria Macapagal-

Arroyo’s military campaigns against “criminal ele-

ments.”

1

Finding Peace

in Bangsamoro

VOLUME 16 NUMBERS 3 & 4

Photo from the Ofce of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos


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2 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Arlyn VCD Palisoc Romualdo

The Filipino Muslim: Living with Prejudice, Yearning for Peace...

continued from page 1

or they might possess. Whatever good

exists in stigmatized people are not

recognized because of one negative

evaluation. Sapitula told the UP Forum

that there is no stigmatization if there is

no society that "imputes these charac-

teristics to certain persons or groups."

He added that prejudice and stigma-

tization against Filipino Muslims, in

particular, stem from a lack of knowl-

edge and appreciation of who they are,

which leads to misinformed opinions.

The widespread, liberal, and inter -

changing use of the terms "Moro" and

"Muslim," for example, lumps to-

gether both groups when in fact, not all

Muslims are Moro. Moros are Muslim

tribes or groups that have inhabitedMindanao since pre-colonial times. But

unlike Muslims in general, who are

practitioners of the religion Islam and

can very well convert to other reli-

gions, Moros cannot undo their being

Moro. Not recognizing the difference

between Moro and Muslim is a form of

prejudice due to lack of knowledge or

the unwillingness to know and under -

stand who these people are.

Then there are the "DVD" jokes.

Many non-Muslims are unaware that

most of these Muslim vendors leave

Mindanao because they want to escape

conict, that they are displaced. On the

misconception of the vengeful Mus-lim, Sapitula posited that it may come

from the practice of rido or clan wars.

It used to be a sincere and amicable

method of addressing grievances

between clans though something may

have changed in the practice.

There is also the opinion that Mus-

lims are prone to violence, inherently

violent or "war-like." Their display

or release of anger— juramentado,

amok, or going berserk—is seen by

non-Muslims as "socially unaccept-

able" though non-Muslims themselves

manifest anger in similar ways. Even

the Muslim brand of bravery is seen by

the cultural majority as beyond the ac-

ceptable display of valor, as opposed to

the bravery of the Waray which is seen

as positive and empowering.

Acknowledging the stigmatization of

Filipino Muslims, however, does not

mean ignoring the crimes and acts of

terrorism that armed Muslim groups

have committed. In an interview with

the UP Forum, UP Institute of Islamic

Studies Dean Julkipli Wadi called

these acts "condemnable in the highest

order." As with any other crime com-

mitted by anyone, these "should neither

be condoned nor tolerated" and do not

have any place in a civilized society.

From the past to the present

Why and how did the prejudice and

stigmatization even begin?

“The negative image of the Filipino

Muslim has been etched into the vast

majority's psyche since the colonial

days,” said Wadi. “It was the Spanish

colonial imposition that started the

stereotype,” Sapitula explained. While

Luzon and Visayas have been Chris-

tianized, Mindanao was not. Muslims

and Moros were deemed the enemies and seen as one and the same.

The placement of Muslims and Moros as the opposite of Christians

became even more pronounced with the American colonization of the

Philippines. They were deemed uncivilized and needed to be "tamed."

A Bureau of Non-Christian Peoples existed to handle them as well as

the Cordillerans in the North, according to Sapitula. Christian Filipi-

nos became the epitome of civility and were seen by the Americans as

"most amenable to their colonial project."

Because of colonization, Luzon and Visayas culture evolved while

the Philippine South was able to retain its way of life. There were vast

differences in culture which spawned misinformation, misunderstand-

ing, and negative stereotypes.

With the formal departure of the colonial powers, the responsibility

to x the gap was left to Filipinos. And the gap is still as wide, if not

wider than before.

"We have not found a solution, a way to understand these differences

in historical experience, in culture. We have not built enough effective

bridges to challenge centuries-old misplaced opinions," said Sapitula.As an example, he cited a survey conducted by the Human Develop-

ment Network in 2005 which asked Metro Manila respondents if they

would consider having a Muslim for a neighbor. More than 50 percent

said "No."

Sapitula also mentioned the phenomenon of Christian overseas

Filipino workers who return as Muslims from Islamic countries. It

becomes a cause of family crisis because the Christian family members

do not understand the Muslim convert. These converts are usually not

able to shift their families' views of Muslims from negative to positive.

In fact, these converts now belong to the group of people their families

do not trust. Distance grows, with the convert no longer part of the

family's "us" but part of "them."

"Philippine Muslim history is currently in the making, involving

the redening of Moro relation with the Philippine majority Filipino

State," said Wadi. Because of this, there is much “othering” as seen

in "claim and counter-claim of identity and history among Filipinosand Moros." The social stigma against Muslims and Moros have been

reinforced by the increasing "Islamophobia" in other countries, gaining

resonance in the Philippines through traditional and new media.

Because the peace process has become more "intractable" and "a

political resolution hardly comes with the so-called Mindanao conict

being dragged indenitely," Wadi lamented that Philippine media are

nding more reason to hype often subjective and insignicant issues

related to Islam, Muslims, and the Bangsamoro while legitimate issues

"are easily pigeonholed in dominant social stigma undressing them of

their truth and social meaning." There is no attempt to understand the

broader context of their struggle and challenges. "Except for very few

progressive journalists and academics that do not toe the line of State

power, business interest, and ecclesiastical position, Philippine media

heightens [rather] than alleviates the social stigma on Muslims in the

Philippines."

Coping mechanisms

According to Wadi, while the majority of Filipino Muslims have

grown accustomed to the stigmatization, they still undertake initiatives

to foster understanding and promote a positive image. There are inter-

faith groups as well as centers of Balik-Islam or Christians who have

continued on page 3


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UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 3

become Muslims that promote Islam. He said that many Muslims join social,

professional and civic organizations to promote social-economic develop-

ment and social values of multiculturalism.

“Because stigmatization is a social phenomenon, it must be dealt with at

the social level,” explained Sapitula. A stigmatized individual must seek like-

minded people for support, a safe haven where no judgment is made. Groups

like the ones mentioned by Wadi are important because they represent causes

and contribute to the discussion and addressing of issues at the social level.

“Philippine Muslims should seek more ways of empowering themselves

through dynamic and progressive education, critical mindedness, self and

community development, and so on,” said Wadi.

BBL and Mamasapano

The draft Bangsamoro Basic Law (BBL), resulting from peace negotiations

between the Philippine government and the Moro Islamic Liberation Front

(MILF) was being discussed in Congress when the Mamasapano tragedy hap-

pened on January 25. Until then, government hopes were high for its passage

into law.

The Mamasapano encounter, according to Wadi, has worsened the stigma

toward Filipino Muslims particularly those in Moro areas. Major media

networks focused more on the Fallen 44 and the agony of their families and

remained oblivious to the civilians and MILF forces who died. Unfortunately,

many politicians "rode on public perception and diverted people’s attention to

developing critical position against the peace process and the BBL."

Even before the tragedy, however, Wadi pointed out that there was strong

opposition to the peace process and the BBL. What was conceived to be

a comprehensive, inclusive, and multiparticipatory peace process became

focused on the MILF, ignoring the Moro National Liberation Front (MNLF),

with which it has a 1996 Peace Agreement, as well as the sentiments of the

indigenous people or Lumad in mainland Mindanao.

While opposition to the BBL became more pronounced after the Mamasa-

pano encounter, the draft measure was already problematic to begin with as

there were "strategic aws in the conduct of the peace process," Wadi con-

cluded. Despite these problems, he still expressed the belief that the country

needs the BBL.

For Sapitula, what happened after the Mamasapano debacle was the ero-

sion of trust in the government and trust in the MILF as the other legitimate

party in the peace process. Whatever prejudice non-Muslims held against

Muslims and Moros blew out of proportion with calls for violence, all-out

war, and extermination.“It is sad,” he said, “that people could think of fellow human beings as

less human and can therefore be killed like pests.” But from a sociological

perspective, the outbursts were not surprising and revealed the latent preju-

dice that exists in many non-Muslim Filipinos. It is also easy for these people

to call for war because of their distance from Mindanao. Whatever happens

there will not affect them and whoever is affected can be easily dismissed.

Moving forward

Mindanao voices calling for peace are not loud enough, it seems. “They

continue to be drowned out by voices of people who are not even in Mindan-

ao,” Sapitula said. Wadi, on the other hand, said that majority of non-Muslim

Filipinos are not ready to accept "the Moros' readiness to embrace peace and

willingness to live harmoniously [with them]." Fear, suspicion, and mistrust

still prevail.

He added that there has to be a realization that the country is faced with

an increasing and serious problem and to address this problem, nationalleaders must emerge in both Filipino and Moro communities that have com-

prehensive understanding, vision, and competence in running the country.

"Unfortunately, they could not come from the present craft of traditional

politicians."

These new breed of leaders must have been "honed by sheer desire to

heal the nation, those whose hearts are with the oppressed and the poor,

those who are seless in doing public service and are not after praise or

wealth." Wadi added that they must be supported by equally patriotic,

peace-loving, and competent mass sectors that are willing to chart just and

lasting peace throughout the country.

It will take generations to undo the prejudice against Muslims and Moros

that has been in play for centuries. “It should begin with the young today,

so they may carry it over to succeeding generations,” Sapitula said. Our

knowledge about Mindanao and its peoples is not nuanced. "We need to

understand Mindanao, Moros, Islam—Mindanao as homeland, Moro as

a culture and way of life, Islam as a religion." Monocultural thinking andassimilationist views are hindrances to genuine peace. He emphasized the

need to accept and not just tolerate differences and provide room for legiti-

mate diversity.

Latent prejudice must be addressed because if it is not, it will continue to

explode every time there is a trigger. What is serious about the latent preju -

dice that was manifested by non-Muslim Filipinos following the Mamasa -

pano encounter is that war was still an option, that in the discourse of many

Filipinos, killing was still an acceptable form of resolving conict. Sapitula

said that "if prejudice is left unchallenged, it will persist."

--------------------

Email the author at [email protected].

The Filipino Muslim: Living with Prejudice, Yearning for Peace...


Right: Prof. Manuel Sapitula

of the UP Department ofSociology. Left: UP Institute

of Islamic Studies DeanJulkipli Wadi.

Cover photo: Doves of peace being released during

the Quezon City PoliceDistrict Interfaith Rally held

at the Quezon MemorialCircle, February 6, 2015 ,

taken from the Ofce of thePresidential Adviser on the

Peace Process website,http://opapp.gov.ph/.media/

photos.

P h o t o f r o m t h e O f c e o f t h eP r e s i d e n t i a l A d v i s er

o n t h eP e a c eP r o c e s s w e b s i t e , h t t p : / / o p a p p . g o v . p h / m e d i a / p h o t o s


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Celeste Ann L. Castillo

continued on page 5

Healing the Wounds of Mamasapano...


The armed conict continues to this

day. Just this February, nearly 15,000

people had to ee their homes yet

again when sporadic gunghts broke

out between members of the Bangsam-

oro Islamic Freedom Fighters (BIFF),

the MNLF and the MILF in the bound-

ary of Maguindanao and North Cota-

bato. Days later, government troops

launched an offensive against the BIFF

gunmen, resulting in the deaths of sol-

diers, MILF and BIFF members, and

an unknown number of civilians.2

A month before that, in Barangay

Tukanalipao, Mamasapano in Maguin-

danao, a police operation intended to

eliminate a wanted terrorist went ter-

ribly wrong, resulting in the deaths of

44 members of the Philippine NationalPolice Special Action Force, 18 mem-

bers of the MILF, ve of the BIFFs and

several civilians, sending a shockwave

of horror and anger reverberating

throughout the nation.

War by the numbers

Armed conict has been a scourge in

Mindanao for too long. A February 25,

2015 ANC The World Tonight special

report pegged the nancial cost of four

decades of armed struggle in Mind-

anao, in terms of lost business and in-

vestment opportunities and widespread

damage to property and infrastructure,

at over P700 billion, with the govern-ment spending an estimated P3 billion

yearly to pay for the war.

The cost of war in terms of human

lives, however, is immeasurable. Over

150,000 soldiers, policemen, rebels and

civilians have died in the conict since

1972. The Switzerland-based Inter -

nal Displacement Monitoring Centre

estimates that since 2000, over four

million people have been displaced

in Mindanao due to a combination of

armed conict, crime and violence, and

clan violence,3 resulting in generations

of children who have grown up in an

environment of violence, instability,

helplessness, division and a never-

ending quest for revenge that keeps

them locked in a vicious cycle of war,

poverty and death.

If we are to have peace in Mind-

anao, this is not the way to go. The

Bangsamoro Basic Law (BBL), which

would establish the Bangsamoro politi-

cal entity to replace the ARMM, was

meant to be our best shot for peace in

the region, but the January 2015 events

at Mamasapano have since turned the

tide of opinion against the law, both

among lawmakers and the public.

So with or without the BBL, what

can we do to return to peace?

Multigenerational trauma

In a war, the rst to suffer are the people directly affected by the ght-

ing—the communities themselves.

“Especially, if the community is tagged

as sympathetic to the rebels,” said Dr.

June Caridad Pagaduan-Lopez, profes-

sor at the UP College of Medicine De-

partment of Psychiatry and a member

of the UN Subcommittee on Prevention

of Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.

The fact that no one had taken re-

sponsibility for the events only wors-

ened matters. The lack of accountabil-

ity and clear and sufcient information

surrounding the operation in Mama-

sapano only made the trauma worse.“[With accountability and informa-

tion], you get to stop the speculations,

and you get to stop the prejudices

that arise from it,” Lopez said. “The

prejudices are already deep-seated, and

this [event] is coming out as a prime

example for both sides that they cannot

trust each other. [There must be a clear

explanation] so that you do not fuel all

the negative perceptions, which will

lead to even more conict.”

The trauma of armed conict is not

just isolated to the communities. The

combatants suffer trauma as well. In

the Mamasapano incident, the slain

SAF 44 and their families were given a

great amount of air-time and attention,

as they should. But Lopez urges us to

“remember also that on the side of the

MILF, there were families who were

left by those who were killed.”

The trauma of the armed conict ex-

tends even further. “From an outsider’s

perspective, we can say that because of

the long years of conict in Mindanao,

the people are beset with multigenera-

tional trauma. The said trauma is also a

source of mistrust among people,” said

Joy Lascano, deputy executive direc-

tor of the Balay Rehabilitation Center,

Inc., a non-governmental organiza-

tion that works for the psychosocial

relief and rehabilitation of survivors

of human rights violations. “If the

prejudices and biases continue and we

as a nation spread the hate to the next

generation, a multigenerational trauma

manifested in the form of anger, fear of

other religions and hatred is possible.”

This pervasive, multigenerational

trauma, triggered and intensied by

the Mamasapano incident, has seriousrepercussions on the peace process

and the fate of the BBL. Imam Ebra

Moxsir, president of the Imam Council

of the Philippines and a chaplain of the

PNP, recalls how Muslims in Mindan-

ao greeted the signing of the Compre-

hensive Agreement on the Bangsamoro

(CAB) in March 2014 with hope.

“There was a small group that had

some disagreements [with the CAB],

but majority welcomed the signing of

the CAB. Our brother Muslims in Min-

danao rejoiced. This was to be the end

of the ghting, a new hope, for all the

sectors—professional, academe or re-

ligious, and all the other sectors of our brother Muslims, as well as the lumads

and non-Muslims living in Mindanao,

especially in the provinces where the

majority is Muslim,” Imam Moxsir

said. “And it is truly sad that, just when

we were so close [to the passage of the

BBL], this happened. Because of the

Mamasapano incident, there are new

wounds and new sources of conict

between Christians and Muslims.

“And the sadder thing is,” he added,

“the people of Mindanao, especially

those living in what would be the fu-

ture political entity of Bangsamoro, are

not the ones clamoring for an end to

peace. They have not lost hope in the

CAB. What’s sad is that these calls [for

all-out war] come from here [in Metro

Manila]. The people of Mindanao will

not easily issue calls for all-out war,

because it has been tried before and it

has not proven to be the solution.”

Us vs Them

In the storm of commentary fol-

lowing the Mamasapano incident, it

became evident how easily we suc-

cumbed to the tendency to break down

complex issues such as armed conict

in Mindanao into “us vs them” narra-

tives. Many Filipinos found themselves

participating in prejudice, rash judg-

ments and expressions of hate, often

abetted by statements from the media.

Hardly a recipe for promoting peace

and inclusivity. But still, in a sense,

perfectly normal.

“As a social psychologist, one can

look at this [from the] theoretical

perspective of social identity,” said Dr.

Ma. Cecilia Gastardo-Conaco of the

UP Diliman Department of Psychol-ogy. She explains that in the notion

of social identity, our minds actually

categorize people into groups, and we

internalize our identity in individual

groups. This system of compartmental-

izing is a cognitive strategy to make

processing a very complex world much

easier and to prevent us from being

overwhelmed by information.

Photos from left to right: Dr. Ma.

Cecilia Gastardo-Conaco of theUP Department of Psychology;

deputy executive director of theBalay Rehabilitation Center, Inc.

Joy Lascano; Dr. June CaridadPagaduan-Lopez of the UP

College of Medicine Departmentof Psychiatry; and Ebra Moxsir,

president of the Imam Councilof the Philippines and a chaplain

of the PNP.


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continued on page 6

P h o t o f r o m t h e O f c e o f t h eP r e s i d e n t i a l A d v i s er

o n t h eP e a c eP r o c e s s w e b s i t e , h t t p : / / o p a p p . g o v . p h / m e d i a / p h o t o s

“This leads to very interesting psycho-

logical effects in terms of how we see the

members of the out-group and how we see

the members of the in-group. And usually

one impact of the relationship of this in-

group-out-group view is that it has conict

potential,” Conaco continued. “You tend to

see your own group more positively and the

other group more negatively.”In the wake of the Mamasapano inci-

dent, many Filipinos considered the SAF

44 as part of the in-group and so justi-

ably felt anger and horror at their deaths.

“Everyone has a right to be aggrieved. On

the other hand, think about the other side,”

said Conaco. “I’m sure there were Muslim

women who felt, ‘ah, how terrible, we were

raided so early in the morning and now my

husband is dead.’ But we do not see that,

because what is salient to us is the feeling

and affect of the in-group, and that is what

is being fueled by the in-group media.”

The trouble comes when almost all ex-

ternal stimuli around you is geared towardreinforcing this categorical thinking, which

the mind offers as further “proof” that the

unquestioned notions and unprocessed

generalities you hold of an entire group of

people are true. These “proofs” are then

expressed again, usually by the members

of the in-group, and they become more

external “proof” and create a closed-off

loop of stereotypical thinking that empha-

sizes differences instead of commonalities,

exclusion instead of inclusion. The result?

Conict instead of cooperation.

For Conaco, the media present a clear

example of this. “When you look at a

newspaper, writers there say, ‘A Muslim

terrorist…’ Can’t we just say a terroristis a terrorist without saying he’s Muslim

or Christian? And when the criminal is

a Christian, the newspapers don’t say,

‘A Christian robber.’ But when it’s the

out-group concerned, you underscore the

difference. What you’re actually doing is

underlining the between-group differences,

underlining the categories that exist. Media

tend to reinforce that, I think. And with the

Mamasapano incident, it seems that it has

reinforced a lot of paranoia.”

This constant rehashing of group dif -

ferences has been done for so long it has

become a habit. For the media, focusing

on conict, violence and negative events

may help sell papers or boost ratings, but itultimately reinforces the categorical, “us vs

them” habit of thinking.

“How can you recover [from the trauma

of an incident like Mamasapano] when

every day you hear the same thing on the

radio, when you open the newspaper, and

when you check the Internet? It’s always

perpetually refreshed. If this was a

wound, how would it ever heal if you

keep poking at it?” Conaco pointed

out. “I think it’s irresponsible and un-

ethical to do that. It’s tearing the nation

apart even more.”

For Lopez, the root cause of our ten-

dency to focus on in-group/out-group

differences and dehumanize people or

discount their lives by calling for war

as a kind of panacea is not a lack of

compassion.

“It’s mindlessness,” she said. “We

don’t think enough. We don’t reect

enough. And we don’t appreciate the

mind enough—how it dictates every

action you make, and how the minds

of our people are the most important,

most precious elements of this society.”

Sheer mindlessness—a lack of

self-awareness and recognition of how

our behavior, language, thoughts and

choices impact one another and create

our environment—is what allows us to

stay inside the loop of in-group think -

ing and continue to regard the members of the out-group as a faceless mass

instead of as individuals.

“I call it mindlessness, because that’s

what we are even in ordinary ways,”

said Lopez. “Filipinos can be mindless

about throwing trash, mindless about

paying our taxes correctly, mindless

about going about their jobs. Post-Ma-

masapano is not a military issue. It’s

not a police issue. It’s a psychosocial

issue.”

Healing the community

To help the people of Tukanalipao,

Mamasapano recover from the trauma,

establishing safety is the top prior -ity. “When I say safety it’s not only

physical safety for everyone. You have

to give them a sense of psychological

safety as well,” said Lopez. “Has there

been an effort to talk to the commu-

nity? [We have] to get them to air their

sentiments, make them feel that they

were heard and that whatever they feel,

they will be safe? That rst of all, they

will not be judged, but most of all, they

will be free of retaliation, that they are

free to speak their minds.”

Establishing “spaces of peace” where

members of the communities—Mus-

lim, Christian or lumad —can rebuild

their lives, process their experiences,and hold dialogues with one another

to foster greater understanding has

produced results before. From 2002 to

2004, Lopez introduced a program in

Pikit—dubbed Balik-Kalipay or Return

to Happiness—as the rst program-

matic attempt to provide training in

psychosocial healing in a systematic

and sustained manner.

The Balay Rehabilitation Centre has

also established a space of peace in

Pikit, consisting of seven villages, as

well as projects that include establish-

ing child-friendly spaces for psychoso-

cial activities, peace camps, counseling

and life-skills training, peace advocacy,

the promotion of natural farming and

cooperatives as livelihood sources.

“Most communities are engaged in

peace-building efforts, including the

cessation of hostilities. Of course, this

intervention started from an outsider

who once believed that to end the

conict, one must sow peace,” said

Lascano. “As a result of the early inter -

ventions there were a number of areas

where peace zones are declared and

peace efforts were initiated. Later, the

interventions include strengthening and

building the resilience of the people

and the community. These programs,

we can say, sowed hope among the

people as they have learned to workand live with other people with diverse

cultures, ethnicities and religion. This

proves,” she added, “that peace-build-

ing is healing in itself.”

Selling the BBL

“The advent of the consciousness of

the Mindanawans to Right to Self-

Determination,” Lascano continued,

“has also brought hope to the people.

There is no prescription or step-by-step

process for communities in dealing

with hopelessness, but educating the

people of what [they can do] is essen-

tial to give them hope.”

This was the spirit in which the BBLwas drafted—to provide the Bangsam-

oro people a political space that would

secure their identity and posterity and

allow for meaningful self-governance.

“If you’re looking at it from [the per -

spective of] realistic conict, maybe

the solution is to do something about

what they are ghting over,” said

Conaco. “The other thing is to move

toward what they call superordinate

solutions, where the groups can work

together to achieve something. In fact,

I think this is one of the elements of

the new BBL. The idea is that we can

all move together towards economic

productivity. We cannot be in perpetualconict.”

The problem, however, is that this

idea has to be sold to its audience.

“People should be made aware, for ex-

ample, of what the provisions are of the

BBL. Also, there should be a clearer


6/24


Khalil Ismael Michael Gomez Quilinguing

The Plight of the “Bakwi

Since I was a child, my family has been in this situation. We ee, return home and rebuild our lives.Then we evacuate again; it is never ending.” These were the words of Bai Zahara Alim when shewas interviewed by journalist Ferdinand Cabrera for Davao City-based media cooperative Mind-

anews.1

Alim and her family were bakwits or among those who had to evacuate their homes in Shariff -

Saydona, Maguindanao after operations against members of the Bangsamoro Islamic Freedom

Fighters (BIFF) were launched by the armed forces and the Moro Islamic Liberation Front

(MILF).

A corruption of the English word ‘evacuate,’ the term bakwit refers to individuals dis-

placed in areas frequently affected by conict, in this case, Central Mindanao.

In this recent evacuation, Alim and her neighbors would be affected by military

offensives against the BIFF. The operations were launched in the aftermath of the Ma-masapano incident, where 44 police Special Action Force (SAF) died in an attempt

to capture two wanted terrorists.

On January 25 this year, SAF commandos raided in Mamasapano, Maguin-

danao, what was believed to be a hideout of Malaysian terrorist Zulkii Abdhir,

more widely known as Marwan, and his Filipino protégé Abdul Ahmad Akmad

Usman, better known as Basit Usman. While Marwan was later conrmed to

have been killed in the operation, the national police anti-terror unit suffered

its heaviest losses in a single day in its 32-year history.

The operation against Marwan and Usman could not have happened at a

more inopportune time. The Government of the Republic of the Philippines

(GRP) and the MILF were in the middle of a massive nationwide informa-

tion campaign aimed at disseminating information on the Bangsamoro

Basic Law (BBL). The organic act would seal the peace agreement ending

almost four decades of conict between the government and Muslim

separatists.

A product of years of on-and-off negotiations, the BBL would be theculmination of the renewed commitment to peace between the Aquino administration and the MILF

leadership which culminated in the signing of the Comprehensive Agreement on the Bangsamoro on

March 2014.2

But all the carefully planned steps towards lasting peace in several areas in Mindanao were put to the

test by the Mamasapano incident. In the days immediately following the death of the SAF commandos,

the national political leadership, the top brass of the military and the police, the media and Filipinos online

and ofine question the wisdom of the peace agreement, with the BBL hanging in the balance.

While debates on the BBL, the peace process between the government and the MILF and the Mamasapa-

no operation raged in the halls of power and online, what was hardly discussed in the Senate and the House

or Representatives was the impact of the incident to the local population of Maguindanao and surrounding

provinces.

In the days following the raid, non-government organizations (NGOs) and the Department of Social

Welfare and Development (DSWD) noted the evacuation of several families living near the area of the

incident.

On February 5, 2015, the International Organization for Migration (IOM) noted clashes between the

MILF and the BIFF, as well as another clash on February 15. The reghts between the BIFF and the

MILF resulted in the displacement of several residents and families in Buliok, Kalbugan, Bagoinged in

Pagalungan, Maguindanao.3

According to the IOM, as many as 11,384 families or 58,742 individuals were displaced by the conict in

Maguindanao and the ooding in nearby North Cotabato between January 23 to February 17, 2015.

The story of evacuees in Central M

of the Mamasapano Incident



continued on page 7

Image adapted from a photo by Ruby Thursday,MindaNews, http://www.mindanews.com/photos/bakwit-7/

appreciation of the process [of drafting

it went through],” said Conaco.

Imam Moxsir agrees. “To be hon-

est, the information dissemination and

educational campaign for the BBL is

insufcient. What is the substance of the

BBL? What are its contents? Sometimes

people interpret the law, but the interpre-

tations are awed. We need to increase

the information and education campaign,

and we need to explain that the BBL is

the key to peace in Mindanao.”

As in any good marketing pitch, to

sell a product—in this case, the BBL—

the alternatives must be presented and

shown as unfavorable. “And what is

the alternative to the peace package?

It’s war. And obviously, that is no de-

cent alternative to peace,” said Conaco.

Moving boundaries

If peace is to have a chance, then it

is up to us to give it that chance—to

make spaces of peace, understandingand inclusivity where we are, begin-

ning with our minds.

For instance, there are ways to

subvert the human tendency toward

categorical thinking. One way is to get

to know the members of the out-group

on an individual basis, to form rela-

tionships with them, and to learn to

see them as people, just like you, “so

you’re more aware of the individual

rather than a lumped, totalized, faceless

whole,” said Conaco.

Another way is to move the bound-

aries of our mental categories and

divisions outward. “Why within the

Philippines do we have the Muslims,

the Christians, the IPs—all separate

groups? We can go higher in our pro-

cessing and think, we are all Filipinos

so we are all under the big category of

Filipino. And that category is inclu-

sive.” In this, the education systemcan help much by emphasizing what

it means to be Filipino. The media

also has an important role to play as

the other major socializer of society,

along with the government. “[These

three] shape your cognitions about the

Filipino in-group. They can shape our

emotions,” Conaco pointed out.

If one is to work toward peace, then

understanding is critical. “We have to

understand the context of Mindanao,

including its history that is not writ-

ten in the formal history book, analyze

and confront the situation and players,

educate and enhance the capacity of

the Mindanawan tri-people, and let the

people decide for themselves,” said Las-

cano. “Dialogues and open discussions

should be encouraged. If we do not know

enough, better not to say anything. We

cannot say that we know Mindanao and

Mindanawan and the issues surround-ing them unless we have been living and

working with them, unless we are open

to better understand them and use their

own lens rather than ours.”

The power of religion to draw people

together and spark dialogue is unparal-

leled, and for Imam Moxsir, interfaith

dialogue among Muslims and Chris-

tians is necessary. “We need to open up

the interreligious discourse. The politi-

cal is just one aspect [of this situation],

but from our perspective, this is also a

spiritual [issue]. The solution here is

dialogue on both sides so that we come


7/24


s”

NOTES:1 Cabrera, F. (2015, March 2). Evacuees in Mindanao bewail

hardships caused by displacement. Mindanews. Retrieved from

http://www.mindanews.com/top-stories/2015/03/02/evacuees-in-

maguindanao-bewail-hardships-caused-by-displacement/

2 Sabillo, K. (2014, March 26). What is the omprehensive Agreement

on the Bangsamoro. Philippine Daily Inquirer . Retrieved from

http://newsinfo.inquirer.net/589245/what-is-the-comprehensive-

agreement-on-the-bangsamoro

3 International Organization for Migration (IOM) Philippines. (2015,

February 19). Situation Report No.3. IOM Philippines – Response

to displacement due to conict and natural disaster in Mindanao.

Retrieved from https://www.iom.int/files/live/sites/iom/files/

Country/docs/Sitrep-Mindanao-3-19Feb-2015.pdf 4 Cabrera, F. (2015, March 2). Maguindanao to declare state of

calamity as military offensives vs. BIFF intensies. GMA News

Online. Retrieved from http://www.gmanetwork.com/news/

story/445421/news/regions/maguindanao-to-declare-state-of-

calamity-as-military-offensive-vs-biff-intensies

5 Locsin, J.(2015, March 15). Fighting in Maguindanao has displaced

close to 100k people, NDRRMC says. GMA News Online.

Retrieved from http://www.gmanetwork.com/news/story/452893/

news/regions/ghting-in-maguindanao-has-displaced-close-to-

100k-people-ndrrmc-says

6 Ibid.

7 Fernandez, A. (2015, March 17). AFP: All-out offensive vs. BIFF

nearing end; 117 rebels killed.GMA News Online. Retrieved from

http://www.gmanetwork.com/news/story/453949/news/regions/

afp-all-out-offensive-vs-biff-nearing-end-117-rebels-killed

8 Ofce for the Coordination of Humanitarian Affairs (OCHA). (2015,

April 1-30). Humanitarian Bulletin: Philippines. Issue 4. Retrieved

from http://reliefweb.int/sites/reliefweb.int/files/resources/

OCHAPhilippines%20Humanitarian%20Bulletin%20No4%20

%28April%202015%29%20FINAL.pdf

9 Ibid.

10 Bureau of Public Information.(2015, May 25). About 85,000 IDPs

return home in Maguindanao: Autonomous Region in Muslim

Mindanao. Retrieved from http://www.armm-info.com/2015/05/

about-85000-idps-return-home-in-maguindanao.html

indanao in the aftermath

By March 2, the number of evacuees or bakwits

was already 8,130 families or 30,130 individuals.

While the earlier report by the IOM was signi-

cantly higher, the gure released by the regional

relief arm Autonomous Region in Muslim Mindanao-

Humanitarian Emergency Action and Response Team

(ARMM-HEART) is solely based on those affected

by the conict.4 The earlier gure had included indi-

viduals also affected by the oods in North Cotabato.

As a result of the displacement of the communities,

GMA News Online reported that local legislators had

even gone to the extent of calling for the declarationof a state of emergency in the province of Maguin-

danao. Aside from affecting the communities in the

areas where the military operations were raging, the

displacement of individuals also affected schools in

the area, as these were used as evacuation centers.

The intense ghting between the AFP and the MILF

on one hand and the BIFF on the other would result

inthe increase in the number of bakwits to as many

as 20,247 families or 99,262 individuals by March

15. The National Disaster and Risk Reduction and

Management Council (NDRRMC) noted that these

evacuees came from 14 towns affected by the conict

and a rido or feud between families.5

As a result of the evacuations, the NDRMMC also

noted that as many as 48 public elementary and high

schools in Central Mindanao were affected by thedisplacement of communities. This has also resulted

in the disruption of classes for 20,632 students and

301 teachers.6

On March 15, 2015 combined elements of the mili-

tary and the police arrestedMohamad Ali Tambako in

Barangay Calumpang, General Santos City, prompt-

ing AFP public affairs chief Lt. Col. Harold Cabunoc

to tell the media in a press brieng that operations in

Central Mindanao were nearing their end.7 Cabunoc

also added that as a result of the military offensives in

Central Mindanao, 117 rebels had been killed, while

53 had been wounded. Forty-seven of the fatalities

have been identied by authorities and their relatives.

While Cabunoc’s pronouncements should have

been a signal for bakwits to return to their homes and

their communities, it was only a month later when

government agencies and non-government organiza-

tions noted a signicant reduction in the number of

displaced families and individuals.



NOTES:

1 Schiavo-Campo, Salvatore, and Judd, Mary.

(2005, February). The Mindanao conict in

the Philippines: Roots, costs, and potential

peace dividend . Social Development

Papers, Conict Prevention and

Reconstruction, Paper No. 24. Washington:

The World Bank Social Development

Department. Retrieved from http://www-

wds.worldbank.org/external/default/

WDSContentServer/WDSP/IB/2005/03/28

/000011823_20050328152733/Rendered/

PDF/31822.pdf

2 See the following:

Fernandez, Edwin. (2015, February 17.)

15,000 ee from MILF, BIFF ghting in

North Cotabato, Maguindanao. Inquirer.

net . Retrieved from http://newsinfo.

inquirer.net/673519/15000-ee-from-

milf-biff-ghting-in-north-cotabato-

maguindanao#ixzz3g2ScgOF4

Maitem, Jeoffrey and Manlupig, Karlos. (2015,

February 18). BIFF rebels torch MNLFhomes in Pikit, North Cotabato. Inquirer.

net . Retrieved from http://newsinfo.inquirer.

net/673661/biff-rebels-torch-mnlf-homes-in-

pikit-north-cotabato#ixzz3g2SqBQrb

Inquirer.net. (2015, February 22). Military

launches offensive vs BIFF . Retrieved from

http://newsinfo.inquirer.net/674368/military-

starts-assault-vs-biff-in-maguindanao-north-

cotabato

Balana, Cynthia D. and Manlupic, Karlos.

(2015, February 26). AFP launches all-

out offensive aga inst BIFF. Inquirer.net.

Retrieved from http://newsinfo.inquirer.

net/675424/afp-launches-all-out-offensive-

against-biff

3 Internal Displacement Monitoring Centre.

(n.d.). Philippines IDP gures analysis.

Retrieved from http://www.internal-

displacement.org/south-and-south-east-

asia/philippines/gures-analysis

According to the United Nations Ofce for the

Coordination of Humanitarian Affairs (OCHA), about

60percent of the evacuees displaced by the conict in

Central Mindanao returned to their homes towards the

end of April. From a peak of over 130,000 bakwits,

only 43,900 remained in 32 evacuation centers in

Maguindanao by April 24, 2015.8

In the OCHA report, ARMM-HEART also noted

that while many of the bakwits had returned to their

homes and communities, many fear that they might

have to pack up their belongings again as the security

situation still remained volatile.Despite these apprehensions, government aid

agencies as well as NGOs continued giving the

bakwitssupport by providing them food packs, water,

sanitation and hygiene implements, as well as health

services. Psychosocial aid and programs, as well

as educational assistance were also provided to the

evacuees.9

About a month after the bakwits started returning

to their homes, and two months after the military

announced the conclusion of the offensive, ARMM-

HEART reported on May 25, 2015 that 84,980 of the

evacuees affected by the conict in Maguindanao had

returned to their homes and communities, leaving

40,355 individuals still in the camps.10

Despite the signicant decrease in the number of

bakwits and affected communities, the regional aidorganization documented that there were still 30

evacuation centers operating as a result of the conict

between government forces, the MILF and the BIFF.

These centers are spread among the ve remaining

affected municipalities.

ARMM-HEART also noted that despite assur -

ances by the military and government ofcials of the

restoration of peace in their municipalities, some of

the bakwitshaddecided to remain in the camps for fear

that violence might again erupt in their communities.

And while there was continuing psychosocial aid and

education for the affected individuals, assistance can

only go as far as to give them a semblance of hope

and life in the camps.

Half a year since the pyrrhic raid which set off the

violent chain of events in Maguindanao, the bakwits

are still reeling from the political, social and emo-

tional effects of the events which followed the inci-

dent, while political leaders and ordinary citizens in

faraway Manila still debate over the ultimate respon-

sibility for the death of the SAF commandos.

Much has been said by political leaders, the mili-

tary, the academe, the media and ordinary Filipinos

far from the areas of conict, on the impact of the

Mamasapano incident on how the BBL and the peace

agreement between the government and the MILF

will now be viewed. Very few, however, even mention

the Filipinos displaced by the conict which resulted

from the botched operation. Still fewer speak of the

plight of the bakwits who still cannot go back to their

homes for fear of renewed conict—fears born of theviolence brought back to their towns by the raid on

that fateful day in January.

--------------------

Email the author at [email protected]

to a mutual understanding and a spirit

of cooperation, so that we understand

that each religion desires peace.”

He also recommends returning to

the basics of our respective religious

beliefs, given that each belief system

has peace in its core. “It is written in

the Holy Quran that if you kill just

one human life, especially an inno-

cent life, it is as if you have killed the

whole world. And if you save just one

life, then it is as if you have saved the

whole world. Let mutual cooperation

and understanding take hold. Let us

not judge, or make interpretations. We

have to know and understand rst.”

Ultimately, the key to peace is not

just through laws or blame-casting. It is

through everyday mindfulness—“being

in the here and now, in the present,

and facing what you have to face in a

thoughtful, reective way,” said Lopez.

This means being aware of and em-

pathetic toward people’s feelings and

emotions and personal contexts—of

knowing that each individual needs to

be listened to and to be shown kind-

ness. This goes for everyone, from the

community members, to the families

of the slain combatants, to disaster

relief workers, to ofce employees, to

jeepney drivers, to social media com-

menters, to the people on the street.

“[We have to] go back to the minds of

people. Be mindful of the mindsets of

people. What mindset did the Mama-

sapano incident leave us in the way we

see peace, in the way we see war, in the

way we see Muslims and Christians?

What is of help to us, and what is hurt-

ful to us? And we must sensitize our

people about war. Media will not be the

proper source. It makes us aware, but it

is not the source of right thinking.”

“We have to do the work,” said

Conaco. “And there’s a lot of work…

But the big thing really is we must give peace a chance. [Because] what is the

alternative, really? It’s all we have.”

--------------------



8/24


Rep. Rufus B. Rodriguez

Chairperson, Ad Hoc Committee on the Bangsamoro Basic Law

Be on the Right Side

of History!(Note: This is the sponsorship speech for HB 5811 delivered by Rep. Rodriguez at

the Plenary Hall of the House of Representatives on June 1, 2015.)

...continued from page 1

6734, ENTITLED “AN ACT PROVID-

ING FOR AN ORGANIC ACT FOR

THE AUTONOMOUS REGION IN

MUSLIM MINDANAO”

This measure took years in the making,

paid for by the blood and tears of our

people. This measure has brought to the

fore the need to address the issues that

have stunted the otherwise robust growth

of Mindanao.

Mindanao is the second largest island

of the Philippines and home to 24

percent of the Filipino population. This

represents at least 18 million people of

highly diverse ethnicities, cultures and

ways of life. The people of Mindanao

are basically divided into three groups,

the Moro, the Lumad and the Christian

settlers.

The national government has ignored

Mindanao and marginalized its indig-

enous and Muslim populations. Edu-

cation, services and opportunities for

Mindanao’s distinct populations have

been consistently inadequate over time.This is why there is conict.

In a paper titled, The Mindanao Con-

ict in the Philippines: Roots, Costs, and

Potential Peace Dividend written by Sal-

vatore Schiavo-Campo and Mary Judd

Long (Social Development Paper, The

World Bank: February, 2005), the authors

mentioned that the Mindanao conict

is the second oldest on earth, after the

conict between North and South Sudan.

The long history of the conict can be

summarized as follows: “Before the ar -

rival of the Spaniards in the 16th century,

Mindanao has already been in contact

with Muslim traders from Indonesia

and Malaysia long before the Spaniardswhich resulted in the conversion to Islam

of the inhabitants, and the formation of

the Muslim Sultanates of Maguindanao

and Sulu, among others. When the

Spaniards arrived, Luzon and most of the

Visayas were subdued and converted to

Catholicism, but they never succeeded in

Mindanao. When the Americans came,

Mindanao was brought under control

of the national government after the

end of the Philippine-American War.”

Despite this, hostility and conict have

remained endemic until today. According

to the same paper, the Philippines was

comparatively calm for a period after it

was granted independence in 1946, but

conict ared up again in the late 1960’s

as growing numbers of Christians settled

in Mindanao. Settlers arrived particularly

from Central Luzon and Panay Island in

the Visayas. The resettlement was fos-

tered by a deliberate policy of the central

government in Manila and eventually

resulted in Mindanao having a Christian

majority overall, with Muslim-majority

areas concentrated in the central and

southwestern regions.

Overall, although religious differences

have partly shaped it, the roots of the

conict have been the clash of interests

in land and other natural resources, and

the identity issues emerging from the

de facto second-class status of much of

the Moro population. Complicating the

picture is the fact that indigenous peoples

have historically been pushed aside

and displaced from the lowlands to the

highlands.

Starting from the administration of

President Ferdinand Marcos, the gov-

ernment has made several attempts to

forge a negotiated peace settlement with

the Moro rebels, realizing that a purely

military solution to the problem was not

the answer.

The 1976 Tripoli Agreement with the

Moro National Liberation Front (MNLF)

provided for the immediate cessation of

armed hostilities between the two parties

and established the framework for an

autonomous region for the Muslims in

Mindanao. President Corazon Aquino

fullled the provisions of the Tripoli

Agreement on the condition that it should

follow the Constitutional process of

holding a plebiscite to determine whichamong the provinces specied in the

Tripoli Agreement would opt to become

part of the autonomous region.

President Fidel Ramos continued

the peace initiative which resulted in

the signing of a peace accord with the

MNLF under Nur Misuari.

Under President Joseph Estrada’s

administration, the threat no longer

emanated from the MNLF because many

MNLF ofcials had joined government

or were elected local government of -

cials with tacit support from the central

administration. The new challenge ema-

nated from the Moro Islamic Liberation

Front (MILF), a breakaway group fromthe MNLF. President Estrada declared

an “all-out war policy” and mobilized

a large military contingent to capture

several MILF camps, including its main

headquarters in Camp Abubakar.

The administration of President Gloria

Macapagal-Arroyo initially declared an

“all-out-peace” policy with the MILF

but was forced to temporarily abandon

it when the military launched another

assault on MILF-controlled territories in

pursuit of “criminal elements” operat-

ing there. But peace was again restored

when the MILF under Chairman Murad

Ebrahim forged a ceasere agreement

with the government.”

Under the leadership of President

Benigno S. Aquino III, peace talks

continued with MILF chair Murad "Al

Haj" Ebrahim and the President,who

even had an unprecedented meeting in

Japan where both agreed to expedite the

peace process. The Framework Agree-

ment on the Bangsamoro was eventually

signed, followed by the Comprehensive

Agreement on the Bangsamoro (CAB)

with President Aquino saying, “I will not

let peace be snatched from my people

again. Not now when we have already

undertaken the most signicant steps to

achieve it.” And nally, the proposed

Bangsamoro Basic Law was submitted

to both Houses of Congress.

We all know what happened next.

Twenty-four public hearings (conducted

in Luzon, Visayas and Mindanao), 19

regular meetings and eight executive

sessions, for a total of 51 meetings, were

conducted by the Ad Hoc Committee in

a span of eight months—from the time

it was formally organized on September

16, 2015 up to May 20, 2015.

We invited to these meetings heads of

departments and of government agen-

cies, local chief executives (including

members of local legislative bodies),

deans of various law schools, members

of the academe, legal luminaries/experts

in constitutional law, non-governmental

organizations, civil society organizations

and people’s organizations, labor groups

and chambers of commerce. Public con-

sultations were attended by the general

public, who were able to voice their

opinions and concerns about the bill, and

its possible impact on their lives, their

families and their communities.This is the most inclusive and com-

prehensive consultation for a piece of

legislation in the entire history of our na-

tion since the start of the rst Philippine

Assembly in 1907.

The Ad Hoc Committee has heard

all sides of the issue. We have made

several amendments to the initial draft,

incorporated several proposals from our

esteemed colleagues, and on May 18

and 19, voted on each and every section,

line-by-line, on the Chairman and Vice

Chairperson’s working draft.

On May 18, the Committee had ap-continued on page 22


9/24


We stand now at a crossroads ofour nation’s history, and arefaced with a momentous choice. We

can move forward, or we can fall back.

We can descend into war and death, or

create peace and prosperous life.

I am sure that we all agree that there

is only one clear, resounding choice we

can accept: the choice of peace. Peaceis the clarion call of our time. Peace is

the cry of our people. And so, peace

there shall be. Peace in Mindanao,

peace throughout our land.

But peace cannot be achieved and

cannot be sustained if it is not an inclu-

sive, all-embracing peace. Peace can-

not only be for the benet of Muslims,

or Christians, or only for the MILF, or

the MNLF, or the BIFF. Peace cannot

distinguish between Filipino and Moro,

between Tausug and Maranao, between

Lumads and other indigenous peoples.

Peace must embrace all faiths and all

peoples. Peace must respect and uplift

all cultures and beliefs. Peace is not

and cannot be exclusive; it is inclusive.War and conict is not an option. It

never was, never will be, and never

should be. After the tragedy of Ma-

masapano, the desire for vengeance

could seduce even the peace-minded.

And sadly, in our midst even today,

there are those who insist that total war

against the MILF and other rebellious

movements is the real solution.

That is wrong, but understandable.

Who could not feel rage and anguish,

after seeing the courageous SAF 44

mercilessly slaughtered by elements of

the MILF and BIFF, some even after

they were wounded, disarmed, and

A Country without Heroes

Is a Country without Soul

Sen. Ferdinand “Bongbong” R. Marcos, Jr.

Chairman, Senate Committee on Local Government and the Committee on Public Works

helpless, their equipment and even per -

sonal effects stripped from them and

passed around as war trophies, or sold

on the black market to be used later

against their own comrades?

That we have not responded with

violent revenge is a blessing we owe to

the widows and families of our fallen

SAF 44, who have displayed courageand a burning desire for peace every

bit the equal of their slain loved ones.

In the midst of personal grief and loss

we can scarcely imagine, they have

shown us the grace of choosing the

righteous path. They asked only that

justice be served. They choose this

path despite their families having

been torn apart. They choose this path

despite their brave loved ones having

been abandoned by their leaders, rst

in a hopeless battle in which

they were outnumbered and

outgunned, and many times after,

when their government failed—

nay, rejected—every opportunity

to honor the fallen SAF 44 with

the decency, respect, and honor

betting those who have given

their lives for our country.

They choose the path of peace.

And so shall we.

Our heroes died for peace, and

we honor them because a country

without heroes is a country with-

out a soul.

This is why the Basic Law of

the Bangsamoro Autonomous

Region we have created with

great effort and the help of many

people is so important. Ourheroes are best honored with

deeds, not words, and there can

be no greater honor than to nish

the task for which they gave their

lives, because in honoring our

heroes, we honor the Philippines,

and all its diverse people.

We should not, and we cannot

fail them.

I accepted the challenge and

made a commitment to correct the

many aws of the original Bangsamoro

Basic Law because I believe in peace.

I recognize, as our people do, that this

law is necessary to achieve that peace.

But it can only meet that sacred goal ifit is a law that is constitutional, a law

that is all-embracing, inclusive of all

who have been tragically affected by

the conict as well as every Filipino,

a law that honors our heroes and what

they fought and died for.

And so we proceeded carefully, with

respect for the future we are all trying

to create for this country. We pro-

ceeded by being inclusive, and invit-

ing the consultation of every affected

stakeholder. We proceeded according

to the laws of our land, and the desire

of every Filipino for peace.

We proceeded in this careful,

thoughtful way because unfortunately,

our leadership did not. From the very

beginning, the Bangsamoro Basic Law

and the “comprehensive” agreement

from which it was derived were not

inclusive.

From secret meetings in hotel rooms,

held in faraway places at the sole dis-

cretion of the President of the Republicand disregarded the constitutional au-

thority of this very body in deliberating

treaties; to the hasty accession to every

demand of the MILF by our negotiat-

ing team; to the exclusion of all other

stakeholders, the conduct of talks and

creation of the Bangsamoro Basic Law

in its original version only served to

raise fears and suspicions. Many of our

people have accused these leaders of

‘selling out,’ and putting the peaceful

integrity of our republic at grave risk.

Some have even gone so far as to char -

acterize the conduct of these leaders as

treasonous.

Many have openly questioned, as

do I, why Malaysia was invited to be

the facilitator and moderator of these

talks. Malaysia, which stubbornly

refuses to recognize our rightful claim

to Sabah. Malaysia, which has, at least

in the recent past, given shelter and

aid to separatists and terrorists against

the Filipino people. Malaysia is not a

disinterested party, whose only goal is

to aid the creation of peace. Malaysia’s

involvement only raises suspicions

about the loyalties of those in the new

Bangsamoro region, and raises justi-

able fears of the “balkanization” of our

land, and the irretrievable loss of ourrightful territory in Sabah.

Obviously, I would not have chosen

Malaysia to assist us in this all-impor -

tant endeavor. I suspect many of you

would not have done so, either. That,

however, cannot be undone now.

But what can be undone, and what

we have undone, are the unacceptable

and harmful conditions and provisions

our President and our negotiating team

thoughtlessly accepted in their haste to

earn accolades for their work.

Let me be clear: we strive for peace.

We must have peace, and we shall have

peace. But we will not have peace at

the expense of our sovereignty. Wewill not have peace by surrendering

our land at the behest of the leadership

of Malaysia, which, while a respected

neighbor and valuable regional part-

ner in many other ways, seeks only to

advance its own interests in Mindanao

and Sabah at the expense of the people

of the Philippines. We cannot have a

peace that violates our own supreme

law, the Constitution. And we certainly

will not have peace if it excludes even

one of the many groups who have suf -

fered through the long years of conict

and the poverty it has caused.continued on page 16

(Note: This is the sponsorship speech for SB 2894, the substitute bill for the BBL

delivered by Sen. Marcos at the Senate on August 12, 2015.)


10/24


On September 16, 2014, the House of Representatives (HR) formed an adhoc committee to conduct hearings on the Bangsamoro Basic Law. Led byCongressman Rufus Rodriguez, the Committe worked on House Bill 4994, the

original HR version of the BBL.

Rodriguez conducted 24 public hearings in Luzon, Visayas, and Mindanao,

and 19 regular meetings and eight executive sessions, or a total of 51 meetings,

in a span of eight months from the time the committee was organized up to

May 20, 2015, when the committee completed a nal draft.

"This is the most inclusive and most comprehensive consultation for a piece

of legislation in the entire history of our nation, since the start of the rst Phil-

ippine Assembly in 1907," Rodriguez said.

On May 20, 2015, with a vote of 50 in favor, 17 against and 1 abstention, the

committee approved the Committee Report with an attached 91-page substitute

bill to House Bill No. 4994.

On June 1, 2015, Rodriguez brought the substitute bill, HB 5811, to the ple-nary for approval. It was still being deliberated as of press time.

The substitute bill differs from the original BBL in

• specifying Bangsamoro as an autonomous region;

• considering the 1976 Tripoli Agreement area of autonomy in dening "con-

tiguous territory";

• reverting the ofces of the Ombudsman, Civil Service, and Audit to re-

gional extensions of the corresponding national government agencies;

• including provisions for supervisory powers of and cooperation with

national government and national government agencies, particularly on

human rights, peace and order, external defense, and external economic

agreements;

• highlighting the supremacy of the Philippine Constitution, sovereignty and

territorial integrity;

• deletion of provisions for a titular head;

• applying the Indigenous Peoples’ Rights Act, the UN Declaration of the

Rights of Indigenous Peoples, and the United Nations Declaration on Hu-

man Rights in recognizing non-Moro IP constituents;

• and the national government having authority over strategic minerals such

as uranium, petroleum, and other fossil fuels, mineral oils, and all sources

of potential energy.

In a report in the Philippine government's Ofcial Gazette, the Ofce of the

Jo. Florendo B. Lontoc

Salient Amendments by

Congress to the Bangsamoro

Basic Law through HB 5811

Presidential Adviser on the Peace Process quoted Philippine chief peace nego-

tiator Miriam Coronel Ferrer as praising HB 5811 for retaining the three most

substantive elements of the BBL.“The important elements are still there, notably the structure of government;

the automatic block grant; and the layered voting process through which the

majority vote in the six Lanao del Norte municipalities and 39 North Cotabato

barangays shall be determined at the level of the local government unit,” she said.

Ferrer also said the substitute bill preserves the spirit of political and scal

autonomy.

She cited a provision for the Chief Minister to have two deputies, one from the

island provinces and another from central Mindanao, as a substantial change.

“The welfare of the indigenous peoples has been enhanced. The same is true

with the protection of women’s rights and welfare. While there were cutbacks

on the jurisdiction of the Bangsamoro government over natural resources, the

wealth-sharing from the exploration, development, and utilization of these

resources were not changed,” Ferrer was quoted in the gazette.

--------------------


Salient Deleti

to Co

HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811

AN ACT PROVIDING FORTHE BASIC LAW FOR THE

BANGSAMORO AND ABOLISHINGTHE AUTONOMOUS REGION IN

MUSLIM MINDANAO, REPEALINGFOR THE PURPOSE REPUBLIC

ACT NO. 9054, ENTITLED “AN ACTTO STRENGTHEN AND EXPAND

THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM

MINDANAO,” AND REPUBLIC ACTNO. 6734, ENTITLED “AN ACT

PROVIDING FOR AN ORGANIC ACTFOR THE AUTONOMOUS REGION

IN MUSLIM MINDANAO,” AND FOROTHER PURPOSES

AN ACT PROVIDING FORTHE BASIC LAW FOR THE

BANGSAMORO AUTONOMOUSREGION, REPEALING FOR THE

PURPOSE REPUBLIC ACT NO.9054, ENTITLED “AN ACT TO

STRENGTHEN AND EXPANDTHE ORGANIC ACT FOR THE

AUTONOMOUS REGION IN MUSLIMMINDANAO,” AND REPUBLIC ACT

NO. 6734, ENTITLED “AN ACTPROVIDING FOR AN ORGANIC ACT

FOR THE AUTONOMOUS REGIONIN MUSLIM MINDANAO”

PREAMBLE PREAMBLE

XXX XXX XXXIn consonance with the Constitution

and the universally acceptedprinciples of human rights, liberty,

justice, democracy, and the normsand standards of international

law, reective of our system oflife prescribed by our faith, and in

harmony with our customary laws,cultures and traditions;

XXX XXX XXX

Within the framework of theConstitution and national

sovereignty as well as theterritorial integrity of the Republic

of the Philippines, the universally

accepted principles of human rights,liberty, justice, democracy, and the

norms and standards of internationallaw, reflective of our system of

life prescribed by our faith, and inharmony with our customary laws,

cultures and traditions;

Article I

NAME AND PURPOSE

Article I

NAME AND PURPOSE

Section 1. Short Tile. – This lawshall be known and cited as the

“Bangsamoro Basic Law.”

SECTION 1. Short Title.– This lawshall be known and cited as the

“Basic Law of the BangsamoroAutonomous Region.”

Section 2. Name. – The name of the

political entity under this Basic Lawshall be the Bangsamoro.

SEC. 2. Name. – The name of the

political entity under this BasicLaw shall be the Bangsamoro

Autonomous Region.

Article IIITERRITORY

Article IIIGEOGRAPHICAL AREA OF THE

BANGSAMORO AUTONOMOUSREGION

Section 3. Conti guous Territory. –The areas which are contiguous and

outside the core territory may opt atany time to be part of the territory

upon petition of at least ten (10%) ofthe registered voters and approved

by a majority of qualified votes castin a plebiscite.

SEC. 3. Contiguous Territory. – Any loca l government unit

or geographic area outsidethe territorial jurisdiction of

the Bangsamoro but which arecontiguous to any of the component

units of the Bangsamoro and withinthe area of autonomy identified in

the 1976 Tripoli Agreement, mayopt to be part of the Bangsamoro

by filing a petition of at least tenpercent (10%) of the registered

voters of the interested localgovernment unit or geographic

area. The inclusion of the localgovernment unit or geographic

area in the Bangsamoro shallbe effective upon approval by a

majority of the votes cast in theplebiscite of the political units

directly affected. Petitions forinclusion may only be filed on the

fifth (5th) and tenth (10th) yearfollowing the enactment of this Basic

Law. The schedule of the plebiscite

shall be determined by theCommission on Elections.

Photo from the Ofce of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos


11/24


ons and Amendments to the Original HB 4994

nform to the Philippine ConstitutionRep. Rufus B. Rodriguez

Chairman, Ad Hoc Committee on the Bangsamoro Basic Law

HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811 HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811

Article IVGENERAL PRINCIPLES

AND POLICIES

Article IVGENERAL PRINCIPLES

AND POLICIES

Section 5. Promotion of Unity. -

The Bangsamoro Government shallpromote unity, peace, justice, and

goodwill among all peoples, as wellas encourage a just and peaceful

settlement of disputes. The Bangsamoro abides by the

principle that the country renounceswar as an instrument of national

policy, adopts the generally acceptedprinciples of international law as part

of the law of the land and adheres tothe policy of peace, equality, justice,

freedom, cooperation, and amity withall nations.

SEC. 5. Promotion of Unity. – The

Bangsamoro Government shallpromote unity, peace, justice, and

goodwill among all peoples, as wellas encourage a just and peaceful

settlement of disputes.

(2nd paragraph is Deleted)

Article V

POWERS OF GOVERNMENT

Article V

POWERS OF GOVERNMENT

Section 1. Reserved Powers. –

Reserved powers are matters overwhich authority and jurisdiction are

retained by the Central Government.The Central Government shall

exercise the following reservedpowers:

1. Defense and external security;2. Foreign policy;

3. Coinage and monetary policy;

4. Postal service;5. Citizenship and naturalization;6. Immigration;

7. Customs and tariff as qualifiedby Section 2(10), Article V of this

Basic Law;8. Common market and global

trade, provided that the power toenter into economic agreements

given to the ARMM under R.A.9054 is hereby transferred to

the Bangsamoro Government asprovided in Article XII, Section 25

of this Basic Law; and9. Intellectual property rights.

SECTION 1. Reserved Powers. –

Reserved powers are matters overwhich authority and jurisdiction

are retained exclusively by theNational Government. The National

Government shall exercise thefollowing reserved powers:

1. National defense and nationalsecurity;

2. Foreign policy;

3. Banking, coinage and monetarypolicy;4. Postal service;

5. Citizenship and naturalization;6. Immigration;

7. Powers of the Ombudsman;8. Customs and tariff as qualified

by Section 2 (10), Article V of thisBasic Law;

9. Common market and global trade,provided that the power to enter

into economic agreements given tothe Autonomous Region of Muslim

Mindanao (ARMM) under Republic Act No. 9054 i s hereby t ransferred

to the Bangsamoro Government asprovided in Section 25, Article XII

of this Basic Law;10. Intellectual property rights; and

11. All other powers not granted tothe Bangsamoro Government by

this Basic Law.

Section 2. Concurrent Powers. –Concurrent powers shall refer to the

power shared between the CentralGovernment and the Bangsamoro

Government within the Bangsamoro,as provided in the Basic Law.

The Central Government andthe Bangsamoro Government shall

exercise shared powers within theBangsamoro on the following matters:

SEC. 2. Concurrent Powers. –Concurrent powers refer to the

powers shared between the NationalGovernment and the Bangsamoro

Government within the Bangsamoroas provided in this Basic Law.

The National Government andthe Bangsamoro Government shall

exercise shared powers within theBangsamoro on the following matters:

7. Auditing. – The Bangsamoro

auditing body shall have auditingresponsibility over public funds

utilized by the Bangsamoro, withoutprejudice to the power, authority and

duty of the National Commissionon Audit (COA). The Bangsamoro

Government shall ensuretransparency mechanisms consistent

with open government practices.

g. Auditing. – The Bangsamoro

auditing body shall haveinternal auditing responsibility

over revenues and other fundsgenerated within or by the region

from external sources. Thisshall be without prejudice to the

power, authority, and duty of theCommission on Audit to examine,

audit, and settle all accountspertaining to the revenues and

the use of funds and propertyowned and held in trust by any

government instrumentality,including government-owned and

-controlled corporations (GOCCs).

8. Civil Service. – The Bangsamoro

Government shall develop and

administer a professional civil

service corps, to include the powers

and privileges on civil service

matters provided in R.A. No. 9054,

and without prejudice to the power,

authority, and duty of the national

Civil Service Commission.

There is hereby created a

Bangsamoro Civil Service office

that shall develop and administer

a professional civil service corps,

without prejudice to the power,

authority and duty of the national

Civil Service Commission. The

Bangsamoro Government shall

enact a civil service law for thispurpose. This law shall govern

the conduct of civil servants,

the qualification for non-elective

positions, adopt the merit and

fitness system, and protect

civil service eligible in various

government positions, including

government-owned and/or

controlled corporations with original

charters, in the Bangsamoro.

The Bangsamoro Government

shall have primary disciplinary

authority over its own officials and

employees.

h. Civil Service. – The Bangsamoro

Government shall develop and

administer a professional civil

service corps, to include the powers

and privileges on civil service

matters provided in Republic Act

No. 9054, and without prejudice to

the power, authority and duty of the


There is hereby created a

Civil Service Office for the

Bangsamoro Autonomous Region

that shall develop and administer

a professional civil service

corps, without prejudice to the

power, authority, and duty of the

Civil Service Commission. The

Bangsamoro Government shallenact a civil service law for this

purpose. This law shall govern

the conduct of civil servants,

the qualification for non-elective

positions, the merit and fitness

system, and the protection of

civil service eligibles in various

government positions, including

government-owned and/or

controlled corporations with original

charters, in the Bangsamoro

Autonomous Region. The C ivil

Service Office will be monitored,

regulated, and supervised by the


The Bangsamoro Government

shall have disciplinary authority

over its own officials andemployees. The disciplining

authority of the Bangsamoro

Government over its own officials

and employees is without prejudice

to the Constitutional powers, duties,

and authority of the Office of the

Ombudsman to investigate any act

or omission of any public official,

employee, office, or agency.

Article VI

INTERGOVERNMENTAL RELATIONS Article VI

INTERGOVERNMENTAL RELATIONS

Section 1. AsymmetricRelationship. – The relationship

between the Central Governmentand the Bangsamoro Government

shall be asymmetric. This isreflective of the recognition of their

Bangsamoro identity, and theiraspiration for self-governance. This

makes it distinct from other regionsand other local governments.

SECTION 1. AsymmetricRelationship. – The relationship

between the National Governmentand the Bangsamoro Government

is asymmetric. This is reflective ofthe recognition of t he Bangsamoro

identity and the aspiration forself-governance. This makes

it distinct from other regionsand other local governments.

Asymmetric relationship refersto the relationship between the

National Government and theBangsamoro Government as an

autonomous region, as providedunder Section 15, Article X of

the 1987 Constitution, wherein

the autonomous regions aregranted more powers and lessintervention from the National

Government compared toother territorial and political

subdivisions.

Continued on page 12


12/24



Salient Deletions and Amendments to the Original HB 4994...



Section 14. National Support

Services. – The relationship betweenthe Bangsamoro Police and the

national support services of thePhilippine National Police shall be

determined by the intergovernmentalrelations body.

(Deleted)

Section 2. Bangsamoro Police. –There is hereby created a Bangsamoro

Police which shall be organized,

maintained, supervised, and utilizedfor the primary purpose of lawenforcement and maintenance of

peace and order in the Bangsamoro. Itshall be part of the Philippine National

Police.XXX XXX XXX

SEC. 2. Bangsamoro Police. – Thereis hereby created a Bangsamoro

Police which shall be organized,

maintained, supervised, and utilizedby, and be an integral part of thePhilippine National Police. Its primary

purpose is law enforcement andmaintenance of peace and order in the

Bangsamoro Autonomous Region inaccordance with the Constitution and

existing laws.XXX XXX XXX

Article XI

PUBLIC ORDER AND SAFETY

Article XI

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Finding Peace in Bangsamoro