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8/20/2019 Finding Peace in Bangsamoro
1/24
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
8/20/2019 Finding Peace in Bangsamoro
2/24
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
8/20/2019 Finding Peace in Bangsamoro
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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...
continued from page 2
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
8/20/2019 Finding Peace in Bangsamoro
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4 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
Celeste Ann L. Castillo
continued on page 5
Healing the Wounds of Mamasapano...
continued from page 4
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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UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 5
Healing the Wounds of Mamasapano...
continued from page 4
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 mem- bers 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
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6 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
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
Healing the Wounds of Mamasapano...
continued from page 5
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
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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.
Healing the Wounds of Mamasapano...
continued from page 6
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.”
--------------------
Email the author at [email protected].
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8 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
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
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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.)
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10 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
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.
--------------------
Email the author at [email protected].
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
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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
Civil Service Commission.
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
Civil Service Commission.
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
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12 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811
Salient Deletions and Amendments to the Original HB 4994...
continued from page 11
HOUSE BILL NO. 4994 SUBSTITUTE HOUSE BILL NO. 5811
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
PUB