CONCEPT PAPER FOR TOPIC PRESENTATION

TOPIC: Understanding the Bangsamoro Right to Self-Determination

by Abhoud Syed M. Lingga

Source/Reference: Tuazon, Bobby. Rethinking the Bangsamoro Crucible. A Reader

Discussant: SINSUAT, Bai Johara Irynna B.

Date of Presentation: January 23, 2017

A. Salient Points/Summary

Self-determination as a Right
Right to self-determination refers to the right of peoples everywhere to freely
determine their political status and pursue their economic, social and cultural development.
The political, economic, social and cultural sovereignty of the concerned
population must be afforded to the population concerned, in order to render the right as
effective.
The United Nations have embodied in various instruments the right of peoples to
self-determination, and the principle of territorial integrity of states.
UN instruments that enshrine the right of people to self-determination include:
1. Article 55 of the United Nations Charter
2. General Assembly Resolution 1514 (XV)
3. Article 1 of the International Covenant on Economic, Social and
Cultural Rights (ICESCR), and of the International Covenant on
Civil and Political Rights (ICCPR)
UN instruments that uphold the principle of territorial integrity of states
include:
1. Article 2(4) of the UN Charter - applicable between states only
2. UN General Assembly Resolution No. 2625 - territorial integrity of states
is made contingent on the government being representative of the
whole people and non-discriminatory.
The scope of a government representing the whole people, stipulated in
Resolution No. 2625, is being debated.
Hannun: non-discrimination only on the grounds of RACE, CREED or
COLOUR.
Buchheit: based on the premise that oppression legitimizes secession.
Musgrave: international law permits secession as a legal remedy in certain
circumstances.
Allen Buchanans remedial right theory of secession - Separation would be
acceptable if there are systematic violations of human rights or unjust
annexation of territories.

There are also attempts to reconcile the conflict between demands for self-
determination and the principle of territorial integrity of states.
Hannun: idea of autonomy as a less-than-sovereign self-determination.
 Musgrave: autonomy within an independent state cannot be part of self-
determination for the purposes of international law.

The right to self-determination covers the right of a people who hold such right to
decide whether they would want to form a separate state.
Although the right to secede is not encouraged, it can be resorted to when a
minority suffers from human rights abuses and gross oppression.

Holders of the Right to Self-determination

Following the Report of the International Conference of Experts, which was
organized by UNESCO, the holders of the right to self-determination are people,
or groups, who have some or all of the following common features:
1. Common historical tradition
2. Racial or ethnic identity
3. Cultural homogeneity
4. Linguistic unity
5. Religious or ideological affinity
6. Territorial connection
7. Common economic life
Additionally, UNESCO experts stated that the will to be identified as a people, or
the consciousness of being a people, must be possessed by the group. They should also be of
a certain number. Also, there must be an institution that expresses the groups common
characteristivs and the will for identity.

Bangsamoro Right to Self-determination

Since the Bangsamoro people have a common historical tradition and religious
affinity, share many cultural practices, and occupy contiguous territory, the group is
qualified to be afforded with the right of self-determination.

Identity and Homeland

The name Moro was given by Spanish colonizers to the Muslims in Mindanao.
Bangsa, on the other hand, is a Malay word which means nation.
The traditional homeland of the Bangsamoro people consisted of the territories
under the jurisdiction of their governments before the emergence of the Philippine state.
Specifically, the major governments during the pre-Spanish period were the following: the
Sulu Sultanate, Magindanaw Sultanate, the Datu Dakula of Sibugay, the Rajah of Buayan,
and the Pat a Pangampong ko Ranao.
The colonial policy of the Philippine government, which included the
encouraging of Filipino settlers from the north to settle in the Bangsamoro homeland, has
made the Bangsamoro into a minority. However, the Bangsamoro people continued to assert
their right over their homeland.

History of Independence
The Sulu Sultanate, which was established by Sultan Shariff ul-Hashim in the
middle of the 15th century, and the Magindanaw Sultanate, which was established by Shariff
Muhammad Kabungsuwan in the early 16 th century, were the first two experience of the
 Bangsamoro people of statehood and governance. The Sultanate of Buayan and the Pat a
Pangampong ko Ranao were subsequently organized.
Before the arrival of the Spanish colonizers, the Muslims of Mindanao have
already established their own states and governments, with diplomatic and trade relations
with other countries. The existence of those administrative and political systems is being
cited as one of the reasons for the survival of the Bangsamoro people against the military
campaigns of Western colonial powers. This has enabled them to preserve their identity as a
political and social organization.
Additionally, the Bangsamoro people were able to preserve their independence,
due to the failure of the Spaniards to conquer their territories. This is the basis of the
argument that the Bangsamoro territories are not part of what were ceded to the United
States in the Treaty of Paris of 1898.
Group-organized guerilla attacks against the American forces forces were
launched to save what remained of the sultanates military powers. The individuals also
contributed through the prang sabil, which means the martyrdom operation, to show
defiance against the American occupation of their homeland.
The Bangsamoro expressed their strong objection to be a part of the Philippine
republic when the US government promised to grant independence to the Philippines. One
instance of the conveying of this ideal was when the Bangsamoro leaders, in a meeting in
Zamboanga, voiced out that they be made an unorganized territory of the USA, in order for
them to be granted independence, in case the US would decolonize its colonies and other
non-self governing teritories.

Continuing assertion for Independence

The Bangsamoro people have continued to assert their right to independence,
even after becoming a part of the Philippine republic, as they believe that the annexation of
their homeland as illegal and immoral.
Their assertion was manifested through a variety of forms, such as, the armed
resistance of Kamlon, Jikiri and Tawan-Tawan, Amilbangsas legislation of House Bill No.
5682, the creation of the Mindanao Independence Movement by Datu Udtog Matalam, and
the organization of the Moro National Liberation Front, which was later supplanted by the
Moro Islamic Liberation Front.
Sectors of the Bangsamoro society also expressed their resistance, through
various movements and collective assemblies. The general message of the Bangsamoro
people was that the reestablishment of the Bangsamoro state and government was the only
viable solution to the conflict.

GRP recognizes Bangsamoro self-determination

The Government of the Republic of the Philippines recognizes the right to self-
determination of the Bangsamoro people, as stated in the Tripoli Agreement of Peace of
2001 between the GRP and the MILF. This has been affirmed by Secretary Silvestre C.
Afable of the Government Peace Negotiating Panel.
Grievances
Enumerated below are the complaints of the Bangsamoro regarding their situation
of being discriminated and oppressed.
1. Christian majority are biased against Muslims as shown by studies, which
has lead to the exclusion of the group from jobs, education, housing and
business opportunities.
2. The Bangsamoro became a minority in their own homeland because of
government policies and programs.
3. The Government failed to deliver basic services and needed development
to Bangsamoro communities.
4. The Government failed to protect the persons and properties of the
Bangsamoro people.

Determination of the Bangsamoro Political Status

The core issue in the right to self-determination is the determination of a peoples
political status.
How is the political status of a people determined?
- UNESCO: Self-determination is achieved by fully participatory democratic
processes among the people who are seeking the realization of self-determination,
including referenda where appropriate.
- Secretary Afable expressed that the Bangsamoro people shall decide on their
political status in a referendum, with a number of choices for their preferred political
arrangements.
A lengthy political debate and dialogue must be conducted within communities in
order to assure that a referendum is participatory and democratic. This would allow the
citizens to be fully aware of what the options are and their implications, and to ensure that
they are ready for a referendum.
Lingga, the author of the article, agrees with the recommendations of the
Bangsamoro peoples Consultative Assembly and the Mindanao Peoples Peace Movements
that the referendum shall be held not earlier than five years but not more than 10 years after
a decision is made. Also, he suggests that the supervision of a third party, from the
international community, would make the referendum credible.

Independence as expression of self-determinaion

An independent Bangsamoro government has to observe the following principles:
1. The system of government to be adopted shall be determined by the
Bangsamoro people themselves.
2. Residents of the territory at the time of independence shall be the citizens
of the Bangsamoro state.
3. The Bangsamoro government shall honor international conventions, which
are applicable to the territory, to which Philippines is a signatory.
4. The independent Bangsamoro state can have a special relationship with
the Philippines, through treaties.
 5. Laws applicable to the Bangsamoro territory at the time of independence
shall remain in force until amended or repealed by the Bangsamoro
legislative body.
6. The Bangsamoro government shall conclude agreements with the
Philippines on matters relating to the apportionment of properties
and debts of the Philippines.

Options for Christians and Indigenous People of Mindanao

Based on demographics, a great portion of Bangsamoro territories is being
occupied by the Indigenous People and the Filipino settler communities. If the two non-
Muslim groups would choose to not join the Bangsamoro state, they must be given the
freedom to do so. With the essence of democracy, they can establish their own separate
independent states. This is perceived as a better proposition because they would be able to
address the specific and unique needs of their citizenry.

B. Objectives of the Presentation

To understand the Bangsamoro right to self-determination
To establish why the Bangsamoro people deserves to be afforded with the right to self-
determination
To present the efforts of the Philippine government, and the Bangsamoro to resolve the
Mindanao conflict
To appreciate the historical underpinnings of the Bangsamoro struggle and the peoples
fight for independence
To discuss how the Philippine government failed to resolve the Mindanao problem

C. Discussion Outline
I. Introduction
a. I would first ask the class about their personal perceptions about the
Bangsamoro people, and their own understanding of self-
determination. (5 minutes)
b. I would show a short video about the Bangsamoro struggle. (3
minutes)
c. Then, I would piece together the details highlighted in the video with
the idea of self-determination, as discussed in the article. (2 minutes)
II. Discussion Proper
Discuss the concept of self-determination. (5 minutes)
Discuss the Bangsamoro struggle for independence, including the history, and
their continuing assertion for independence. (10 minutes)
Discuss the aspects of the struggle that are related to the Government of the
Republic of the Philippines, such as the recognition of the right, and the
complaints of the Bangsamoro against the government. (10 minutes)
 Discuss the determination of the Bangsamoro political status, the principles that
the future Bangsamoro state should embody, and options for the Filipino setlers
and the Indigenous Peoples of Mindanao. (5 minutes)
III. Synthesis
Give a synthesis of the topic. (5 minutes)

D. Conceptual Application Plan

I would like to discuss the concept of the right to self-determination in the context
of the Bangsamoro issue. Firstly, I will ask the class for their perceptions on the
meanings of the two concepts. Then, I will explain what the concepts mean. In the
course of the discussion of the article, I will attempt to show the significance of the
Bangsamoro struggle in Mindanao.

E. Synthesis Points
The aspiration of the Bangsamoro for self-determination is the main root of the
Mindanao problem. Historically, they were the dominant group in the Southern part of
the Philippines. However, the arrival of colonizers, and the implementation of neo-
liberal colonial policies have displaced them from their own homeland, which further
transformed their status into a minority. Furthermore, they have experienced
discrimination and oppression, within the auspices of the Philippine republic.
Right to self-determination is the right of people to freely determine their political status
and pursue their economic, social and cultural development, which can only be made
effective through the recognition of the sovereignty of the people in the mentioned
aspects.
Ideally, the GRP must recognize the right of the Bangsamoro people to self-
determination. However, looking at history, they have always failed to address the
problems of the Moro people towards the realization of their self-determination.

F. Reflections and Personal Insights

Being a Bangsamoro by blood, I have been constantly exposed to the challenges
faced by my people. Growing up, I believed that being a Muslim in the Philippines entails a
life of discrimination and hardship. When I was admitted to a school in Luzon, I thought
twice of pursuing my college education there, because of the possible discrimination that I
would face. Despite that, however, I persisted. My exposure to different personalities in the
University has made me realize how misunderstood the Bangsamoro people are. I was so
sensitive to negative perceptions towards the Bangsamoro, especially, when people
associated the Moros to terrorism. Even when I transferred to Davao, some of my friends
have told me how negative their ideas are about Muslims, especially about those from
Mindanao, given that it is the home base of many armed groups. This type of negativity
towards the Bangsamoro, I think, stems from the wrong dissemination of information about
the group. The media have always served to spread sensationalize news that associate the
Bangsamoro to terrorism. Little is known about the real plight of the Bangsamoro, which is
to achieve and enjoy their right to self-determination. Also, historically speaking, the
Bangsamoro people are the original occupants of most parts of the Southern part of the
Philippines. It is heart-wrenching to see people from my region, or from my province
specifically, who are experiencing hunger and violence, in their daily lives, because the GRP
failed, and is still failing, to resolve the issue.