Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I.
II.
I.
(MILF), Abu Sayyaf Group (ASG), and Bangsamoro Islamic Freedom Fighters
(BIFF), as well as between different Moro groups in ridos or feuds.
This study will focus on the experiences of women in the ARMM, which
is composed of the provinces of Lanao del Sur, Maguindanao (except Cotabato
City), Basilan (except Isabela), Sulu, Tawi-Tawi and Marawi City.
Women have been victims of the appalling consequences of conflict in the
Philippines, and particularly in the Bangsamoro. Conflicts have marginalized
women and have ravaged them of their properties, lives, and spirits. Reports have
indicated that Bangsamoro women have experienced several human rights
violations such as trafficking-in-persons, internal displacement, economic
dispossession, and even rape.
The United Nations Security Council Resolution (UNSCR) 1325,
unanimously adopted ON 31 October 2000, called for the upholding of womens
rights in times of conflict and womens participation in the peace process and
post-conflict reconstruction. The Philippines was one of the first countries to
adopt and include in its own National Action Plan (NAP) the principles of
UNSCR 1325 on women, peace, and security.
More recently, last October 2012, the GPH and the MILF signed the
Framework Agreement on the Bangsamoro which, aside from the structure and
powers of the Bangsamoro political entity and the processes and mechanisms for
the transition from ARMM to the Bangsamoro, also provides for the basic rights
of Bangsamoro women to political participation and to their equal access to social
and economic opportunities.
Thirteen (13) years after the adoption of UNSCR 1325, attention must be
directed on how the Philippines has responded to the challenge of putting a
gendered perspective and prioritizing the womens agenda. It may seem that there
still has more to be done to engage the nation in the discourse of womens agenda
and their major role in the peace process.
This paper will be dedicated to understanding the conflict in the
Bangsamoro, its impact on the Bangsamoro, and the womens perception on their
role in ending the decades long conflict. In juxtaposing the present plight of the
women in Bangsamoro, with the UNSR 1325 and NAP, this paper hopes to
identify the gaps in its implementation and ascertain the potential role of women
in the new Bangsamoro autonomous region.
By understanding the legal framework for the protection of womens
rights, we learn its limitations; the gaps in the implementation and the need to
further strengthen the institutions to respond to the needs of women in conflictaffected areas. By studying the history of their struggle and their present
condition, we learn to appreciate and recognize the vital role of women in
realizing a just, lasting an inclusive peace.
OBJECTIVES
Encyclopedia of Governance, Volume 2, Thousand Oaks, CA, SAGE Reference 2007, p760, Gale Virtual
Library
2
Miriam Coronel Ferrer, Peace Matters: A Philippine Peace Compendium, 1997
3
Miriam Coronel Ferrer, Framework and Synthesis of Lessons Learned in Civil Society Peace Building,
Volume I, UNDP/UP, 2005
4
EXECUTIVE ORDER NO. 19 - CONSTITUTING THE NATIONAL UNIFICATION COMMISSION,
PRESCRIBING ITS AUTHORITY AND FUNCTIONS AND FOR OTHER PURPOSES, 1992
5
Miriam Coronel Ferrer, The Philippine National Unification Commission: National Consultation and the Six
Paths to Peace
EXECUTIVE ORDER NO. 125 September 15, 1993, DEFINING THE APPROACH AND
ADMINISTRATIVE STRUCTURE FOR GOVERNMENT'S COMPREHENSIVE PEACE EFFORTS
The term Bangsa means Nation and Moro means Muslim Filipino
Santos, Soliman, The Moro Islamic Challenge, Constitutional Rethinking for the Mindanao Peace Process,
p.41, (2001)
9
Lingga, Ahboud Syed, Mindanao Peace Process: Needing a New Formula, Paper presented during the
SEACSN Conference 2004: Issues and Challenges for Peace and Conflict Resolution in Southeast Asia,
Shangri-La Hotel, Penang, Malaysia, 12-15 January 2004
Ibid
11
Majul, Cesar A., Muslims in The Philippines, University of the Philippines, 1973
12
13
15
17
REPUBLIC ACT 6734, AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM
MINDANAO
22
Beyond the Silencing of Guns, Edited by Chandra K. Roy, Victoria Tauli-Corpuz and Amanda RomeroMedina. Eleanor Dictaan-Bang-oa The Question of Peace in Mindanao, Southern Philippines, p157 (2004)
23
Supra note 20
24
Ramos, Fidel V., Break Not the Peace: The Story of the GRP-MNLF Peace Negotiations 1992-1996, 1996
25
Leslie Dwyer and Rufa Cagoco-Guiam, Gender and Conlifct in Midanao, p7 (2010)
Francisco Lara and Phil Champain, Inclusive Peace in Muslim Mindanao: Revisiting the Dynamics of
Conflict and Exclusion, p.4 (2009)
27
Beyond the Silencing of Guns, Edited by Chandra K. Roy, Victoria Tauli-Corpuz and Amanda RomeroMedina. Eleanor Dictaan-Bang-oa The Question of Peace in Mindanao, Southern Philippines, p157 (2004)
28
Ibid
10
11
Province of North Cotabato vs Republic of the Philippines Peace Panel on Ancestral Doman (GRP), G.R.
No. 183591, 568 SCRA 402, October 14, 2008 (Carpio-Morales, J)
12
As cited Ibid
32
Available at http://www.gov.ph/2011/08/04/the-presidents-day-august-4-2011/president-aquino-and/
13
34
Formal Exploratory Talk is defined by the GPH and MILF as an exchange of thoughts between the parties
which consists of a very sophisticated set of protocols especially because, in this domestic issue, we have to
engage a third country facilitator.
14
and sustainable development for the proposed Bangsamoro political entity. It also
provides for the principles and mechanisms that will be part of the system of
fiscal administration in the Bangsamoro region.
3. Annex on Power Sharing which was signed last 08 December 2013.
This provides for the delineation of powers at different levels. The Central
Government will have its reserved powers, the Bangsamoro
Government
will have its exclusive powers within its territorial jurisdiction and there will be
concurrent powers shared by the Central
and the Bangsamoro Governments.
4. Annex on Normalization which was signed last 25 January 2014. The
process of normalization has three main components: 1) security aspect;
2) socio-economic development; and 3) transitional justice.
In brief, OPAPP explains the FAB as follows:
The Framework Agreement on the Bangsamoro
(FAB), signed on 15 October 2012, outlines the
general features of the political settlement between
the Government of the Philippines (GPH) and the
Moro Islamic Liberation Front (MILF). It defines
the structure and powers of the Bangsamoro entity
that will replace the Autonomous Region in Muslim
Mindanao (ARMM). It also sets the principles,
processes, and mechanisms for the transition until
the regular election in 2016 for the new
Bangsamoro autonomous political entity.
The FAB paves the way forward to the just
resolution of the historical divide between the
Government and the Bangsamoro. It puts together
the points of consensus achieved in the series of
talks between the GPH and the MILF that took off
with the forging of the Ceasefire Agreement in
1997. This new entity shall be called the
Bangsamoro. The document also charts the road
map or the steps and mechanisms for the transition
leading to the creation of the Bangsamoro. The
road map can be aptly described as an inclusive
and people-driven process.35
The FAB espoused the same principles on women and reiterated the words
of the Decision Points:
VI BASIC RIGHTS
1. In addition to basic rights already enjoyed, the following rights of all
citizens residing in the Bangsamoro bind the legislature, executive and
judiciary as directly enforceable law and are guaranteed:
35
15
xxx
g. Right of women to meaningful political participation , and protection
from all forms of violence;
xxx
i. Right to equal opportunity and non-discrimination in social and
economic activity and the public service, regardless of class, creed,
disability, gender an ethnicity;
Pursuant to the spirit of the FAB, the Sajahatra Bangsamoro was born last
February 11, 2013. This program highlights the partnership between the GPH and
the MILF pursuant to the spirit of the FAB signed last 2012. The Program shall
take the form of quick-gestation, high-impact, social protection-type programs for
beneficiaries identified by the MILF. It focuses on health, education, and
livelihood programs that espouse equality.
The completion of the four annexes to the FAB paves the way for the
signing of the Comprehensive Agreement on the Bangamoro and thereafter, the
enactment of Congress of the Bangsamoro Basic Law
III. WOMEN IN CONFLICT
GENDER-BASED VIOLENCE ON CONFLICT AFFECTED AREAS
The Philippines has experienced decades of armed conflict involving a
number of different movements with distinct grievances and aspirations
including self-determination struggles (notably Cordillera and Moro Muslim
movements), a communist/leftist insurgency and, in the 1980s, a rebellion by a
segment of the national military.36
The most recent encounter between the government and a lawless group
was on 08 September 2013, when around 400 MNLF forces attacked communities
in Zamboanga City, more than a hundred people died, scores wounded, and
dozens taken hostage. The Misuari-led group declared independence and faulted
the government for not including the MNLF in the Framework Agreement on the
Bangsamoro (FAB) signed by the GPH and MILF in October 2012.
The GPH Panel recorded several violent attacks perpetrated by
Bangsamoro Islamic Freedom Fighters (BIFF) and Abu Sayyaf in the provinces of
Maguindanao, North Cotabato and Basilan. The violence committed against
civilians showed a total disregard to human life and a deliberate attempt to impede
peaceful resolution to the armed conflict in Mindanao, albeit unsuccessful.
The study entitled Gender and Conflict in Mindanao conducted by the
Asia Foundation described the effects of conflict to women, which is summarized
as follows:
1. Gender and Mobility: For women, mobility is often
increased, leading to enhanced opportunities for leadership,
formal employment, and decision-making, but also greatly
36
Miriam Coronel Ferrer, The Philippine National Unification Commission: National Consultation and the
Six Paths to Peace, p.87
16
17
in 2009, high infant mortality rate of 5.5 per 1,000 live births, low participation
rate of 59.72 percent and cohort survival rates of only 36.55 percent.
The major issue of women in this area is displacement during conflict. The
conflicts have hampered the delivery of basic services. The womens physical,
mental and emotional well-being are greatly affected.
TAWI-TAWI
Tawi-tawi is composed of 307 islands and islets, 88 of which are
characterized by extensive reefs. The total land area is 114.9 square kilometers
with terrain ranging from level to steep. Based on the 2007 Census of Population,
the province has a population of 450,346 distributed in 10 municipalities.
The province of Tawi-Tawi is a relatively peaceful area. It has reported
though, a different from of violence against women, in the form of trafficking. As
of 2012, the provincial data on deportees indicate that women (3,000)
outnumbered men (2,000). This means that more women are leaving the homes
for job opportunities elsewhere and their poverty situation make them more
vulnerable to illegal recruiters promising for jobs. The prevalence of trafficking is
due to the fact that the province is a gateway to neighboring Asian countries. Its
proximity makes it a strategic point for unscrupulous elements to take advantage
of unsuspecting and poor women.
LANAO DEL SUR
Based on the 2010 NSCB population projection, Lanao del Sur has a total
population of 900,700, 50.68 percent of which, or 456,500, are female. In 2006,
the province has a poverty incidence of 52.53%, which ranked no. 3 in the
ARMM and ranked no. 6 in the entire country. This is an indication that majority
of the constituents of the province are living below the poverty line particularly in
rural areas.
According to the study conducted by the provincial government, women in
Lanao del Sur face great danger in cases of rido or clan wars. Women end up
being hostages. Further, women account for most the internally displaced persons
(IDPs) in the province and they suffer the most due to lack of food aid, food
blockades, insensitive or inadequate service delivery, diseases, lack of potable
water and medical relief. The province has likewise identified a gender disparity
in terms of access to income, employment, and capital and high-value technology.
MAGUINDANAO
According to National Statistics, the magnitude of poor population in
2009 is 437,790, which is a slight decrease of 21,554 from the 2006 result. From
2003 to 2009, Maguindanao has been included in the top 10 of the poorest
provinces in the country.
In 2008, about 49,098 families and 235,815 persons were displaced due to
rido affecting 18 municipalities and 196 barangays. Since 2000, Maguindanawons
have experienced cycles of displacements.
Like Sulu, another form of violence experienced by the women of
Maguinadano is trafficking. Based on DSWD-Maguindanao report, 27 cases of
18
Chinkin and Charlesworth, Building Women into Peace, Third World Quaterly, Vol. 27, No.5, p.952
(2006)
19
38
Maria Villellas, The Role of Women in Peacebuilding: Proposals for the Implementation of 1325
Resolution, p5, 2010
39
United States Institute of Peace, available at www.usip.org/gender_peacebuilding/about_UNSCR_1325
40
41
20
44
Margallo, Addressing Gender in Conflict and Post Conflict Situation in the Philippines, p2-3, 2005
45
46
Id at p24
21
47
22
Increased
public
awareness,
particularly women in conflict-affected
areas, on UNSCRs 1325 and 1820,
CEDAW, Magna Carta of Women and
other relevant laws on women, peace
and security.
Peace, non-violence and gendersensitivity education mainstreamed in
formal curriculum.
Increased
womens
meaningful
participation
in
peacekeeping,
peacemaking
and
peacebuilding
mechanisms at the national, local and
grassroots levels.
3.
3. Monitoring
Monitoring and
and Evaluation
Evaluation
Sustained
Sustained system
system for
for monitoring
monitoring and
and
assessing
assessing NAP
NAP implementation
implementation and
and
attainment
attainment of
of results.
results.
23
Resolution 2122(2013), Aiming to strengthen women;s role in all stages of conflict prevention, resolution
49
Cabrera-Balleza, M 2011, 'It Is Time to Walk the Talk and Fulfill the Promise of UNSCR 1325', PalestineIsrael Journal Of Politics, Economics & Culture, 17, 3/4, pp. 16-24.
24
Id at 10
See Supra Note 29 at 32
52
Asia Foundation, With Framework Agreement Signed, Women Walk Road to Peace in Southern
Philippines, October 31 2012
53
Maryann Cusimano Love, 'Left Out', America, p. 9 (2010)
25
Sayyaf Group. The author stressed: This culture of impunity invites more
violence against women and girls. Several U.N. Security Council
resolutions were supposed to change this, but too little
implementation has been done.
The Civil Society Monitoring Report echoed this sentiment and
emphasized that the implementation is slow and that there is a lack of a unified
monitoring mechanism that could document successful programs and measure
their impact.54
UNSCR 1325 is not an end, but the beginning of the processes that will
gradually help reduce the gap in inequalities. 55 Below is a discussion of the
experiences of the provinces and how they attend to the needs of the women who
are affected by conflict. The discussion is categorized per province to show the
commitments of each in addressing problems faced by the women in their
communities. These commitments were documented by OPAPP during one of
their meetings.
BASILAN
The Province of Basilan has committed the establishment of the Basilan
Women and Peace Center. The Center will focus on the training women in various
livelihood opportunities, trauma recovery and conduct of functional literacy
classes.
For 2013, the province will pilot one (1) barangay per municipality in the
province. The GAD focal point system will identify the target priority barangays.
SULU
The province of Sulu has identified four major projects to address
womens needs in their area:
1.
Operationalization of the Womens Center
In a press release from OPAPP, Sulu Provincial Women and
Childrens Center as a special guest of honor in a ceremony led by Sulu
Governor Abdusakur Tan, Jolo Mayor Hussein Amin, and Sulu Provincial
Womens Council (SPWC) chairperson Nurunisah Tan. The construction
of the Center is in line with the governments program on Localizing the
National Action Plan (LNAP) on Women, Peace and Security in the
Autonomous Region in Muslim Mindanao (ARMM). The center will serve
as a one-stop shop providing services and programs for women such as
livelihood, skills training, and health services, critical incidence stress debriefing and other related services
2. Livelihood Program for Women
The skills training will focus on Pis Syabit Weaving and Mat
Weaving. These are home-based industries so that women will not have to
leave their children to earn a living.
54
We Count, Security Council Resolution 1325: Civil Society Monitoring Report, 2011
55
www.nato.int/docu/review/2010/Women-Security/Women-resolution-1325/EN/index.htm
26
27
28
29
Implementin
g Office
Expected Output
Amount
Needed/Budget
Allocation
and P1,800,000.00
a)Institutional
development
-Creation of GAD
Focal Point System
Developed
implemented
GAD focal point
system established
-Strengthening
LCAT
of
functional LCAT at
all levels
-Development
Comprehensive
Database system
of
comprehensive
database
31
b)Prevention and
advocacy
-Conduct of capacity
building for frontline
workers
-Intensified IEC
c)Prosecution and
enforcement
-Adoption of local
ordinances
for
mandatory
registration of birth,
marriages and death
-local
passed
ordinances
-perpetrators
convicted
are
-Strengthen
prosecution
and
enforcement agencies
d)Reintegration,
recovery
and
protection
-Establishment
of
womens center
P17,000,000.00
MARAWI CITY
1. Women as Peacemakers in Conflict Situations
Women are now perceived as active participants in dispute
resolution. They are engaged as mediators and peacemakers to settle
disputes within the communities.
2. Post-Conflict Rehabilitation
The local government shall ensure better livelihood for women
affected after the war and family feud to alleviate poverty. Women will be
provided training on malong weaving, dressmaking, baking and cooking.
3. Creation of Gender and Development Council
The Gender and Development Council shall be organized and
institutionalized as an advisory council to the LCE. The said Council shall
be responsible for the organization of different Committees attending to
the needs of the IDPs. Capability Building for the GAD Council and its
Sub-Committees will also be undertaken.
Challenges to the implementation of the NAP: The Philippine Context
It was through the efforts of OPAPP, that ARMM provinces were
convened middle of 2012, for a workshop to educate representatives and leaders
from the provincial governments as to the implementation of UNSCR 1325
32
through the National Action Plan (NAP). This effort is aimed at localizing
Localized National Action Plan (LNAP).
OPAPP, in carrying out its mandate to implement the National Action
Plan, organized a workshop designed to train and familiarize the provincial
governments of their roles to ensure the protection of the rights of women. Last
26-27 November 2013, the representatives from the ARMM provinces were
convened and participated in the workshop.
Moreover, the governments socio-economic program for combatants and
communities deliberately targets the inclusion of women and girls such that
under its education component, college scholarships were awarded mostly to
female high school graduates.
The action points of the NAP is summarized as follows:
1. Develop, enact and implement policies to ensure protection and
security;
2. Support programs and capability of Local Government Units
(LGUs), other agencies and CSOs in providing legal, economic,
educational, psychosocial support and spiritual services for women
and girl survivors of armed conflict;
3. Strengthen the criminal justice system in accordance with HR and
IHL and enabling laws to address violence against women especially
in the context of armed conflict
4. Promotion of UNSCRs 1325 and 1829, gender sensitivity,
CEDAW and national laws and policies related to women, peace and
security among state and non-state actors, especially, but not limited
to: a) parties or frontline agencies involved in armed conflict; b)
actors in peace-building, conflict resolution and post conflict
reconstruction; c) government agencies involved in the protection
and fulfillment of womens human rights; and d) civil society groups
particularly those engaged in the promotion of womens rights, peace
and international humanitarian law
5. Sustain the peace negotiations, work towards more gender
responsive peace agreements and strengthen the implementation of
mechanisms of peace agreements especially ceasefires and those
relating to the protection of HR and IHL of women
6. Develop non-discriminatory policies that address the situation of
women in the security sector.
7. Involve the women community members as stakeholders in
programs that address the impact of armed conflict, ensuring the
participation, influence and benefits of community women and
especially IP and Moro women
8. Increase the number of women peace and womens rights
advocates in peace panels and other peace mechanisms at local and
national levels.
In the context of the Mindanao peace process, the implementation of
UNSCR 1325 is not confined to the deliverables and timelines stated in the NAP.
Instead of aiming to accomplish the deliverables as stated in the NAP, OPAPP has
33
devised a scheme that would provide optimum results. The concept is to focus on
the key issues confronted by the provinces. According to OPAPP Undersecretary
Gettie Sandoval, this strategy aims to be responsive to the verifiable needs of the
affected women. The approach does away with providing pre-identified solutions
to address pre-identified needs. OPAPP recognizes the magnitude of the
deliverables enunciated in UNSCR 1325 and NAP.
The approach looks at localizing the deliverables of the NAP. The said
approach allows the provinces concerned to identify the key issues confronted by
the women in the communities. In identifying the needs, a needs assessment study
is launched. Once issues are identified, the concerned provincial agency will come
up with a program/activity to address the same. This cycle started 2012, and no
assessment has been made until 2013, the assessment for the year was supposed
to take place this December 2013. However due to some constraints, the
assessment was moved to January of 2014.
The strength in localizing the NAP lies in the principle of empowering the
women and the institutions that will truly make a difference. However, as in every
process, the implementers face particular challenges. The conclusions in the next
chapter goes beyond NAP by exploring the potential role of women in the new
Bangsamoro.
V. CONLUSION
WOMENS ROLE IN THE PEACE PROCESS
Women are rarely part of formal decision-making in a peace process.56
This is why the appointment of Professor Miriam Coronel Ferrer as chair of the
government panel is a breakthrough in itself. Since negotiations began in the
Philippines in January 1997, Professor Ferrer is the first woman chair of the
negotiating panel for the government. She is joined by Undersecretary Yasmin
Busran Lao from Lanao del Sur, as part of the Panel. The Government secretariat,
legal team, and technical working groups on the Annexes are headed by and
composed mostly of women. Three out of seven members designated by the
government in the Bangsamoro Transition Commission (BTC) are women. The
MILF likewise recognizes the need to engage women in the discussion that they
brought in Atty Raissa Jajurie from Sulu .
Further, womens role in the grassroots level now has been eminent as
documented by Christian Herbolzheimer in his paper on Muslim women in peace
processes:
Mediation. Numerous women play leading roles in settling family and
clan feuds and in preventing new episodes of violence (Magungaya
Center, Midsayap).
Study groups on Islam to seek strength and guidance in the Holy Book
(Nisa Ul Haq).
Supporting victims of violence (Ittihadun Nisa Foundation,INFo)
Livelihood projects (Federation of Muslim Womens Cooperatives).
Enrolling youth (UNYPAD, Young Moro Professional Network,
56
Bell, Christine and Catherine ORourke. Peace Agreements or Pieces of Paper? The Impact of UNSC
Resolution 1325 on peace processes and their agreements. International and Comparative Law Quarterly
(2010), 59: 941-980. as cited in
34
Bangsamoro Youth).
Raising [international] awareness (Saligan).
Peacekeeping (MPCs all-women contingent of the International
Monitoring Team).
Documenting human rights abuses (MinHRAC, Saligan).
Participating in peace talks (in GPH, MILF and MNLF peace panels and
support structures).
Training and capacity-building (Moro Women Development and Cultural
Center)
Protection against violence (Unyphil-Women; Lupah Sug Bangsamoro
Women)
Preventing discrimination (Bangsamoro Women Solidarity Forum).
Engagement with religious leaders (Philippine Council for Islam and
Democracy; Al Mujadillah Development Foundation).
Research. For example: Rufa Guiam (Research and Development
Center, Mindanao State University-General Santos); Ayesah Abubakar
(Research and Education for Peace, University of Sains Malaysia);
Carmen Abubakar (Institute of Islamic Studies, UP), amongst others.57
During the consultations in the provinces, the women in the communities
identified their concerns and needs. What is more notable is that they formulated
solutions
RECOMMENDATIONS
With regard the implementation of NAP, the following recommendations
are proposed:
1. The establishment of a monitoring mechanism to ensure that the current
programs proposed and implemented in the Bangsamoro are
effective and
responsive to the needs of women. This entails assessment of the programs by the
women affected and a formal reporting of the
agencies involved in the
implementation.
An effective monitoring should include determinable and quantifiable
targets. As of the moment, there is no existing monitoring mechanism
that can gauge the success of any of the projects implemented.
2. Extend the implementation of NAP to include long term goals for the
women in the communities. Although the current programs are
commendable, the livelihood projects and womens center must have
___ to be sustainable.
3. Strengthen the link between the National agencies and the
grassroots. The approach of the NAP is to localize implementation.
Although this method puts a context to the requirements of the women
in the community, there is a gap in the
Beyond the implementation of NAP, women in the Bangsamoro can now
realize greater participation in decision making. Now that the Bangsamoro Basic
57
Helbolzheimer, Kristian Muslim women in peace processes Reflections for dialogue in Mindanao, July
2011
35
Law is about to enacted by Congress, one key issue affecting the representation of
women may be addressed. The basic law will provide for a ministerial form of
government with at least fifty (50) legislative, sectoral and party list
representatives. The annex on power sharing also provides that there will be
reserved seats. It is proposed that a reserved seat should be allotted to women
representatives.
In this emerging structure, womens organizations can establish strong
alliances to ensure that they can either win a seat in the Bangsamoro government.
In preparation, organizations may organize trainings and capacity-building
36