Consequences of Excluding Armed Groups from Peace Negotiations: Chad and the Philippines

2019 ◽  
Vol 24 (1) ◽  
pp. 61-90 ◽  
Author(s):  
Suzanne Ghais

Abstract This article examines the relationship between inclusion/exclusion of armed groups and the achievement of durable peace, using process tracing in two case studies: the peace process between the government of Chad and the rebel group Movement for Democracy and Justice in Chad, and the one between the government of the Philippines and the Moro National Liberation Front. The cases support theoretical arguments that excluded armed actors are more likely to renew armed confrontation after the peace accord. The study further elaborates the causal link: included armed rebels tend to negotiate for private benefits such as government posts and amnesty but also moderate their stances and emerge committed to the agreement; excluded armed actors lack any such commitment and still have unresolved grievances. They are thus more likely to renew armed action against the government.

Author(s):  
Shamsuddin Taya ◽  
Rusdi Omar ◽  
Che Mohd Aziz Yaacob ◽  
Abdul Lantong

Many nation-states have increasingly found themselves in a situation where they are unable to sort out their domestic conflicts without third party mediation. This is particularly true for a country like the Government of the Philippines (GPH) who has been fighting violent protracted internal conflicts for many decades against Bangsamoro revolutionary groups. Therefore, with respect to the above, the purpose of this article is to compare peacebuilding models of third party mediation to the Bangsamoro conflicts with particular focus between Malaysia and the Organization of Islamic Conference, presently Cooperation (OIC). Its approach is primarily an eclectic, by concentrating on the strengths and weaknesses of the peacebuilding models of the third party mediation as employed by both Malaysia and OIC. The article is divided into two major parts. The first part discussed both Malaysia and OIC’s diplomatic approaches in dealing with the Bangsamoro conflict, while the second part explained inclusivity versus exclusivity of both Malaysia and the OIC respectively. The study found that Malaysia’s model is more durable and successful when compared to OIC’s. In fact, Malaysia’s quiet diplomacy and less confrontational approach with greater inclusivity were more effective compared to elitist and confrontational approach of the OIC’s mediation to the Bangsamoro conflicts. Indeed, the Government of the Philippines and Moro Islamic Liberation Front (GPH-MILF) peace process is one of the most inclusive peace processes in the world. It may have some who were left out in the peace process, but they were all consulted by both Manila and the Moro Islamic Liberation Front (MILF) as opposed to OIC mediated Government of the Republic of the Philippines and the Moro National Liberation Front (GRP-MNLF) peace negotiations. Therefore, it is pertinent to conclude that there is nothing that resembles the inclusivity of the GPH-MILF peace process that characterized the exclusivity of the GRP-MNLF peace process.


2020 ◽  
Vol 2 (1) ◽  
pp. 121-141
Author(s):  
Osama Sami AL-Nsour

The concept of citizenship is one of the pillars upon which the modern civil state was built. The concept of citizenship can be considered as the basic guarantee for both the government and individuals to clarify the relationship between them, since under this right individuals can acquire and apply their rights freely and also based on this right the state can regulate how society members perform the duties imposed on them, which will contributes to the development of the state and society .The term citizenship has been used in a wider perspective, itimplies the nationality of the State where the citizen obtains his civil, political, economic, social, cultural and religious rights and is free to exercise these rights in accordance with the Constitution of the State and the laws governing thereof and without prejudice to the interest. In return, he has an obligation to perform duties vis-à-vis the state so that the state can give him his rights that have been agreed and contracted.This paper seeks to explore firstly, the modern connotation of citizenship where it is based on the idea of rights and duties. Thus the modern ideal of citizenship is based on the relationship between the individual and the state. The Islamic civilization was spanned over fourteen centuries and there were certain laws and regulations governing the relationship between the citizens and the state, this research will try to discover the main differences between the classical concept of citizenship and the modern one, also this research will show us the results of this change in this concept . The research concludes that the new concept of citizenship is correct one and the one that can fit to our contemporary life and the past concept was appropriate for their time but the changes in the world force us to apply and to rethink again about this concept.


2019 ◽  
Vol 9 (3) ◽  
pp. 300-334
Author(s):  
Simone Lonati

Addressing the need to avoid punishing long past events that have fallen into oblivion, only to then come into play when the government, by means of proceedings, stages a re-enactment and thus a reminiscence of those events: statutes of limitations in criminal law are marked by an axiological ambiguity. The debate on their quomodo becomes particularly heated when the focus turns to the possible interferences between limitation periods and criminal proceedings. The discussion stems from the difficult attempt to balance primary and essentially heterogeneous interests: on the one hand, protecting the accused from the “punishment of trial” and, on the other, providing the criminal justice system with adequate time for prosecuting and adjudicating criminal offences as a way to effectively protect the interests harmed by the commission of certain crimes. Furthermore, there is a widespread concern to avoid instrumental conducts by the parties solely aimed at running out the clock. The matter is undoubtedly complex, as the issues and implications it gives rise to are multiple and varied. In an attempt to outline a possible statutory framework that may govern the relationship between the passage of time after the commission of an offence and the time needed for its adjudication, it may be useful to expand the knowledge base from which to draw upon in order to identify appropriate solutions: to look beyond domestic boundaries is, after all, good practice when faced with an impasse. This analysis aims to closely examine the choices made in two legal systems-Germany and Spain-whose legal traditions are the closest to Italy. Firstly, the study will describe the key features characterizing, in general, limitation periods for criminal offences. Subsequently, special attention will be paid to the rules governing the impact that the launch and dynamics of criminal proceedings have on the running of limitation periods. Based on the differences and especially the similarities between the respective rules in force in the two countries, it will be possible to formulate a number of observations regarding the provisions implemented by the Italian legislator. Lastly, comparing and contrasting the German and Spanish legal experiences will allow a closer look at the more recent reforms of statutes of limitations in Italy, to the extent that the latter appear roughly inspired by the principles applied in the aforementioned systems.


1976 ◽  
Vol 8 (1) ◽  
pp. 53-71 ◽  
Author(s):  
E. V. K. Fitzgerald

Any attempt to define the changes in the Peruvian political economy that have taken place since 1968 1 must be made in terms of the relationship between the state and domestic capital on the one hand and foreign capital on the other, and must offer an explanation of the way in which this military- controlled state has tended to replace the former and establish a new relationship with the latter. In particular, the confrontation between the government and foreign capital, and the significance of internal ownership reforms cannot be understood without reference to the development of Peruvian capitalism before 1968.


Dialog ◽  
2017 ◽  
Vol 34 (1) ◽  
pp. 92-118
Author(s):  
AHMAD SUAEDY

This article describes the relationship between political entities of the Bangsamoro or Muslims in Mindanao and of the Philippine government which may be said in a nadir since the cancellation of the MoA-AD (Memorandum of Agreement on Ancestral Domain) signing plans between MILF (Mindanao Islamic Liberation Front) and the GRP (Government of the Republic of the Philippines) by the Supreme Court of the country in October 2008. Now their relationship is only bound by the temporary cease-fire. While the actual MILF is the only one course of representation of Muslims in Mindanao in addition to the MNLF (Mindanao National Liberation Front) and Kelompok Datu or traditional leaders. This research deduces that the plurality in the Bangsamoro itself becomes an obstacle in the peace talk process as the absence of a common platform among them. While GRP tends to speak with the faction of it separately, so it was impressed monolithic, there should be efforts to build a joint platform among different groups within the Bangsamoro. Furthermore, the GRP should facilitate the communication and the dialogue among factions within Bangsamoro. Besides, the GRP should convince people in Philippines of how important the peace with Bangsamoro is on behalf of a national interest in a whole. 


In India the Foreign direct investment (FDI) has received a staged improvement from instigate of the Make in India scheme, according to recent survey. There was a incredible increase in FDI inflows (40%) particularly in manufacturing sector from October, 2014 to June, 2019 . The industrial sector is considered to be the one of the dominant sectors that contribute the major Indian GDP. India has been ranked fourteenth in the factory output in the world. This was because of the launch of initiative, which sought for promoting manufacturing segments and be a magnet for foreign investments. More than 56 manufacturing units are benefitted in the entire globe. In the recent times during the year 2014 to 2019 the Industrial production inclined to 3.1 per cent, mainly on account of improvement and to encourage talent augmentation towards the various sectors of the economy. This article brings out the recent efforts taken by the government for encouraging the FDI into various sectors and how it has made a pathway. In the last ten years India has shown a tremendous increase in Foreign Direct Investment into the various sectors in economy. Even though Government of India has make a pathway for attracting FDI on various sectors, this papers focuses on explaining the impact of make in India scheme on FDI. In this paper period of five years has been considered for the analysis. The Statistical Tools like Karl Pearson's Coefficient Correlation and One - Way ANOVA has been used for the analysis of data. To study the relationship between the FDI and IIP correlation is used for the analysis of data


2019 ◽  
Vol 4 (2) ◽  
pp. 191-207
Author(s):  
M. Adnan Madjid ◽  
Widodo Widodo ◽  
Eko G. Samudro

This study discusses the policy implementation by Indonesia regarding the sinking of illegal fishing vessels towards Indonesia's bilateral relations with Malaysia, especially those that occurred in Tarakan and Nunukan. Many losses from illegal fishing by neighboring countries made the President of Indonesia, through the Ministry of Maritime Affairs and Fisheries, took a firm stance regarding the rules of ship sinking to the accused ships that have been proven doing illegal fishing in the Indonesian sea. The Ministry of Maritime Affairs and Fisheries together with relevant agencies helped implement the policy which had an impact on the relationship between Indonesia and Malaysia. In this case, Malaysia is still in third place after Vietnam and the Philippines in the data on the number of vessels destroyed by the Indonesia. Malaysia is also the country with the fifth largest fish commodity production in Southeast Asia whereas fish consumption in Malaysia is ranked first in the region. Thus, the country faces obstacles in fulfilling the need for fish faced with Indonesian policies in addressing illegal fishing arrests by foreign countries. By qualitative methods, this research reveals the background of the existence and implementation of policies for the sinking of illegal fishing vessels and the impact of these policies on the Malaysian state. International system pressure, state power and other theories were used to help carry out this research. As a result, this study provides an overview of the relationship between Indonesia and Malaysia after the enactment of the policy. First, the Malaysian increase their fish trade and sea safeguard with Indonesia, both in the designated sea area and the gray area. Second, the government of Malaysia adopted the sinking ships method due to its mechanism that is considered effective and efficient in creating detterence effect. Third, both countries agreed to release poor or small fishermen who carry out IUU Fishing made between the President of Indonesia and the Prime Minister of Malaysia.


ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 145-155
Author(s):  
Datu Michael O. Mastura

This article adopts the general theme of governance to provide an institutional framework for law reform and constitutional regime. To look into the political culture and religion of Filipinos is to ask why there is much reliance on law with an internal dynamics of hostility to all things religious in public life. The author employs the democracy argument to raise asymmetrical issues in a constitutional regime within the context of ‘the national state’ rather than problematise it as a majority versus minority relation. This makes it possible, for instance, to consider the Bangsamoro in the Philippines as a ‘people’ in legal terms and in reference to ‘state-nations’ instead of ‘nation-states’. The author also treats the dimension of international law regarding the right to self-determination with respect to the current peace negotiations between the government of the Philippines and armed non-state actors (MILF and MNLF). One might not necessarily agree with all that is stated in this contribution, which is intended to be an essay rather than a scholarly paper, but, nevertheless, it grants some insights into the mindset of contemporary Muslims in the Philippines.


Author(s):  
Bryony Lau

This chapter examines how political interests in Mindanao and in Manila have made it difficult to resolve the territorial cleavage in southern Philippines, even though the 1987 Constitution envisioned Muslim autonomy within the unitary republic. It first provides a historical background on the Muslim insurgency in Mindanao, led by the Moro National Liberation Front (MNLF) and later, the Moro Islamic Liberation Front (MILF). It also considers the 1976 Tripoli agreement signed under martial law, the drafting of the 1987 Constitution, and the creation of the Autonomous Region of Muslim Mindanao in 1989. It goes on to describe the period of constitutional engagement and more specifically, the “constitutional moment” for resolving the Mindanao question that began in mid-2010. Finally, it analyzes the outcome of the peace talks between the government and the Moro insurgents, along with some of significant the lessons that can be drawn from the experience.


2010 ◽  
Vol 52 (3) ◽  
pp. 553-580 ◽  
Author(s):  
James McDougall

In an article published posthumously, in theRevue de la Méditerranéein 1951, Augustin Berque, the intellectually accomplished but professionally somewhat unrecognized former Director of Native Affairs at the Government-General of Algeria, examined difficulties in the public management of religious affairs, and the failures of policy toward successive, competing spokesmen for Islam in France's colonial possessions. In concluding his assessment of this thorny question, Berque addressed his reader as in an imaginary dialogue: “And so? Oh, I quite agree with you! The one great remedy is ourlaïcité, which would leave to the Faith its secret oratory, intimate and inviolable. But [what are we to do] in the meantime?” There remained at the time a tenacious assumption that the empire, at least in Africa, might still endure into the unforeseeable future and that institution of a rational, public secularism as a lasting benefit of France'srayonnement civilisationnelcould still be anticipated as an ultimate goal. But, of course, “the meantime” was in fact all the time that Berque and his colleagues had, and it was running out much faster than they imagined. That as late as 1951 the well-informed, scholarly, and policymaking readers of theRevuecould still be expected to imagine the relationship between imperial and Islamic authority in these terms suggests an extraordinary capacity for self-delusion, or a remarkable intractability in the terms of a debate that had been near the top of the colonial policy agenda for almost half a century.


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