scholarly journals Peacebuilding Model of Third-Party Mediation in the Philippines: Comparing Malaysia and the OIC

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.

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.


2021 ◽  
pp. 001083672110471
Author(s):  
Emma Elfversson ◽  
Desirée Nilsson

Why are some peace processes in communal conflicts more inclusive of civil society actors than others? Inclusion of civil society actors, such as churches and religious leaders, women’s organizations, or youth groups, is seen as important for normative reasons, and studies also suggest that civil society inclusion can improve the prospects for durable peace. Yet, we have a very limited understanding of why we observe inclusion in some communal conflicts but not others. We address this gap by theorizing about various forms of civil society inclusion in local peace processes, and examining to what extent involvement by different types of third-party actors—governments, inter-governmental organizations (IGOs), and non-governmental organizations (NGOs)—may contribute to inclusion. Empirically, we draw on a combination of cross-case and in-depth data covering peace negotiations in communal conflicts in Kenya. The findings show that civil society was less frequently included as facilitators when the government was involved as a third party, while inclusion in the form of direct participation of civil society in negotiations, or via involvement in the implementation phase, was equally common across different types of third-party actors. Our study thus provides important new insights regarding how inclusion plays out in communal conflicts.


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):  
Daria Panarina ◽  
Kirill Petrov

Since XV-th century, when first Muslim state has been formed at Mindanao island in the south of the Philippines, practically two very different societies had to co-exist on the territory of the country: Muslims and Filipinos. It created a problem ad numerous conflicts which have not been solved so far. The aggravation between the Filipinos and the inhabitants of the southern island of Mindanao, which occurred in the XX-th century, led to a series of peace negotiations and attempts to reach political consensus. The idea of creating an autonomous territory in Mindanao within the framework of the Republic of the Philippines was framed in the form of a law, repeatedly elaborated, implemented, but without much success. Over the past 22 years, disagreements and a threat to the security of the region preserved, and strong tensions remained between the government of the Philippines and the Islamic leaders of Mindanao. When President Duterte came to power, another attempt was made to resolve this conflict, and for the first time in many years, a law was ratified based on the results of the plebiscite. This law can become the basis for the successful implementation of the idea of autonomy of Mindanao. However, it should be noted that in the near future the likelihood of armed clashes, provocations and serious terrorist acts by the forces of extremist groups in Mindanao is quite high.


ICR Journal ◽  
2014 ◽  
Vol 5 (2) ◽  
pp. 225-238
Author(s):  
Marjanie Salic Macasalong

The conflict in the southern Philippines is regarded by many as one of the longest internal conflicts in the world. Beginning from the 16th century when Spanish colonial domination commenced, the conflict had persisted for five centuries. Recently, however, there are positive signs that this conflict will come to an end. On October 15, 2012, the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) signed the historic Framework Agreement on the Bangsamoro (FAB) in order to finally put an end to the decades-long conflict. Under the FAB, the Bangsamoro people will have a new political autonomy that will be called “Bangsamoro Government.” This will replace the existing autonomy in Mindanao, the Autonomous Region in Muslim Mindanao (ARMM). Malaysia, the third-party facilitator for more than a decade, played a significant role in the making of this landmark agreement. The research presented here has been undertaken with the objective of exploring various approaches in search for a lasting peace in Mindanao. It examines the impact of militancy in the quest for peace, starting from the Spanish era until the current administration. This research revisits how the Moros resisted the Spaniards and Americans during the colonial era, and the Philippine forces after independence. Although there were efforts by previous administrations to solve the conflict, they did not achieve lasting peace because the root causes of the conflict were not properly addressed. The researcher employed a document-based study and a historical-analytical method because the conflict is very much anchored in its history. Without this, readers could not understand the root causes of the problem and the historical development of the inclusion of Mindanao into the Philippines. The data for this study are collected from both primary and secondary sources such as books, articles, journals, newspapers, government reports, non-governmental organisations’ reports, policy statements, press releases, and signed-agreements.  


Resolution of the so-called “Bangsamoro Question” rests at the heart of the peace process between the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) in the Southern Philippines, also known as the Bangsamoro homeland. Inspired by Allison and Zelikow’s conceptualization of Rational Actor Model (RAM), this paper analyzed how rational factor contributed to the conclusion of the Comprehensive Agreement on Bangsamoro (CAB) in 2014 and eventually enshrined into the Philippine Constitution through the approval of the Bangsamoro Organic Law (BOL) on July 27, 2018. This paper argued that the success of the GPH-MILF peace process does not only depend on the sincerity of the administrations of both then President Aquino III and current President Duterte, international support or commitment, pressure from civil societies and community involvement as what many commentators provided. As shown in this paper, the rational factor and its dimension significantly affected actors’ strategic interactions and the GPH-MILF peace process per se. The findings offered a new perspective for conflict-resolution and shed light on how rational dimension impacted both actors’ strategic interactions, which led to the conclusion of the GPH-MILF peace agreement. This clearly indicated that rational dimension greatly influenced GPH and MILF’s strategic interactions and thereby took flexible attitudes to resolve outstanding issues between them which consequently led to the signing of the CAB and ultimately the ratification of the BOL in 2018.


1970 ◽  
pp. 6-7
Author(s):  
Rose Ghurayyib

Within the period which followed the proclamation of the Philippines' independence, 1946, the country became one of the few states where a woman occupied the highest position in the Government. Corazon Aquino was elected president of the republic in 1984. If we also mention that the Philippine women include hundreds of physicians, business managers, university professors, and that they form two thirds of the law students in the country, we might conclude, from the above facts, that the Philippine woman has' achieved a high degree of freedom and modernism.


2021 ◽  
Author(s):  
◽  
Dylan Page

<p>The potential role of women in conflict and post-conflict environments has been the subject of much debate in the field of peace and conflict studies. In 2000 the United Nations Security Council passed Resolution 1325, which called for a greater involvement of women and acknowledgement of gender issues in conflict and post-conflict environments, and this has led to further discussion about what this might mean and how it might be implemented. Despite this women are continually under-represented in nearly all peace processes and there is no universally agreed upon way to ensure this situation does not come about. The barriers women face range from cultural to logistical and economic, and surmounting them can be hard to achieve.  One case where women have been involved at all levels in the peace process with substantial success is the Pacific island of Bougainville, where a conflict over mining issues and secession from Papua New Guinea was waged from 1988-1997. Women were active in attempts to bring all parties to negotiations during the conflict and have also been heavily involved in the continuing reconciliation and healing processes. For cultural reasons Bougainvillean women were well placed to perform the role of peace-builders but that is not to say that they did not face challenges and barriers to their involvement. This thesis examines the involvement of women in both the immediate peace negotiations and the longer-term aspects of the peace process in Bougainville in order explain how and why they enjoyed these successes and what lessons can be learnt from this case in regards to the potential roles of women in other post-conflict environments. Four factors will be identified as key to women's involvement in the peace process: the history of Bougainville up to and including the conflict; the grassroots mobilisation and organisation of women; the traditional cultural roles of women in Bougainville; and the identification of women with motherhood and its associated traits.  These factors indicate that the involvement of women in peace processes is highly context-specific and although there are policies which can be pursued to encourage their participation the potential barriers to this are imposing.</p>


Author(s):  
Ratna Biraeng Kumalasari

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.


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