bangsamoro right to secession

Bangsamoro Right to Secession

Abhoud Syed M. LinggaExecutive Director

Institute of Bangsamoro Studies

October 29, 2005

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Secession theories

Consensual secession

Unilateral secession

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Consensual secession

Result of either negotiated agreement between the state and the secessionist movement or through constitutional processes.

Constitutionally sanctioned secession is achieved either by exercise of an explicit constitutional right to secede or by constitutional amendments.

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Primary Right Theories

– Ascriptivist theories – groups possessing ascriptive characteristics have unilateral right to secede.

– Plebiscitary theories – majority residing in a portion of a state have the right to choose to have their own state.

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Remedial Right Theories– Right to reclaim territory over which a group were

sovereign but which was unjustly taken from them

– A group has the right to claim sovereignty over a territory as a result of availing themselves of a last resort remedy against serious and persistent violations of human rights.

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Who are the Bangsamoro

The Muslims who traditionally inhabited Mindanao, the islands of Basilan and Palawan, and Sulu archipelago call themselves Bangsamoro. They are the Iranun, Magindanaon, Maranao, Tao-Sug, Sama, Yakan, Jama Mapun, Ka'agan, Kalibugan, Sangil, Molbog, Palawani and Badjao.

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Bangsamoro Homeland (1)

The traditional homeland of the Bangsamoro people were the territories under the jurisdiction of their governments before the emergence of the Philippine Republic. At the height of its power, the Sulu Sultanate exercised sovereignty over the present day provinces of Sulu, Tawi-Tawi, Palawan, Basilan and the Malaysian state of Sabah (North Borneo).

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The territory of the Magindanaw Sultanate included Maguindanao province, the coastal areas of the provinces of Sultan Kudarat, South Cotabato, Sarangani, parts of Lanao provinces, Davao del Sur and Davao Oriental, and the eastern part of Zamboanga del Sur. The Datu Dakula of Sibugay, who ruled the Sibugay autonomous region under the Magindanaw Sultanate, exercised jurisdiction over Zamboanga del Norte, Zamboanga Sibugay, Zamboanga City and the western part of Zamboanga del Sur.

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The Rajah of Buayan ruled North Cotabato, the upper valley of Maguindanao and the interior areas of Sultan Kudarat and South Cotabato and some parts of Bukidnon. The Pat a Pangampong ko Ranao (confederation of the four lake-based emirates) ruled the interior parts of Lanao del Sur, Lanao del Norte, and parts of Bukidnon, Agusan, and eastern and western Misamis provinces. The small sultanate of Kabuntalan separates the domains of Magindanaw and Buayan.

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Today, the Bangsamoro people are confined in the provinces of Tawi-Tawi, Sulu, Basilan, Lanao del Sur and Maguindanao, and some municipalities of Zamboanga del Sur, Zamboanga Sibugay, Zamboanga del Norte, Lanao del Norte, North Cotabato, Sultan Kudarat, South Cotabato, Sarangani, Davao Oriental, Davao del Sur, Davao del Norte, Compostela Valley and Palawan.

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Struggle for Self-determination

The struggle of the Bangsamoro people is a struggle for their right to self-determination.

Self-determination means the right of peoples to determine their political status

The bases of this struggle are their historical right as free and independent nation before the formation of the Philippine state, and their “unpleasant” experiences under the Philippine republic.

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Bases of Bangsamoro Struggle for Self-determination

Their historical right as free and independent nation before the formation of the Philippine state

Their unpleasant experiences under the Philippine republic

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Historical Experience (1)

Before the arrival of the Spanish colonialists the Bangsamoro were already in the process of state formation, while Luzon and the Visayas were still in the barangay stage of political development.

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They had developed well-organized administrative and political systems; and

Organized strong maritime and infantry forces that defended the Bangsamoro territories from Western colonial intrusion, thus preserving the continuity of their independence.

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Resistance continued even during the American occupation. Although the sultanate-sponsored resistance were not as fierce as during the Spanish-Moro wars, but group-organized and individual resistance (prang sabil – martyrdom seeking operations) continued.

These compelled the U.S. to govern the Moro territories separate from the Philippine Islands.

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When the U.S. planned to grant independence to the Philippines, Bangsamoro leaders petitioned the U.S. government that the Bangsamoro territories should not be included in the would-be Philippine Republic.

– June 9, 1921- petition of the people of Sulu – February 1, 1924 - Declaration of Rights and

Purposes (Zamboanga declaration)– March 18, 1935 - Dansalan Declaration

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When their territories were made part of the Philippine Republic in 1946, the Bangsamoro people continue to assert their right to independence

– Amilbangsa Bill (H.B. 5682)– MIM Manifesto– Organization of the MNLF and MILF

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Under the Philippine Republic, which they perceive as successor-in-interest of the colonial powers, there is strong feeling of political and social “uneasiness”. This uncomfortable feeling is reinforced by their “not-so-nice” experiences.

Experiences Under the Philippines

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Under the Philippine Republic (2)

These experiences are:

a. Strong biases and prejudices of the majority against Muslims

A recent study among Muslim and Christian youth in Mindanao shows:

91% of the Christian respondents showed strong biases and prejudices against Muslims than Muslims had for Christians.

90% of Muslim respondents were willing to accept Christians as associates or to work, live together, while 87% of the Christians were not.

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b. They lost their lands

The government failed to protect the interest of the Bangsamoro people over their lands. Worst still, government development programs are among the reasons why they lost their lands to migrants from the north.

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c. They become minority in their own homeland

In 1918, the Muslims were dominant in Mindanao but government settlement and development programs reduced them, together with the IPs, minority in their homeland.

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d. They remain poor

Muslim areas continue to suffer the highest poverty incidence.

Between 1991-1997, there was reduction in poverty incidence in many parts of the country but in predominantly Muslim areas poverty incidence increased.

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e. They feel not secured

Reported massacres of Muslims remain unsolved until now – e.g., massacres in Manili, Tacub, Malisbung, Pata island.

Reported bombings of mosques remain unsolved.

A senior police superintendent was quoted (see Manila Times website, 11/19/03) to have said: “We are at war with Islam, and the Muslims are the aggressors. Nobody wants to recognize that, but that’s what’s happening.”

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Observations

With these experiences, the Bangsamoro people believe that the only solution to their problem is to regain back their freedom and independence.

The problems on poverty, neglect, underdevelopment and other social inequities can be addressed effectively once the Bangsamoro regain their independence.

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CONSTITUTION OF ETHIOPIA Article 39

“Every Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.”

“The right to self-determination, including secession of every Nation, Nationality and People shall come into effect:

When a demand for secession has been approved by a two-thirds majority of the members of the Legislative Council of the Nation, Nationality or People concerned;

When the Federal Government has organized a referendum which must take place within three years from the time it received the concerned council’s decision for secession;

When the demand for secession is supported by majority vote in the referendum;When the Federal Government will have transferred its powers to the council of the Nation,

Nationality or People who has voted to secede; andWhen the division of assets is effected in a manner prescribed by law.A "Nation, Nationality or People" for the purpose of this Constitution, is a group of people who

have or share a large measure of a common culture or similar customs, mutual intelligibility of language, belief in a common or related identities, a common psychological make-up, and who inhabit an identifiable, predominantly contiguous territory.”

bangsamoro right to secession

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