COMPARATIVE ANALYSIS OF BANGSAMORO ORGANIC LAW IN RELATION TO PEACE AND

ORDER INITIATIVES

Term Paper

In Partial Fulfillment of the Requirements

In POS 190-Political Analysis and Research

Submitted by:

Brizuela, Merry Ann

Villanueva, Lianne

Submitted to:

Anderson Villa
Professor

April 2019
 CHAPTER I

Background of the Study

History of armed conflict in Mindanao revolves around the deep-rooted prejudices of

the minority of Muslims in struggling for independence and self-determination against the

Republic of the Philippines. Since then, predominantly Muslim Moros do not associate

themselves as a citizen of the Philippines, thus considering its government as just one of the

foreign colonizers aiming to assimilate Muslim minorities. This leads to series of disputes

between Moro groups and the government of the Philippines for four decades. Furthermore, it

is the hope of the people in Mindanao to achieve peace in the economic, political and social

aspect and to end series of bloodshed. Hence, the Philippine government, in its strong

conviction that Mindanao is part of its sovereign territory, formulated various peace strategies

and negotiations. Some failed and some are still work in progress.

According to Waddington (2012), there is a big difference between hope for peace and

actually creating the reality of peace. She further explicate that the struggle in achieving peace

is a 'work-in-progress' and not a 'done deal' and that everyone should be an active participant

in working to achieve peace in Mindanao. This, accordingly, is the reason why the Final Peace

Agreement in 1996 fails because it became a 'done deal' rather than a 'work-in-progress'.

Consequently, despite many actions taken to eliminate violence, no one can still truly say that

peace already dominates Mindanao. Recently, the Bangsamoro Organic Law was implemented

as part of the 2014 Comprehensive Agreement. This is just another attempt of the government

to bring peace in Mindanao. According to Ariffin (2018), the mandate of BOL would lessen

antagonism of the government and the people, securing the sentiments of the citizens away
from exploitation. He further explicated that if autonomy is practiced well in the region,

extremists group will rather not engage to the national government because their grievances

can be talk about in the local government which has the power to exercise its autonomy.

Finally, this study aims to provide comparative analysis of Bangsamoro Organic Law in relation

with promoting peace and order initiatives in Mindanao. Through the utilization of various

historical facts constituting many attempts for peace in the Bangsamoro, the researchers opt to

compare other strategies implemented by the government to the framework of Bangsamoro

Organic Law if it could finally put an end to the long hoped peace in Mindanao.

Statement of the Problem

This paper sought to answer the following questions:

1.) How effective is the implementation of Bangsamoro Organic Law in Mindanao?

2.) How can Bangsamoro Organic Law promote peace and order in Mindanao?

3.) What effective peace and order measures can the BOL implement in Mindanao?

Significance of the Study

This study is believed to be of great help to the people of Mindanao and especially to

our Moro brothers and sisters that are much tied and loyal to the roots and steadfast process

and growth of their so called “Moro nation” or the Bangsamoro. Through this study it will

awaken their knowledge and interest about the background and purpose why Bangsamoro

Organic Law stands firm to its function and goals.

 Also, this study aims to inculcate to the mind of the people that series of peace process

are done in order to gradually execute small steps towards attaining peace and order to the

land of Mindanao despite its vast and diverse culture. This will serve as a remedy to widen the

scope of what peace and order in Mindanao and its relation to the implementation of the

Bangsamoro Organic Law.

It will also help the students and the researchers to widen their perspective about the

Moro culture and their strong will to establish something not for their selfish acts or gains but

securing what they believe is worthy to be taken care. Also, as students of Mindanao State

University this study can help them embrace the diverse changes currently happening in our

society especially here in Mindanao by carefully studying and analysing factors, context and

happening where Mindanao and its people are involved.

 CHAPTER 2

Review of Related Literature

Bangsamoro Organic Law

Republic Act No. 11054 an act providing the Organic Law for the Autonomous Region in

Muslim Mindanao, repealing for the purpose Republic Act No. 6734, entitled “An act providing

for an Organic Act for an Autonomous Region in Muslim Mindanao” as amended by Republic

Act No. 9054, entitled, “An Act to Strengthen and Expand the Organic in Autonomous Region in

Muslim Mindanao. (Official Gazette. 2018)

Article I gives emphasis that the law that shall be entitled as “Organic Law for the

Bangsamoro Autonomous Region in Muslim Mindanao. The political entity under this Organic

Law shall be known as the Bangsamoro Autonomous Region in Muslim Mindanao, hereinafter

referred to as “Bangsamoro Autonomous Region”. Its purpose is to establish a political entity

and to provide a basic structure of government in recognition of the justness and legitimacy for

all the aspirations of Moro people and even Lumads to highlight the framework self-governance

with respect to the national sovereignty or to the republic.

Based on Article IX, Bangsamoro Organic Law does not detach itself in terms of

promulgating peace and order to the national government. In fact, the public order and safety

is under the National Police wherein they will decentralize their power and effectivity through

creating a Police Regional Office in accordance with Republic Act No. 6975, otherwise known as

“Department of Interior and Local Government Act of 1990,” as amended by Republic Act No.

8551, otherwise known as the “Philippine National Police Reform and Reorganization Act of
1998.” The Police Regional Office in the Bangsamoro Autonomous Region shall under the direct

operation control of the Philippine National Police. This shows that the entire picture of peace

process does not solely lie to the hands and control of the Bangsamoro Autonomous Region but

it shall be also coordinated with the national police force which also means that attaining the

prescribed and ideal reality of peace and order is collaboration between local and national

efforts.

Peace talks and process in Mindanao

According to the International Crisis Group (2012), during 1997 peace talks with 12,000

MILF which are considered as best armed insurgent organization already started but these are

disturbed and temporarily stopped when serious fight happened in year 2002, 2003 and 2008.

During the fight in 2008 the process of reaching the elements of final peace brought a negative

impact to the Bangsamoro people because all stakeholders are all in doubt to the critical

condition of attaining peace through doing the same thing and continuing the same process

which is believed to be of great help to both entities. Which also lead to the eagerness of the

Moro or Bangsamoro people to harness and secure to themselves an acknowledged territory of

Bangsamoro homeland.

During the heated misunderstanding between the considered Imperial people of the

north and Moros, the Memorandum of Agreement on Ancestral Domain or also known as

MOA-AD was presented but it was not recognized by the Supreme Court as constitutional and

later on it was not approved and signed because of reasons that paramount public interest

must be considered and full public disclosure of relevant matters relating to the peace agenda
must not be ignored and violated. Also, with respect to the Local Government Code of 1991

which requires all national offices to conduct consultations before implementing any projects

or programs that will put people, environment or any place into critical condition for the

eviction and disturbance of particular group of people residing in a locality is implemented or

must be taken into consideration. The High Tribunal must first look to the pros and cons before

executing the MOA-AD which might open a grave violation to the constitution because this

program promotes a subtle act or step of dismemberment through expanding the coverage of

Autonomous Region in Muslim Mindanao.

One of the MILF’s major struggle and challenge in domestically promoting peace process

is the ability to represent and also embrace the sentiments of the indigenous people in

Mindanao or the non-Islamic Moro people residing in the said place. The organization tried

their best to also include indigenous that will speak in behalf of its members during political

discussions. Also, one of their problem is that the conceived idea of sharia law will not jive to

non-Muslims which makes the process hard and complicated because the consolidation of

present and future endeavors without aggrandizing the other one or even excluding the other

side with respect to their own culture are also taken into consideration. It can be also inferred

in this kind of situation that some indigenous people fear marginalization in the future

Bangsamoro. This gives emphasis to the realization that the civil society actors should represent

the indigenous people of Mindanao and continue building trust and confidence between ethno-

linguistic and religious communities. (South, 2017 Oxford Research Group)

Bangsamoro Organic Law as remedy to the conflict in Mindanao

It is said that Bangsamoro Organic Law (BBL) is the approach and latest remedy of the

government to gradually heal and address issues and conflict in Mindanao. Vivid acts and ways

are seen during the past administration to slowly recommend and digest peace through various

negotiations but none of these are considered effective except to the introduction of BOL

which gained active and positive response especially from the Moro people of the south. .

(Marcelo, 2019). Conflict and disputes over religion, beliefs, views and territory marked the

identity of Mindanao as a place of war and terrorism which turned is a negative connotation to

the whole island. One of the biggest issues faced by the Moro people is the land grabbing of

their ancestral lands which they believed to be rightfully theirs.

The creation of the Bangsamoro Organic Law (BOL) in pursuit of peace and prosperity in

Mindanao Region and at the same time recognized that "the path to the realization of the BOL

is complex and filled with challenges." "We commend the Bangsamoro Organic Law for

addressing the root sources of social violence in Southern Philippines. Indeed, the meaning of

peace goes deeper than the cessation of militarized encounters. Studies on Mindanao such as

those by Montiel (2012; 2013), Bulatao (1973), and Saber (1969) imply that among Muslims

peace is strongly associated with Muslim culture and land-related debates. With this the BOL

surely forefronts both of these issues." (National Research Council of the Philippines (NRCP)
 The Article 1 of BOL is a comprehensive approach to address common aspirations of the

Bangsamoro Autonomous Region wherein strengthening separate political entity to be fueled

with Bangsamoro context and control of their people, resources and government will become

their common goal during present realization and implementation. While on Article 2 the

territorial jurisdiction is one of their possible drivers towards more control in people and events

in Mindanao which they believed that Moro people are fitting and are the rightful ones to

handle and provide solution in case issues and problems will arise.

Also, in support to the concept of decentralization which the BOL seeks to effectively

manage Mindanao the National Research Council of the Philippines highlights Article 18 of the

law which focuses on the effects of equal distribution and management of power and wealth

exclusively in Mindanao which will open doors for more acts of peace and the enduring or the

longevity of political democracy and economic prosperity. It is also believed that during the

unpredictable transition period more challenges, oppositions and events will measure the trust

in pursuit of the BOL with confidence to the proper utilization of communal resources.

The combined force and cooperation of diverse groups such as the Moro Islamic

Liberation Front, indigenous people, Christians and the Philippine National government are

essential in solidifying the intent, purpose and goal of BOL. (PNA, 2019) The said fear to the

domination of traditional powers and authorities are not likely to happen or even seen during

the process of making the organic law for decentralization of Moro power in Mindanao because

it is a continuous and at the same time joint efforts of different groups that which the

foundation of Bangsamoro Organic Law more strong and applicable for a better Mindanao.
 Possible measures in molding a better Mindanao through BOL is stitching the realization

that this is an avenue to build a peaceful and developed society that will address and heal

memories of traumas from wars, terrorism and killings, respect in the wide concept of diversity

which is an innate blessing to the so called “Land of Promise,” greater tolerance to the

differences and parallel beliefs without considering harmful acts or revenge, growth of respect

and harmony among people with different beliefs, practices, religions and customs and to

unleash the full potential of political and humanitarian leadership among leaders that will serve

as benchmark to the new Bangsamoro way of leadership. The concept of inclusive progress

among diverse population of Mindanao that is guided through the efforts and leadership of

local authorities is the ideal result and reality of the new land of Bangsamoro.
 CHAPTER III

METHODOLOGY

I.) Research Design

Qualitative Comparative Analysis served as the research design of this study

because it will be utilized as a tool to compare different shades and sides of analysis.

It provides standardized procedure for qualitative research and to implement

principles of comparison of macro-social phenomena. It is also used to address many

aspects of cases or situations and integrate or examine how parts of these fit

together.

II.) Discourse Analysis Procedure

The researchers will use secondary sources and data as their means to

interpret, provide result and to answer the research questions. These data may

include results for surveys conducted about perspective of Mindanaoans to the

Bangsamoro Oraganic Law as well as the efficacy of BOL and different peace

process here in Mindanao. The research design Qualitative Comparative Analysis

will be used where the researchers will compare different analysis and results

from reliable secondary sources or results that they will utilize concerning BOL

and the significant peace process. In terms of analysing and interpreting the data

the researchers will use thematic method of analysis that will give emphasis to
 the method of organization and rich description of the chosen data set and

factors involved in the study.

Also, the researchers will carefully evaluate and interpret data and assess

the results that will satisfy their queries especially to sought answers for their

presented statement of the problem. Inclusive gathering of data, organizing and

studying descriptions and of different standpoints are to be observed to provide

reliable results and discussions.

III.) Method of Analysis

The researchers will utilize a thematic method in analysing the data gathered.

This method of analysis will seek to know patterns of theme or emphasis of a

dataset that gives answer to the research question being asked. Patterns will be

identified through comprehensive data processing by familiarisation, coding,

revision and theme development. Moreover, this method analysis will enable the

researchers to gain insight, knowledge and determine broad patterns that will

constitute to the data being analysed.