A legacy of peace

The Bangsamoro Basic Law is a 122 -page document that future historians may yet cite as one of PNoy’s greatest legacy for the Philippines and future generations of Filipinos. It may also turn out to be another model, for the world, for a peaceful solution to a potentially violent situation – a model similar to the People Power Revolution which brought down the brutal Marcos dictatorship through non-violent means.

In order to fully appreciate the historic significance of this basic law creating a special autonomous Muslim region, it is necessary to view this from a global perspective. There are so many other countries in the world that are faced with demands for either independence or autonomy from a Muslim minority in their population.

 No other country has been able to arrive at a peaceful solution to reconcile this demand while maintaining its territorial sovereignty. The result is constant violence in the form of guerrilla war, terrorist acts or mob violence. The Philippines is poised to be the first country that will finally have a working and peaceful model for resolving this conflict.

In China, in the Xinjiang Ughur region, its native people are the Ughurs, a Turkic Muslim group who have been demanding independence. There have been unrest and serious acts of violence resulting in deaths of hundreds of Ughurs and Chinese. Recently, there have been reports of suicide attacks by Ughurs in crowded areas like train stations. The Chinese have responded by military action and resettling thousands of Han Chinese in Muslim dominated areas.

In Russia, the Muslim republic of Chechnya declared independence from the rest of Russia but this was met by an invasion by Russian troops in 1994. After a ceasefire, the Russians again invaded in 1999 and have retained military control of the country. The Chechnyans have responded with terrorist attacks even in Moscow.

Southern Thailand is a Muslim dominated area. From 2004 to 2009, a 60,000 strong Thai security force suppressed a Muslim insurgency. However, more than 3,500 people, mostly Muslim civilians died in the fighting. Today, the insurgency has taken the form of guerrilla warfare and terrorist acts.

In Western Myanmar, there have been ethnic attacks on the Muslim minority by the Budhist majority population. Aung San Suu Kyi has been criticized for not publicly condemning the attacks. In the coastal region of Kenya, in northern Nigeria, and in other parts of Africa there are similar violent conflicts between the government and Muslim insurgents. The same situation can be found in so many places in the world like India and the Balkans in Europe.

But this demand for autonomy or independence by an ethnic or religious minority is not limited to Muslims. The Basques, in northern Spain have been struggling for independence for centuries. In fact many Basques were exiled to the Philippines, when it was still a Spanish colony. These were persons convicted or suspected of supporting an independent Basque nation. Many Filipino families are mistaken as Hispanic in ancestry when they are actually of Basque ancestry – like the Aboitiz, Zobel, Ynchausti, Ugarte families.

The  essence of the BBL lies in the Preamble. It is worth quoting here so we can fully appreciate the nature of the new Bangsamoro Region. The Preamble states:

“ We, the Bangsamoro people and other inhabitants of the Bangsamoro , imploring the aid of the Almighty, aspiring to establish an enduring peace on the basis of justice in our communities and a justly balanced society, and asserting our right to conserve and develop our patrimony;

In consonance with the Constitution and the universally accepted principles of human rights, liberty, justice, democracy and the norms and standards of international law, reflective of our system of life prescribed by our faith and in harmony with our customary laws, cultures and traditions;

Affirming the distinct historical identity and birthright of the Bangsamoro people to their ancestral homeland and the right to self determination — beginning with the struggle for freedom of their forefathers in generations past and extending to the present — to chart their political culture through a democratic process that will secure their identity and posterity and allow for genuine and meaningful self governance as stipulated under the Comprehensive Agreement on the Bangsamoro (CAB);

With the blessings of the Almighty, do hereby ordain and promulgate this Bangsamoro Basic Law through the Congress of the Republic of the Philippines as the basic law of the Bangsamoro that establishes the asymmetrical political relationship with the Central Government founded on the principles of subsidiarity and parity of esteem.”

There are many key phrases in this preamble that will determine the nature of governance in the new autonomous region. It would be very helpful for our lawmakers to understand that the nature of this society will be Muslim based and not Judaeo-Christian based as in the rest of the Philippines.

In the second paragraph of the preamble, there is an acceptance of norms and standards of international law but also with the caveat that states “reflective of our system of life, prescribed by our faith, and in harmony with our customary, laws, cultures and traditions.”

It is this statement that sets the framework for “Article X: Bangsamoro Justice System.” This includes Section 1: Justice System in the Bangsamoro which says:?“The Justice system in the Bangsamoro shall consist of the Shari’ah law which shall have supremacy and application over Muslims only, the traditional or tribal justice system, for the indigenous peoples in the Bangsamoro, the local courts, and alternative dispute resolution systems.

For Muslims, the justice system in the Bangsamoro  shall give primary consideration to Shari’ah, and customary rights and tradition of the indigenous peoples in the Bangsamoro.

Nothing herein shall be construed to operate to the prejudice of non-Muslims and non-indigenous peoples.”

Then Section 4.” Sources of Shari’ah Law:”  Al-Qur’an (The Koran); Al Sunnah(Prophetic Traditins); Al Qiyos ( Analogy); and, Al-ljima ( Consensus).

Governance in the Philippine is based upon the Western system of law which is fundamentally based on Judaeo Christian teachings and traditions. But one of its tenets is the distinction of what belongs to God and what belongs to “Caesar” or the ruler of the land.

Islamic law or Shahri’ah – “the path leading to the watering place”  constitutes a divinely ordained path of conduct that guides Muslims toward a practical expression of religious conviction of the world and the goal of divine favour in the world to come. It is wider in scope than Western jurisprudence since it regulates an individual’s relationship not only with one’s neighbours and the state – which is normally the limit of Western laws – but also with God and one’s own conscience. Thus, relationships with God becomes part of Shahri’ah  l.aw.

There are many other differences. Our lawmakers must, therefore, understand that the differences are the result of different religious and cultural frameworks. These differences cannot be debated on the basis of right and wrong. On the other hand, the Bangsamoro people must understand that the essence of democracy and peaceful coexistence is the protection of the rights of the minority.

We  hope and pray that the Bangsamoro Basic Law will be the pathway to peace that will be a legacy of this generation to future generations of Filipinos.

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