Transitional justice and reconciliation in the Bangsamoro: A Swiss view

Dealing with a legacy of human rights violations is one of the most difficult challenges in any peace process. The situation is no different with the Comprehensive Agreement on the Bangsamoro. While the perseverance of the Parties in reaching the agreement is indeed commendable, it is important to acknowledge the suffering of countless victims during the decades of conflict. The time has come to listen to their stories and to address their grievances.

 This is the task assigned to the “Transitional Justice and Reconciliation Commission TJRC” in the Annex on Normalization of the CAB. In its terms of reference, the TJRC is mandated “to address the legitimate grievances of the Bangsamoro people, to correct historical injustices, and to address human rights violations, including marginalization through land dispossession.” This is a tall order to fill — and wisely, the Parties are approaching the task cautiously. They request the TJRC to study the issues and to produce a report that will include concrete policy recommendations. To this end, the TJRC is planning to conduct consultations with concerned stakeholders and affected communities in the Bangsamoro region. The TJRC is not a truth and reconciliation commission as established in other post-conflict situations with public hearings and decisions about amnesty and reparations. Yet, the TJRC is resolved to make a series of recommendations to the panel chairs. It will do so based on the results of its consultations and with the intent that the transitional justice and reconciliation recommendations will be meaningful, pertinent and Filipino-led suggestions.

 So what can be expected from a study commission? The TJRC was launched at meeting of the Peace Panels at the end of September in Kuala Lumpur. Constituted as an independent body, it has just held a first public event in Cotabato. The turn-out was impressive with a broad spectrum of participants, ranging from local government and police officials, to civil society representatives, to experts associated with the peace process. The fundamental message was that peace and justice must complement one another. Individual victims and their families have a right to know what happened, why it happened, and who was responsible. It is recognized that the state is obliged to investigate past events and the circumstances that led to massive or systematic human rights violations, in order to prevent their recurrence in the future. The dialogue between the rights of victims and the duties of the state to provide remedies lies at the heart of transitional justice.

Accepting the Peace Panels’ invitation to chair the TJRC, Switzerland is committed to the peace process and regards transitional justice and reconciliation as an integral part of that process. It is privileged to provide two experts to the TJRC, its chair in the person of Mô Bleeker and a senior adviser, Jonathan Sisson. The two Filipino members of the TJRC are attorneys Cecilia Jimenez and Ishak Mastura, representing the Philippine government and the MILF respectively. The Commission has already established an office with a small staff in Manila.

The TJRC has one year to produce its report. The task ahead is daunting. It must not only examine the extent of human rights abuses associated with the conflict, but also address historic injustices and current grievances, in particular relating to land dispossession. Obviously, there is no simple remedy for injustices of the past, but it is imperative to put mechanisms into place that will acknowledge them as such and respond to legitimate grievances. While the enactment of the Bangsamoro Basic Law will provide the strongest impetus for reconciliation in the region, the TJRC can create conditions for reconciliation by recommending policies to combat impunity and to provide at least a modicum of satisfaction for victims.

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(Ivo Sieber is the Ambassador of Switzerland.)