1 Marianne Crielle G. Vitug POS 130.7 IV AB Political Science October 7, 2014 Womens Meaningful Participation: Achieving Political Security through the Bangsamoro Basic Law Introduction ThecreationoftheBangsamoroBasicLawhasbeenalongandarduous process deeply entrenched in political, cultural, and religious issues. Nonetheless, it is considered to be the biggest victory in the recognition of the desires for autonomy of the people in the region. Its passage will also be a milestone in the assurance of long-lasting peace in the region, which has been volatile for several decades. An important aspect of the eventual implementation of the law is its gendered one. Through war and peace, many women have had to bear the consequences of the actions of the leaders, activists, and rebels in the region. They are clamoring now fortheirmeaningfulparticipationintheBangsamoroBasicLaw,inordertoensure thatspacesarecreatedinorderforgenderequalitytoflourishinthenewpolitical entitythatwillariseinplaceoftheAutonomousRegioninMuslimMindanao (ARMM). The Basics of the Basic Law Onthe10thofSeptember2014,PresidentBenignoAquinoIIIpersonally deliveredthedraftoftheBangsamoroBasicLaw(BBL)totheHouseof Representatives (Office of the Presidential Adviser on the Peace Process 2014). The law, entitled An Act Providing for the Basic Law for the Bangsamoro and Abolishing theAutonomousRegioninMuslimMindanao,RepealingforthePurposeRepublic ActNo.9054,EntitledAnActtoStrengthenandExpandtheOrganicActforthe 2 AutonomousRegioninMuslimMindanao,andRepublicActNo.6734,EntitledAn ActProvidingforanOrganicActfortheAutonomousRegioninMuslimMindanao, and for Other Purposes, was created by the Bangsamoro Transition Commission or theBTC.TheBTC,inturn,wascreatedinDecemberof2012afteraframework agreementwasreachedinOctoberofthesameyearbetweenthePhilippine government and the Moro Islamic Liberation Front (MILF). InFebruary2014,theBTCpublishedaprimerinordertolayoutthe fundamentals of the law, and detail how they were going to go about the creation of it (BangsamoroTransitionCommission2014).TheBBLcreatesanewBangsamoro territory, and with it, a new Bangsamoro government. It replaces the old ARMM, and expandsintoneighboringterritoriesaswell.Whileitshallsetouttocreateitsown bodies,procedures,andlaws,itwillstillbeundertheauthorityofthePhilippine government.ThelawwillcreateanentirelynewpoliticalentitytoleadtheBangsamoro region,onethatwillhavethecapabilitytotransformit.Itiscomprehensive,and coversthespectrumofgovernancesectors,fromthecreationofitsownlocal governmentunitstotheeducationalsystemofthearea.Itinfusesthecultureand religionofthepeoplethroughvariousmeans,anexampleofwhichwouldbethe creation of the hisbah office in accordance with the justice ideals of Shariah law. It is similar to that of the ombudsman, and is, more importantly, a markedly unique touch thatexhibitsthecommitmentofmakingthelawfaithfultoMuslimculture.Atthe sametime,however,theyhaveensuredthatnoreligiousorculturaldiscrimination will be legalized. 3 The Long Journey WhilethepassageoftheBBLwillsurelybealandmarkinthehistoryofthe peace process, there was much collateral damage in the journey to achieve it. It has been women who have historically bore the brunt of the conflict in the region, which hasresultedinarmedstruggle,internaldisplacement,andseveralhumanrights violations.Atty.LaisaM.Alamia,inthePeaceLensconferenceheldbyForumZFDin AteneodeDavao,detailedmanyofthehardshipsthatwomenoftheBangsamoro have had to endure. She first cited the poverty incidence rate of the ARMM, which is pegged at 48.7% the highest in the nation. What is more disconcerting, however, is that the poorest of the poor are the women. This cuts across sectors, as it applies to women who are farmers, women in other rural areas, and the like. Shealsospokeoftheinternaldisplacementthathasoccurredduetothe variousconflictsintheregion.Womenandtheirchildrenhavehadtorelocateto shelters in order to avoid the armed struggle that are often initiated and propagated by men. This creates substandard living conditions, wherein diseases spread easily andtherearenotenoughresourcestogoaround.Itisalsoabreedinggroundfor trafficking.IntheaftermathoftherecentZamboangasiege,oneofthelargest controversieswastheriseofthesextrade(Calica2014).Prostitutionbecame widespread,asitwasviewedasameanstoearnmoneyquicklygiventhe circumstances.Even when women are not displaced, Alamia insists that they have still had to faceseveralproblemsinthehomefrontonaccountoftheirgender.IntheARMM region, it is not unusual for girls to be married off when they are very young to older 4 men. They are then obligated to have many children, depending on the preferences oftheirhusbands.Itoftenhappensthattheybecomeunabletocareforthese children,botheconomicallyandphysically.Thistypeofarrangementalsoprevents themfromcompletingtheireducation,thusgivingthemlimitedoptionsfor independence. They become fully reliant on their husbands, and have no choice but to stay with them, even when conditions become unfavorable for them.Alternatively,Alamiaexplainsthatsomeofthesegirlsopttogoabroadin ordertoavoidbeingmarriedoff.Theproblem,however,isthattheydosoillegally, and are therefore untrained to work, which ends in their exploitation at the hands of theiremployers,insteadofthehusbandstheywouldhavehad.Withoutproperskill sets, experience, and knowledge of rights, these girls simply face a different type of horror.Froilyn Mendoza, the founder of Teduray Lambangian Women's Organization (TLWOI),detailsthattheproblemisalsostructuralinnature,especiallyforthe womenwhobelongtothetribalgroupingsinMindanao.Theculturalandtraditional practicesofhertribedisadvantagedwomeninmanyways.Whenwomenwere raped,forexample,itwastreatedasanordinaryoccurrencethatwastobedealt withinprivate.Evenworse,manywomenwereforcedtomarrytheirrapists,asit couldbeseenasdisgracefuloruncleannottodoso,particularlyinthecases wherein pregnancies occurred. Moreover, there is a culture of mesala or penalizing, whichappliestothosewhopublicizesensitivematters,suchassex,rape,incest, andthelike,astheyareconsideredtaboo(Mendoza2014).Asopposedto punishingtheperpetrator,theblameandresponsibilityareplacedontheshoulders of the victim. 5 Alamiaadvocatedfortheincreasedpoliticalparticipationofwomeninthe creationandimplementationoftheBangsamoroBasicLaw.Thisdoesnot necessarily mean that women have to gain seats of power immediately. Rather, this refers to educating women in order to ascertain that they are knowledgeable of their rightsandcapabilities,aswellasensuringtheircapacitytoairtheirowninformed views and opinions, regarding any personal and political issues that they are dealing with. This also involves creating spaces in the new political entity that will allow them tobeheardbytheirleaders,suchthattheybecomeequaltomenincreatingand leading the new Bangsamoro region. Political Security as a Framework Perhapsthesimplestofallhumansecuritydimensionsisthatofpolitical security,andyet,despiteitbeingthemoststraightforward,itisalsothehardestto achieve. Political security tackles the protection and implementation of human rights, using the United Nations Universal Declaration of Human Rights as basis. Given the comprehensiveness of the document, however, it is unsurprising that most, if not all, nations fall short on several aspects. Mostapplicably,thewomenoftheBangsamorohavenotbeenpolitically secure due to the existing structures that propagate discrimination, and their lack of participationinthedecision-makingprocessesthataffecttheirregion.Onseveral fronts, they do not feel that they are being treated equally to the men in their lives, as aresultoftheconstraintsofthecurrentruleoflaw,coupledwithcertainlimiting traditions and norms of their cultures. There are several instances wherein their right to freedom of opinion and expression is curbed, due in most part to the fact that they arefemale.Theyarealsodeniedthefreedomtopursuetheireducation,aswellas 6 gointofieldsofworkinlinewiththeirpreferences,asaconsequenceoftheir obligationstotheirhusbandsandchildren.Thereisalsoadearthofproper representationforthemingovernment,asmostpoliticalleadersarestillmale,and notallfemalepoliticianscanforwardpro-womenpoliciesthataregenuinely beneficial for those on the ground. Therespectforhumanrightsisessentialtotheresolutionandpreventionof conflicts. Without the recognition of equality across various differences, there can be nomovingforwardtowarddevelopment.Womenhavealreadyservedaskey peacemakersintheregion,bothformallyandinformally,andtheirtangible empowerment will only be more beneficial to the region. ThecreationofanautonomousBangsamoroentityprovidesaunique opportunityforwomentomaketheirmarkfromtheonset.Itisachancetomake lastingchangesandeliminatetheoppressivestructuresthathavedisadvantaged them since time immemorial. It presents itself as a remarkable chance for women to achievetheirpoliticalsecuritybyhelpingtocreateanewwayofgovernancethat implements equality as the norm, and not as the exception. Several womens groups havealreadycapitalizedonthis,asseeninthe72consultationsthathavebeen conducted by the BTC with a total of 2,750 women from different sectors of society, andthevariouswomensconferencesorganized.Whileitwillinevitablynotbea sweeping or immediate change, it will nonetheless prove to be a revolutionary victory forwomen,shouldittrulybeaccomplishedwiththeirparticipation(Conciliation Resources 2014). 7 Relevant Stakeholders Thislawisparticularlymomentousbecauseoftheinitiativethatvarious womensgroupsandwomenleadershaveshowninparticipatinginits implementation. In the past, negotiations between the Philippine government and the MoroNationalLiberationFront(MNLF)wereeithermale-dominatedorfully comprisedofmales.TalksbetweenthetwopartiesstartedwithPresidentCorazon Aquino,whoreopenedthepossibilityofpeacefuldiscussion,butdidnotreachan agreement. The administration of President Fidel Ramos resulted in the Final Peace Agreement with the MNLF. He also reached out to the MILF, which was becoming a largerandmoreinfluentialfaction.Ramosappointedformergeneraland ambassadorManuelTantoleadthegovernmentspeacepanel,whileNurMisuari ledtheMNLFs.WhileTanspanelhadafewwomen,Misuariswasexclusively male. It was Tan who started the practice of bringing wives to the peace talks, which Misuariandhispanelistseventuallyimitated.However,therewasnoformal representation for women during this period (Arguillas 2014). ItwasonlyinthatMorowomenweregivenformalseatsatthenegotiating table.RamosappointedEmilyMarohombsarofLanaodelSur,thefirstfemale presidentoftheMindanaoStateUniversity,asthefirstwomanonthegovernment peacepanel(Arguillas2014).Sincethistime,womenhavealmostalwaysbeen membersofthepanel,andyetthehumanrightsabusescontinued,signifyingthat the change being made was not enough for women to feel. TheBangsamoroBasicLawof2014,however,isexceptionalbecause womenfrombothpartiesaremorefairlyrepresented.Mostnotably,thecurrent PresidentialAdviseronthePeaceProcessisSecretaryTeresitaQuintosDeles, 8 making her the first female to head the overall negotiations that have now spanned nearlytwodecades.Thechairpersonofthegovernmentpeacepanelisalsoa woman,Prof.MiriamCoronel-FerreroftheUniversityofthePhilippines,whowas appointedin2012.ShewasalsothechiefnegotiatoroftheComprehensive Agreement on the Bangsamoro, which was signed on March 27, 2014 (Office of the Presidential Adviser on the Peace Process n.d.).Bangsamoro women are also represented in this high body. Secretary Yasmin Busran-Laohasbeenamemberofthegovernmentpeacepanelsince2011.She hasalsoservedasthePresidentialAssistantforMuslimConcerns,andwas appointedasthechairoftheNationalCommissiononMuslimFilipinos(NCMF) (Office of the Presidential Adviser on the Peace Process n.d.). In the BTC, who are theprimaryauthorsoftheBangsamoroBasicLaw,havefourwomenoutoffifteen members,namely,JohairaWahab,RaissaJajurie,FatmawatiSalapuddin,and Froilyn Mendoza (Arguillas 2014).Women at the grassroots level have also been organizing themselves in order toenactthechangestheyhavelongdesired.AWomensSummitwasheldlast March7inCotabatoCityinordertomakerecommendationsregardingwomens protectionfromviolence,conflictandinsecurity,aswellaswomensmeaningful politicalparticipationinaccordancewiththeBBL(ConciliationResources2014). Fourwomensorganizationsattendedthissummitinordertoairtheirvarious concerns, as well as to find ways to effectively work together without compromising theirrespectiveagendas.TheseorganizationswereNisaUlHaqqFiBangsamoro, the Bangsamoro Womens Action for Development (BWADI), the United Youth of the Philippines-Women (UnYPhil-Women) and TLWOI (Conciliation Resources 2014). 9 Priortothedraftingofthebill,womensgroupswerealreadyengagingin various peace-building works in the ARMM region, and continue to do so as they see fit.Theyhaveorganizedinter-faithandintra-faithdialoguesamongwomen,taught newmethodsofconflictresolution,setupworkshopsandactivitiestopromote peace,andhavebeenrelevanttotheagenda-settingofvariouslegislatingbodies (Bangsamoro Women Sulong 2014). WomeninMetroManilahavealsoshowntheirsupportforthemeaningful participationofwomeninthislaw.StudentsofMiriamCollegeheldaprojectcalled Bangs for Bangsamoro, wherein students got their hair styled in order to show their solidarity. This was organized by Women Engaged in Action on 1325 (We Act 1325), withJasminNario-Galaceattheforefront.Sheservesasboththenational coordinatorofWeActandtheexecutivedirectorofMiriamsCenterforPeace Education.ChairpersonCoronel-Ferrerwasalsoinattendance,andhadherbangs cut as well (Sauler 2014). The Possibilities for Political Security TheaforementionedWomensSummitmadespecificrecommendationsthat havethepotentialtotransformwomenspoliticalparticipationforthebetter.These were detailed in the document A Better Bangsamoro for All: Womens Contributions to the Bangsamoro Basic Law. The first of their suggestions is for women to occupy 50%ofallmanagerialpositionsinthenewBangsamoropoliticalentity.Moreover, theyareseekingthecreationofaDepartmentforWomensAffairs,whichwill overseeallproceduresandmechanismsthatwilladdressissuesprimarily concerningwomen.TheyalsowanttheBangsamoroGenderFundtohelpstart-up organizations on the grassroots level, in order to ensure that women from all strata of 10 societyareconsultedinthelong-term.Theyalsosuggeststrictermonitoringofthe GenderandDevelopment(GAD)fund,whichismeanttobeusedonlyforgenuine GADprojects.Lastly,theyinsistonthestrengtheningofwomenscentersinlocal governmentunits,particularlyintheaspectsofcapacity-buildinganddiscourse cultivation (United Youth of the Philippines-Women 2014). TheMindanaoPeoplesCaucusalsoforwardedthesuggestionofhavinga womenscommitteethatwouldoverseeseveralcivilianprotectionteams(CPT), which would be comprised of women from the municipal and provincial level of these CPTs.Theyaremeanttobeinchargeofallaspectsoftheprotectionissues regarding women (Mindanao People's Caucus n.d.). These actions, which try to address womens issues on every possible level of participation, allow their voices to be heard by those in power, thereby increasing the likelihoodforpoliciestobemoredirectedandpurposeful.Thisway,women empowerment can be defined in the ways that the women themselves see it, without impositions of other notions from those who do not have the same lived experiences. Whiletheimplementationisalmostguaranteedtobemessyattheonset,the prioritization of gender equality right from the passage of the bill is what matters now. Conclusion ThelastimportantlessonfromtheBangsamoroBasicLawisthepertinent roleofgender-mainstreaming.Anopportunitytooverhaulanentiresystemof governance is rare, if not next to impossible, and should not be wasted by the lack of sensitivitytothevariousanddifferingneedsofbothsexes.TheBangsamoroBasic Lawhasthepotentialtoserveastheplatformforimprovingthepoliticalsecurityof women, and they have so far taken the right steps to ensure this plausibility. 11 Bibliography Alamia, Laisa M. Peace Lens: On Women's Empowerment in the Bangsamoro with Atty. Laisa M. Alamia. YouTube video, 18:48, May 5, 2014, http://www.youtube.com/watch?v=CVavfi3tIZY. Arguillas, Carolyn O. Philippines The Women in the Bangsamoro Peace Process: History, Herstory. February 3, 2014. https://www.transcend.org/tms/2014/02/philippines-the-women-in-the-bangsamoro-peace-process-history-herstory/ (accessed October 2, 2014). Bangsamoro Transition Commission. 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The Bangsamoro Basic Law is a historic opportunity for indigenous women - See more at: http://www.c-r.org/comment/bangsamoro-basic-law-historic-opportunity-indigenous-women#sthash.TI9jQlJP.dpuf. July 2014. http://www.c-r.org/comment/bangsamoro-basic-law-historic-opportunity-indigenous-women (accessed October 2, 2014). Mindanao People's Caucus. " Mindanao Women's Framework for Civilian Protection." Mindanao People's Caucus. http://www.mpc.org.ph/index.php?option=com_content&view=article&id=120&Itemid=41 (accessed October 2, 2014). Office of the Presidential Adviser on the Peace Process. "An Act Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054, Entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, and Republic Act No. 6734, Entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, and for Other Purposes." 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