The passage of the Bangsamoro Basic Law presents many challenges and uncertainties to the future of Mindanaoans. Every stakeholder has a dramatically different perspective of the passage of the law and what it will mean for peace. At one town hall meeting, our questions about the BBL drew blank stares. To our surprise and alarm, they had never heard of it, and had no opinion of its future. Others in the region are politically engaged through the larger peacebuilding network, and hold hopes that since it has been such a long, consultative process drawing up the legislation and terms of the BBL, it will surely pass. There are spoilers absolutely, however the majority are committed to peace. Others express high hopes that the BBL will not only pass, but shine as an international example to warring parties worldwide of a pluralist democracy that incorporates traditional judicial and legal systems, like Sharia law.
Many expressed positive sentiments that it is the best we have, so it will surely pass. “Catch the chicken and divide it later.” But for some, that is not sufficient, nor realistic. Astonishingly, the BBL does not integrate the demands of the Indigenous Peoples (IP). The BBL would dissolve the ARMM and create a new autonomous region of the Bangsamoro. This new governance structure does not include any mention of the Indigenous Peoples chief concern: ancestral domains. These are lands, waterways, and coastal areas historically inhabited by the IP, Mindanao’s first occupants. Furthermore, there is no mention of IPRA, the Indigenous Peoples Rights Act. Enacted in 1997, it is a key piece of national legislation that recognizes and promotes the rights of indigenous communities. While the IP are a part of the ongoing inter-religious dialogue initiatives, the Muslim-Christian conflict is the primary concern. There is acknowledgement of ethnic differences between Moro and IP, that is somewhat integrated into the collective identity, the Bangsamoro, calling for equality of identities. The BBL recognizes the IP’s right to “tribal customary law,” however the law does not outline specific policies promoting IP rights, nor prioritize IP land sovereignty.
The fact is that Indigenous Peoples remain the most marginalized in Mindanao society. They live in the highlands, with less access to basic services, quality education, employment opportunities, and are left to farm the least fertile lands. Despite development assistance programs, it is estimated that up to 70 percent of Indigenous Peoples live below the poverty line.
If the same people that are marginalized by development, are marginalized by the peace process ,there can never be justice nor lasting peace.