Heeding President Benigno Aquino’s instruction that the peace process with the MILF be inclusive and transparent, the 2012 FAB recognises women’s basic right to “meaningful political participation, and protection from all forms of violence”, and requires that the rights of indigenous and non-Bangsomoro peoples be respected.
In order to try to establish inclusivity, transparency and ultimately accountability in the substance, process and implementation of the FAB, the agreement provided for transitional mechanisms such as the Transition Commission (TC), tasked with drafting the Basic Law for the Bangsamoro, and the Bangsamoro Transition Authority, which will serve as the interim government in the Bangsamoro until national elections in 2016.
These transitional mechanisms could serve as strong platforms for greater inclusivity among the stakeholders in the Bangsamoro peace process. For example, the TC is a very good venue for intra-Bangsamoro dialogue where all the splinter groups of the MILF, MNLF and their communities can participate and converge their agendas. The TC also provides a useful platform for broader Tri-people dialogue. The 15 members of the TC represent the various stakeholders: the MILF; recognised allies of the MNLF; indigenous people; settlers; and nominees of provincial governors of ARMM. Of the fifteen members, four are women, including the representative of the indigenous people.
The international community has always played a significant role in the Bangsamoro peace process, starting with the Organisation of Islamic Cooperation in its role as facilitator with the MNLF. Malaysia facilitates the MILF peace process, and there are other support structures such as the International Contact Group, the International Monitoring Team, and the recently convened Third Party Monitoring Team to assist implementation of the FAB. The Independent Commission on Policing has also been established as part of the transitional mechanisms of the FAB, with an international expert as head; its government representative is a woman Police Director, Lina Sarmiento. The International Contact Group, established in 2009, was the first formal hybrid mediation support initiative. It comprises four states (Japan, Saudi Arabia, Turkey and the United Kingdom) and four international NGOs (Conciliation Resources, Muhammadiyah, The Asia Foundation, and the Centre for Humanitarian Dialogue).
The Basic Law, which it is hoped the TC will submit to Congress by the end of 2014, could serve as a platform for a national dialogue that would address the vertical and horizontal dimensions of the Bangsamoro armed struggle. Ultimately, this is where the issue of inclusivity and legitimacy of the Bangsamoro peace process lies – as well as the prospect for a lasting peace in Mindanao.