Peace Agreements and the Law of Peace: A Consultative Paper Exploring Issues Relevant to Peace Processes in the Philippines

2011 ◽  
Author(s):  
Christine Bell
Keyword(s):  
The Philippines ◽  
Peace Processes ◽  
Peace Agreements ◽  
The Law

The plight of indigenous peoples within the context of conflict mediation, peace talks and human rights in Mindanao, the Philippines

Thesis Eleven ◽  
2018 ◽  
Vol 145 (1) ◽  
pp. 28-37 ◽  
Author(s):  
Sedfrey M. Candelaria
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The Philippines ◽  
Armed Conflicts ◽  
Peace Processes ◽  
Rebel Groups ◽  
Peace Agreements ◽  
Peace Initiatives ◽  
Strategic Role ◽  
Philippine Government

Republic Act 8371 or the Indigenous Peoples’ Rights Act of 1997 (IPRA) was passed by the Philippine Congress in order to address the concerns of the indigenous communities which had received marginal attention through the past decades. Indigenous communities have also been displaced from their lands due to armed conflicts between government soldiers and secessionist groups, particularly the Moro rebels and the communist-led New Peoples’ Army. The Philippines has been privy to peace initiatives with these two groups for some time now. Political circumstances, however, and legal impediments have periodically stalled the peace processes. It is the author’s intention to focus on the predicament of indigenous communities as they seek a strategic role in shaping the content of peace agreements being negotiated by the Philippine government with the rebel groups. How have the indigenous communities made an impression on the two peace processes through the years? And, have the indigenous peoples’ rights been sufficiently protected in the context of the peace agreements? The author will draw from his own insights on the peace processes and agreements which have been negotiated and even tested before the Supreme Court of the Philippines.

scholarly journals THE PHILIPPINES: THE CHALLENGES OF MORO AND LUMAD POWER-SHARING IN THE BANGSAMORO

2021 ◽  
Vol 35 ◽  
pp. 70-88
Author(s):  
Jose Mikhail PEREZ
Keyword(s):  
Identity Politics ◽  
The Philippines ◽  
Power Sharing ◽  
Regional Government ◽  
Peace Processes ◽  
Peace Agreements ◽  
History Of ◽  
Late Twentieth ◽  
The Republic ◽  
Philippine Government

Two self-ascribed ethnic groups—Moro and Lumad—are native to Mindanao in the southern Philippines. Both groups share a common history of oppression from Western colonialism, Christian resettlement, and capitalist interests where the former has waged a more organized insurgency against the Philippine government in the late twentieth century. Due to the political superiority of the Moros, the Lumads are often left marginalized in the various peace processes in Mindanao due to their accommodation to the Moro’s call for the creation of anautonomous region under an internal power-sharing agreement. This form of double marginalization against the Lumad promotes a sense of internal colonialism where such arrangements are only left between the Bangsamoro regional government and the Philippine national government, thereby forcing the latter to accommodate to Moro interests. Analyzing the text of the recent peace agreements between the Republic of the Philippines and the Moro Islamic Liberation Front (GRP-MILF), the article attempts to understand the conflict dynamics between Moros and Lumads under power-sharing and power-dividing measures. The article concludes that consociationalismin ethnically divided societies often lead to more ethnic cleavages if done haphazardly to favor certain interests while leaving ethnic minorities at a disadvantage. Keywords: Moro, Lumad, Mindanao, Bangsamoro, consociationalism, identity politics.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

scholarly journals Let Me Tell You a Story

Daedalus ◽  
2020 ◽  
Vol 149 (4) ◽  
pp. 207-233
Author(s):  
Antonio Oposa
Keyword(s):  
The Philippines ◽  
Environmental Crime ◽  
The World ◽  
The Law ◽  
Law And Science ◽  
The Mind ◽  
Climate Crisis

I've spent my time caring for the Life-sources of Land, Air, and Waters – the LAW of Life. It began by being touched by the Sea and the story of my mariner grandfather. It went on to raids to fight environmental crime syndicates in the Philippines and on to the court of law. The Court is a good venue to light a STAR: to tell a Story, put the issues on the Table for orderly discussion, spark Action, and arrive at a Resolution. I founded the SEA Camp (Sea and Earth Advocates) to train children to care for the Sea and Earth and, later, founded the School of the SEA. Twice – in 2008 and in 2013-I saw the School erased by an extraordinary typhoon, a foretaste of the climate crisis. I've realized that when you use the law and science to change the mind, it can change tomorrow. But when you change the heart, it is forever. In the midst of the ongoing climate and COVID-19 crises, I believe that we can change the story of the world if we change the storyline. “The seeds of goodness live in the soil of appreciation for goodness.”

An International Law Perspective on Insular Features (Islands) and Low-tide Elevations in the South China Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 298-315 ◽  
Author(s):  
Ted L McDorman
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Republic Of China ◽  
China Sea ◽  
The Law

The numerous insular features (islands/rocks) and low-tide elevations (reefs, shoals, etc.) within the South China Sea have long been the centre of attention and dispute involving Brunei, China (the People’s Republic of China and the Republic of China (Taiwan)), Malaysia, the Philippines, and Vietnam. This contribution focuses on said maritime features from the perspective of the law of the sea. A general overview is provided of the international legal rules that apply to islands, rocks and low-tide elevations with reference to the United Nations Convention on the Law of the Sea, customary international law and international adjudications. The article then examines what the littoral states have said and done respecting the insular features in the South China Sea and offers some reflections in the context of the Philippine-China arbitration.

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