Page 7 - Empowerment and Protection - Conclusions Chapter

The conflict in Mindanao is partially a nested set of disputes about governance systems, including justice mechanisms, leadership representation, and forms of administrative government. While the conflict between the armed Moro Islamic Liberation Front (MILF) and the Philippine government has been
the focus of international peacebuilding efforts, the perspectives shared by indigenous peoples (IPs) reveal a less visible side of the conflict. Rule of law as understood from a liberal, statist perspective is
a system that is distinct from and often in conflict with the traditional governance structures of IP communities, which pre-date the Philippine state. As one IP leader notes: “The government has used its legal platform and authority to reduce and even remove the presence of our tribes.” IP leaders talk about their communities’ preferences for traditional governance systems that are based on longstanding traditions, leadership lineages, and tribal values and customs.
Rule of law can undermine cultural integrity and the freedom to dignity or community security if imposed on traditional cultures. But if
it is used to protect traditional values and governance structures, it has the potential to be a source of human security.
IPs characterise the state as a negligent or destructive force that encroaches on their land and endangers community members. The Philippine government has not adequately acknowledged tribal leadership, but instead appoints its own IP representatives who are not seen by IPs as authentic or legitimate. Lack of authentic representation in the Philippine state has increased the vulnerability
of IPs and is a threat to their cultural identity and dignity. IP leaders have sought to engage the legal process through the Indigenous People’s Rights Act (IPRA) of 1997, as a way to balance preservation of their own governance structures within the rule of law. While IPs seek representation in the state, they uniquely request state recognition and inclusion
of their own distinct governance structures and traditional territorial rights.
By contrast, the Moros have achieved fuller governance autonomy through the 2014 Comprehensive Agreement on Bangsamoro, and expect to develop their own culturally derived systems of governance. While the Moros have gained greater cultural representation through the peace process, the security of IPs in the same region is less assured. IP leaders fear that IPRA will not
be implemented under Moro governance. Both communities seek culturally congruent systems of governance, and express the need for the Philippine state to enforce the implementation of laws that preserve order and grant greater cultural autonomy and protection.
In Zimbabwe, ancestral leadership structures continue to play a significant role in rural life. Traditional courts take community violence cases, dispensing justice in a way that is meant to build and repair social relationships rather than punish offenders. The chiefs and village heads respond to community grievances such as domestic violence, lack of access to healthcare, food insecurity, and health concerns. Violent conflict in the recent past has left a legacy that traditional leaders must address: “The tension between the [Shona and the Ndebele tribes] has been very intense with [the Shona] continuing to vie for supremacy in their spaces of influence.” Security in traditional communities is at risk from political conflicts
that trace their roots back to the colonial era and Zimbabwe’s war of independence.
Traditional leaders have historically been impartial and expected to serve all of the people in their area. However, they have been heavily courted by political parties for their influence and some have been co-opted by political interests. One traditional leader explains that: “Some of our subjects feel insecure if they are viewed as hostile to the political persuasion of the local traditional leader.” Politicised traditional leadership creates unrest and provokes grievances over unequal treatment at the grassroots
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