by Paula Defensor Knack
Paula Defensor Knack is a is a former assistant secretary for Lands and Legislative Affairs at the Philippine Department of Environment and Natural Resources. She wrote on “ Legal Frameworks and Land Issues in Muslim Mindanao” in Land and Post-Conflict Peacebuilding and provides an update in this guest posting. NB: This material may not be published, broadcasted, rewritten or redistributed in whole or part without due reference to the author.
This blog provides a guide to peace-builders in analyzing developments in the Mindanao peace process that occurred since the publication of my chapter on “Legal Frameworks and Land Issues in Muslim Mindanao” (available here in pdf) in Land and Post-Conflict Peacebuilding. The recent signing of the Bangsamoro peace deal for Mindanao or the Comprehensive Agreement on the Bangsamoro (CAB) has received both praise and criticism. It is a work in progress as the CAB has been submitted to Congress for the passage of the Bangsamoro Basic Law. This posting, therefore, represents a guide to peace-builders in understanding the implications of these latest developments .
This blog post is part of a continuing analysis, shared with the 700 or so members of the Environmental Peacebuilding group and policymakers, regarding each phase of this protracted conflict and its series of failed peace agreements. The analysis raises questions relevant to conflict studies, negotiation, mediation, law, political science, natural resources and environmental management, governance and peacebuilding, which may serve as guidance to both students and practitioners. A full-blown academic analysis of this latest peace deal is to follow, but readers are also encouraged to familiarise themselves with the volumes in the Environmental Peacekeeping series related to land, natural resources and governance for case-studies providing lessons on effective post-conflict governance.
The Demands on a Peacebuilder
The work of peacebuilder can be complex, demanding and even life-threatening. Continue reading
First, can’t we all find a reasonable substitute for palm oil if we put our heads together? The litany of indigenous cultures being wiped off the face of the earth so that the formula we give our kids in the evening won’t clot is becoming mind-numbing. Here, the New York Times reports on the latest victims of tasty, affordable transfats in Malaysia. However, lest we forget that plenty of other threats exist, the BBC reports on the standoff over the Belo Monte dam in Brazil, which threatens the traditional fishing grounds of Amazonian indigenous groups, and the UNHCR describes the plight of indigenous peoples displaced by the violence in Mindanao.
Second, the BBC provides evidence that property issues are already rearing their ugly head in the new Libya. The extent to which the NTC tent will be big enough to accommodate the traumatized residents of Sirte may well depend on how quickly the NTC can get said residents out of tents and back into their homes.
And finally, the New York Times reports on how a middle class suburb in Beijing is now being exposed to the same type of frenetic official land grabbing that its relatively pampered residents thought could only happen to “peasants in the countryside or voiceless city people with no education”. In a curious form of negative egalitarianism, the local government has not hesitated to administer beatings to protesters and harnessed an impressive mix of new and old media to its cause:
From morning until sundown, a van drives through the neighborhood blaring warnings. “Don’t be influenced by other people who might cause you unnecessary loss,” the loudspeaker says again and again. Daily text messages that clog residents’ cellphones drive home that point. More than one resident has had a window smashed. A half dozen homes, their owners having folded, have already been leveled.
– Good riddance Mr. (rat)Kom(l)adic.
– The New York Times reports on how the global land rush functions in a less permissive environment. The BRIC shows cracks as China, not satisfied with importing raw materials from Brazil and selling it finished goods, begins to make a play for control of soya growing land. Brazil fights back by doing what China has, ironically, always done – restricting foreign ownership of land.
– Both National Public Radio and the Australian Broadcasting Corporation have provided updates on the state of forced evictions in Cambodia. The NPR piece puts the ongoing controversy over the Boeung Kak Lake settlement in Phnom Penh (most recently blogged on here) into regional perspective by describing similar urban evictions in the Philippines and Thailand. The ABC story also describes the ongoing evictions related to an Australian funded project to reconstruct Cambodia’s rail lines, previously described by Natalie Bugalski here. However, the most impressive quote (by David Pred of BAB-Cambodia) concerns Boeung Kak and the latest innovations in forced eviction tech:
Families refused to accept the compensation that was being offered to them, so they just started directing the sand pumping machine at the houses and literally drowning them in mud.
– For those who may have inadvertently missed the latest high drama in Bosnian politics, Baroness Ashton, the EU foreign policy chief, scored a little noticed and quite possibly Pyrrhic victory in convincing Republika Srpska President Milorad Dodik not to hold a referendum on whether to say nasty things about State judicial institutions. Commentators on Balkan Insights noted that the whole thing may have been a very successful bluff by Mr. Dodik, and that the political establishment in Sarajevo continues to feed the type of resentment that props up Mr. Dodik by denigrating it.
It will not have escaped discerning readers that I’ve been a little neglectful of my blogging duties over the last weeks. Sorry for that and thanks for hanging on. I thought I’d float a new format that would be a bit more manageable for times when I’m too frazzled to pontificate. So here is this week’s pick:
- Anybody remember the Pakistan earthquake? USAID does and its a little bittersweet and a little encouraging to skim their year 3 recovery report, brimming with build back better and participatory assessment. I wonder what the headlines will look like when we are all opening up the Pakistan flood year 3 report.
- While we are on the topic, here is a link to a succinct and slightly puzzling briefing note on a program to resettle IDPs whose land was lost or rendered unusable by the Pakistan quake. Slightly odd terminology (“One Window Operation is a mechanism devised to organize mutation of land and disbursement of financial assistance at one spot on the same day”) but a logical local response to what climate change sadly has in store for many more…
- …as in Southeast Asia, where World Vision has issued a sobering PR spelling out what the truism about the poor being least resilient to natural disasters looks like in practice. As in Pakistan, Haiti and many other settings, land remains a central issue a year after Hurricane Ketsana struck the Philippines: “…thousands of the poorest survivors are still living in tents, displaced from their former shanty homes onto patches of land where they face an uncertain future as authorities attempt to negotiate land rights that would grant them a permanent home.”
- EurasiaNet has an interesting piece on Azerbaijani IDPs from Nagorno-Karabakh who are resisting local integration by refusing to send their children to a new school they would share with host communities. Again land. In the words of one observer: “These are people whose mindset is fundamentally tied to the land, … and that is a factor in their tie to the school — good or bad.”
- The NY Times ran a sad piece on the vulnerability of indigenous groups even in countries such as Venezuela that are officially committed to protecting their rights. In this case, members of the Warao tribe have turned to scavenging in a dump in Ciudad Guayana. A community leader expresses an unfamiliar take on indigenous land rights: “We’re never going to leave this place … We’ve claimed this land and made our life in this dump, and this is where our future rests.”
- Meanwhile, UNHCR reports on the vulnerability of indigenous groups in countries where they find themselves in the way of conflict-facilitated natural resource stripping. The Tule people of Colombia, facing extinction in September 2010.
- In the category of disasters that haven’t happened, the IASC reminds that just because a hurricane hasn’t hit Haiti yet doesn’t mean it won’t happen…
- …and Reuters informs that the Sahel appears to have been spared the worst effects of a potentially catastrophic drought.
- Staying on disasters but of a political nature, we have Tihomir Loza’s TOL commentary on the logic of Bosnian political stagnation…
- …and Paul Krugman’s take on the Republicans’ Pledge to America.
- And moving to high concept, the NY Times Review of a new book on human rights that posits its roots less in the enlightenment than in decolonization and “the failure of national self-determination to guarantee human dignity”. Prolonged commentary on Opinio Juris as well.
Posted in Week in links
Tagged Azerbaijan, bosnia, Colombia, disaster, durable solutions, human rights, IDPs, indigenous groups, Pakistan, Philippines, reconstruction, reintegration, sahel, Venezuela