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State of Local Democracy in the Autonomous Region in Muslim Mindanao (Sold ARMM)

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State of Local Democracy in the Autonomous Region in Muslim Mindanao (Sold ARMM) State of Local Democracy in the Autonomous Region in Muslim Mindanao (SoLD ARMM) Edna E.A. Co Ramon L. Fernan III Maria Faina L. Diola Amina Rasul Mehol K. Sadain Acram A. Latiph Rufa C. Guiam Benedicto R. Bacani Raphael N. Montes Jr. Supported by: © 2013 National College of Public Administration and Governance, University of the Philippines Diliman (UP-NCPAG) and the Philippine Center for Islam and Democracy (PCID) ISBN: 978-971-8567-85-2 This report is a product of an assessment of the quality of democracy conducted on the basis of International IDEA’s State of Local Democracy Assessment framework. The report was developed by the University of the Philippines National College of Public Administration and Governance (UP-NCPAG) and the Philippine Centre for Islam and Democracy (PCID) with the support and partnership of International IDEA. International IDEA has not participated in the content development nor the research leading to the report. Views expressed in this report do not necessarily represent the views of International IDEA, its Board or its Council members. This publication was supported by funding from Australian Aid. The views expressed in this publication are those of the authors and not necessarily those of Australian Aid nor of the Australian Government. Printed in the Philippines by Ec-tec Commercial First printing: 500 copies, July 2013. Preface The State of Local Democracy in the Autonomous Region in Muslim Mindanao (SoLD ARMM) is the fifth in a series of Philippine citizen-led democracy assessments, and the first ever on the state of local democracy (SoLD). The first four assessments focused on different aspects of democracy at the national level utilizing components of the State of Democracy (SoD) framework that the International Institute for Democracy and Electoral Assistance (IDEA) sponsors. The SoLD ARMM focuses on the practice of democracy at the local level, specifically in the Autonomous Region in Muslim Mindanao, an interesting site of potential change and reform at this point. As soon as the Aquino Administration took its reign in 2010, President Benigno S. Aquino III declared that he would pursue peace and reform in the ARMM. The SoLD ARMM comes at an opportune time for societal change and reform in one of the most volatile regions of the country. The citizen-led SoLD ARMM assesses the extent to which democracy functions in the ARMM by examining local institutions and processes and the role of citizens and citizen groups in a democracy. The SoLD ARMM adopts the framework of International IDEA on citizen-led democracy assessment and focuses on the pillars of democracy, such as representation and participation. Each pillar is assessed using criteria questions that help form an analysis on the quality of democracy. Just like previous citizen-led assessments done by the Philippine team, the SoLD recognizes that citizens of this country and experts on the ARMM are key resources in playing out a citizen-led assessment. The citizens are the experts on the SoLD. The assessment uses data that are generated from a combination of approaches, such as citizens engaged through focus group discussions, round table meetings, surveys, documentary review and iii analysis, and a validation by key people involved in and knowledgeable on the state of democracy in the ARMM. The assessment hopes that the SoLD ARMM contributes to an enlightened discussion and societal reform in the midst of an ongoing pursuit for peace talks and development in the region. Moreover, the SoLD ARMM aims to serve as a continuing piece of discourse on national- subnational relations, on local governance in the southern part of the Philippines, and on the challenges of democracy in a Muslim-dominated society. The Philippine assessment team and the citizens led by the University of the Philippines National College of Public Administration and Governance (UP-NCPAG) and the Philippine Center for Islam and Democracy (PCID) thank International IDEA and the Australian Aid for their support and assistance in this undertaking. Edna Estifania A. Co University of the Philippines National College of Public Administration and Governance Philippine Democracy Assessment Team iv Foreword Citizen participation is the bedrock of democracy. International IDEA’s approach towards democracy is founded on the principles of popular control over public decision making and equality between citizens in the exercise of that control. In order for processes of democratic decision making to have sufficient quality, decision makers need knowledge of the interests of the people. Apart from expressing those interests through casting a ballot, there are many ways in which citizens can make their preferences known: volunteering, demonstrating, mobilising cause-oriented groups, engaging in public dialogues, and making use of social media to express their views. There are also systematic ways of capturing citizens’ views of democracy. International IDEA’s State of Democracy assessment methodology is one – and it is fundamentally democratic in its approach; it leaves it to citizens of a country or a community themselves to judge the quality of their own democracy. Unlike external, “tick-the-box” assessments of democracy, the assessment framework is designed to be inclusive and, importantly, to contribute to the process of democratic change through enabling citizens to draw up and put forward practical reform agendas. This citizen-led assessment of the quality of democracy in the Autonomous Region in Muslim Mindanao (ARMM) in the Philippines is a testament to how democracy can indeed be locally owned and how citizens, given the opportunity, can be highly engaged and participative in democratic dialogues. The Philippines has always been recognised as the first democratic country in Asia and for its transition to democracy after dictatorship, which has provided inspiration to other parts of Asia. Like other democracies, the Philippines still has its challenges, not least in the Autonomous Region in Muslim Mindanao. This democracy v assessment conducted by the University of the Philippines National College of Public Administration and Governance (UP-NCPAG) and the Philippine Center for Islam and Democracy (PCID) brings into the debate the citizens’ take on a wide range of issues, including transparency and accountability, local governance, social and economic development, and electoral reforms. This comes at an opportune time following the 2012 Bangsamoro Framework Agreement reached between the Philippine government and the Moro Islamic Liberation Front, which is the new reference for furthering peace and development in the Moro region. Peace, much like democracy, needs to be built and consolidated over time and with popular ownership. The challenges identified by Moro citizens in this democracy assessment can be a helpful basis for necessary, ongoing dialogue on the policies that the new Bangsamoro entity should pursue in order to build sustainable peace, democracy, and development in Mindanao. Vidar Helgesen Secretary General International IDEA vi Contents Preface iii Foreword v Acronyms and abbreviations viii Chapter 1 Introduction 1 Chapter 2 The Region in Context 11 Chapter 3 Representative Democracy 97 Chapter 4 Participatory Democracy 145 Chapter 5 The Prospect of Democracy in the ARMM: 207 Summary and Recommendations Annexes List of Key Informants 224 Key Informants Interviewed in Manila 228 Focus Group Discussion Participants 229 Index 235 vii Acronyms and Abbreviations ADB Asian Development Bank AMORE Alliance for Mindanao Off-Grid Renewable Energy ARG ARMM (or Autonomous) Regional Government ARMM Autonomous Region in Muslim Mindanao BEI Board of Election Inspectors BIR Bureau of Internal Revenue CBCS Consortium of Bangsamoro Civil Society CBO Community-Based Organization CDP Comprehensive Development Plan CLUP Comprehensive Land Use Plan COMELEC Commission on Elections CSO Civil Society Organization DENR Department of Environment and Natural Resources DILG Department of the Interior and Local Government DOH Department of Health DOTC Department of Transportation and Communications DPWH Department of Public Works and Highways DSWD Department of Social Welfare and Development ELA Executive and Legislative Agenda FDP Full Disclosure Policy FGD Focus Group Discussion GRP Government of the Republic of the Philippines HRET House of Representatives Electoral Tribunal IACAT Inter-Agency Council Against Trafficking IDP Internally Displaced Person IP Indigenous People viii IPRA Indigenous People’s Rights Act IRA Internal Revenue Allotment JI Jemaah Islamiyah JICA Japan International Cooperation Agency KBP Kapisanan ng mga Brodkaster ng Pilipinas (Broadcasters’ Association of the Philippines) KI Key Informant KII Key Informant Interview LCE Local Chief Executive LENTE Legal Network for Free Elections LGC Local Government Code LGU Local Government Unit LGSPA Local Governance Support Program for ARMM LSB Local Special Body MBC Municipal Board of Canvassers MILF Moro Islamic Liberation Front MinDA Mindanao Development Authority MinHRac Mindanao Human Rights Action Center MMA Muslim Mindanao Act MNLF Moro National Liberation Front MWG Mindanao Working Group NAMFREL National Citizens’ Movement for Free Elections NCIP National Commission for Indigenous Peoples NCMF National Commission on Muslim Filipinos NSCB National Statistical Coordination Board NSO National Statistics Office OCD Office of Civil Defense ODA Official Development Assistance OIC Organization of Islamic Cooperation
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