GOLD
4. Review rules of procedure in IPRA and Shari’a law and recommend
amendments to the Committee on the Revision of Rules so that the procedural rules reflect cultural sensitivity and gender-sensitivity in handling land- related cases in the BARMM;
5. The Supreme Court through the Court Administrator convene a Committee/
Commission or technical working group to study the effective implementation of the justice mechanisms in the OLBARMM as part of the social justice reform initiative of the Judiciary and to make appropriate recommendations. Fill in the positions of the Office of the Deputy Court Administrator for the BARMM, Shari’a courts in region and nationwide, fill in posts of regular/statutory courts in BARMM).
6. Institutional/ Structural Reforms.
LEGISLATIVE INITIATIVES: The TJR framework cuts across all sectors , Supreme Court through jurisprudence can call for a review and amend our land-related laws that illustrate a dysfunctional and discombobulated land management and administration system and to streamline the process in order to avoid congestion of land-related disputes that enter the justice system. Along this line, the pending NAMRIA Bill (House Bill No. 02753, 25 JULY 2019) and the proposed Land Administration Reform Act (LARA) may be the groundbreaking
laws to streamline the land administration structure. The OLBARRM may be the model for operational coherence in land governance by ensuring multiple land- related agencies and inconsistencies/
conflicts in land-related laws are addressed;
These bills have been certified as URGENT by the President of the Philippines.
Pave the PASSAGE in Congress of House Bill No. 4003 known as “An Act Establishing a Transitional Justice and Reconciliation Program for the Bangsamoro, and Appropriating Funds thereof “and at the regional level, the Bangsamoro Transition Authority adopted Resolution No. 56 and Resolution No. 58 which call for the creation of the TJRC (Transitional Justice and Reconciliation Commission) in the BARMM. A law must also be enacted by the BTA or through the Bangsamoro Parliament in order to create this Commission. (Rallonza, 2020) . These must be given priority.
NOTE: These pending bills must be harmonized if the issue on land dispossession/land marginalization not only in the BARMM but in the entire country is to be cohesively addressed.
Long Term
Institutional and Structural reforms 1. REVIEW the Justice System structure of the OLBARMM and assess on how the formal justice system can incorporate local /customary justice principles within its judicial structure. A sample model of the existing structure and its seeming gaps is hereby illustrated with the proposed restructuring under the TJR framework of infusing customary justice institutions in land governance.
CONCLUSIONS
Transitional justice and reconciliation is still an evolving norm and there is no hard and fast rule on how it is to be incorporated within a country’s governance landscape, especially so when it delves into the highly- charged arena of land tenure rooted on a history of violent conflict. The massive challenges confronting transitional societies with devastating legacies of conflict require more long-term and contextually informed interventions.
Its various models are a response not just to the global context but also to the way that each society adapts transitional justice to address local needs and local expectations. A context-based TJR approach is not simply a process of retrofitting a global model to align with local peculiarities. The relevance of those lessons (from other models) can only be judged by those who understand local
challenges, and local resources and who are empowered to (re)build a new society. It demands creativity to initiate new solutions, problem-solving strategies, participation of all stakeholders and serious negotiations to address competing claims and interests. The Judiciary, being the bastion of justice and in upholding the rule of law, can do its humble in contributing towards a more inclusive, more just, more empathetic governance in the BARMM.
The metamorphosis of a conflict-ridden and poverty-stricken environment into a progressive and peaceful society is not the sole responsibility of the State, national or regional. It is the “collective responsibility”
of the whole of society .Governance needs to be interactive, consultative, participatory, and inclusive. (Buendia, 2019). And the author would amplify, governance needs to be reflexive or resilient.
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