The papers contained in this publication discuss and explore issues of recognition and self-determination, through the examination of traditional dispute settlement mechanisms from communities across the island, and the ways in which they co-exist with modern, non-indigenous practices in the country. Whilst often sidelined and overshadowed by modern systems, these mechanisms are critical for the continuity of traditional judicial practices, and for achieving the acknowledgment and respect necessary for the future of indigenous ways of life.
The four studies seek, through an academic lens, to investigate the use of traditional mechanisms and determine their effectiveness through research and analysis. These papers also aim to gauge and promote deeper understanding of the benefits these mechanisms possess, not only for indigenous people but for the Filipino community at large.
It also stands to showcase the traditional judicial customs of indigenous peoples of Mindanao, for whom the island is a continuing source of pride and identity, and to celebrate the dedication and accomplishment of the authors, who as key peace practitioners in Mindanao have made exciting contributions to peace building efforts in their communities.
Role of Magindanaun Datus in Conflict Resolution, by Abubakar Datumanong, examines the role of traditional forms of justice and dispute resolution through the lens of the Datu in Maguindanao province. This paper aims to promote the inherent value of this conflict resolution method, and to identify the specific perceptions of peace and conflict amongst these respected members of the community in indigenous Mindanaoan communities.
Islamic Conflict Resolution Methods and the Contribution of Shari’ah Courts to Dispute Resolution in Mindanao, by Parido Rahman Pigkaulan, details principles of Islamic conflict resolution and investigates the contribution of Shari’ah Courts to dispute resolution and peace building in Mindanao. The paper examines how Shari’ah Courts play a positive role in peace building initiatives in the Muslim communities of Mindanao by helping to reduce congestion within regular courts.
Dispute Settlement Mechanisms in Maguindanao Province, by Maguid T. Makalingkang, examines four existing dispute settlement mechanisms from Maguindanao province, seeking to determine the most effective and widely used traditional conflict resolution methods in the region. The paper provides insight into how these mechanisms could be incorporated into broader peace building efforts in the Philippines.
Traditional Conflict Resolution Management amongst the T’duray in Upi, by Juwairiya Uka-Lingga, analyzes and documents the dynamics of traditional T’duray conflict resolution in Mindanao, and aims to enhance and promote the understanding of indigenous diversity, custom and tradition in the wider Filipino society. The paper aims to encourage those tasked with managing the peace process to learn from indigenous methods of conflict resolution in the hopes of furthering the chances of peace on the island.
These case studies of traditional dispute settlement mechanisms in Mindanao attest to the contribution of local populations in working towards peaceful societies, and the inherent value of embracing and incorporating indigenous structures and mechanisms into formal practices. They help us to understand and appreciate the benefits of working to conserve unique and ancient customs, and how modern nations that recognize and encourage traditional methods can often mend relations left fractured by the legacies of colonization and oppression.
The publication of this book represents and celebrates the ongoing partnership of two Asian peace building organizations committed to continuing that work; the esteemed Institute for Bangsamoro Studies (IBS), a champion of the field from Cotabato City in Mindanao, and the Cambodia based Centre for Peace and Conflict Studies (CPCS).
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