More than a year after the Transitional Justice in the Bangsamoro: What’s Next? conference, in the early morning of August 14 in Davao City, forumZFD is once again preparing to host over 60 transitional justice practitioners, community leaders, civil society actors, government key actors and representatives from the security sector. The excitement of the team is palpable as they hand forumZFD’s report on transitional justice of 2014 to the participants arriving at the venue. This year marks 10 years since the report was published, and the opportunity for forumZFD to launch a new publication on the same topic. To symbolize the continuation of the organization’s commitment to transitional justice, the booklet is named after the 2023 conference itself, “Transitional Justice in the Bangsamoro: What’s Next?”. and features articles from Karlos Manlupig, Yasmira Moner, Bai Shaima Baraguir, Rosa C. Castillo, Atty. Cecilia Jimenez-Damary, Kriselle Marie Aquino, Abelardo Moya and Elnathan Ermac.
A slow but necessary progress
Transitional Justice and Reconciliation (TJR) is one of the key components of the Normalization Annex of the Bangsamoro peace agreement. Formalized in 2014, the agreement between the Philippine government and the Moro Islamic Liberation Front ended a decade-old conflict in the Southern Philippines between the Moro secessionist struggle and government forces. While several aspects of the agreement have advanced steadily, TJR remains the slowest-moving component. The complexity of the task - exemplified by historical injustices being committed not only by state actors but also by different armed groups on the ground, the different takes on the timeline of abuse that should be considered and unclarity on territory boundaries - makes it difficult to keep people and agencies committed and engaged in this effort.
Intertwined with a legacy of historical injustices, systemic marginalization, ongoing displacement, constant security concerns, and entrenched socioeconomic inequalities that hinder the attainment of the objectives of TJR, transitional justice is further compounded by cultural sensitivities, transitional governance challenges and the broader dimensions of the peace process. Against this backdrop, the pursuit of transitional justice in the Bangsamoro emerges as indispensable endeavor.
Timuay Leticio Datuwata, Supreme Chieftain of the Timuay Justice and Governance, an indigenous peoples group in the Bangsamoro, browses through the launch program.
forumZFD’s new report on transitional justice in the Bangsamoro aims to keep the momentum generated by its 2023 conference “Transitional Justice in the Bangsamoro: What’s Next?”, which brought together approximately 200 representatives of local and national institutions, transitional justice practitioners, community members and international community, and created a space for exchange on the topic. The new publication reaffirms the pivotal role of civil society in shaping discourse and inspiring meaningful transitional justice initiatives in the Bangsamoro, while also commemorating the strides and challenges encountered in transitional justice over the past decade, and offering renewed insights and forward-looking recommendations.
The publication aims at advancing voices of the communities that are most affected by historical injustices, starting with a powerful interview with survivors of the Manili Massacre. In her keynote speech during the launch, Mambai Sapalon shared the ongoing pain felt by the families of those who perished: “The story continues to be passed down to future generations, repeatedly highlighting the lack of justice for our loved ones. What does justice mean to us in Manili? Has anyone ever asked what kind of justice we want to achieve?”
The lingering pain of the past
Karlos Manlupig, journalist and director of Balay Mindanaw Foundation, conducted interviews with Manili survivors for the publication and spoke poignantly at the launch about his observations of the youth in Manili. “The youth of Manili are full of hope, but when we talked about their parents’ experiences, I could see the pain in their eyes. They may say, ‘we’re happy with the peace process,’ but the nightmares of the past remain alive in their hearts.”
Trauma is a burden that is passed down from generation to generation, shaping communities of survivors in ways that extend beyond the acts of violence perpetrated against them. Transitional justice, with its Dealing with the Past framework, is intended to address this dimension. However, in the context of Bangsamoro, the ongoing marginalization of survivors' communities, along with political tensions, makes it difficult for the past to become a source of hope.
Karlos Manlupig, one of the authors of the publication, exchanges reflections with a participant.
Rugaya Sondalo, a survivor of the Malisbong Massacre, also addressed the gathering with a deeply moving plea for justice: “How many more events do we need to attend just to be noticed and receive help? How many more years must we wait for justice? We are growing tired; some of us survivors are elderly and can no longer travel. Many of us have already passed away. But despite the hardships, we will not give up in our search for justice.”
The words of Rugaya Sondalo highlighted one of the most challenging aspects of transitional justice: the emotional toll of repeated interviews with survivors, who are often asked to relive painful memories. During a group discussion, community members addressed this issue and recommended that survivors’ stories should be compiled and archived in a way that allows them to share their experiences without continually returning to the traumatic events of the past.
This underscores the critical need for transitional justice efforts to bringing both healing and accountability at the forefront, and further accentuate thoughtful measures of meaningful engagement in the pursuit of justice.
Comprehensive approaches and community-led solutions to transitional justice
Atty. Cecilia Jimenez-Damary, Human Rights and International Humanitarian Law expert, underscored the importance of a comprehensive understanding of who is considered as victim in transitional justice. She emphasized that victims are not only those directly affected by violence but also the broader communities that have suffered indirectly. In particular, she pointed out that Indigenous Peoples in the Bangsamoro have largely been overlooked in the transitional justice process and their inclusion must be a priority.
Bai Shaima Baraguir, independent scholar and peace practitioner, further stressed the need for a contextualized approach to transitional justice in the Bangsamoro. She argued that the policy recommendations within the transitional justice framework must resonate with the lived experiences of the people it aims to serve.
Experience in other countries, including forumZFD program countries such as Lebanon or the Western Balkan region, shows that the process of transitional justice must be deeply rooted in the specific context of the affected communities. This is particularly crucial in diverse and complex regions such as the Bangsamoro, where local histories, identities, and power dynamics shape the ways in which justice should be pursued. A deep understanding of what kind of justice affected communities need and want and how they want to participate in transitional justice conversations and initiatives should be at the start of any transitional justice engagement.
Survivors of the Manili and Malisbong massacres and members of affected communities discuss possible participatory processes in TJ implementation.
In the group discussions, participants proposed a community-led approach to transitional justice, one that entails community-led needs assessments and mechanisms for survivors and their communities to provide feedback on the implementation of transitional justice processes. This would allow for greater inclusion, participation, and ownership, ensuring that transitional justice processes truly reflect the needs and aspirations of those most affected by conflict.
The long road ahead
Addressing historical injustices is not a task that can be completed in a few years, or even a decade. Therefore, transitional justice cannot be a one-time project but should be a long-term commitment. The efforts of forumZFD, exemplified by this publication and its ongoing dialogues, are part of a broader push to create lasting and meaningful steps toward justice and reconciliation.
In a closing reflection, Major Manda of the Armed Forces of the Philippines spoke of the importance of understanding the grievances of affected communities. “The experiences and grievances of our communities are crucial for the security sector to understand. We need to reflect on our past actions, learn from them, and work together to prevent future mistakes. Acknowledging and addressing these past issues is vital for the progress of transitional justice.”
This spirit of self-reflection and mutual understanding offers a glimmer of hope for the future of transitional justice in the Bangsamoro. It is a reminder that the journey toward healing and reconciliation is ongoing and requires the collective efforts of all sectors of society. As the conversation continues, the shared commitment to confronting historical injustices gives hope that justice and peace in the Bangsamoro are indeed possible—and that “what’s next” is a future where these issues are addressed with sincerity and resolve.