Strengthening ARMM Elections

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    Strengthening ARMM Elections toPromote Peace

    By Abhoud Syed M. LinggaThe ARMM in Transition Series brings together

    academics and leaders in the Autonomous region in

    Muslim Mindanao to a discussion and analysis of

    critical issues that shape the future of the autonomous

    region. Views expressed in this paper do not

    necessarily reflect those of the Institute for Autonomy

    and Governance, Inc. and the Konrad- Adenauer-

    Stiftung.

    This paper Strengthening ARMM Elections

    to Promote Peace addresses the following questions:

    What lessons can be drawn from the recent electionsin the ARMM? What role do regional political parties

    play in these elections? What can be done to make

    elections an instrument for greater democratization and

    peace in the region?

    This paper is written by Prof. Abhoud Syed

    M. Lingga, Executive Director of the Institute for

    Bangsamoro Studies in Cotabato City. Lay-out by

    Grace Delos Reyes-Talamillo.

    This series is made possible through the grant of

    the Konrad-Adenauer Stiftung. KAS is in 3rd

    floor,ALPAP I building, 140 Leviste Street, Salcedo Village,

    Makati City, Metro Manila, Philippines, telephone 894-

    3501.

    Established in 2001, the Institute for Autonomy

    and Governance, Inc., seeks to provide research,

    training and technical assistance to promote

    meaningful autonomy and governance in the southern

    Philippines. The Institute is at the Alumni Center, Notre

    Dame University, Notre Dame Avenue, Cotabato City,

    Philippines, telephone 0918-5040-805.

    No. 5 September 20, 2005

    ARMMARMMARMMARMMARMM in Transition Series

    INSTITUTE FOR AUTONOMY AND GOVERNANCE KONRAD ADENAUER-STIFTUNG

    ALUMNI CENTER, NOTRE DAME UNIVERSITY, COTABATO CITY

    Introduction

    The 1987 constitution of the Philippines provides for the

    establishment of autonomous regions in Muslim Mindanao and the

    Cordillera. With this constitutional mandate the Philippine Government

    created the Autonomous Region in Muslim Mindanao (ARMM) as its

    own approach of complying with the 1976 Tripoli Agreement between

    the Government and the Moro National Liberation Front (MNLF)

    which provide for establishment of autonomy for the Muslims in South

    Philippines within the sovereignty and territorial integrity of the

    Philippines. The Philippine Congress passed in 1989 Republic Act No

    6734, the law governing the creation and operations of the ARMM

    In a plebiscite conducted on November 19, 1989, four out of thethirteen provinces proposed in the 1976 Tripoli Agreement voted to

    constitute the autonomous region. After the conclusion of the

    negotiations between the Government and the MNLF in 1996

    amendments were introduced in the ARMM Organic Act to

    accommodate provisions of the GRP-MNLF final agreement. Republic

    Act No. 9054, the new ARMM organic act, became a law on March

    13, 2001. In the plebiscite held on August 14, 2002, one province and

    one city joined the autonomous region.

    At present the ARMM is composed of five provinces and one

    city. One hundred municipalities and 2,459 barangays (villages)

    constitute the area of autonomy. It has a population of 2,873,232 and

    89.17 percent are Muslims. The autonomous region is the poorest in

    the whole Philippines. Poverty incidence of families in 2003 was 45.7

    percent compared with the national figure of 24.7 percent, and poverty

    incidence of population was 53.1 percent in the ARMM and 30.4

    percent for the whole country.

    There are 1,057,458 registered voters in the autonomous region

    which is 2.43 percent of the total number of voters in the whole country

    CONTENTS

    General Observation

    Election Management and

    Administration

    Political Parties

    Civil Society

    Conclusion and Recommendations

    2

    3

    3

    4

    5

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    The Commission on Elections (COMELEC) established 7,784 election precincts in

    the five component provinces and one city.

    Number of Precincts and Registered Voters

    Autonomous Region in Muslim Mindanao

    As of April 28, 2004

    Province Number of Precincts Registered VotersARMM 7,784 1,057,458

    Basilan* 711 117,467Maguindanao** 2,475 334,287Lanao del Sur 2,010 275,572Sulu 1,884 209,677Tawi-Tawi 704 120,455

    *Excluding the City of Isabela**Excluding the City of Cotabato

    Source:Comm ission on Elections

    Since its creation, five elections were held in the ARMM to elect the Regiona

    Governor, Regional Vice-Governor and members of the Regional Legislative Assembly

    (RLA) composed of three members from each district. Three elections were held

    under the old organic law and two under the new organic act.

    ARMM ElectionsFebruary 12, 1990

    March 25, 1993

    September 9, 1996November 26, 2001

    August 8, 2005

    GENERAL OBSERVATION

    Since its creation the transfer of power in the ARMM had been through the

    ballot box. Although there is growing cynicism regarding the credibility of the election

    process, nonetheless the institutionalization of election is a democratic developmen

    in the autonomous region that has to be recognized. Base on COMELEC figures,there was great number of voters who exercise their right to vote during elections

    Except during the November 26, 2001 elections where the voters turnout was just

    21.99 percent, the voters turnouts during the past four elections were relatively

    high. The voters turnout was 76.44 percent during the September 9, 1996 election

    82.39 percent in the March 25, 1993 election; and 80.09 percent in the February 12

    1990 election. The estimated turnout last August 8, 2005 election was 88.2 percent.

    Although there is

    growing cynicism

    regarding the credibility

    of the election process,

    nonetheless the

    institutionalization ofelection is a democratic

    development in the

    autonomous region that

    has to be recognized.

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    ELECTION MANAGEMENT AND ADMINISTRATION

    Although schedule of election is fixed by law but this has always been

    postponed. Only the first election was held on time. The irregularity of election

    schedules made it difficult for political parties and candidates to plan for

    election activities. Consequently, terms of office of incumbents were extended

    beyond what are provided by law.

    The voters lists in the ARMM are full of multiple registrants. This is admitted

    by the COMELEC but it failed to purge the voters lists of multiple registrants

    and under age registrants. There was also failure on the part of COMELEC

    to inform voters who were reassigned to vote in different precincts resulting

    to disenfranchisement of many voters.

    The failure of the COMELEC to automate the polling, counting and

    transmission of results cast doubt on the election process, despite the efforts

    of the COMELEC last election to centralize the counting of votes. Instead of

    the traditional canvassing done at the precinct levels the votes were counted

    in centers put up in each of the five ARMM provinces. However, there werestill allegations that ballots were filled up before the day of election, and

    many were disenfranchised allegedly because somebody voted using their

    names. Congress is now investigating these charges.

    Vote buying is reported every election but no concrete step done to stop this

    practice. Both the COMELEC and the political parties have not shown any

    effort to put an end to vote buying.

    The peaceful conduct of election last August 8 was a commendable

    achievement of the COMELEC, the police and military. It demonstrated that

    peaceful election is possible, and violence in past elections could have beenavoided if the COMELEC, police and military did their job.

    Although there are democratic institutions like an independent judiciary that

    act as arbiter in election complaints the process of adjudicating election protests

    is slow and costly.

    POLITICAL PARTIES

    There is no regional political party with ARMM population as its focus

    constituency. There are five accredited Muslim political parties that have

    their constituencies both in areas of the ARMM and outside the ARMM.

    The founding presidents of these political parties are: Dr. Mahid M. Mutilan

    (Ompia Party), Ustadz Abdulmalik Laguindab (Ummah Party), Ustadz

    Ebrahim Abdulrahman (Islamic Party of the Philippines), Kamar Mindalano

    (Muslim Reform Party), and Basher Calauto Edris (Peoples Consultative

    Party).

    Like the national political parties these Muslim political parties do not seek

    mass membership only mass support during election.

    Although schedule of

    election is fixed by law

    but this has always been

    postponed. Only the first

    election was held ontime.

    The peaceful conduct

    of election last August 8

    was a commendable

    achievement of the

    COMELEC, the police

    and military. It

    demonstrated that

    peaceful election is

    possible, and violence in

    past elections could

    have been avoided if the

    COMELEC, police and

    military did their job.

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    Muslim Political Parties with Constituencies

    In the Autonomous Region in Muslim Mindanao

    (April 11, 2001)

    Political Party Constituency HeadquartersOMPIA Party Regions IX and XII* Marawi CityMuslim Reform Party Lanao del Sur and Lanao

    del Norte

    Marawi City

    Peoples ConsultativeParty (Mushawara)

    Lanao del Sur, Lanao delNorte, Maguindanao,Basilan, Sulu, Tawi-Tawi,Zamboanga del Sur

    Marawi City

    Ummah Party Lanao del Sur, Lanao delNorte,

    Marawi City and IliganCity

    Islamic Party of thePhilippines

    Island of Mindanao,Basilan, Sulu and Tawi-Tawi

    Sultan Kudarat,Maguindanao

    *Ompia Party was registered before the establishment of the ARMM. At that time the Provinces of

    Maguindanao and Lanao del Sur were part of Region XII, and the Provinces of Basilan, Sulu andTawi-Tawi were parts of Region IX.

    Source: Commission on Elections

    No regional political party won election in the ARMM. All elected regional

    governors were candidates of national political parties in power. Vice Governor

    Mahid M. Mutilan, the running mate of Governor Parouk S. Hussin, won in

    the November 26, 2001 election as Lakas NUCD-UMDP candidate

    Seemingly, being an administration candidate is insurance for victory. This is

    probably the reason why candidates would lobby for Malacaang backing.

    Even in the RLA no regional party had ever captured majority seats.

    Political parties and candidates offered no real platform or positions on issues

    affecting the ARMM as basis of voters in selecting the candidates they would

    vote.

    The MNLF boycott of the last election could have been precluded if the MNLF

    transformed itself into political party after it signed the 1996 peace accord.

    Having strong political party, the MNLF would no longer need Malacaang

    endorsement to win the election, and it can even bring out as election issues

    the alleged failure of the national government to implement fully the 1996peace agreement.

    CIVIL SOCIETY

    Civil society involvement in the election process in the ARMM is weak. In the

    last election; there were NGOs who came out with manifesto for clean and

    honest election; others were engaged in voters education; and few acted as

    watchdogs during voting, counting and canvassing of votes. All these efforts

    were done at the local level with no regional network that coordinates their

    activities.

    Political parties and

    candidates offered no

    real platform or

    positions on issues

    affecting the ARMM as

    basis of voters in

    selecting the candidatesthey would vote.

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    NGOs efforts were usually done little bit too late. For example, the voters

    education training was done in mid June less than two months before the

    August 8 election. For civil society groups to be effective, their advocacy and

    voters education programs should be continuing process.

    The problem of generating active civil society involvement during elections is

    the perception that the ARMM was meant to fail from the beginning coupled

    with the opinion of many that it is not the solution to the Bangsamoro problem.

    The poor performance of the ARMM in addressing issues of good governance,

    delivery of services, corruption and the rule of law for the last fifteen years

    reinforced these perceptions.

    CONCLUSION AND RECOMMENDATIONS

    Credible election is not only necessary for legitimacy of elected officials but

    essential for people to trust and have confidence in the ARMM as political institution.

    The growing cynicism on the electoral process in the autonomous region isnot without basis. And because of this there is need to reform the election process in

    areas of administration and management of election, political parties, and civil society

    involvement the three important pillars to attain credible election process.

    Below are some doable recommendations, if implemented before the 2008 election

    (if it will not be postponed), will contribute to the efforts of achieving strong electoral

    system and credible election in the ARMM.

    Elections in the ARMM should be held on fixed schedule as provided by law.

    The national government should stop the practice of postponing election

    schedule.

    Election of provincial, city and municipal officials of the component provinces

    and city of the ARMM should be synchronized with the election of the regional

    officials.

    The COMELEC should modernize the election process. The use of antiquated

    system of casting, counting, canvassing and reporting of votes provide wide

    range of commission of malfeasance acts that undermine the credibility of the

    electoral process.

    Encourage the organization and strengthening of regional political parties to

    articulate and push for ARMM agenda. Regional political parties with

    constituencies both in and outside ARMM areas cannot focus on the needs

    and aspiration of the people of the ARMM, likewise continuing reliance on

    national political parties will not be very helpful because the national parties

    have to attend to the interests of their larger constituencies.

    Support the organization of regional networks of civil society groups that can

    undertake programs on voters education and serve as watchdog during voting,

    counting, canvassing and reporting of votes.

    The problem of

    generating active civil

    society involvement

    during elections is the

    perception that the

    ARMM was meant to

    fail from the beginning

    coupled with the

    opinion of many that it

    is not the solution to the

    Bangsamoro problem.

    Credibleelection is not only

    necessary for legitimacy

    of elected officials but

    essential for people to

    trust and have

    confidence in the

    ARMM as political

    institution.