Empowerment and Protection - Stories of Human Security Oct. 2014 | Page 112

The conflict in Mindanao is partially a nested set of
disputes about governance systems, including justice
mechanisms, leadership representation, and forms
of administrative government. While the conflict
between the armed Moro Islamic Liberation Front
(MILF) and the Philippine government has been
the focus of international peacebuilding efforts, the
perspectives shared by indigenous peoples (IPs)
reveal a less visible side of the conflict. Rule of law
as understood from a liberal, statist perspective is
a system that is distinct from and often in conflict
with the traditional governance structures of IP
communities, which pre-date the Philippine state.
As one IP leader notes: “The government has used
its legal platform and authority to reduce and even
remove the presence of our tribes.” IP leaders talk
about their communities’ preferences for traditional
governance systems that are based on longstanding
traditions, leadership lineages, and tribal values and
customs.

Rule of law can undermine
cultural integrity and the
freedom to dignity or
community security if imposed
on traditional cultures. But if
it is used to protect traditional
values and governance
structures, it has the potential
to be a source of human
security.
IPs characterise the state as a negligent or
destructive force that encroaches on their land and
endangers community members. The Philippine
government has not adequately acknowledged
tribal leadership, but instead appoints its own IP
representatives who are not seen by IPs as authentic
or legitimate. Lack of authentic representation in
the Philippine state has increased the vulnerability
112 stories of Human Security | the Citizen-State Relationship

level. Political polarisation has negatively influenced
traditional sources of community governance.

of IPs and is a threat to their cultural identity and
dignity. IP leaders have sought to engage the legal
process through the Indigenous People’s Rights Act
(IPRA) of 1997, as a way to balance preservation of
their own governance structures within the rule of
law. While IPs seek representation in the state, they
uniquely request state recognition and inclusion
of their own distinct governance structures and
traditional territorial rights.

For indigenous cultures, the role of the state is
complex. The state may carry the legacy of colonial
era practices and social divisions that continue
historic repression or marginalisation of indigenous
groups. A lack of indigenous influence on state
behaviour or the co-optation of traditional leaders
can leave traditional communities vulnerable to
state violence and exploitation from commercial
actors. Rule of law can undermine cultural integrity
and the freedom to dignity or community security
if imposed on traditional cultures. But if it is used to
protect traditional values and governance structures,
it has the potential to be a source of human
security.

By contrast, the Moros have achieved fuller
governance autonomy through the 2014
Comprehensive Agreement on Bangsamoro, and
expect to develop their own culturally derived
systems of governance. While the Moros have
gained greater cultural representation through the
peace process, the security of IPs in the same region
is less assured. IP leaders fear that IPRA will not
be implemented under Moro governance. Both
communities seek culturally congruent systems of
governance, and express the need for the Philippine
state to enforce the implementation of laws that
preserve order and grant greater cultural autonomy
and protection.

Insecurity is
heightened for a
population when
they lack a state that
legally or functionally
represents them.

In Zimbabwe, ancestral leadership structures
continue to play a significant role in rural life.
Traditional courts take community violence cases,
dispensing justice in a way that is meant to build
and repair social relationships rather than punish
offenders. The chiefs and village heads respond to
community grievances such as domestic violence,
lack of access to healthcare, food insecurity, and
health concerns. Violent conflict in the recent
past has left a legacy that traditional leaders must
address: “The tension between the [Shona and
the Ndebele tribes] has been very intense with
[the Shona] continuing to vie for supremacy in
their spaces of influence.” Security in traditional
communities is at risk from political conflicts
that trace their roots back to the colonial era and
Zimbabwe’s war of independence.

Without a state:
the Occupied Palestinian Territory
Insecurity is heightened for a population when
they lack a state that legally or functionally
represents them. Extended military occupationb of
Palestinian territories has meant that generations of
Palestinians have lived without state representation
or protection. Instead, Palestinians in the West
Bank and Gaza are governed by Israeli military
law, with some local governance provided by the
Palestinian Authority and Hamas respectively, while
Palestinians living in East Jerusalemc are ‘permanent

Traditional leaders have histori