| Upi,
a third class mountainous municipality with a population of
51,141 as of 2000 survey by the NSO, had seen a lot of blood
shed in the conflict between its three groups of inhabitants—the
majority Teduray Lumads (comprising 44% of the population),
the Maguindanao Muslims (23%), and the Christian settlers
(33%).
The
conflict has many roots, and one is cultural. Among Tidurays,
conflict is settled through their kefeduwan, or council of
elders; among Muslims, through their kokoman, or Muslim council;
and among Christians, through the Katarungang Pambarangay,
or barangay court.
When
the conflict crosses culture or tribe, settlement becomes
difficult. The tribal way of settling conflict does not apply.
In the past, settlement sometimes took Mosaic form—an
eye for an eye, a tooth for a tooth. Enemies, sometimes involving
families, were physically eliminated. Violence induced more
violence. The conflict seemed to never end.
But
the road to progress demands peace. With 65% of Upi’s
population living below the poverty threshold for ages, the
need to promote peace is urgent. Thus, Mayor Ramon A. Piang,
Sr., a Teduray, held a series of consultations with elders
of the different tribes. On August 25, 2001, he issued Executive
Order No. 4 creating the Mayor’s Council and, thus,
started the program called “Tri-People Way of Conflict
Resolution.”
The
council’s primary function is to amicably settle cases
arising among Upi residents, or between Upi residents and
outside parties. It has prepared a set of rules and procedures
for settlement. For equal representation, the council is composed
of six representatives, two from each inhabitant group. The
representatives are respected in their communities and are
chosen by the people through a consensus. This ensures that
the decision taken by the council will be recognized and respected.
The
program is designed in such a way that the traditional methods
of resolving conflict are still used, including the awarding
of damages. If the conflicting parties are both Tedurays,
the case is resolved before the kefeduwan, and if both Muslims,
before the kokoman. If the case is cross tribal, the Mayor’s
Council sits en banc. Unresolved cases are endorsed to the
police authorities for proper filing. The program incorporates
the old customs of sealing a resolution or an agreement, such
as cutting of rattan and scrapping of fingernails among Tedurays.
The
Katarungang Pambarangay was strengthened since the Mayor’s
Council would not hear or settle cases unless they passed
through the barangay court. Barangay officials, or the lupon
tagapamayapa, hear the cases first. Only unresolved cases
are elevated to the Mayor’s Council, with accompanying
written endorsement.
Since 2001, the Mayor’s Council had heard 20 cases,
of which 17 were resolved and 3 were endorsed to the police.
The cases involved acts of lasciviousness, attempted rape,
marriage problems, deaths due to accident or murder, gun toting
and firing, family feuds, quarrels, land conflict, stabbing
and physical injury, and commodity or trading problems. It
also reduced cases filed with the police by 35%.
Overall,
the program has provided a conflict resolution structure that
is affordable to the marginalized sector that seeks justice.
It has also helped to improve harmony among tri-people residents
and to avoid the rigors and prohibitive costs of court litigations.
The
program is sustained as an executive agenda of the office
of the mayor. It is approved by the sangguniang bayan, or
municipal council. An NGO, the Saligan Mindanao, has helped
codify the Tedurays’ “Adat” (customary laws
and traditions) and “Tegudon” (penal code) for
consistency in deciding on Teduray cases.
The
program has attracted notice from various groups and institutions.
It has been mentioned in a book on people’s participation
in governance prepared by the Philippines-Canada Local Government
Support Program. In a Community-Oriented Policing System seminar
in Davao City, it has been suggested for replication in other
municipalities of Maguindanao.
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