BARMM law to protect internally displaced persons comes into effect
06 December 2024
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The over 92,000 internally displaced in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) can expect more comprehensive government support to address their basic needs and access to services, livelihoods and settlement solutions as a result of a new law, a first-of-its kind in the country thanks to the work and commitment of BARMM legislators, supported by the United Nations.
Bangsamoro Autonomy Act No. 62 or the Rights of Internally Displaced Persons of the Bangsamoro Autonomous Region Act of 2024 came into effect on 4 December after being signed into law by BARMM Chief Minister Ahod Ebrahim in November.
“The United Nations in the Philippines commends the BARMM Parliament for passing this critical legislation that protects the rights of people who have been forced to flee their homes by conflict or disaster and provides pathways for the development of durable solutions to their displacement,” said United Nations Philippines Resident Coordinator Gustavo González.
Amid the ongoing implementation of the peace process, the passage of the BARMM IDP Law represents a significant victory for communities in the region that have been protractedly displaced by past conflicts, as well as those who are continually and cyclically displaced—either by extreme weather events, by violent clan and land disputes, or by clashes between the security sector and armed groups that did not sign up to the 2014 peace agreement.
Among the salient features of this law are measures to prevent displacement, identification and institutionalization of IDPs’ rights during and post-displacement, and provisions for voluntary return, local integration, or resettlement, as well as IDPs’ participation in the development of early recovery and rehabilitation plans in conflict-affected areas.
The law creates the Bangsamoro Internal Displacement Coordinating Council (BIDCC) and the Bangsamoro Internal Displacement Program within the Ministry of Social Services and Development for better coordination and management of government support for IDPs.
The United Nations has been strongly advocating for the passage of this law at both the regional and national levels to safeguard the rights of displaced populations and forge pathways towards long-term solutions to protracted and cyclical displacement, most often caused by armed conflict, disputes over land, and unchecked extraction of natural resources in the region.
The development of the law was supported by the UN, including with funding from the UN Peacebuilding Fund. UNHCR, the UN Refugee Agency, has provided technical draft legislation for the protection of IDP rights. UNHCR provided capacity for parliamentarians and legislative staff on displacement and IDP rights, as well as consultations that directly informed and enhanced the IDP Law. UNHCR also supported development of 16 municipal-level ordinances on IDP protection.
UN Joint Programmes with the participation of the United Nations Development Programme (UNDP), the International Organization for Migration (IOM), as well as UNHCR, have supported the Bangsamoro peace process and critical peacebuilding initiatives over the years by providing technical support to mediators, empowering conflict-affected communities and capacitating regional and local governments as well as civil society.
The ongoing Joint Programme for the Sustainable and Empowering Displacement Solutions for Peace (SEEDS for Peace) helps address the causes and impacts of conflict-induced displacement by strengthening governance processes and systems, improving IDPs’ access to rights and services, boosting socio-economic inclusion and creating safe and voluntary pathways to resolve situations of displacement – all of which bolster the legal safeguards for IDP rights now enshrined in the newly enacted law.
“In the wake of this legislative victory for IDP rights, the United Nations urges national authorities to prioritize the passage of a national IDP bill—a version of which has already been passed on third and final reading in the House of Representatives,” said Mr. González. Various versions of the bill are under deliberation in the Senate.
To complement these laws for the protection of IDPs, the United Nations continues to advocate for the passage of an Indigenous Peoples (IP) Code in the BARMM. This would address the concerns of non-Moro IPs, particularly on issues of ancestral domain, which are the territories and resources historically and culturally tied to indigenous groups. Disputes over these lands are a root cause of conflict and displacement in the region.
“The United Nations reiterates our commitment to supporting the continuing implementation of the peace process in the region by helping address pervasive issues, such as internal displacement, land disputes involving ancestral domain, and other emerging concerns, particularly those of the region’s indigenous peoples,” Mr. González said. (end)
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