Indigenous Peoples in the ARMM: Option for an Autonomy w/n the Autonomy

ROUND TABLE DISCUSSION (RTD)ROUND TABLE DISCUSSION (RTD)

Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Indigenous Peoples’ Position on the Framework Agreement on Framework Agreement on BangsamoroBangsamoro

Option for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the AutonomyOption for an Autonomy w/n the Autonomy

By: By: AlimAlim BandaraBandaraMarch 5, 2013March 5, 2013

IAG Conference Hall, UMEX Bldg.,IAG Conference Hall, UMEX Bldg.,NDU, NDU, CotabatoCotabato CityCity

PRESENTATION OUTLINE

Introduction

I. On Territory - Pre-colonial settlements- The Moro Province - Municipalities/City and the ARMM- Unified CADT Application (Teduray, Lambangian & Dulangan- Unified CADT Application (Teduray, Lambangian & DulanganManobo in ARMM)

II. IP Participation in the Peace Process: GPH-MILF Peace Negotiations

III. IP-ARMM Position on FAB: BMAG

IV. IP Development Framework

Lumad Tribes (50+)

2000 Census

Introduction

Map: courtesy of Prof. R. Rodil

Téduray,

IPs in the ARMM

Téduray,Lambangian &Dulangan Manobo

Blaan

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN

DATU ODIN SINSUAT (DINAIG)

DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN

SHARIFF AGUAK (MAGANOY)SULTAN SA BARONGIS (LAMBAYONG)

SULTAN KUDARAT (NULING)

PIKIT

M'LANG

MIDSAYAP MATALAMKABACAN

TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

On Territory

AMPATUAN

BULUAN

DATU PAGLAS

DATU ABDULLAH SANGKI

LAKE BULUANLEBAK

ISULAN

KALAMANSIG BAGUMBAYAN

ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG

BANGASEN. NINOY AQUINO

SANTO NIÑO

LAMBAYONG (MARIANO MARCOS)

COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

Traditional territory: TLDM

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

Tawan-Tawan & Slongon settlements

under Bandara

Balalan settlementunder Galaan

Kibleg settlementunder Lagey Duloyon

Banubo

Kauran settlementunder Datu Dulangan

Erumanen ne Menuvu

Tran settlementAMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

Tradirional Settlements

under Datu Dulangan

Dulangan Manobo Blaan

Tran settlementunder Diwan

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN


Balalan settlement

Kibleg settlement

Banubo

Kauran settlement

Mamalu-Tabunaway Pactat Katuli (Cotabato City)

Erumanen ne Menuvu

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

Mamalu-Tabunaway Pact


Tran settlement

S. ng Maguindanao(Saleeby) (1900)


Sult. of Maguindanao-Sultan Kudarat (1645)

Sultanato ng Maguindanao (1618-1671) Majul

Sultanato ng Maguindanao (1700)Sultanato ng Sulu

MISAMIS

SURIGAO

AGUSAN

MINDANAO-SULU 1903-1913

SPECIAL: Moro; Agusan

REGULAR: Misamis; Surigao

MORO PROVINCE


UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN


Balalan settlement

Kibleg settlement

Banubo

Firis settlementMow I

DINAIG Erumanen ne Menuvu

MIDSAYAP

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH



LEBAK

1920-1950: Overlay w/ Municipalities- 1920: Cotabato town under the Moro Prov. - 1947: Dinaig

Taboli

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DINAIG


Balalan settlement

Kibleg settlement

Kauran settlement

Banubo

Erumanen ne Menuvu

MIDSAYAP

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH



LEBAK

1950-1960: Overlay w/ new Municipalities & a City 1955 – Upi1959 – Chartered City: Cotabato1959 –Ampatuan

Taboli

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANGTALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DINAIG / DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

DBS


Balalan settlement

Upi settlement

Banubo

Erumanen ne Menuvu

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

DAS

S Aguak

Kauran settlementTran settlement

Dulangan Manobo

Blaan

1960 – 2009: overlay w/ new municipalitiesDatu Unsay, Datu Saudi, Datu Sangki and Datu Blah Sinsuat municipalities

Taboli

MAGUINDANAOTEDURAY, LAMBANGIAN & DULANGAN MANOBO

Location Map

TEDURAY, LAMBANGIAN AND DULANGAN MANOBO ANCESTRAL DOMAIN CLAIMS (TLADMADC) with an estimated area of 201,850 in

portions of Maguindanao only

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

DBS

201,850 has

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

Overlay w/ TLADMADC claim in 2005

DAS

S Aguak

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

6 ID

UAS 1,000 has

Dohon Watershed1,894 has

DBS

Dimapatoy Watershed 3,765 has

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

TLADMADC overlay w/ Gov’t Reservations

DAS

S Aguak

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

6 ID

UAS1,000 has


IFMA 00416,031.75 has

DBS

Dimapatoy Watershed3,765 has

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

TLADMADC area Overlay w/ IFMA - 1997

DAS

S Aguak

CONSUNJI

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

6 ID

UAS1,000 has


IFMA 005

IFMA 00416,031.75 has

DBS

Dimapatoy Watershed3,765 has

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

TLADMADC Overlay w/ IFMA - 1998

DAS

S AguakIFMA 0055,500 has

CONSUNJI

UPI

SOUTH UPI

TALAYAN

GEN. S. K. PENDATUN


DATU PIANG

TALITAY

PAGAGAWAN

DATU UNSAY

MAMASAPANO

PAGALUNGAN

KABUNTALAN (TUMBAO)

RAJAH BUAYAN

DATU SAUDI-AMPATUAN



PIKIT

M'LANG


TULUNAN

ALEOSAN

CARMENCOTABATO CITY

PIGKAWAYAN

ANTIPAS

CITY OF KIDAPAWAN

DOS

Guindulungan

Unsay

Saudi

S AguakD Hoffer

6 ID

UAS 1,000 has


IFMA 005

IFMA 0146,545 has

IFMA 00416,031.75 hasIFMA 010

10,000 has

DBS

Dimapatoy Water shed3,765 has

AMPATUAN

BULUAN

DATU PAGLAS


LAKE BULUANLEBAK

ISULAN


ESPERANZA

NORALA

TULUNAN

TANTANGANLUTAYAN

KORONADAL

TACURONG


SANTO NIÑO


COLUMBIO

PRESIDENT QUIRINO

TAMPAKANSURALLAH

TLADMADC overlay w/ IFMA - 2004

DAS

S AguakIFMA 0055,500 has

CONSUNJI

Higaonon

Erumanénné MenuvuTéduray,

DIRECTLY AFFECTED IPs

né MenuvuTéduray,Lambangian &Dulangan Manobo

Blaan

CORE/ARMM AREA: 2005 - 2010

1. ON ANCESTRAL DOMAIN

That our Ancestral Domain claim shall be delineated

pursuant to the present and future appropriate laws that

may be applicable. For the moment, the tribes had laid

claim to our ancestral domains covering an estimated landclaim to our ancestral domains covering an estimated land

area of *289,268 hectares comprising the municipalities of

Upi, South Upi, Ampatuan, Sharif Aguak, Datu Unsay, Datu

Saudi, Guindulungan, Talayan and DOS in Maguindanao

Province and portions of Esperanza, Lebak, Bagumbayan,

Sen. Ninoy Aquino, Kalamansig and Palembang in Sultan

Kudarat Province and the city of Cotabato where the tribes

are predominantly situated;

2. ON POLITICAL TERRITORY

Consistent with our principle of peaceful co-existence, we

recognize and support a broader territory for the

Bangsamoro people as a nation for the sake of genuine

and lasting peace and development in Mindanao provided

that the Bangsamoro shall recognize the Teduray,

Lambanggian and Dulangan Manobo territory within theLambanggian and Dulangan Manobo territory within the

Bangsamoro nation. Furthermore, we reiterate that it is also

the desire of the tribes stated above to be at liberty to

practice and promote their cultural identity by way of actual

implementation of tribal and customary laws through the

Timuay Justice and Governance within their identified

territory.

3. ON RESOURCES

The rights of the IPs (Teduray, Lambangian and Dulangan

Manobo) in matters of exploitation of natural resources that

may be found within their ancestral domain areas shall bemay be found within their ancestral domain areas shall be

upheld and respected. The tribe shall have priority right in the

utilization and management of all numeral resources to

include strategic minerals and forestry resources;

4. ON GOVERNANCE

As earlier stated, the tribe shall conform to any type or form of governancethat maybe agreed upon and mutually adopted, hence it is also the desireof the tribe to have equal opportunities and representation in all levels ofgovernance, side by side with their Muslim brothers. Provided, that in theterritory identified to the Teduray, Lambangian and Dulangan Manobotribes, their right to rule and govern must be pursued, implemented,recognized and respected vis-à-vis their traditional and customary laws inrecognized and respected vis-à-vis their traditional and customary laws in

a formform ofof aa genuinegenuine autonomyautonomy withinwithin thethe BangsamoroBangsamoronationnation. In the case of a federal state, our tribal based self-governance shall converge with other tribal based self-governance outside the ARMM to form a single state to beconsidered in the federal or union of states. Annexed below

are our tribal customary laws such as Ukit and Tegudon and the programof governance of the Timuay Justice and Governance.

CONCLUSION:

We fully recognize and respect the existence of our

Maguindanaon brothers and sisters in their own identified

territory and those that are lawfully resettled in our own

communities. On this basis, we RE-AFFIRM our commitment

to the Mamalu-Tabunaway Pact and formulate guidelines on

settling modern conflicts between the IPs and oursettling modern conflicts between the IPs and our

Maguindanaon brothers not only in our area cluster but

throughout Mindanao. Furthermore, we express ourcommitment to support the peace process until its finalconclusion. This position paper is an expression of our

active participation on the ground level to be considered in

the process of the negotiation. Consideration of the issues

raised above is a step forward towards genuine peace and

development.

Signed by IPOs, LGU reps and IPS

IPOs LGUs IPS1. OTLAC - 2005/’06/2010 1. Brgy Council – 2010 2. TLADMADC - 2006 2. Mayor’s Council – 2010 3. TLWO – 2006/20104. MTO – 2006 1. TJG - 20085. TLYSA – 2006/2009 2. Kèuwit Kitab - 20126. KILAKEN-TADCO – 2006 7. ATBCI – 2006 8. GUYUDAN – 2006 8. GUYUDAN – 2006 9. FAGUMFUNGON – 2006 10. MDADCO – 2006 11. MDO – 2006 12.TC – 2010 13.TELMAP – 2006 14.TBOA - 2006 15. STEMADCO – 2006 16. COTLACOM – 2009

IP POSITIONS

IP outside of the ARMM:

IP-ARMM:

- ANCESTRAL DOMAIN- POLITICAL TERRITORY- RESOURCES- GOVERNANCEConfidence Building in the

CORE AREA

Response from GPH in a meeting w/ IP leaders and OPAPP at

Cagayan de Oro City (w/ Hon. Mayor Ramon A. Piang, Sr – GPH)

THE IP PEACE AGENDA WERE NOT INCLUDED IN THE THE IP PEACE AGENDA WERE NOT INCLUDED IN THE

CONSENSUS POINT AGENDA OF THE GPH AND MILF.CONSENSUS POINT AGENDA OF THE GPH AND MILF.

Results:

- MOA-AD of 2008 – no provision for IPs except the freedom of

choice (yes or no answer only)

- Decision Points Agreement of April 2012 – no provision for

IPs.

= this triggered series of meetings w/ the GPH and MILF

TEN DECISION POINTS ON PRINCIPLES, 2012

Meeting w/ Hon. Miriam Coronel-Ferrer, May 3, 2012- Presentation of IPS- Engage IPS through their mandated Special Body- IP Panel member identified by the IPS

Meeting w/ GPH and MILF Panels, Davao CityMay 18, 2012

Include in the ten decision points on principles theMay 18, 2012

Include in the ten decision points on principles theRECOGNITION OF THE DISTINCT IDENTITY & RIGHTS OF

INDIGENOUS PEOPLES

Submission of the Outlined IP-ARMM Peace Agenda tothe GPH Panel Chairman Hon. Atty. Marvic Leonen,

May 21, 2012

Central Issue: after the ten decision points agreement

RECOGNITION BY THE GOVERNMENT OF THE PHILIPPINESAND MORO ISLAMIC LIBERATION FRONT (GPH-MILF)PEACE PANELS OF THE INDIGENOUS PEOPLES (IPs) ASDISTINCT PEOPLES TO THE BANGSAMORO IS ADISTINCT PEOPLES TO THE BANGSAMORO IS ANECESSARY PRECONDITION TO A MEANINGFULAND REALISTIC PARTICIPATION OF THE IPs IN THEAUTONOMOUS REGION IN MUSLIM MINDANAO(ARMM), PRIMARILY IN THE CREATION OF THE “NEWAUTONOMOUS POLITICAL ENTITY IN PLACE OFTHE ARMM” IN THE CONTEXT OF THE GPH-MILF PEACENEGOTIATIONS.

Framework Agreement on Bangsamoro

(FAB)

IP RIGHTSI. Establishment of the Bangsamoro-Freedom of choice of other Indigenous peoples shall be respected;III. Powers-Recognition of the -Recognition of the customary rights and traditions of indigenous peoples in dispute resolution;IV. Basic Rights- On basic rights: Indigenous peoples rights shall be respected

FAB PROVISIONS FOR IP RIGHTS(CAN THE HISTORICAL INJUSTICES BE

RESOLVED W/IN THE FAB?)

MOA-AD Principle No. 1

FAB Section 5 Remarks

FirstSentence

It is the birthright of

all Moros and all

The Parties

recognize

The MOA-AD attempts to

distinguish between

IP Concerns on the FAB:

The FAB does not distinguish between the Bangsamoroand we non-Islamic Lumads/IPs.

Sentence all Moros and all

Indigenous peoples

of Mindanao to

identify themselves

and be accepted as

“Bangsamoros”

recognize

Bangsamoro

identity

distinguish between

Moros and IPs or

Lumads. The FAB is

shorn of such pretense.



SecondSentence

The Bangsamoro

people refers to

those who are

natives or original

inhabitants of

Mindanao and its

adjacent islands

including Palawan

and the Sulu

Those who at the

time of conquest and

colonization were

considered natives or

original inhabitants of

Mindanao and the

Sulu archipelago and

its adjacent islands

including Palawan,

Both modalities make the

Bangsamoro the default

identity for all IPs who were

already natives or original

inhabitants of Mindanao,

Sulu and Palawan at the

time of conquest and

colonization. This cannot be

supported historically andand the Sulu

archipelago at the

time of conquest or

colonization and

their descendants

whether mixed or of

full native blood

including Palawan,

and their

descendants whether

of mixed or of full

blood shall have the

right to identify

themselves as

Bangsamoro by

ascription or self-

ascription.

supported historically and

culturally. It is true that some

of the IPs were already

Islamized at the time of

conquest and colonization

(hence the term Moros were

appended to them rather

derisively by the colonizers)

but there were many other

IPs who did not accept

Islam. It remains so today.



ThirdSentence

Spouses and

their

descendants are

classified as

Bangsamoro

Spouses and

their

descendants

are classified

as Bangsamoro

The same for both MOA-AD

and the FAB. By default both

modalities consider spouses

and descendants of people

embraced by the definition

found in the second sentence

to be “Bangsamoro.” This is a to be “Bangsamoro.” This is a

sweeping statement with the

same objectionable

consequences found in the

second sentence of both

Principle No. 1 of the MOA-AD

and Section 5 of the FAB.

MOA-AD Principle

No. 1

FAB Section 5

Remarks

FourthSentence

The

freedom of

choice of

the

Indigenous

people shall

be

respected.”

The freedom

of choice of

the

Indigenous

people shall

be

respected.”

The same for both MOA-AD and the FAB.

The “freedom of choice” mentioned here

is illusory, considering the default identity

imposed by both modalities. The system

of entitlement to governance, wealth-

sharing and the like in both the MOA-AD

and the FAB spring from this common

concept of the Bangsamoro. It’s as if in respected.” concept of the Bangsamoro. It’s as if in

both modalities, the non-Islamic IPs or

lumads are being told to take it or leave it;

either they join the Bangsamoro and enjoy

the promised blessings, or suffer the

consequences of being excluded. But they

will only join it at the cost of losing their

own right to self-determination, which is

recognized in both Philippine

constitutional law and international law.

Definition of peoples in RA 9054

(a) Tribal peoples. These are citizens whose social,

cultural and economic conditions distinguish them from

other sectors of the national community; and

(b) Bangsa Moro people. These are citizens who are

believers in Islam and who have retained some or all of their believers in Islam and who have retained some or all of their

own social, economic, cultural, and political institutions.

1. Unclear delineation of powers: - Devolved powers to the IPs

- Inherent powers of the IPs

2. Resource utilization: resources within the ancestral

domains

MAN-DATE

AGENCY OF GOV’T FOR IPs

INDIGENOUS POLITICAL STRUCTURE IPMR

Authority

By virtue of the powers vested by law to the NCIP/OSCC

Customary Governance

Harmonize:

Customary and

Legislated

Powers

- Ancestral Domain

processing &

ADSDPP

- Affirmation /

Governance - review, revise, amendments adoption of

the customary laws

- confirm leadership title

- issuances of BC, MC & DC, TM - LCR

1. Local Legislative

Council

2. Special

Committees:

- Peace and Order

Council

REVIEW OF THE IP-STATE RELATIONS: Nationwide

Powers

and

functions

- Affirmation /

Confirmation /

recording

- FPIC processing

- Quasi Judicial Power

- Coordination

- Oversee

- nominate, endorse representatives

- resource management: planning,

utilization, sharing system etc

- public order & security

Administration of Justice- territorial level

- elevation of cases to higher levels (gov’t

agency w/ quasi judicial power)

Council

- Local Development

Council

- Bids and Awards

Committee

- School Board

- Health Board

3. Depgov – ARMM

4. Others

Scope

Nat’l, Reg’l, Prov,

Mun. and Barangay

- scope: village, cluster of villages & territorial

governance – base on Native Title LGU political territory

Fund DBM ? LGU budget

MAGUINDANAOTEDURAY, LAMBANGIAN & DULANGAN MANOBO

ARMM: red & green - proposed BJE

Location Map

IPs in ARMM are neglected/ignored by the State: 23 yrs in ARMM &15 years of IPRA when FAB was signed.- Therefore, IP-ARMM peace agenda is legitimate and not just a ride in agenda in the GPH-MILF peace negotiations.

Discussion points: Propose laws for

Indigenous Peoples

(in the ARMM)

to be included in the BBL.

Related to Identity, Political

Relations, Power sharing,

Justice system, Wealth sharing

& Defense.

THE PRINCIPLES FOLLOWED BY INDIGENOUS PEOPLES

1. Closeness and unity with Nature. – The environment is the

basic source of food, medicines and materials for the home. It

is also where the culture, tradition and customs of the tribes

are rooted. The environment is the extension of life and body.

Hence, it is necessary to preserve and maintain the people’s

closeness to and good relationship with the environment.

Thus, it is strictly prohibited to do any activity destructive toThus, it is strictly prohibited to do any activity destructive to

the environment.

2. Collective Leadership.—The Timuay Justice and

Governance comes from a tradition of collective leadership

that promotes a free, peaceful and modestly progressive

community. Because of this experience, the Tribal Title

Holders and the whole tribe strongly believe that a collective

leadership is still effective and appropriate even in the

present modern times. Hence, it is necessary to implement,

pursue, and develop it.pursue, and develop it.

In a collective leadership, the authority of the Tribal Title

Holders emanates from the constituency through the latter’s

free and voluntary participation in the Village Assembly,

Cluster of Villages Leaders’ Conference and the Tribal

Congress.

3. Communal Ownership of the basic sources of

livelihood in the Community.— For the tribes, things are not

owned by anybody. Humans are just the stewards of things

on earth and are free to use them in order to live and survive

in this world. The Timuay Justice and Governance

recognizes the long experience of the tribe in terms of

communal ownership especially with regard to land and

other basic sources of livelihood. On the other hand, it

respects the right of individuals to own personal propertiesrespects the right of individuals to own personal properties

allowed by the Tegudon (custom law).

The Timuay Justice and Governance also recognizes the

concept of the tribe that humans are just stewards and

caretakers of things found on earth. The Timuay Justice and

Governance develops individual and collective potential of

the members of the tribes in agricultural production,

industrialization and even technical work.

4. Equal Status of Every Human in the Society. – The concept

of equal status of every human being is based on the view

that land is the Mother of humanity. This being so human

beings as children are equal. It is forbidden to use fellow

human beings in order to elevate one’s status in society.

5. Peace of Mind as Basis of Justice and Development. —

Peace of mind is the absence of conflict in the community,

whether physical or emotional. This is the basis for justicewhether physical or emotional. This is the basis for justice

and development for all and not the satisfaction of one

person or a few people in the community.

6. Progressive Pluralism. — Progressive pluralism is

characterized by being open to other individual or group of

people. Though their beliefs and mind are open, it does not

mean however that their principles are lost.

On Identity Bangsa-Mamalu: IPs in ARMM

Political Relations Autonomy w/in the Bangsamoro: Bangsa-Mamalu

Autonomous Governance (BMAG)

Legal Basis

UNDRIP, (Convention ILO 169)

IPRA

MMA N0. 241 in ARMM

FAB

Indigenous Political Structures: Customary Governance

POSITION: DISCUSSION OUTLINE

On Governance and

Justice system: Power

Sharing & Scope

structures

- 2 IPS in core area

Tribal Courts: Customary Justice Systems; relations w/ the

Sharia’h & the Phil Justice system (courts)

- Scope: Ancestral Domains territory – base on Native Title

On Wealth Sharing:

resources within the

ancestral domains

Ancestral Domains: base on Native Title

- Resource use and management

- Taxation

On Defense &

Security Tribal Defense Systems

Legal

bases

UNDRIP

Article 3 Indigenous peoples have the right to self-

determination. By virtue of that right they freely determine

their political status and freely pursue their economic, social

and cultural development.

Article 4 Indigenous peoples, in exercising their right to self-

determination, have the right to autonomy or self-

government in matters relating to their internal and local bases government in matters relating to their internal and local

affairs, as well as ways and means for financing their

autonomous functions.

Article 5 Indigenous peoples have the right to maintain and

strengthen their distinct political, legal, economic, social and

cultural institutions, while retaining their right to participate

fully, if they so choose, in the political, economic, social and

cultural life of the State.

Legal

bases

IPRA

SECTION 13. Self-Governance – The state recognizes the inherent right of

ICCs/IPs to self-governance and self-determination and respects the

integrity of their values, practices and institutions. Consequently, the State

shall guarantee the right of ICCs/IPs to freely pursue their economic, social

and cultural development.

SECTION 14. Support for Autonomous Regions – The state shall continue to

strengthen and support the autonomous region created under the

constitution as the require or need. The State shall likewise encourage other

ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use ICCs/IPs not included or outside Muslim Mindanao and the Cordillera to use

the form of content of their ways of life as may be compatible with the

fundamental rights defined in the constitutions of the Republic of the

Philippines and other international recognized human rights.

MMA N0. 241 in ARMM

Tribal Peoples Rights Act – An Act to recognize, respect, protect and

promote the rights, governance and justice systems and customary laws of

Indigenous Peoples/Tribal Peoples in the Autonomous Region in Muslim

Mindanao.

TJG statement submitted to Hon. DatuTony Kinok, MILF Peace Panel Member on November 4, 2012 at Midsayap Cotabato

Points:- Recognition & support to the establishment of the Bangsamoropolitical entity in place of the ARMM;ARMM;

- Political relations be akin to autonomy within the Bangsamoro;

- Ancestral Domains supervision and management of resources;

- Bangsa-Mamalu as a collective identity;- Formulation of laws to be included in the Bangsamoro Basic Law – BBL.

On

Identity

FAB

I. Establishment of

the Bangsamoro

#5. The freedom of

choice of other

Bangsa-MamaluThe Bangsa-Mamalu are the native

inhabitants who at the time of the

introduction of the Sultanate system of

governance with the Islamic faith in

Central Mindanao executed oral

agreements / pacts / treaties /

covenants with leaders of the present choice of other

Indigenous peoples

shall be respected.

covenants with leaders of the present

Bangsamoro in Central Mindanao for

the delineation of their territories,

powers and functions in self-

governance based on customary

practices. The Bangsa-Mamalu is

composed of the present Teduray,

Lambangian and Dulangan Manobo &

other non Islamize IPs in the ARMM.

On

Political

Relations

IP Autonomy within

the Bangsamoro

Bangsa-Mamalu Autonomous

Governance (BMAG)

Autonomous – self governing (generally used not of a sovereign state or completely

independent body but of one which, under the general control of a larger body

enjoys self-government in its internal affairs).

Inherent Powers: administration of internal governance, the management of lands

and assets, culture and language, membership, marriage, health, education and basic

social services, to pass criminal and civil laws for internal governance including the

regulation of domestic relations between tribal members, to exercise judicial

jurisdiction over matters occurring on the domains and security.

Devolved & Shared Powers:

- issuances of BC, MC & DC, TM – LCR

- nominate, endorse representatives to local gov’t council/bodies

- public order & security

- resource management: planning, utilization, sharing system etc

On

Governance:

Power

Sharing

Indigenous Political

Structures. It refers to

organizational and cultural

leadership systems,

institutions, relationships,

patterns and processes for

decision-making and

participation, identified

Bangsa-Mamalu Autonomous

Governance. - The Bangsamoro

Government shall establish an

Autonomous Governance for the

Bangsa-Mamalu within the Bangsamoro.

Scope of the Bangsa-Mamalu

Autonomous Governance. - The

Bangsamoro government shall adopt a Sharing

and accepted by ICCs/IPs.

The IPS shall be recognized

as the highest governing

body with the IPO as its

technical arm;

- Timuay Justice and

Governance

- Kèuwit Kitab

Bangsamoro government shall adopt a

policy which shall be consistent with the

Constitution and existing laws that

clusters of contiguous barangays and

municipalities, historically proven as part

of the ancestral territorial domains of the

Bangsa-Mamalu constitute the territorial

autonomous-governance of the Bangsa-

Mamalu.

On

Tribal Courts:

Customary Justice

Tribal Court. – There is a system of Bangsa-

Mamalu courts in accordance to the

customary processes. These courts shall

determine, settle, and decide controversies

and enforce decisions involving personal and

family and property rights of members of the

Bangsa-Mamalu concerned, in accordance

with the customary laws. These courts may On

Justice

System

Customary Justice

Systems

- Tiyawan

- Antang

with the customary laws. These courts may

also exercise exclusive jurisdiction over

crimes committed by members of the Bangsa-

Mamalu where the offended party or parties

are also members of the Bangsa-Mamalu. The

Bangsamoro Legislative Assembly shall

establish a system of coordination with the

Sharia’h and Philippine courts defining

implementation from the Bangsa-Mamalu.

On

Ancestral

Domains: Ancestral

Fiscal Autonomy. – The Bangsa-Mamalu

shall enjoy fiscal autonomy in generating

and budgeting its own sources of revenue,

its share of the internal revenue taxes and

subsidies remitted to it by the Bangsamoro

Government or any donor.

Sharing of Internal Revenue, Natural Domains:

Wealth

Sharing

Domains

Resources

Sharing of Internal Revenue, Natural

Resources Taxes, Fees and Charges. –

The Bangsa-Mamalu shall have share in the

collections of internal revenue taxes, fees

and charges, and taxes imposed on natural

resources within the ancetral domains

territory. The Bangsamoro Government shall

adopt an equitable resource sharing system.

On

Defense

&

Tribal Defense

Systems

Tribal Defense. - The Bangsamoro

Government shall recognize the

Bangsa-Mamalu defense system

and establish a mechanism for &

Security and establish a mechanism for

coordination in the implementation

of law and order.

Ancestral

Domains /

TERRITORY

BANWE FUSAKA MUNATO

PUSAKA MÉNUWA TANA TUPU

DÉRÉPA INGÉD

ETHNIC/

TRIBES

BLAAN DULANGAN

MANOBO

*ÉRUMANÉN NÉ

MÉNUVU

TÉDURAY &

LAMBANGIAN

GO

VER

NA

NC

E

STRU

CTU

RE

Kabe Kabenwe

Blaan

Kèuwit

Kitab

Kamal Késéfa-nangguwit

Timuay

JUSTICE SYSTEMS & GOVERNANCE OF IPs IN THE ARMM

GO

VER

NA

NC

E

STRU

CTU

RE

Blaan Kitab Timuay

(Timuay Justice &

Governance)

LAWSKITAB KITAB UKIT BÉTAD

BINATASAN

UKIT

JUSTICE

SYSTEM

TMIM-BANG KAGLOT(Kasfala)

ANTANG KUKUMAN TIYAWAN

POLICE TMAMANG

BENWE

AGUBA-LANG BAHANI DIYA FÉNUWO

GPH TRIBAL Officers

National Territorial Wide(Inged)

Provincial Cluster of Villages

LGU - IPS Relations

Provincial Cluster of Villages(Remfing Fenuwo)

Municipal

Barangay Village(Fenuwo)

Sitio

DevelopmentDevelopmentDevelopmentDevelopment FrameworkFrameworkFrameworkFramework

1. Development should ensure that we are not distanced from our close

connection, unity and care with nature. Development that threatens to

destroy nature and remove us from our lands is not acceptable because

nature is the basic sources of our livelihood ranging from food, medicine,

shelter including our customs and tradition. Because of this, nature is

considered the extension of our life and body.

2. Development should ensure that collective forms of leadership and

decision making are respected. We particularly abhor attempts by large

corporations to get way through divide and rule enticements aimed at

individuals in our society. Development process must respect the need to

group consultation so that we can determine by consensus what the whole

community desires.

3. Development should ensure that communal ownership of property is not

threatened. This includes the communal ownership of the land, hunting and

fishing grounds; worship places and other major source of economy in the

community for no one have the sole control over the product of mother

earth. We use these resources in-order to live a human life.

4. Development should ensure that equal status in society is preserve. We

reject development that elevates some individuals into prestigious and

powerful positions at the expense of others in the community. We value

every individual in our community irrespective of life chances that may

have come their way for advance education, employment and so on. Thus

we reject development that values one human being over another for, we,

the children of mother earth are equal.

5. Development should ensure that the good fedew remains the basis of

justice and development. Good fedew is the presence of a good feeling,justice and development. Good fedew is the presence of a good feeling,

peace of mind and the physical well being of every individual member of

the community. This is the strongest foundation of peace, justice and

development in tribal society. Any undertaking that runs counter to the

“good fédéw” is not good development.

6. Finally, development should ensure that lumut minanga or progressive

pluralism is maintained and enhanced. Development should be respectful

of all people including the tri-people neighbors of Mindanao like the

Bangsamoro people, the migrant settlers and the Lumads.

FIYO BAGI

Documents

Indigenous Peoples in the ARMM: Option for an Autonomy w/n the Autonomy