The indigenous peoples in Mindanao have constantly been struggling for their right to self-determination. This continuing struggle has been an integral part of the advocacy for peace and development within the region. It has then been part of their work to push for their rights within the negotiation for peace between the Philippine government and the Moro Islamic Liberation Front (MILF). The leaders of Teduray, Lambangian, Arumanen Manobo, along with other leaders from affected communities, have been actively engaging the Office of the Presidential Adviser on Peace Process (OPAPP) since 2010 to bring their serious concerns of exclusion, misrepresentation, and different forms of discrimination and violence in the Autonomous Region of Muslim Mindanao (ARMM), so that the peace process with the MILF will be able to address these historical injustices experienced by the indigenous peoples.

 

The engagements of the IP leaders are from the local up to the national level – bilateral, tripartite and multilateral dialogues, congressional and public hearings, study sessions, and forums. The IP advocacy work is led by the Timuay Justice and Governance (TJG), along with other indigenous political structures within the ARMM and contiguous areas. When the Bangsamoro Transition Commission (BTC) was created, this, too was a platform they vigilantly used to articulate their concerns, and later on, to push for actual concrete proposals to be integrated in the proposed Bangsamoro Basic Law (BBL).

 

While there was very little support, if any, from OPAPP, the IP leaders have garnered support for their call for the full inclusion of indigenous peoples’ rights in the BBL outside the formal negotiation spaces. In 2014, when then President Benigno Aquino III handed the draft BBL of the BTC to Congress, the IP leaders were vigilantly attending committee hearings in both houses as resource persons, articulating their positions, and pushing for a BBL that is cognizant of the rights of the indigenous peoples. The IP leaders and their advocacy received support in the Congress, and among peace advocates.

 

Unfortunately, in 2015, the Mamasapano Massacre happened, which led to the mistrust of the members of the Congress on MILF and the peace talks. Thereafter, the 16th Congress failed to pass the BBL.

 

In 2016, upon the assumption of office of Rodrigo Duterte as president, he stated that the passage of the BBL is his priority, along with his push for federalism. In November 2016, Pres. Duterte issued Executive Order No. 8, expanding the membership of the BTC from 15 to 21. This expansion is purportedly to be more inclusive. However, the number of IP representatives remained the same – 1 from MILF, and another from the government side. This meant that the IP agenda remained marginalized in the negotiation, and finally in the output of the BTC. The BTC version is still sorely missing the full recognition of the non-Moro Indigenous Peoples rights to self-determination, their ancestral domain, and their distinct identity.

 

In July 17, 2017, this was submitted to President Duterte. After this, Duterte met with the MILF to discuss the BBL and the federalism agenda. There was no formal endorsement from the Office of the President of the BTC version of the BBL to Congress.

In August of 2017, the OPAPP, now chaired by Secretary Dureza, convened the Mindanao IP Legislative Assembly (MIPLA), with representatives from major indigenous populations, facilitated by the GRP Indigenous Peoples Peace Panel. The TJG leaders took a very critical role in MIPLA, and for 3 months, the assembly was able to draft a collection of proposed revisions of specific chapters, ensuring that their rights, identity and ancestral domains as non-Moro Indigenous Peoples are recognized, and integrated throughout the draft BBL.

 

This output of the MIPLA was officially endorsed by the National Commission on Indigenous Peoples (NCIP) to Congress. On the other hand, the OPAPP, after funding and convening the MIPLA, considered its task done, and left the IPs to lobby the Congress by themselves. Meanwhile, Rep. Nancy Catamco, and Rep. Wilter Wee Palma II, as the Chair and Member for the Majority respectively, of the Committee of Indigenous Cultural Communities and Indigenous Peoples, committed to use the MIPLA outputs in the delibrations of the house bills on BBL to push for the full inclusion of IP rights.

 

There were 4 different versions of the bill filed in the lower house – the BTC version was filed by Speaker Pantaleon Alvarez (HB 6475), and three other bills filed by Deputy Speaker and Maguindanao Rep. Bai Sandra Sinsuat Sema, Pampanga Rep. Gloria Macapagal-Arroyo and Lanao del Norte Rep. Muhamad Khalid Dimaporo. These bills seek to repeal Republic Act 9054, entitled “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao” and RA 6374 entitled “An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao”. None of these bills articulate the full inclusion of IP rights within the BBL.

 

In January 2018, the joint sub-committee to which the BBL was assigned, chaired by Zamboanga Sibugay Rep. Wilter Wee Palma II, resumed its hearings, and was set to come up with a new working draft bill based on the HB 6475, 92, 6121 and 6263. The IP leaders were hopeful that with the champions in the Congress, the MIPLA provisions would be integrated in the new draft bill.

 

In May 15, 2018, the House joint committees on Local Government, committee on Muslim affairs and the committee on Peace, Reconciliation and Unity approved the committee report on HB 6475, the BTC version, without any amendments.

 

There was a total of 22 consultations done by Congress, all of which produced recommended revisions of the draft bill. Furthermore, there were the recommended MIPLA provisions. None was taken in.

There were questions on the process. These were registered during the committee hearing after the vote. House Assistant Majority Leader Juan Pablo Bondoc then said that any objections or proposed amendments may be brought to the plenary.

No one raised any objection regarding the absence of the recognition of IP rights in the approved BBL bill.

At the Senate, the sub-committee on BBL under the committee on local governments, chaired by Senator Juan Miguel Zubiri, conducted 11 public hearings and six whole days of technical working group meetings. After these, the sub-committee passed SB 1717, which, according to Zubiri, is “not 100 % BTC version, but it’s 96% BTC.”

According to Zubiri, legislators are aiming to pass the BBL into law before Sine Die (adjournment) “to meet the President’s desire.”

 

 

The deliberations of BBL have been intense since the 16th Congress. The IP leaders from Teduray, Lambangian, Arumanen Manobo and from other contiguous areas of ARMM have been in and out of the halls of Congress to speak their truth – how they are part of the struggle for peace in Mindanao, and how they support the passage of BBL. But they also speak of the reality that a BBL without the full inclusion of the rights of non-Moro Indigenous Peoples – no recognition of their ancestral domain, their distinct identity, and their right to self-determination – then it will further institutionalize the discrimination, and the marginalization of the women and men of Teduray, Lambangian and other indigenous communities within the proposed Bangsamoro.

 

 

IDENTITY (Article II, Section 2): The freedom of choice of all indigenous peoples’ within the Bangsamoro territory to retain their distinct indigenous and ethnic identity in addition to their Bangsamoro political identity shall be respected. There shall be no discrimination on the basis of identity, religion, and ethnicity.

 

FPIC in contiguous territory (Article III, Section 3): Contiguous provinces, cities, municipalities, barangay, and other geographical areas other than those mentioned in the preceding Section, that obtain a majority of qualified votes cast in the periodic plebiscites, as provided under Article XV, Section 4 of this Basic Law shall become part of the Bangsamoro; Provided, that the inclusion of the ancetral domains in the Bangsamoro, shall be subject to the free, prior, and informed consent of the affected community.

 

DECLARATION ON THE RIGHTS OF THE MORO AND NON-MORO INDIGENOUS PEOPLES’(Article IV, Section 9): The Bangsamoro government recognizes and promotes the rights of Moro and Non-Moro indigenous peoples’ within the framework of the Constitution and existing laws.

 

CONCURRENT POWERS (Article V, Section 2) The Central government and the Bangsamoro Government shall exercise shared powers within the Bangsamoro on the following matters:

 

(29) Ancestral Domain and Natural Resources

 

(30) Protection of the Rights of Indigenous Peoples’ in the Bangsamoro

 

(31) Creation of the Independent Commisssion for Moro and Non-Moro Indigenous Peoples

 

IP RIGHTS (Article IX, Section 4): .. consistent with the United Nations Declaration on the Rights of Indigenous Peoples’ (UNDRIP), the United Nations Declaration on Human Rights (UDHR), and existing laws on indigenous peoples.

 

FPIC FOR PROTECTED AREAS (Article XIII, Section 8): The Bangsamoro Parliament shall pass a law for the establishment of protected areas, creating procedure for the declaration and management of protected areas and the role of the Bangsamoro government. Provided that the protected areas to be declared within ancestral domains shall be subject to the free, prior, and informed consent of Moro and Non-Moro indigenous peoples.

 

RIGHTS OF INDIGENOUS PEOPLES OVER NATURAL RESOURCES (Article XIII, Section 12): The Bangsamoro Parliament shall enact a law recognizing the rights of indigenous peoples in the Bangsamoro in relation to natural resources within the terrotories covered by a native title, including their share in revenues, as provided in this Basic Law, and priority rights in the exploration, development, and utilization of such natural resources within their area. Exploration, development, and utilization of natural resources including but not limited to fossil fuels and uranium, mines and minerals, and renewable energy, within ancestral domains shall be subject to FPIC.

REPEALING CLAUSE (Article XVIII, Section 2): Provided that such laws, degrees, orders, rules and regulations, and other issuances and parts thereof, shall not be inconsistent with the Constitution, and shall not fall below the minimum standards contained in national laws and relevant international instruments.

 

Today, the 17th Congress, we witness an express process to pass the BBL, as proposed by the BTC. Pres. Duterte earlier said that the MILF has “placed on us the burden of a timeline.” Thus, the voices of peoples, the diverse concerns of different sectors from the numerous consultations of Congress were set aside to immediately approve HB 6475 and SB 1717. The Indigenous Peoples, on the other hand, from the broad reach of communities of Mindanao, expressed their desire to be included, recognized, and respected in the proposed BBL. The MIPLA produced specific provisions which have bases in law, and aimed to address continuing injustices to the indigenous peoples. These were set aside. In the Senate, the plenary deliberations are being scheduled, and aimed to be finished by the end of the month. All this haste in the aid of satisfaction – that of the “president’s desire.”

 

But we don’t lose hope, as we cannot. A full inclusion of IP rights within the BBL will mean a life of dignity, peace and development for all of us – women and men of Moro and Indigenous Peoples of Mindanao.

 

We put our hopes in the hands of the women and men in Congress – both House and Senate- who wish to have them remembered by history as the courageous legislators and Filipinos, who fought for the rights of those who have less in law; and who have believed that peace lies not in the hands of the few, but in the hands and hearts of the masses.

 

May 16, 2018

 

LOYUKAN (Teduray term for comrade) is a formation of Indigenous Peoples Political Structures, NGOs and individual advocates pushing for the full inclusion of IP rights within the BBL

Mindanao Secretariat : Mindanao Peoples Peace Movement (MPPM), Janel Pesons (This email address is being protected from spambots. You need JavaScript enabled to view it.)

Manila Secretariat : Legal Rights and Natural Resources Center (LRC-KsK), Norly Grace Mercado (This email address is being protected from spambots. You need JavaScript enabled to view it.)

 

Source: LOYUKAN

 

Related to SDG 10: Reduced inequalities and SDG 16: Peace, justice and strong institutions