Republic Act No. 8371 also known as the Indigenous Peoples Rights of 1997 (IPRA) is a landmark legislation to correct the historical injustices sustained by the IPs for centuries.
The Bangsamoro Organic Law (BOL) provides that, "This Organic Law shall not in any manner diminish the rights and benefits of the Non-Moro iIndigenous Peoples in the Bangsamoro Autonomous Region under the Constitution, national laws, particularly Republic Act No. 8371 or the “Indigenous Peoples’ Rights Act of 1997.
Only Section 30 of the Act was repealed, which is related to IP Educational System, because the BOL provides for the Tribal University System.
This means that IPRA is applicable in BARMM in the meantime that there's no IP Code. When crafting the IP Code, IPRA should be a minimum standard as reference.
It's true that the BOL provides that Ancestral Domain is under the exclusive jurisdiction of BARMM, but recognition should be in accordance with the IPRA as an existing law.
The IPs did not inflict historical injustices to the Moro, but why we are suffering to pay the injustices inflicted vertically by the national entity?
We are both victims of historical injustices perpetrated by the national entity, but we are still suffering social injustices under the new regional entity.
Santos Magay Unsad
December 14, 2023
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