NMIPs of BARMM on IP Code: A Genuine Non-Moro Indigenous Peoples Code Recognizes our Identities, our Ancestral Domains, and our Collective Rights

A Genuine Non-Moro Indigenous Peoples Code Recognizes our Identities, our Ancestral Domains, and our Collective Rights

NMIP Indigenous Political Structures’ Unified Statement on Bill 273 or the “Bangsamoro Indigenous Peoples Development Act of 2024”

We, the Non-Moro Indigenous Peoples (NMIP) political structures, the Gempe te Kelindaan ne Kamal te Erumanen ne Menuvu (Erumanen ne Menuvu), Mënubù Dulangan Tribal Justice and Self-Governance (Mënubù Dulangan) and Timuay Justice and Governance (Tëduray and Lambangian), express our deep concern about the future of our ancestral domains and our collective rights if the Bangsamoro Transition Authority (BTA) passes the “Bangsamoro Indigenous Peoples Development Act of 2024 (Bill 273)” as their proposed Indigenous Peoples Code (IP Code) in the Bangsamoro region.

In 2018, we celebrated the Bangsamoro Organic Law (BOL) recognizing our distinct identity and rights as NMIPs as is clearly stated in Section 9 of Article 4:

Rights of Non-Moro Indigenous Peoples. - The Bangsamoro Government shall recognize and promote the rights of Non-Moro Indigenous Peoples within the framework of the Constitution and national laws.

We hoped that by recognizing our rights, the BTA was committing to eventually passing an IP Code responsive to the rights and needs of NMIPs, which we firmly propose to be the NMIP Code.

On 21 February 2024, Bill 273 was filed and endorsed by the Bangsamoro Cabinet as their proposed IP Code. Reviewing the contents of Bill 273, we cannot help but feel that it is far from the NMIP Code we envisioned. Bill 273 fails to recognize our self-ascription as Non-Moro Indigenous Peoples.

As Indigenous Political Structures (IPS) of the Erumanen ne Menuvu, Mënubù Dulangan, Tëduray, and Lambangian, we actively participate in all spaces that can forward our insights and recommendations to help shape the proposed IP Code in the Bangsamoro region. Under the BTA 1 (2018-2022), we endorsed a draft of what we believe to be a responsive NMIP Code. Now, under BTA 2, we have presented a “Peoples’ Code” that Member of Parliament (MP) Froilyn Mendoza filed as the “Non-Moro Indigenous Peoples Rights Act (Bill 166).”

Bill 166 is our proposal for an NMIP Code that embodies our aspirations. In pursuing long-lasting peace in the Bangsamoro region, our legislative proposal aims to address the historical injustices faced by our communities.

We have waited for an opportunity to present our concerns, clarifications, and recommendations on Bill 273. However, the organized public consultations by the BTA Committee on Indigenous Peoples Affairs (CIPA) have proved inadequate for meaningful democratic participation, due to the sudden changes in schedule, and the limited time allotted for our engagement.

Nonetheless, we continue to exhaust all available means to make ourselves heard. We present this unified statement as the IPS’ of the Erumanen ne Menuvu, Mënubù Dulangan, Tëduray, and Lambangian to declare our sentiments on Bill 273 and to forward our proposal for a genuine NMIP Code.

We propose an NMIP Code that is rights-based. The ‘developmental’ framing of Bill 273 falls short in capturing our interconnected collective rights as Indigenous Peoples. We propose that a linear view of development should not be imposed on us. We follow the United Nations Declaration on the Rights of Indigenous Peoples’ (UNDRIP) concept on the “right to development” where we determine what kind of development is right for us and how it should be implemented.

Our rights should be recognized as bundles, not parceled into different legislations. An example is the failure of Bill 273 to safeguard our political representation through the reserved seats for NMIPs; it rests on the Bangsamoro Electoral Code (BEC) to provide for such provision. We assert that the proposed IP Code must articulate all rights accorded to us by international treaties, national laws, and regional laws as legal bases.

We propose an NMIP Code that recognizes our native titles and ancestral domains. We fear that Bill 273’s proposal “to declare the entire Bangsamoro territory as shared ancestral domain” will trample on our right to govern our ancestral domains that define our distinct identities. Bill 273 emphasizes the ‘kinship’ between the Moro and NMIPs. We believe this ‘kinship’ does not entail a “shared” territory but an acknowledgment of the respect for each respective territory that our peace pacts and oral histories can affirm.

Furthermore, we emphasize that the proposed IP Code should allow our ancestral domain claims to be processed. Section 3 in Article 9 of the BOL protects our right to our native titles as Indigenous Peoples (IPs). Concretely, we assert that the Bangsamoro government must recognize and respect the areas within its jurisdiction where there are existing Certificate of Ancestral Domain Titles (CADTs). We specifically cite CADT 164 of the Erumanen ne Menuvu, part of which is located in the Special Geographic Areas (SGAs), and CADT 229 of the Mënubù Dulangan in Ampatuan, Maguindanao del Sur.

In addition, we stress that the same recognition must be applied to the Tëduray and Lambangian Ancestral Domain Claim (TLADC), which has been pending since 2005. In a context where BTA Resolution 38 protests the delineation process of ancestral domains in Maguindanao provinces, Section 100 of Bill 273 instructs turning-over of the pending application to the Ministry of Indigenous Peoples (MIPA) which may impede on the free and speedy delineation process of our ancestral domain claims. The BTA must recognize NCIP’s jurisdiction on CADT applications submitted prior to the enactment of a version of the IP Code.

We assert that the national and regional government must include us in the discussions on Camp Transformation under the Normalization Track where camp areas are located or adjacent to our ancestral domains – namely Camps Bad’r and Omar. We uphold that the ownership of these areas must be restored to the NMIPs as rights holders. Without this recognition, our communities will continue to experience massive forced displacements, and occupation by outsiders.

We propose an NMIP Code that recognizes our distinct identity. We maintain that identities are dynamic as they respond to the calls of time and need. We uphold our distinctness from the Bangsamoro peoples that the BOL already recognizes. These changing identities are not new: the Philippine government has for so long defined our identities. We are called the “non-Christian tribes,” “national minorities,” “Indigenous cultural communities,” and “Indigenous Peoples.” Our determination to define ourselves as NMIPs is valid and we will defend our right to self-ascribe to the identities that correspond to our realities.

Ultimately, we propose the passage of a genuine NMIP Code. We reiterate our endorsement of the bill that we have painstakingly drafted and shaped – the “Non-Moro Indigenous Peoples Rights Act (Bill 166).” This bill is our proposal for the genuine NMIP Code that complies with the 1987 Constitution, Indigenous Peoples Rights Act (IPRA), and BOL.

Therefore, we strongly urge the BTA to support our self-determined NMIP Code. This version can enable the full realization of our Indigenous rights – which, in our view, is a vital aspect of a moral and inclusive governance in the Bangsamoro region.

Gempe te Kelindaan ne Kamal te Erumanen ne Menuvu
IPS of Erumanen ne Menuvu

Mënubù Dulangan Tribal Justice and Self-Governance
IPS of Mënubù Dulangan

Timuay Justice and Governance
IPS of Tëduray and Lambangian

For more information, you may contact: 0947-116-5815