TJG: Pass a Compliant to 1987 Philippine Constitution, IPRA, BOL and International treaties BARMM IP Code

From the official document circulated by TJG.

THE STATUTORY COMMITTEE ON INDIGENOUS PEOPLES AFFAIRS                  

BTA-Parliament-BARMM

Cotabato City

 

Dear  Honorable Ladies and Gentlemen:

We, the Teduray and Lambangian Non-Moro Indigenous Peoples  under the Kesefangguwit Timuay or Timuay Justice and Governance (TJG), the Indigenous Political Structure of the above-mentioned tribes, practiced since time immemorial within our Fusaka Ingëd (Ancestral Domain) or traditional territory in portions of now the Province of Maguindanao-BARMM through our Baglalan (Tribal Title Holders) respectfully submit our proposals for inclusion in the Legislation of Non-Moro Indigenous Peoples (NMIPs) law in the Bangsamoro.

This submission of proposal is our expression of support to the BARMM and to the Bangsamoro Parliament in crafting a law that is compliant to the 1987 Philippine Consititution, expressed in R. A. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA), R.A. 11054, also known as the Bangsamoro Organic Law (BOL) and the International Treaties, Conventions and Declarations, notably the UDHR, UNDRIP and ILO Convention 169. Consistent with these National and International Instruments in crafting the proposed measure for the NMIPs can stand any legal scrutiny in terms of Recognizing, Respecting, Protecting, Promoting, and Supporting the Rights of Non-Moro Indigenous Peoples and Creating the Ministry of Non-Moro Indigenous Peoples in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

We respectfully submit our proposals to the Statutory Committee on Indigenous Peoples Affairs, chaired by the Member of Parliament Hon. Ramon A. Piang, Sr.

We prayed for the consideration of our proposals by the SCIPA in order to attain a genuine inclusive Bangsamoro governance towards attaining a genuine and lasting peace and progressive BARMM.

Concrete Proposals:

Proposals	Explanatory Note
Full title: AN ACT RECOGNIZING, RESPECTING, PROTECTING, PROMOTING, AND SUPPORTING THE RIGHTS OF NON-MORO INDIGENOUS PEOPLES, FORMALLY CREATING THE MINISTRY OF NON-MORO INDIGENOUS PEOPLES AFFAIRS, ESTABLISHING THE IMPLEMENTING MECHANISMS, AND APPROPRIATING FUNDS THEREFOR	In line with BOL Art. 4, Sec. 9 (Rights of the Non-Moro Indigenous Peoples), the Code must serve as the enabling law that will govern the NMIPs to recognize the distinct identities of Indigenous peoples in the region, which demand specific legal protection.
Short title: “The Rights of Non-Moro Indigenous Peoples in the Bangsamoro Act of 2024”	Corresponding to the full title, this will be a Code to recognize NMIP rights specifically.
Sec 3: Coverage This act shall apply to Non-Moro Indigenous Peoples as stated in Section 8, Article 7 of Republic Act No. 11054, particularly the Tëduray, Lambangian, Mënubu Dulangan, Blaan, Higaonon, and other Indigenous Peoples who ascribe as NMIPs. They are Indigenous Peoples, each having their own separate and distinct political identity in the BARMM.	On IP self-ascription:   Ascription as Indigenous peoples must primarily come from the Indigenous communities, with the Ministry of Indigenous Peoples Affairs (MIPA) recognizing and respecting their self-ascription.
Section 4. Declaration of Bangsamoro Government Principles and Policies   k. To declare the entire Bangsamoro Territory as the shared Ancestral Domain of all native inhabitants of the Bangsamoro Region pursuant to their common ancestry and pre-colonial history	Sec 4. k. is to be deleted A singular ancestral domain may violate the specific right of different Indigenous groups to their ancestral domain.
Sec. 5 (xx). Non-Moro Indigenous Peoples (NMIP) Refers to groups who, not having ascribed or self-ascribed to the Moro identity, have continuously lived as an organized community on communally bounded and defined territory and who have, under claims of ownership since time immemorial, occupied, possessed, and utilized such territories, and who share common bonds of language, customs, traditions, and such other distinctive traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions, and cultures, became historically differentiated from the Moros in the Bangsamoro. Among others, they include those NMIPs enumerated in Section 8, Article VII of Republic Act No. 11054, otherwise known as the BOL, the Erumanen ne Menuvu peoples residing in the Special Geographic Areas of the Bangsamoro, and such other Indigenous peoples who may ascribe as NMIPs. This shall likewise include NMIP who are regarded as indigenous peoples who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.	Addition to Sec 5: Definition of Terms: To avoid confusion, we recommend to include the definition for NMIPs.
On definition of terms Certificate of Ancestral Domain Title — refers to a title formally recognizing the rights of possession and ownership of NMIPs over their ancestral domains, identified and delineated in accordance with this law;	There is no need to change the name of the land title instrument, re: Sec 5 d. to avoid confusion with other NMIPs.
SECTION xx. Free Prior and Informed Consent. The NMIPs shall exercise their right to self-determination and decision-making through Free and Prior Informed Consent (FPIC). The rights of NMIPs shall be protected in the introduction and implementation of policies, plans, programs, projects, activities, and other undertakings that will impact upon their ancestral domains to ensure their economic, social, and cultural well-being.   The Bangsamoro Government shall promote and ensure just and equitable partnerships in environmental management, land use, and the utilization of resources within ancestral domains. The Bangsamoro Government shall also uphold benefit-sharing between concerned NMIP communities and prospective investors, government agencies, local government units, non-government organizations, and other entities interested in any partnership, following FPIC guidelines.   The procedure and the standards in the conduct of any field-based investigations and FPIC process, charging of fees, compensation for damages, and imposition of administrative sanctions for intentional commission of prohibited acts and omissions shall be imposed. In ensuring that FPIC process is protected, it shall be the policy of the Ministry of Non- Moro Indigenous Peoples’ Affairs to:   a) Uphold the intent and purpose of the law in requiring the FPIC of NMIPs in connection with activities, programs, and projects affecting ancestral domains, such as government projects and any application for lease, license, permit, agreement, and/or concession; b) Ensure that the process of securing the FPIC of NMIPs and the corresponding issuance of Certificatoon Precondition (CP) shall be conducted with utmost regard for the right of NMIPs to the management, development, and utilization of their land and resources within their own ancestral domains. Once a decision has been reached by NMIPs, their FPIC becomes final and no longer subject to further consultations or appeals; c) Exercise its visitorial powers and safeguard the rights of the NMIPs regarding resource utilization contracts or agreements; d) Guarantee that no concession, license, permit, lease, production-sharing agreement, or other undertakings affecting ancestral domains shall be granted or renewed without going through the process laid down by law and FPIC guidelines. The Ministry shall adopt FPIC guidelines. The following principles shall be observed: a) Empowerment. The NMIPs shall freely pursue their economic, social, and cultural development through their full participation in decision-making, determination of priorities, and the practice of their justice system and peace-building processes. b) Consensus-Building and Decision-Making Process. The NMIPs shall fully participate in the decision-making processes, primarily through their indigenous socio-political structures. They shall likewise affirm the decisions of their duly authorized representatives. c) Peace-Building. The FPIC is a peace-building measure and a tool for empowerment as it promotes the genuine involvement of NMIPs in decision-making. Adherence to the process guarantees harmony, understanding, unity, and security. d) Primacy of Cultural Integrity. Within ancestral domain/lands, the holistic and integrated adherence of IPs to their respective customs, beliefs, traditions, indigenous knowledge systems and practices (IKSP), and the assertion of their character and identity as peoples shall assume an important consideration in the decision-making processes required for the issuance of the Certification Precondition (CP) as a prerequisite to the introduction, implementation or operation of plans, programs, projects or activities in ancestral domains to ensure that the culture and traditions of the concerned Indigenous Peoples are recognized and respected in the process and their general well-being promoted. e) The right to own and manage land and other resources within the ancestral domains. The right of the NMIPs to manage and develop their own land and other resources within their ancestral domains shall be respected.   The Ministry shall ensure that all pertinent information is provided, such as: 1. The nature, size, pace, reversibility, and scope of any proposed project or activity; 2. The reason/s or purpose of the project and/or activity; 3. The duration of the above; 4. The locality of areas that will be affected; 5. A preliminary assessment of the likely economic, social, cultural, and environmental impact, including potential risks and fair and equitable benefit- sharing in a context that respects the precautionary principle; 6. Personnel likely to be involved in the execution of the proposed project (including Indigenous Peoples, private sector staff, research institutions, government employees, and others); and 7. Procedures that the project may entail.	On FPIC process: There must be detailed guidance on the FPIC process.
SECTION xx. Camps within the Ancestral Domain Areas. — NMIPs, as the rightful owners of the ancestral domains which have been part of camps, shall have full ownership, control and management of these said areas. They shall also be given priority in the provision of any assistance to improve their economic productivity. The government agencies tasked with implementing the Normalization process shall coordinate with the Indigenous Peoples Structure of the Non-Moro Indigenous Peoples to ensure that the rights of the Non-Moro Indigenous Peoples to their ancestral domain will be protected.	On camps within ancestral domains: The Code must include a provision for camps within the ancestral domains of NMIPs. As rights holders, NMIPs’ ownership, control, and management in these areas must be recognized and protected.
Section xx. Ancestral Domains/Fusaka Inged Sustainable Development and Protection Plan (ADSPP) Refers to the consolidation of the plans of NMIP within an ancestral domain for the sustainable management and development of their land and natural resources as well as the development of human and cultural resources based on their indigenous knowledge, systems, and practices. The ADSDPP is a long-term comprehensive spatial and development plan to identify and implement programs and projects to strengthen self-governance, alleviate poverty, protect the environment and cultural integrity, and build lasting peace and genuine development within ancestral domains of particular NMIP.	On the powers and functions of FIDA: We propose deleting the section on FIDA as it may compromise IPS' independence in decisions on plans and resources for developing their ancestral domains. ADSDPP must be the instrument used for such plans. Any development initiatives should adopt and correspond to the existing ADSDPPs of NMIPs. FIDA may also be overlapping with the functions of MIPA.
SECTION xx. Reserved Seats of Non-Moro Indigenous Peoples NMIPs shall have two (2) reserved seats in the Bangsamoro Parliament. Pursuant to the Republic Act No. 11054, the NMIPs shall select among themselves their representatives with adherence to their customary laws and indigenous processes, that shall be incorporated in the Bangsamoro Electoral Code, based on the following: 1. Primacy of customary laws and practices; 2. Primacy of consensus building; 3. Acceptability to the community; 4. Inclusivity and full participation; 5. Representation of the collective interests and aspirations of Non-Moro Indigenous Peoples; 6. Sustainability and strengthening of indigenous political structures; 7. Track record and capability; and 8. Gender equality.	On NMIP reserved seats in the Parliament: The Code should include a provision on the Reserved Seats of Non-Moro Indigenous Peoples. While there are already provisions in the Electoral Code and Administrative Code, a section must be included in this Code that will govern NMIPs.
SECTION xx. Right to Participate in Decision-Making NMIPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives, and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that the NMIPs shall be given mandatory representation in policy- making bodies and other local legislative councils. The Non-Moro Indigenous Peoples’ Mandatory Representative (NMIPMR) shall be non- partisan. The NMIPMR shall be nominated by the tribal leaders and community that NMIPMR represents without the influence of any political person and/ or political parties. The minimum qualifications of NMIPMR shall be the following: a) The aspiring IPMR must be a natural born Filipino citizen; b) The aspiring IPMR must be a registered voter in the barangay, municipality, city, province, or barangay where he/she intends to assume office; c) The aspiring IPMR must be a bona fide NMIPs by blood or consanguinity, an acknowledged leader of the NMIP communities of which the aspiring IPMR is a member, and has continuously engaged in NMIP communities undertakings setting up a track record of services for NMIP communities in a given local government unit as certified by the MNMIPA; d) The aspiring IPMR must be able to read and write; and; e) The aspiring IPMR must be knowledgeable of and practices the customary ways of NMIP communities of which the aspiring IPMR is a member; f) The aspiring IPMR must be conversant with the culture of the community he/she represents; g) The aspiring IPMR must be a resident in the community for the last ten (10) years continuously without interruption for the period immediately preceding the time of selection, without prejudice to the community providing the requirement of domicile to its local guidelines	On qualification of IPMRs: The Code must include qualifications for IPMR.
SECTION 55. Indigenous Cultural Guardians The Bangsamoro Government recognizes indigenous peacekeeping and safety mechanisms to protect ICCs/IPs and their ancestral domain/fusaka inged and to enforce compliance with customary laws. Such indigenous local structures shall include indigenous local peacekeepers, such as, but not limited to, Diyaga Fenuwo Agubalang, Balagan, Bagani, and similar indigenous structures in the Bangsamoro Autonomous Region. Indigenous Cultural Guardians shall always be a civilian cultural defense force that may not be armed or conscripted as an extension of the Philippine National Police and Armed Forces of the Philippines or any non-state armed forces.	On clarifying the role of indigenous local peacekeepers: NMIP local peacekeeping mechanisms to protect their domains must be recognized and respected. However, this should not be interpreted as an extension of the Philippine security forces.
Chapter xx: Ministry of Non-Moro Indigenous Peoples Affairs. There shall be created the Ministry of Non-Moro Indigenous Peoples Affairs, which shall be the primary government agency responsible for the formulation and implementation of policies, plans, and programs to promote and protect the rights and well-being of the NMIPs and the recognition of their ancestral domains as well as their rights thereto consistent with the RA 11054, RA 8371, Muslim Mindanao Autonomy Act number 241 or the “Tribal Peoples Rights Act”, and other Bangsamoro laws, customs, and traditions of NMIPs in the aspect of autonomy.	On the composition of MIPA and qualifications of its Minister:   The Code must provide guidance for the composition of MIPA and the qualification of the Minister that will lead the office.
SECTION xx. Powers and Functions. — To accomplish its mandate, the MNMIPA shall have the following powers, jurisdiction, and functions: a) Serve as the primary Bangsamoro government agency to assist Non-Moro Indigenous Peoples in the BARMM; b) To review and assess the conditions of NMIPs, including existing laws and policies pertinent thereto, and to propose relevant laws and policies to address their role in Bangsamoro development; c) Issue Certificate of Ancestral Domain Titles (CADT) / Certificate of Ancestral Land Titles (CALT) / fusaka ingëd to NMIPs in the Bangsamoro Government, and register such CADTs in the appropriate Register of Deeds; d) To formulate and implement policies, plans, programs, and projects for the economic, social, and cultural development of the NMIPs and monitor the implementation thereof; e) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be required in the pursuit of its objectives; f) Subject to existing laws and the FPIC of the NMIPs, to enter into contracts, agreements, or arrangement with government or private agencies or entities, as may be necessary to attain the objectives of this Act, and to obtain loans from government, non-government, private, and international lending institutions to finance its programs, subject to the approval of the Chief Minister of the Bangsamoro Government; g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from whatever source (local, national and international), subject to the approval of the Bangsamoro Government, for the benefit of NMIPs; and administer the same in accordance with the terms thereof, or in the absence of any condition, in such manner consistent with the interest of NMIPs and existing laws; h) To coordinate development programs and projects for the advancement of the NMIPs and oversee the proper implementation thereof in coordination with other agencies, government or private if so required; i) To convene periodic conventions, congresses, summits, or assemblies of NMIPs to review, assess, and propose policies or plans; j) To advise the Chief Minister of the Bangsamoro Government on all matters relating to the NMIPs, and to submit within sixty (60) days after the close of each calendar year, a report of its operations and achievements; k) To submit to the Bangsamoro Parliament appropriate legislative proposals intended to carry out the policies under this Act; l) To prepare and submit the appropriate budget to the Office of the Chief Minister; m) To facilitate the conduct of consultations on the FPIC process and issue appropriate certification as a precondition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management, and appropriation by any private individual, corporate entity, or any government agency, corporation, or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the NMIP concerned; n) To promulgate the necessary rules and regulations for the implementation of this Act; o) To issue Certificates of Accreditation and Certificates of Dissolution of marriages contracted and solemnized in accordance with the customs, culture, and tradition of NMIPs in the celebration and solemnization of marriages. To recognize Solemnizing officers as endorsed by the IPS and to endorse the same to the local civil registry; p) Provide legal and paralegal assistance to NMIP communities; q) Develop appropriate plans and programs to respond to gender issues and concerns as these relate to the full realization and protection of Non-Moro Indigenous women’s rights for maximum participation in community and nation- building. The ministry shall ensure that at least 10% of the annual budget of the ministry be allocated for these plans and programs. r) Develop appropriate plans and programs for the need of Non-Moro Indigenous youth and students, including but not limited to the Institutionalized Scholarship for Non-Moro Indigenous Peoples, and allocating at least 10% of the annual budget of the ministry, for this purpose; s) Develop appropriate programs for the elderly and Persons With Disabilities; t) Accredit existing local NMIP organizations and non-government organizations operating in the areas of NMIPs; u) To exercise such other powers and functions as may be directed by the Chief Minister of the BARMM; v) Perform such other related functions as may be provided by law, such as issuance of tribal membership or Certificates of Confirmation to IP applicants for any legal purpose.
SECTION xx. Composition. — The Ministry of the Non-Moro Indigenous Peoples shall be headed by the Minister and assisted by two (2) Deputy Ministers, one for Administration and one (1) for Operations. It shall have an Director General and appropriate offices for the following: 1) Director for the Office on Policy Planning and Research; 2) Director for Administrative and Finance Office; 3) Director for the Office for Ancestral Domains/Native Title; 4) Director for the Office for Empowerment, NMIP Governance and Human Rights; 5) Director for the Office for Socio-Economic Services and Special Concerns; 6) Director for the Office for Education, Culture and Health; and 7) Director for Legal Affairs Office. 8) Director for the Office of Women Affairs. 9) Director for Children and Youth   Provincial Officers for Maguindanao and Lanao del Sur and a cluster of Barangays in North Cotabato and City Officer for the City of Cotabato. Community Development Officers for Community Services Centers in municipalities and clustered municipalities where NMIPs are dominant.
SECTION xx. Qualifications, Tenure, Compensation. — The Minister must be a natural- born Filipino citizen, a full-blooded member of any Non-Moro Indigenous Peoples resident of the BARMM as certified by the tribe he/she comes from and must have worked for at least ten (10) years in ancestral domains or in agencies involved with NMIP concerns. The Minister must either come from the NMIP Members of Parliament chosen and endorsed by the NMIP IPS as provided in the BOL or non-Member of the Parliament; provided that he/she shall be chosen and endorsed by NMIP communities. He/she must have proven honesty and integrity and must not have been convicted in any court of any crime. The Minister for Non-Moro Indigenous Peoples shall hold office for a period of three (3) years, and may be subject to re-appointment upon confirmation by the appointing authority for another term if they are chosen and endorsed by Non- Moro Indigenous Peoples; provided, that no person shall serve for more than three (3) terms subject to selection and endorsement by NMIP communities; provided further that in case of vacancy, appointment to any vacancy shall only be for the unexpired term of the predecessor and in no case shall a member be appointed or designated in a temporary or acting capacity; provided, finally that the Minister and other personnel shall be entitled to compensation in accordance with the Salary Standardization Law.
SECTION xx. Appointment of Personnel. — Personnel of lower rank shall be appointed by the Minister for Non-Moro Indigenous Peoples. As long as the necessary qualifications are met, preferential employment shall be extended to members of the NMIP for the positions of Minister, Deputy Minister, Directors, and ADO. Officials and employees of the defunct Office for Southern Cultural Communities who are qualified may apply for appointment with the Ministry for Non-Moro Indigenous Peoples and treated as the same with the new applicants, passing the same process; provided that, their appointment is subject to confirmation by the Civil Service Commission in the BARMM; provided further, that in the case where there is a Non-Moro indigenous person and a non-indigenous person with similar qualifications applying for the same position, priority shall be given to the former.
SECTION xx. Removal from Office. — The Minister in the MNMIPA may be removed from office by the Chief Minister, on his/her own initiative or upon recommendation by at least 30% of each NMIP community, for cause before the expiration of his/her term for flagrant violation of the NMIP Code and customary laws, betrayal of public trust, corruption, conviction of a crime, and after complying with due processes requirement of law.
SECTION xx. Fiscal Autonomy — the Ministry shall have fiscal autonomy. It shall be provided with adequate funding, which shall be regularly and automatically released. Annual appropriation of funds to the Ministry shall not be reduced from the amount it received in the preceding fiscal year. The compensation, emoluments, privilege, or any other benefits enjoyed by all its officials and employees under this act shall not be decreased.
SECTION xx. No Restraining Order or Preliminary Injunction. — No inferior court of the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the MNMIPA or any of its duly authorized or designated offices in any case, dispute or controversy arising from, necessary to, or interpretation of this Act and other pertinent laws relating to NMIPs and ancestral domains.
SECTION xx. Offices within the MNMIPA. — In addition to the Office of the Minister, the Office of the Deputy Minister for Administration, and the Office of the Deputy Minister for Operation, the following offices shall also be created: a. Office of the Executive Director — The MNMIPA shall create the Office of the Executive Director that shall lead the day-to-day operation of the office. The office shall be headed by an Executive Director, who shall be appointed by the Minister upon recommendation of the NMIPs. The staffing pattern of the office shall be determined by the MNMIPA subject to existing rules and regulations; b. Office for Ancestral Domains/Native Title — The Ancestral Domains Office shall be responsible for the identification, delineation and recognition of ancestral domains upon the request of NMIP communities based on self-delineation process. It shall also be responsible for the management of ancestral domains in accordance with a master plan as well as the implementation of the ancestral domains right of the NMIPs as provided for in this Act. It shall also review, determine and recommend issuance of certificate of precondition to the Minister for MNIMPs, upon the free and prior informed consent of the NMIPs concerned, prior to the grant of any license, lease, or permit for the exploitation of natural resources affecting the interests of NMIPs or their ancestral domains and to assist the NMIPs in protecting the territorial integrity of all ancestral domains. It shall likewise perform such other functions as the Ministry may deem appropriate and necessary; c. Office on Policy, Planning and Research — The Office on Policy, Planning, and Research shall be responsible for the formulation of appropriate policies and programs for NMIPs, such as, but not limited to, the development of a master plan for the NMIPs. The plan shall undergo a periodic process of review and assessment and make revisions based on the changing context. The Office shall also undertake the documentation of customary law and shall establish and maintain a Research Center that would serve as a repository of ethnographic information for monitoring and evaluation and policy formulation. It shall assist the Minister for NMIPs in the formulation of appropriate legislation benefiting NMIPs; d. Office of Education, Culture and Health — The Office on Education, Culture and Health shall be responsible for the effective implementation of the education, cultural, and health and related rights as provided in this Act. It shall assist, promote, and support community schools, both formal and non-formal, for the benefit of NMIPs, especially in areas where existing educational facilities are not accessible to members of NMIPs. It shall administer all scholarship programs and other educational rights intended for NMIPs beneficiaries in coordination with the Ministry of Basic, Higher and Technical Education (MBHTE). It shall undertake a special program which includes language and vocational training, public health, and family assistance programs and related subjects. It shall also assist and recommend appropriate legislations inherent to the educational, cultural and health needs of NMIPs. Appropriate educational programs relevant to the needs and aspirations of the Non-Moro Indigenous Peoples shall also be supported which includes, but is not limited to, the establishment of Schools for Living Traditions intended to preserve, promote, and protect indigenous knowledge, systems and practices of the NMIPs. Coordination with the MBHTE in the indigenization of the educational curriculum shall be initiated; e. Office for Socio-Economic Services and Special Concerns — The Office on Socio- Economic Services and Special Concerns shall serve as the Office through which the MNMIPA shall coordinate with pertinent government agencies charged with the delivery of basic socio-economic services, policies, plans, and programs to NMIPs. It shall also be responsible for other such functions as the MNMIPA may deem appropriate and necessary; f. Office of Empowerment, NMIPs Governance and Human Rights — The Office of Empowerment NMIP Governance and Human Rights shall ensure that indigenous socio-political, cultural, and economic rights are respected and recognized. It shall ensure that capacity-building mechanisms are instituted, and NMIPs are afforded every opportunity, if they so choose, to participate in all levels of decision- making. It shall likewise ensure that the basic human rights and other pertinent rights as the NMIPs may determine, subject to existing laws, rules, and regulations, are protected and promoted; g. Office of Women Affairs — The Office of Women Affairs shall ensure the gender mainstreaming and transformation of programs for NMIP communities. It shall lead the implementation of women’s agenda for NMIP women in the BARMM. h. Office of Children and Youth. The Office of Children and Youth shall ensure the promotion and development of programs for children and youth. It shall facilitate the establishment of a consultative mechanism for dialogue with the youth. In order to develop their full potential as partners in nation building, the office shall ensure the youth’s active participation in various programs through linkaging with government and non-government organizations both at the national and international level. i. Administrative and Finance Office — The Administrative and Finance Office shall provide the MNMIPA with economical, efficient, and effective services pertaining to personnel, finance, records, equipment, security, supplies, and other related services. It shall also administer the Ancestral Domains Fund; j. Legal Affairs Office — There shall be a Legal Affairs Office that will advise MNMIPA on all legal matters concerning NMIPs and provide them with legal assistance in litigation involving community interest. It shall conduct preliminary investigations on the basis of complaints filed by NMIPs against a natural or juridical person believed to have violated the rights of NMIPs. On the basis of its findings, this Office shall initiate the filing legal action to appropriate agencies of the Government. k. Provincial and City Offices — There shall be provincial offices and city offices to be established in provinces and cities of the Bangsamoro Autonomous Region in Muslim Mindanao where the dominant population of NMIPs shall be headed by a Provincial Director or City Director. l. Community Service Center — Community Service Centers shall likewise be established in municipalities where NMIPs are of significant number or cluster of municipalities where NMIPs are residing in an intact community. The Community Service Centers shall be headed by Community Development Officers.	On the composition of MIPA and qualifications of its Minister:   The Code must provide guidance for the composition of MIPA and the qualification of the Minister that will lead the office.
SECTION xx. Other Offices. — The MNMIPA shall have the power to create additional offices if may deem necessary, subject to existing rules and regulations.
SECTION xx. Accessibility and Transparency. — Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto, all official records, documents, and papers pertaining to official acts, transactions, or decisions, as well as research data used as basis for policy development of the MNMIPA shall be made accessible to the public.
SECTION xx. Relationship with Other Offices. — The MNMIPA shall establish a mechanism for effective coordination and shall ensure harmonious relationships with other offices of the Bangsamoro Regional and National Governments in the implementation of programs and policies for the benefit of the NMIPs in the BARMM.
SECTION xx. Tribal Courts. The Bangsamoro Government shall recognize and respect the NMIPs’ justice system, including its courts. Furthermore, it shall assist and provide resources for establishing and strengthening of said indigenous courts and support the customary justices or jury (e.g. panel of Kefedewan). These courts shall determine, settle, and decide controversies and enforce decisions involving personal and family and property rights of members of the NMIPs concerned, in accordance with their customary laws.	On tribal courts: The Code must provide a provision specific to tribal courts to further recognize and respect NMIP customary justice systems.
SECTION xx. Share of the Indigenous Communities. NMIPs and communities shall have an equitable share of the revenues generated from the exploration, development, and utilization of natural resources that are found within the territories covered by a native, traditional, or customary title in their favor, which shall be no less than fifty percent (50%) of the revenues, to be determined by the Ministry of Non-Moro Indigenous Peoples Affairs to be created under this law: Provided, that the rights and privileges granted to Non-Moro Indigenous Peoples by Republic Act No. 8371 and other laws pertaining to Non-Moro Indigenous Peoples shall not be diminished.	On equitable sharing with NMIPs: Subject to free, prior, and informed consent based on customary processes, NMIPs must have a higher share of royalties of not less than 20% of the gross income as recognized rights holders and stewards of their ancestral domains and natural resources therein.
SECTION xx. Natural Resources within Ancestral Domains. The NMIPs shall have priority rights in the harvesting, extraction, development, or utilization of any natural resource within ancestral domains. A non-member of the NMIPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five (25) years, renewable for not more than ten (10) years: Provided, that a formal and written agreement is entered into with the NMIP concerned, pursuant to its own decision-making process, has agreed to allow such operation: Provided, that the NMIPs shall enjoy full royalties arising from such agreements. The royalty from use of natural resources found within ancestral domains shall not be less than 20% of the gross income. Provided, finally, that the MNMIPA may exercise visitorial powers and take appropriate action to safeguard the rights of the NMIPs under the same contract.
SECTION xx. Mining Application in Ancestral Areas. Mining applications for ancestral domains or lands shall be subject to approval by all affected NMIPs through their IPS, with the strict compliance of FPIC. The IPS of affected NMIPs shall approve exploration permits, choose mining companies, and decide to suspend mining activities when these prove to be disadvantageous to the NMIPs, after due notice and hearing are accomplished; provided, that any action or inaction on the part of the mining company did not suffice in addressing the subject disadvantage Such disadvantages shall include health risks and negative environmental impacts, such as the pollution of water sources and the threat to agriculture and food security. This IPS may also decide to suspend mining operations when a mining company is found culpable of human rights abuses, after due notice and hearing Mining host communities shall be entitled to equitable shares from the gross income of mining operations pursuant to Republic Act No. 11054 aside from the 1% royalty as provided for under the Mining Act of 1995 and corporate social responsibility of the companies to the communities. Mining shall not be allowed in areas that will unduly harm shared commons, including critical watersheds, key biodiversity areas (KBAs), prime agricultural lands, and other areas. The Free Prior and Informed consent of the affected NMIPs shall be respected and sought before any exploration will take place.	On the FPIC process in mining applications: Affected NMIPs will decide to approve or deny mining applications after undergoing the FPIC subject to their customary laws. MIPA will only acknowledge the decision of the affected NMIP community.
SECTION 69. Agriculture, Fisheries, and Aquatic Resources. Consistent with the Philippine Fisheries Code of 1998, Republic Act. No. 8550, NMIPs shall enjoy preferential fishing rights in areas that belong to ancestral domains. The MNMIPA shall grant permits to commercial fishing companies intending to fish in waters within ancestral domain upon the issuance of consent by the NMIPs and NMIPs shall be entitled to 20% royalties arising from commercial fishing activities.   NMIPs shall have the authority to enter into or deny proposals for Agribusiness Venture Agreements (AVAs) with individuals or corporate entities.	On the right to self-determination of the NMIP:   NMIPs can enter or deny agreements.
SECTION xx. Pending Ancestral Domain/ Native Title/ Fusaka Inged Claim. Pending ancestral domain applications currently being processed by the NCIP as assisted by agencies, such as the Teduray Lambangian Ancestral Domain Claim, shall proceed in the NCIP unless withdrawn by the affected NMIP/MIP. The MIPA is tasked to urge the NCIP to act with haste in processing pending applications.	BTA must recognize NCIP’s jurisdiction to decide on the pending claim that is submitted to their office prior to the creation of the MIPA.   If not honored, this may run contrary to what BOL's Article IX, Section 3 states, "it shall not in any manner diminish the rights and benefits of the non-Moro indigenous peoples in the Bangsamoro Autonomous Region under the Constitution, national laws, particularly Republic Act. No. 8371, the "Indigenous Peoples' Rights Act of 1997."

In behalf of the TJG Baglalan (Tribal Title Holders)

 

SANTOS M. UNSAD

Titay Bleyen

(Deputy to the Supreme Tribal Chieftain)

May 9, 2024