Loyukan urges the Bangsamoro Transition Authority to pass a genuine Non-Moro Indigenous Peoples’ Code
 |
| NMIP Teduray observing ritual. Photo: NMIP |
We assert that the Bangsamoro Transition Authority’s decision over which Indigenous peoples bill to pass will be a major turning point for the lives and rights of NMIPs in BARMM. We are strongly opposed to the bill that the BTA is currently considering, the “Bangsamoro Indigenous Peoples Development Act” (Bill 273), and instead recommend Bill 166: “The Non-Moro Indigenous Peoples Rights Act in the BARMM”.
In 2018, the passage of the Bangsamoro Organic Law (BOL) was a major victory for NMIPs because their efforts resulted in a mandate for the Bangsamoro government to “recognize and promote the rights of non-Moro indigenous peoples within the framework of the Constitution and national laws.” In addition, BOL Article IX, Section 3 mentions specific rights for Indigenous Peoples including the right to native titles, Indigenous customs and traditions, Free Prior Informed Consent, Justice systems and Indigenous Political Structures, and political participation in the Bangsamoro government. It also states that “Any measure enacted by the Parliament shall in no way diminish the rights and privileges granted to indigenous peoples by virtue of the United Nations Declaration of the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights”, and that the “Organic Law 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, otherwise known as the ‘Indigenous Peoples' Rights Act of 1997’”. However, there is still a long way to go: the rights of NMIPs have yet to to be articulated in the proposed IP Code, and communities on the ground continue to face major human rights violations.
The NMIPs, namely the Tëduray, Lambangian, Mënubu Dulangan, Blaan, Higaonon, and other Indigenous Peoples in BARMM who ascribe as NMIPs, have struggled to assert for their distinct identity in the BARMM, and for the protection of their rights as NMIPs. Despite the recognition of these rights under the BOL, NMIPs continue to face unique forms of oppression, and large scale human rights violations that must be addressed through further legal protections designed to uphold their collective rights. Furthermore, the distinction between NMIPs and Bangsamoro is not new: there is legal precedent for this distinction in Republic Act No. 6734 (which provided the legal basis for the ARMM), as well as in the administrative separation between Bangsamoro and Indigenous Peoples in the National Government. Legislative rights addressing the unique needs of NMIPs will not take away from the rights of other Bangsamoro peoples.
Bill 273 is not responsive to needs and aspirations of the NMIP communities. The proposed IP Code is supposed to protect, yet fails to uphold the intent of BOL for a number of reasons. First, the bill fails to provide meaningful rights specific to NMIPs, and also fails to uphold freedom of choice, and self-ascription for NMIPs. The title of the bill makes no mention of NMIPs, and the only time NMIPs are mentioned is in Sec. 27 (Creation of Tribal Local Government Units) to "create tribal, local government units with a substantial population of non-Moro IPs" and in Sec. 56 (Creation of Banobo Center) to "facilitate cultural exchanges between non-Moro and Moro youth."
Additionally, Bill 273 fails to recognize and protect NMIPs’ rights to ancestral domains, and thus erases their right to exist as a people. The bill does this by creating a single shared ancestral domain for the entirety of BARMM, that effectively dismisses the claims of NMIPs to their respective ancestral domains that they have lived on since time immemorial. Additionally, the bill lacks any protections for NMIP communities and peoples that have faced large scale displacement and human rights violations as a result of the Camps Transformation Program (which is part of the Normalization Process). The bill must also include mechanisms to restore the ancestral domain areas affected by the Normalization Process to NMIP rights holders. Finally, pending Certificate of Ancestral Domain Title claims, such as the Teduray Lambangian Ancestral Domain Claim, and existing CADTs in the Special Geographic Areas (SGAs), which BARMM has recently annexed, must be recognized.
Furthermore, Bill 273 fails to ensure that NMIPs can freely determine their economic, social, and cultural development. The bill intends to create the Fusaka Inged Development Authority (FIDA) that has a mandate to negotiate terms and conditions for the exploration of natural resources within the “shared ancestral domain”, instead of supporting and vesting power in already existing Indigenous Political Structures, and their Ancestral Domain Sustainable Development and Protection Plans (ADSDPP). Following from this, Bill 273 fails to provide clear and stringent free, prior, and informed consent (FPIC) guidelines that allow NMIPs to approve or deny applications and agreements relating to the use of their Ancestral Domain by outsiders. A bill responsive to NMIP communities would also ensure that FPIC processes follow the indigenous people’s customary laws and processes. A budget must also be allotted for Gender and Development that is designed to meet the needs of NMIP women and members of the LGBTQIA+ community.
Finally, Bill 273 fails to fully guarantee adequate NMIP representation in Parliament and other local government units by not articulating these in the said bill. This representation should align with the NMIP political representation provided by BOL. The qualifications for the Indigenous Peoples Representative, and for the minister of MIPA must be clearly stated in the bill.
If the BTA goes ahead with Bill 273, it would be failing to comply with the BOL, the Indigenous Peoples Rights Act of 1997 (IPRA), the 1987 Philippine Constitution, as well as International Treaties, Conventions and Declarations such as the United Nations Declaration on Human Rights, the United Nations Declaration of the Rights of Indigenous Peoples and ILO Convention 169. We strongly believe that Bill 273 diminishes the rights and benefits of the non-Moro Indigenous Peoples in the Bangsamoro Autonomous Region under the Constitution, and national laws, particularly Republic Act. No. 8371, the "Indigenous Peoples' Rights Act of 1997."
The Bill 273 will result in massive displacement, and human rights violations, and is akin to the erasure of NMIPs. Loyukan reiterates the call for the BTA to strongly consider passing Bill 166, “The Non-Moro Indigenous Peoples Rights Act in the BARMM,” a bill backed by NMIP communities, and Indigenous political structures.
--------------------
LOYUKAN
A formation of Indigenous Peoples Organizations, IP Rights Advocates, Human Rights Organizations pushing for the full inclusion of IP rights in the BARMM with core members:
Presented and Submitted to:
Committee on Indigenous Peoples’ Affairs
BARMM IP Code Public Consultation
May 24, 2024 / Quezon City
Comments
Post a Comment