October in the Philippines is known to be Indigenous People's Month. So, you can witness various festive events celebrating the cultures, traditions, heritage and triumphs of more than a hundred ethnic identities in the country led mostly by the National Commission on Indigenous People's (NCIP)
The proclamation to have a month-long observance for the Indigenous Peoples is remarkable. It meant a lot because this is recognition and acknowledgement of a particular people or group of identities in the country that has distinct narrative, cultures, traditions, and systems of justice and governance.
But, the supposed to be a month for the IP and make the unresolved issues and struggles be the center, it turns out to be ceremonial and compliance for the government. Shallow and not dealing seriously the recurring issues of dispossession, red tagging, inequality, hunger, denial of the bundles of rights among others.
There may be important efforts for access to social services and clan-based ancestral domain claim advances that helped IP communities somehow, but overwhelmingly they continue to suffer inequality and socio-economic and political injustices.
On Tuesday (October 29), again the country for the 27th year will celebrate the passage of a monumental law for IP Rights - The Republic Act 8371 or IP Rights Act of 1997. The law may fall short on many aspects but it's already a helpful instrument for IP Rights claiming.
What to celebrate for the Manobo-Pulangiyon?
The Manobo-Pulangiyon tribe in Kianteg, Quezon, Bukidnon was denied again to repossess their Ancestral Domain despite a Certificate of Ancestral Domain Title (CADT) issued by the NCIP (pursuant to the IPRA (RA 8371, section 52(a)) based on the Certificate of Ancestral Domain Claim No. R10-CADC-135 issued by the Department of Environment and Natural Resources (DENR).
But the whole of the NCIP and the RA 8371 becomes powerless against the Kianteg Development Corporation that insisted its occupancy in the claimed ancestral domain using the expired (December 31, 2018) Forest Land Grazing Lease Agreement (FLGMA No.122) issued by the DENR.
It is very clear then. The FLGMA expired in 2018, the CADT was issued in 2023. What power does a corporation (KDC) stand against a National Law then?
On October 21, 2024 upon the commitment of the NCIP National Office to install the Manobo-Pulangiyon in the CADT covering the ancestral domain attempted to reclaim and repossess the land but there was no NCIP from the National Office. Only personnel from the region (NCIP X) came who cannot even argue with the blocking Police personnel in the checkpoints purposely installed on that day. Support human rights and religious groups were denied entry to be with the tribe. Even the provincial Indigenous People's Mandatory Representative of Bukidnon was denied to join his fellow IPs and his constituency.
The Manobo-Pulangiyon have been living along the highway of Quezon, Bukidnon for years already. This year, they are denied again of their right to be back home to their ancestral domain and start building their future again together. In this very October, Indigenous People's Month 2024. How can one greet Happy IP Month to this tribe? How can one dance and celebrate the festive community upon knowing the sad plight of this community?
What is missing here? The political will to implement the law and install the Manobo-Pulangiyon in their ancestral domain located in Kianteg, Quezon, Bukindon. The NCIP as the sole agency tasked to complete the process should be called upon to fulfill its duty to the ICCs/IPs like that of the Manobo-Pulangiyon.
Since 2017, there are around a thousand Manobo-Pulangihon tribal families living in the streets of Quezon town in Bukidnon who were driven away from a nearly 1,000-hectare property they called their ancestral land in Barangay Kianteg Butong and San Jose in Quezon by the Kianteg Development Corporation backed by the local government unit.
Molbogs and Palaw’ans in Palawan can’t celebrate IP Month yet
Molbogs and Palaw’ans tibres in the Islands of Bugsuk, Pandanan and Mariahangin are still fighting for already 50 years for their 10,821-hectare ancestral land subjected by the late dictator Marcos Sr under the failed agrarian reform.
Molbogs were early settlers of Balabac in Souther Palawan hails from Borneo. Mainly is a fishing and a farming tribe and been Islamized due to its active interaction with the Mindanao Taugus tribes. Whle the Bugsuk Palaw’an is an agrarian subtribe of the Palaw’ans in Southern Palawan belonging to a bigger Manobo ethnic group in the Philippines.
The Bugsuk Palaw’an is a subtribe of the Palaw’ans living in Southern Palawan and is known to be an agrarian tribe.
They shared the islands with other ethnicities and identities from Visayas and other parts of the country in the 1940s.
Around 3,000 families, mostly Molbogs, Palaw’anese, and Kagayanens were displaced by force after the late president Ferdinand Marocs, Sr granted the disputed areas to his crony, business tycoon Eduardo “Danding” Cojuangco Jr. in 1974 for a seedling nursery of hybrid coconut trees under the premise of the government’s agrarian reform policy. They were forced to sign blank pieces of paper and with the aid of the military they had no choice but to leave their homes. Manuel Cojuangco, Danding Cojuangco’’s brother partnered with a French businessman Jacques Branellec to establish the Jewelmer International Corporation—one of the world’s largest south sea pearl producers that led to more repression and violence against the Indigenous Peoples in the area from land grabbing, shrinking fishing grounds, and gun violence.
In year 2000, the SAMBILOG - Balik Bugsuk Movement’s was formed and attempted to reclaim land including the filing for a Certificate of Ancestral Domain Title (CADT) by the Molbogs and Pala’wans in the National Commission of Indigenous People (NCIP) which was approved by the said agency in the same year after going through the tedious process and validations. Dialogue with the Balabac Local Government Unit and Jewelmer corporation was also undertaken,
After the ouster of President Estrada, the Gloria Arroyo administration issued order to hold all approved CADTs. To this date, the certification of the ancestral land remains pending. While the Balabac LGU passed an ordinance in 20025 declaring the Balabac waters as protected marine eco-region. This ordinance restricted the tribes from fishing and passing through the area adding more burden to the coastal area dependent tribes. And in 2014 the movement appealed for the inclusion of the Bugsuk island under the Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) which led the Department of Agriculture (DA) to put the area under a Notice of Coverage (NOC) in June just to ensure that there shall be no ownership allowed in the territory and to allow investigations to push through in determining the validity of a CARPER petition. But in May 2023 a report came out to discredit the appeal for CARPER NOC saying that the Mariahangin island is not suitable for crop production which is not true. This led to the rejection of the NOC application under CARPER.
These days the denial of the right to ancestral domain of the tribes continues. Bugsuk Island Eco-Tourism Development Project is in full implementation under the San Miguel Corporation. Over half of the 10,821-hectare ancestral land or 5,567.54-hectares has been developed into construction, roads, runways, power and water facilities
The local communities and tribes experienced harassment and repression from the corporate entity witnessed by the government.
The NonMoro IPs in the BARMM
In 1995, the tribes Teduray and Lambangian in Maguindanao province and part of Sultan Kudarat and Cotabato City thru its title holders reconvene and reintroduce to the public its Indigenous Political Structure, the Timuay Justice and Governance that eventually on year 2002 held its first tribal assembly or Timfada Limud.
The TJG then actively pushed to ensure that in the peace processes in Mindanao their right as a people be considered and should not be left out in different tables.
The Teduray and Lambangian tribes applied for a Unified Ancestral Domain Claim in the NCIP on 2005. TJG is recognized as the IPS of the Teduray and Lambangian after tedious process again of documentation and validation by the NCIP.
Before the passage of the IPRA in 1997, the peace agreement between the Moro National Liberation Front and Government of the Philippines signed the final peace agreement. In the implementation of the peace agreement, huge parts of the ancestral domain claim were awarded to former rebels under the Integrated Forest Management Agreement (IFMA) e.g. IFMA 005. With this lesson, the Teduray and Lambangian tribes actively participated in the new Moro Islamic Liberation Front and Government peace process campaigning for the recognition of their rights prescribed under all instruments nationally and internationally. A regional policy to recognize the TJG was passed but there was no conscious and exerted effort for the previous Autonomous Region in Muslim Mindanao (ARMM).
Fast forward, the Government and the MILF signed the final peace agreement on 2018 institutionalizing the enhanced Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). In the crucial period in the campaign for the passage of the Bangsamoro Organic Law or the law giving birth to the BARMM, the IP or self-ascribed Non-Moro Indigenous Peoples to distinctly identify themselves not belonging to the Moro ethnic groups have successfully lobbied to put in the BOL the IPRA, UNDRIP and other instruments in the land as the basis of their claims as minority inside the BARMM.
While actively pushing for the inclusion of IP Rights in the BOL, the ancestral domain claim was pursued along. It is only waiting for the en banc decision to the issuance of the CADT. But dawn of the Bangsamoro Transition Authority or the appointed Parliament body prior to the formal election in the region, the Parliament passed a resolution ordering the cease and desist of the delineation process of the TLADC.
Meanwhile, there were already declarations of mineral reservations inside the ancestral domain claim, threats of mining operation becomes cleaere, land grabbing and harassment to the Teduray and Lambangian communities. Since 2018 according to the TJG there were already 76 killings of leaders and members of the tribes.
Supposed to be, the BTA in transition has to pass an IP Code before a regular election conducted as an important part of the transition. It is expected that the law should be a product of the democratic discussions and consultations of the NonMoro tribes inside the BARMM. But for the two BTAs in session, no law is passed. There is always an attempt to pass a compromised version.
Today, no delineation process of the ancestral domain claim and no genuine IP Code as manifested in the agreement and the BOL during transitions.
Aside from the declarations of mineral reservation areas and identifying lands and territories inside the ancestral domain claim for agribusiness and mining, the two declared major camps of MILF that is subjected for Camp Transformation (Omar and Badre) are located also inside the ancestral domain claim. And camp transformation plans were drawn without the democratic participation of the NonMoro IP Teduray and Lambangian.
Since IPRA's passage, the IPs and the NMIPs in the ARMM, now BARMM did not experience what this law really was intended for.
TBC....
Read:
On Manobo-Pulangiyon struggle
April 22, 2022 MPPM-Caraga Statement on the shooting incident against the Manobo-Pulangiyon reoccupying the ancestral domain in 2022.
https://www.facebook.com/share/p/jHjma1YXHv6nRWCq/
https://www.rappler.com/.../national-commission.../
https://www.rappler.com/.../displaced-families-live.../
https://www.rappler.com/.../displaced-bukidnon-folk-urge.../
Palawan IP Struggles explained:
https://www.explained.ph/.../explainer-plight-of-southern...
and
https://iprights.org/.../san-miguel-corporations-eco...
NonMoro IP Teduray and Lambangian
https://www.europe-solidaire.org/spip.php?article5255
https://mindanawonline.blogspot.com/.../a-genuine-non...
https://www.rappler.com/.../indigenous-people-oppose.../...
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