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0', iNO, Republic of the Philippines
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\ OFFICE OF THE PRESIDENT
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
>t:# 2nd Floor N. del a Merced Bldg., Comer West & Quezon Aves., Quezon City
"." Tel. Nos. 373-9534 Trunklinc 575-1200
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", 1 JJAti LOW,
.uV.1J.1 ,I 1:; Pl' I
OFFICE OF THE CHAIRPERSON LTD .j
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: LL:;.;aj ,1fflJl:<, O//j{'C
. (()9'/:mU;'lIl 201J)
FOR:THE COMMISSION EN BANe
RE: Application of RA 8371 in the ARMM
! INTRODUCTION
.' With the Advent of the Bangsamoro Framework Agreement signed by
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government and the Moro Islamic Liberation Front (MILF), we are now
:at:! a curious juncture as to the future of lumads in Mindanao once the
basic law is in place. In a briefing in Davao City, Chainnan
Colonel-Ferrer assured that "customary laws and indigenous dispute
:re'solution mechanisms shall be recognized in the administration of justice in
:the Bangsamoro; and that IPs rights in the Constitution, IPRA and even
laws and covenants were provided in the framework
iiagreement". Further, she urged indigenous groups to propose development
'projects for their comn1unities, adding that they should utilize the
iAutonom.ous Region in Muslim Mindanao (ARMM) as an arena to secure
rights and ancestral domain claims."
:: Though the statement offered a room of assurance to IP groups, the
n1essage echoes a reminder to the NCIP that it has a small margin of
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:opportunity to extend its helping hand to the ICCs/lPs before the basic law
lcci;mes full circle. It means, the NCIP can do a lot of things that are within its
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[authority and financial and technical capacity to pursue plans and programs
Ifar the protection and recognition of the rights the ICCs/IPs in the ARMM
while preparations for the Bangsamoro framework is underway.
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ITRE LUMADS.AND THE MOROS
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i; The Lumads view themselves as distinct from Moros because they did I
:not convert to Islam centuries ago. Both groups are indigenous to
iMindanao. Moros, however, do not for the most part refer to themselves aSf
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"iI).digenous peoples" because they have sought to establIsh a separate
ipqlitical identity. There are approximately eighteen major non-Muslim
ethnic groups in Mindanao for a total population of roughly nine
Lmillion. Within the Autonomous Region of Muslim Mindanao (ARMM),
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jiLt.'unads account for only 2 percent of the population (around 60,000)
! compared to Muslilns who constitute 90 percent (roughly 2.5 nlillion). Most
"Lumad communities are in remote areas, where poverty is high, education is
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and government services poor or non-existene
i There is not much binding the non-Muslim indigenous peoples of
:, together. In contrast, the thirteen ethno-linguistic groups who
, known as the Bangasamoro share one faith, Islam, and COlnmon identity,
; ifI' one vaguely defined. Nevertheless, at the founding congress of the
; ofganization LUlnad Mindanaw in June 1986, representa6ves from fifteen
: different tribes began using the term "Lumad" to refer to the indigenous
, of Mindanao. Like the Moros, the Iumad experienced cycles of land
i gJJabbing and displacement as Mindanao was incorporated into the
, state over the course of the twentieth century. During the
i American colonial period (1898-1946), tribes lost control over their land
because of legislation that did not recognize customary property rights,
the way for an influx of Christian settlers from elsewhere in the
Anned conflict in Mindanao erupted in the 1960s and 1970S - the
:; governlnent was simultaneously fighting the communist New People's
'i Mmy(NPA) and the Moro National liberation Front (MNLF). The loss of their land
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:' is not just a historical injustice for the Lumad; territory is integral to their
, identity and the basis of tribal self-governance. The tribes likely to be
: affected by a final settlement with the MILF are scattered across Central
the Zamboanga peninsula and the Sulu archipelago. Of those already
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v0thin the ARMM, the most numerous are the Teduray-Lambiangian ofMaguindanao
that number roughly 60,000. There are smaller numbers of Dulangan Manobo and
! in Maguindanao as welL In Lanao del sur there are Higaonon, while the Badjao
of Basilan, Sulu and Tawi-Tawi also identifY themselves as "non-islamized ethnic
! groups". Several other tribes live around the fringes of the ARMM, including the
Erumanen-Menuvu in North Cotabato.
I The Lumad have lived alongside the Moros for centuries, with some
intermarrying and even taking up arms for the MNLF and MILE, but
. persist. This history, as passed down through oral tradition, is
I' c1bntentious and pivots on conflicting narratives of oppression. On the
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1 :Indigenous Rights and the MILF Peace Process @ www.academia.edu
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haihd, many Lun1ads lament their ancestors' enslavement by the
Muslim leaders). On the other, Many Moros are baffled as
to',why the tribes cannot see who the real interlopers in Mindanao are: the
Cl1ristian settlers. They say that it was the government, not the Sulu or
M'kguindanao sultanates that once ruled much of what is now southern
which passed discriminatory legislation and took indigenous
"lahds. As a member of Moro Civil society commented: "The Lumad is
, illogical-that they would side with the oppressor". Lumad activists strongly
: As a woman activist based in Davao said, the "tradition of
oppression" was with the Moros, not the Christians: "We will never subject
ourselves to Moro domination. This [efforts to secure a Bangsamoro sub
state including ancestral land land] is just a continuation of efforts to
, cQnquer us during the sultanate".2
1 This history bears on the present in several ways. The Lumad of
dentral Mindano believe they share ancestors with the Maguindanaon and
Maranao, two of the largest ethnic groups that make up the Bangsamoro
and the two dominant groups in the MILF. In the version heard in the
Cotabato area, there were two brothers, one of whom, Apu Tabuna-way,
I' c;pnverted to Islam while Apu Mamalu did not. Many tribes explain how
I traditional peace pacts agreed between their ancestors and Maguindanaon
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Maranao elders divided Mindanao along the lines of ethnicity and
r'eligion. Lumad leaders have increasingly invoked these ancient pacts in the
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qontext of the peace process although there is no written record of them.
They say these agreements provide the basis for mutual respect and
qoexistence and can help achieve a just peace in Mindanao. Tribal leaders
and the panel appointed to negotiate on behalf of the MILF with the Aquino
government agreed during a dialogue in Cagayan de Oro on 12 June 2011 to
f,eaffirm these pacts.
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I, \Nhile this may dispel son1e mistrust, what matters is the impact, if
any, such gestures will have on the peace process. The content of the pacts
ren1ains obscure and the boundaries between Moros and Lumads have
::;hifted overtinle. As a prominent member of the Moro civil society pointed
put, it is unclear if these traditional agreements entailed the division of
territory and systems of governance. An Erumanen-Menuvu datu (tribal
Ichieftain) from North Cotabato disagreed, saying: "That boundary [between
:, IMoro and Lumads} is not only a boundary of territory, it is a boundary of
ifaith, a boundary of economic activity, a boundalY of political rulings ... it
? Ibid, page 3
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a 'boundary of everything". Others question whether the MILF as an
has the authority to reaffirm pacts that were originally
,i c6ncluded between tribal leaders and Maguindanao and Maranao elders,3
i The Lumads remain on the sidelines of the peace process and have
of reason to be worried. They fear they will be the "sacrificial lambs"
of a final settlement because they are not a party to the negotiations.
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i 'EI-IE ARMMAND IPRA
In 2000, the powers of the ARMM were expanded to include the
r:esponsibility of the Regional Government to protect the ancestral
of the Lumads in the ARMM. Since the NCIP's powers and
were not devolved to the ARMM, the regional assembly
Resolution No. 269 that became the basis of a memorandum of
, Ifmderstanding between the NClP and the Regional Government to make the
, IPRA as the legal fran1ework for IP /ICC rights while legislation of a local
version of IPRA is being undertaken by the Regional AsselTIbly.
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Sometime in 2008, the Regional Assembly enacted Act No. 241, known
as "An Act to recognize, respect, protect and prOlTIote the rights, governance
and justice systems, and customary laws of the indigenous peoples/tribal
peoples of the ARMM". The local law reaffirmed the policies and principles
,enshrined in the IPRA and international law.
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!", In 2012, the rules and regulations implelTIenting the local law was
,Passed. One of the highlights of such IRR gave emphasis to the processing of
,CADTs/CALTs:
Rule IX, Section 1
ax X X Until the NCIP-ARMM is organized, the osee shall
accept applications for certificate of Ancestral Domain
Title/Certificate of Ancestral Land Title (CADT/CALT) as the
authorized agent of the NCIP. And upon acceptance of the
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application, forward such applications to NCIP for processing. Xa4
x x" "
3 ibid
4 ibid
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ISSUES
The pressing issues are outlined hereunder:
(1) Can the NCIP process and issue CADTs/CALTs over ancestral
domain/land claim application in the ARMM?
(2)Can the NCIP extend recognition of the IP Muslillls in the
ARMM?
(3) Does it have the authority to implement the Mandatory
Representation in the ARMM?
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DISCUSSIONS/RECOMMENDATIONS
(1JCADT/CALT applications in
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theARMM
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The NCIP can process CADT /CALT applications within the ARMM.
There is no limitation of this authority in the law, and that the powers and
fpnctions of the NCIP were not expressly devolved in the ARMM
autonomous government. Further, the local legislation (Act No. 241) and its
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,iUlp]enlenting rules and regulations have expressly acknowledged the
: of the NCIP to delineate ancestral domain/land clailTIS in the
! ARMM. However, to avoid legal complications and legal challenges that
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i: rl1ight devour the short remaining time, the NCIP must respect the
Ii Rfocedures outlined in the IRR of Act No. 241. Thus, all applications must
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" first be accepted by the OSCC, the authorized agent of NCIP under the IRR,
before the NCIP processes the same pursuant to RA 8371 and all relevant
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r,egu atlOns.
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Considering the shortness of time, the NCIP is advised to initiate a
4ialogue with representatives of the Regional Governor, OSCC and OPAPP
the possible of an that will thresh out the mechanics,
procedures, technIcal support servIces and fund allocations of CADT /CALT
for delineation. The agreenlent is necessary to bind these offices of
'Tommitments, timetables, tasking, and their coordinative efforts to ensureQ1.-
:, tpat target outputs will be accomplished in due time. I'
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; 02) Recognition ofIP Muslims
. in theARMM
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, This function is lodged with the OSSC under its charter when it was
dkvolved with the ARMM and is mandated to carry that task while the
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ARMM is in existence. This function was reaffirmed and strengthened in Act
No. 241 and its IRR, thus:
Rule IV, Section 3.
(The ICCs/IPs/TPs concerned shall have the sole power to
atxthenticate indigenous leadership titles and certificate of
membership. The ICCs/IPs/TPs shall have the following rights:
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(a) Right to Confer Leadership Titles. The ICCs/IPs/TPs
concerned, in accordance with their customary laws and
practices, shall have the sole right to vest titles of leadership.
(b) Recognition of Leadership Titles. To forestall undue
conferment of leadership titles and misrepresentations, the
ICCs/IPs/TPs concerned, may, at their option, submit a list of
their recognized traditional socio-:-political leaders with their
corresponding titles to the oscc. The OSCC shall conduct a field
validation of said list and shall maintain directory thereof.
I (c)Issuance of Certificates of Tribal Membership. Only the
recognized registered leaders are authorized to issue certificates
of tribal membership to their members. Such certificates shall
be confirmed by the osce based on its records and shall have
effect only for the purpose for which it was issued. The osce
shall support the initiatives, projects and activities of the
ICCsjIPs/TPs that will strengthen and develop their socio
political and leadership systems."
, Nevertheless, the NeIP must negotiate that this matter be included in
the agreement for purposes of fast tracking the process and for the allocation
of funds to D1eet the target.
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(B) Mandatory Representation
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,. iin the ARMAI Legislative Government
This function was carefully spelled out in Act No. 241 of the ARMM
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its IRR. The local law expressly. recognized the rights of thegt
ICCs/IPs/TPs participate fully in all levels of decision-making, and ensured
mandatory representation in the policy making bodies and other local
lepisIative councils.
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i This legislation can be the starting point of a negotiation with ARMM
but needs to be included in the agenda to be presented in the proposed
dialOGue so that it will be part of the agreement between the concerned
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I, agencies of the governnient.
GHALLENGES
(a) It may take a year or less for the Bangasamoro basic law to be fully
implemented in identified areas in Mindanao. This small window
of opportunity might not be sufficient for the NCIP to fully attain its
target in delineating AD / AL in the ARMM areas, taking into
consideration boundary conflicts, political entity interventions, and
complaints and cases that may arise during the delineation;
(b) For one, the limitation of its budget and shortness of technical
personnel to conduct survey activities might hamper the processing
ofCADT/CALT applications;
(c) Tasking is one problem. The Commission has to identify what
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NCIP region or regions will implement the program. If not feasible,
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composite teani or a task force must be created by the Commission
to deal with the gargantuan tasks. Whatever arrangement is made,
it is very clear that some on-going tasks and programs in other
areas and regions must be sacrificed to accommodate the urgency
of the ARMM targets;
(d) Legal challenges are not farfetched. Third parties who may be
affected by the ongoing delineation are expected to file cases in the
courts to challenge our authority in extending our jurisdiction over
the ARMM areas. Though we truly believe that there are no legal
impediments in doing so, we cannot stop affected parties to raisE!}t
questions in the proper fora.
Submitted this 9
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day of January 2013.
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Legal Mfairs Office
By:
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ATTY. ARTHUR K. HERMAN
Noted:
A'ITY. FLORITA
Ole Director
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