PROPOSED ALTERNATIVE PROVISIONS to the HB 4994

PROPOSED ALTERNATIVE PROVISIONS

Art II, sec. 1 Bangsamoro Identity

Indigenous Peoples shall refer to all indigenous cultural communities/ indigenous peoples defined under
Indigenous Peoples Rights Act (IPRA).
Art. 3 Bangsamoro Territory
Ancestral domains of Indigenous Peoples shall be recognized and respected in accordance with the
provisions of the Indigenous Peoples Rights Act, UNDRIP and other international instruments .
Art. IX, Sec. 5 Indigenous Peoples Rights
Indigenous Peoples Rights are human, inalienable and collective rights, non-derogable and guaranteed and
defined by and under IPRA and UNDRIP. IPRA shall continue to be in full force and effect. No legislations
enacted by the Bangsamoro Parliament shall have the effect of derogating IP rights, guaranteed by the
Philippine Constitution as expressed under IPRA.
Non Derogation Clause
(Add)
Nothing in this basic law shall diminish or undermine any and all rights and benefits already possessed and
enjoyed by Indigenous Peoples under the Constitution, statutes, customary laws, and international law.
Governance
During the:
- period that Congress is deliberating BBL,
- period prior to the ratification of the BBL and
- during the transition period,
in order to give full force and effect of IPRA, the NCIP shall implement IPRA in the ancestral domains of the
Tedurays, Lambangian, Dulangan-Manobo
Sec. 30, Art. V Exclusive Powers
Protection of the rights of the Indigenous Peoples in accordance with the UNDRIP and taking into account to
economic and geographical criteria, their individual and communal rights, cultural integrity, customary beliefs,
historical and community traditions. The Bangsamoro Parliament shall create an appropriate office or ministry
for the Indigenous Peoples which shall be part of the Bangsamoro Cabinet to develop and implement the
Bangsamoro programs for the Indigenous Peoples with a law passed by Parliament provided that said law is
in accordance with IPRA and, subject to Art. X Sec. 20 of the Philippine Constitution.

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During the bicameral deliberations and during the transition period, IPRA remains effective and the NCIP is
the implementing agency.
Sec. 27 (customary laws) if referring to customary laws of IPs - for DELETION or add provided that
customary justice system of Indigenous Peoples shall be recognized and respected in accordance with
Indigenous Peoples Rights Act (IPRA).
Sec. 29 Ancestral domain and natural resources provided that ancestral domains of Indigenous Peoples shall
be recognized and respected in accordance with the provisions of the Indigenous Peoples Rights Act,
UNDRIP and other international instruments.
Sec. 39 Customary justice if referring to IP justice system - for DELETION or add provided that customary
justice system of Indigenous Peoples shall be recognized and respected in accordance with Indigenous
Peoples Rights Act (IPRA).
Sec. 38 Bangsamoro Settlements add if it falls within ancestral domains, IP rights should be recognized and respected in accordance with
Indigenous Peoples Rights Act (IPRA).
Sec. 57 Add to last sentence provided that Indigenous Peoples rights shall be recognized and respected in
accordance with Indigenous Peoples Rights Act (IPRA).
Section 4 Other Exclusive Powers
f. To enact legislations on the rights of the people of the Bangsamoro to initate measures for the passage,
amendment or repeal of regional or local legislation; to be consulted on matters that affect their environment;
to call for a referendum on important issues affecting their lives; and to recall regional or local officials subject
to Art. X Sec. 20 of the Philippine Constitution.
d. on judicial affirmation IPRA has different options for ancestral lands for DELETION
Reserve Seats
Delete reserve seats per sector
allot at least 2 reserve seats as representatives of the following indigenous peoples but not limited to the
Teduray, Lambangian, Dulangan-Manobo
Intergovernmental Relations
Add: sec 1a Relationship between Indigenous Peoples and Bangsamoro People shall be defined by equality
between peoples guided by mutual respect and peaceful co-existence.
In cases of derogation of rights of Indigenous Peoples, the mechanisms provided in the IPRA shall prevail.

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Bangsamoro Justice Systemi

Sec. 24 Office for Traditional/Tribal Justice System There is hereby created an Office for Traditional/Tribal
Justice System responsible for the delivery of financial, technical, legal and other institutional support to the
tribal justice system within the Bangsamoro. The powers and functions of the Office shall be defined by the
Bangsamoro Parliament.
Normalization
c./o Position Paper
Plebiscite
c/o Position Paper

This proposal is a product of series of consultations and discussions on the BBL conducted by the study
group composed of leaders of the Indigenous Political Structures of the Teduray and Lambangian and
Erumanen nu Menuvu, known as the Timuay Justice and Governance and Gempa nu Kamal te Kalindaan
ne Erumanen ne Menuvu respectively, and leaders from civil society organizations working for human
rights, social justice, and peace.

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