Editorial posted to the MILF Website (Apr 1-7): The Issue of Ancestral Domain in the Bangsamoro
April 1-7, 2014 ::The Moro Islamic Liberation Front (MILF) fully respects the Indigenous Peoples’ Rights Act (IPRA) as a law enacted by Philippine Congress. But its application in the future Bangsamoro political entity has never been agreed as part of signed documents, especially in the Comprehensive Agreement on the Bangsamoro (CAB). The MILF consistently staved off attempts --- and succeeded --- in excluding the application of this conceptual legal framework in the Bangsamoro. It is too narrow and restrictive.
April 1-7, 2014 ::The Moro Islamic Liberation Front (MILF) fully respects the Indigenous Peoples’ Rights Act (IPRA) as a law enacted by Philippine Congress. But its application in the future Bangsamoro political entity has never been agreed as part of signed documents, especially in the Comprehensive Agreement on the Bangsamoro (CAB). The MILF consistently staved off attempts --- and succeeded --- in excluding the application of this conceptual legal framework in the Bangsamoro. It is too narrow and restrictive.
As far as the CAB is concerned, there is only one ancestral domain in the Bangsamoro; and this ancestral domain is owned by Moros and indigenous peoples (IPs) particularly the Tidurays, Lambangian, and Dulangan Manobos. (By the way, Moros are also indigenous). If outside of the Bangsamoro, the concept of ancestral domain is more tribal in application, here it is elevated to a more national in character, because the term “Bangsamoro” becomes an identity, similar or at par with “Filipino”. Both are national identities.
There are facts that support this discourse. The Maguindanaons and Tidurays have only one ancestral root; they are the descendants of the two brothers, Mamalu and Tabunaway. Therefore, both in ancestry and domain, they are one and cannot be separated. Besides, North Upi and South Upi, where the descendants of Mamalu dwell, have large Maguindanaon populations. Besides, the other municipalities bordering these two municipalities have mixed Maguindanaon and Tiduray populations. Therefore, an outright delineation cannot be possible; it would only create trouble. What is possible is “identification” of areas occupied, possessed, or owned by the Maguindanaons and Tidurays.
In the Annex on Power-sharing, ancestral domain and natural resources are part of the exclusive powers of the Bangsamoro. But in order to allay the fears of the IPs, whether founded or otherwise, a safety clause for their protection was added in the document, which reads: “Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of the Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community tradition.” Besides, the NCIP was not devolved to the ARMM, which instead has the Office of the Southern Cultural Communities (OSCC) to take charge of the affairs and interests of the IPs. On top of all reasons, it was not the Moros or Muslims who “grabbed” the landholdings of the IPs anywhere in Mindanao. The truth is that both Moros and IPs are victims of this massive landgrabbing in Mindanao. They should, therefore, unite not disunite --- and not intrigued by “evil whisperers”.
We should also understand that the signing of the CAB was only made possible after 16 long years of hard and harsh bargaining in the negotiating table and after more than forty years of bloody armed conflict in Mindanao that claimed the lives of 150,000 people and billions of pesos worth of properties. And it was mostly Moros’ lives lost in the conflict, not other peoples’. The Moros paid for it dearly.
We appeal to groups especially former (or current) members of the rejectionist faction of the Communist Party of the Philippines, the National Commission on Indigenous Peoples (NCIP), and a local non-government organization based in Cotabato City, which received a huge grant of money from an international donor institution for the so-called “delineation of ancestral domain” of the indigenous peoples in the Autonomous Region in Muslim Mindanao (ARMM), particularly in the province of Maguindanao and Lanao del Sur, to respect the arrangement set forth in the CAB. It is not helping the peace process. However, in order to sort out things and come to full understanding, the MILF is willing to hold a dialogue. Please let us know.
http://www.luwaran.com/index.php/editorial/item/900-the-issue-of-ancestral-domain-in-the-bangsamoro
There are facts that support this discourse. The Maguindanaons and Tidurays have only one ancestral root; they are the descendants of the two brothers, Mamalu and Tabunaway. Therefore, both in ancestry and domain, they are one and cannot be separated. Besides, North Upi and South Upi, where the descendants of Mamalu dwell, have large Maguindanaon populations. Besides, the other municipalities bordering these two municipalities have mixed Maguindanaon and Tiduray populations. Therefore, an outright delineation cannot be possible; it would only create trouble. What is possible is “identification” of areas occupied, possessed, or owned by the Maguindanaons and Tidurays.
In the Annex on Power-sharing, ancestral domain and natural resources are part of the exclusive powers of the Bangsamoro. But in order to allay the fears of the IPs, whether founded or otherwise, a safety clause for their protection was added in the document, which reads: “Protection of the rights of the indigenous peoples in the Bangsamoro in accordance with the United Nations Declaration on the Rights of the Indigenous Peoples and taking into account, in addition to economic and geographical criteria, their individual and communal property rights, cultural integrity, customary beliefs, historical and community tradition.” Besides, the NCIP was not devolved to the ARMM, which instead has the Office of the Southern Cultural Communities (OSCC) to take charge of the affairs and interests of the IPs. On top of all reasons, it was not the Moros or Muslims who “grabbed” the landholdings of the IPs anywhere in Mindanao. The truth is that both Moros and IPs are victims of this massive landgrabbing in Mindanao. They should, therefore, unite not disunite --- and not intrigued by “evil whisperers”.
We should also understand that the signing of the CAB was only made possible after 16 long years of hard and harsh bargaining in the negotiating table and after more than forty years of bloody armed conflict in Mindanao that claimed the lives of 150,000 people and billions of pesos worth of properties. And it was mostly Moros’ lives lost in the conflict, not other peoples’. The Moros paid for it dearly.
We appeal to groups especially former (or current) members of the rejectionist faction of the Communist Party of the Philippines, the National Commission on Indigenous Peoples (NCIP), and a local non-government organization based in Cotabato City, which received a huge grant of money from an international donor institution for the so-called “delineation of ancestral domain” of the indigenous peoples in the Autonomous Region in Muslim Mindanao (ARMM), particularly in the province of Maguindanao and Lanao del Sur, to respect the arrangement set forth in the CAB. It is not helping the peace process. However, in order to sort out things and come to full understanding, the MILF is willing to hold a dialogue. Please let us know.
http://www.luwaran.com/index.php/editorial/item/900-the-issue-of-ancestral-domain-in-the-bangsamoro