MILF: Speech of BTC Chair Mohagher Iqbal at Solidarity Event (May 23)

Posted to the MILF Website (May 27): Speech of BTC Chair Mohagher Iqbal

Solidarity Event, May 23, 2014
Sharingri-la EDSA Hotel

Courtesies

I welcome you all to this event of celebration, solidarity, and hope. I thank you all for your presence in this solidarity event.

We celebrate today the consensus reached in the Bangsamoro Transition Commission (BTC) of the proposed public policies governing the Indigenous People in the Bangsamoro. This consensus was possible because of the historical kinship that all indigenous people in Mindanao share for centuries of struggle against all forms of colonization. This solidarity and kinship makes us hopeful and confident that we will overcome more challenges in our collective and continuing assertion for self-determination. 

The provisions on the IPs in the proposed Bangsamoro Basic Law (BBL) are consistent and build on the terms of the Comprehensive Agreement on the Bangsamoro (CAB).  Let me provide you the main features of the draft provisions.

The heart of this section is the recognition by the Bangsamoro government of the rights of the indigenous peoples and it is mandatory that it adopts measures to protect and promote IP rights particularly the following:

1) The right of the IPs to their native titles and/or fusaka inged, indigenous customs and tradition, justice systems and indigenous political structures;

2) Right to an equitable share in revenues from utilization of resources in their ancestral lands;

3) Right to free and prior and informed consent;

4) Right to political participation including at least two (2) reserved seats for the IPs in the Parliament;

5) Right to basic services and;

6) Right to freedom of choice as to their identity.

The reserved seats in the Parliament were expressly identified as allocated for the Tedurays, Lambangian, Dulangan Manobo, Blaan and Higaonon. The customary processes of these IP groups will generate a list of nominees from which the Chief Minister will appoint the IP reserved seats representatives.

The proposal further provides that it is mandatory for Parliament to enact the mechanisms for the equitable shares of the IPs to exploration of natural resources in their ancestral lands subject to their exercise of their right to free, prior and informed consent. The Parliament will also have to legislate a justice system appropriate for the indigenous peoples as defined by them.

The proposed BBL reiterates the obligation of the Bangsamoro government as provided for in the CAB to protect the rights of the IPs in accordance with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The proposal also provides that the Parliament may create an appropriate office or ministry for the IPs which shall be part of the Bangsamoro cabinet to develop and implement the programs for the IPs.

The Parliament may create appropriate local government units in the areas inhabited predominantly by the IPs subject to the criteria it may set forth in the Bangsamoro Local Government Code.

I make the following observations on these proposed provisions.

First, they provide guarantees for the protection and promotion of the rights of the IPs in the Bangsamoro.  When the Bangsamoro government is in place, the IPs should be confident that their native title and/or fusaka inged over particular areas is recognized and within these areas, they will enjoy broad rights. 

Second, the provisions are broadly formulated to allow the parliament enough flexibility to evolve the mechanisms for the full protection and promotion of the IP rights in the context of the Bangsamoro. 

Third, the provisions do not make any distinction as to Islamized and non-islamized IPs to promote unity and kinship among the different IP groups founded on shared vision, principles and future.  The only instance that particular IP groups were mentioned is with reference to the reserved seats for IPs to forestall any doubt that those seats were indeed reserved for these IP groups.

Fourth, the provisions clearly establish the strong foundation for continuing dialogue and the assertion of the IPs of their rights on one hand and the concomitant obligation on the part of the Bangsamoro government to protect and promote IP rights guaranteed under international and domestic laws on the other.  In the end, guarantees and protection in law are good only up to the extent that the IPs themselves are able to assert and demand respect for their rights.  On the other hand, the Bangsamoro government will have to enact policies to ensure that the IP’s right to their native title are effectively exercised.

The IP provisions in the proposed BBL provide only the general principles. Mechanisms, structures and processes have to be fleshed out in legislations in Bangsamoro parliament.  The BTC understands the predicament of the IPs under the ARMM where applicable laws and mechanisms for the exercise of their rights were vague, inadequate and when recognized, were poorly implemented.  It is for this reason that the BTC has formed a multi-stakeholder task force on indigenous concerns to begin even at this early stage a consensus-building process for putting in place the mechanisms and processes to implement the IP provisions in the Basic Law. The task force is mandated to complete the following tasks before the BTC ends its term:

1.    Build support of all stakeholders to the IP provisions in the Draft Basic Law.

2.    Continue to explore and dialogue on the best mechanisms and processes to implement the IP provisions that include among others the identification of IP areas and tenurial instruments for submission as legislation to the BTC, BTA and to the Bangsamoro Parliament.

3.    Conduct confidence-building measures to foster understanding and cooperation between and among IP groups.

The establishment of the task force concretely demonstrates our commitment to respect and promote the rights and welfare of all IPs especially the IP groups that continue to feel marginalized in the autonomous region.  Reaching a consensus on this roadmap for the IPs has not been easy.  The IP issue has been one of the most difficult and complex concerns I addressed as Chair of the BTC. Understandably, groups held on to unshakeable ancestral domain claims backed by clashing interpretation of international and domestic legal and political principles.

Yet, a zero-sum, take no prisoners’ approach in addressing this complex issue proved counter-productive and destructive of relationships that are key to building peace in our communities.  We made progress only when we took on a new lens and develop a new language that will foster unity not division in our communities. With this new lens, we can now imagine a Bangsamoro where all groups equitably and mutually reap what have been gained in our quest for self-determination on top of rights already enjoyed by each and every person or group.  We should focus our energies to weaving our beliefs, laws and rights towards forming a tapestry of peace, unity and progress in the Bangsamoro.

Let me call on the IP stakeholders and champions to engage the BTC task force and continue the dialogue we began in the BTC towards realizing the vision behind the IP policies in the proposed BBL.  For those who believe that the Indigenous Peoples’ Right Act (IPRA) answers the long struggle of the IPs to protect their ancestral domain claim, rest assured that we respect that stand. There is no rancour in our heart. It is part of their right to self-determination. In the same vein, I am appealing to them also to respect the view and stand of the MILF, clearly contained in all signed documents and in the proposed BBL, that there is only one ancestral domain in the Bangsamoro, which is owned by Moros and IPS. Give us the chance to prove that in the Bangsamoro, the IPs have a bright future. This we will prove once the Bangsamoro is in place.

Let me thank the two IP representatives in the BTC, Commissioner Froilyn Mendoza and Commissioner Melanio Ulama who were both passionate in articulating the sentiments of the IPs in the drafting of the law.   I thank them for their openness to explore avenues for cooperation and consensus.  I would like to thank all my fellow commissioners for exerting the effort to understand the complex subject of the IPs.  My gratitude to the IP experts and advocates who helped us explore possible options moving forward. 

Finally, let me thank the Center for Humanitarian Dialogue (CHD) with support from the European Union (EU) for providing technical, facilitation and logistical support to the consensus-building process. CHD will continue to provide assistance to the Task Force on IP Concerns.

Thank you.

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