Thursday, October 30, 2014

MILF: Moro-IP kinship council issues position paper on BBL

Posted to the MILF Website (Oct 31): Moro-IP kinship council issues position paper on BBL









Moro-Ip Kinship Council, through Bai Nanapnay Saway of the Talaandig Tribe, and Chairperson of the Mindanao Peoples Caucus (MPC) issued a position paper on the Bangsamoro Basic Law dated October 29, 2014.


In their position paper they stressed the following important issues:


1. The sacredness of the Peace Compact:  Last March 27, 2014, we had the opportunity to witness the signing of the Comprehensive Agreement on the Bangsamoro in MalacaƱan Palace.   Much has been reported about that historic event which brought hundreds of leaders and dignitaries from all over the country and the international community. 


What is not known to many is that right after the signing in MalacaƱan, traditional leaders from the indigenous and Bangsamoro people gathered at the Peace Arc along Mendiola to perform a very important ritual which we call in Talaandig as Tampuda Hu Balagon.  For the Maguindanao it is called Sapa or Dyandi, in Tausug Janji, or Budung for our indigenous kins in the North.  


This particular ritual has been performed hundreds of years ago by Apu Datu Mamalu and Apu Rajah Tabunaway whom we refer to as our ancestors.  Mamalu and Tabunaway are brothers and when Islam arrived, one of the brothers embraced Islam while the other decided to remain with his indigenous faith.  Since Apu Tabunaway was already going to follow a new way of life which is Islam, they entered into a peace pact wherein they promised to each other that they will remain as brothers and will protect each other from common enemies and invaders. 


The covenant between Mamalu and Tabunaway are what we refer to as the five pillars of kinship namely, Kilalaha (mutual recognition and respect), Sayuda (exchange of information), Buliga (cooperation), Uyaga (Mutual Protection of Life) and Pabatun-batuna (Help for those who are in need). 


This ritual is what we refer to as the traditional peace pact which up to now the descendants of Apu Mamalu like me and the descendants of Apu Tabunaway, like my Bangsamoro brothers and sisters still believe as a sacred covenant.   This is a living tradition which we still believe up to today because whoever will break the kinship will be cursed.  


2.   Following the pillars of kinship, we, indigenous peoples fully support the Bangsamoro Basic Law (BBL) because this is a product of a long struggle for self-determination and human security for our Moro kins.   Following the ritual that we did on March 27, 2014 which offered the Comprehensive Agreement on the Bangsamoro to Magbabaya – this piece of document becomes a sacred covenant for us. 


This is not only an agreement between the Philippine government and the Moro Islamic Liberation Front but a sacred covenant among the tri-peoples of Mindanao.  That is why it is very important for us to regard the peace agreement as a sacred covenant with the obligation to implement its provisions to the letter and spirit.   In the crafting of the law, we should bear in mind the sacredness of the covenant itself because this is not only an ordinary piece of legislation but a peace formula that will unlock so many potentials for peace and prosperity not only for the Bangsamoro but also for the indigenous peoples and our Christian brothers and sisters.  We appeal to you to remain faithful, compliant and consistent with the peace agreement.


3.   I wish to invite your attention to the provisions in the BBL which not only embodies the Indigenous Peoples Rights Act, the United Nations  Declaration on the Rights of Indigenous Peoples (UNDRIP) but more importantly the five pillars of kinship, as follows:


Article IX, Section 5 Indigenous Peoples Rights  --


This particular provision offers a bundle of rights and protection for the indigenous peoples such as the recognition of the right to native titles and/or “fusaka inged”, For us in the Talaandig, our claim on ancestral domain is not based on CADT but based on native title which is more solid and lasting than a piece of paper offered by the CADT. 


There can never be any contest that by native title, Kitanglad is the domain of the Talaandig in the same manner that Sulu Seas by native title belongs to our Tao Sug brothers and sisters; in the same manner that Mt.  Apo by native title belongs to the Manuvu and Bagobo; and Lake Lanao for the Maranaos; and Lake Sebu for the Tiboli; and Aruman River for the Arumanen Manuvu.


Equitable sharing in revenues from the utilization of resources in their ancestral lands – I would like to highlight that for us indigenous peoples, when we read the term equitable-sharing in the revenues, we do not put emphasis on the how much but more importantly on the value of sharing.   If we genuinely put our minds and hearts into the value of sharing, we will be able to look at the proposed BBL from the point of view of compassion and generosity.


Free and prior Informed consent


Right to freedom of choice as to their identity


Recognition of the traditional or tribal justice system


Reserved seats in the Council of Elders, Parliament, Establishment of a Ministry for Indigenous Peoples etc. – this for me is an affirmative action to ensure that the indigenous peoples who will be minority in the Bangsamoro will be assured of representation in the government. 


I wish to end by recalling that when the Christian settlers from Luzon and Visayas came to Mindanao almost a hundred years ago, they were welcomed by the elders of the Bangsamoro and indigenous peoples to their homes, communities and even gave them lands to till and develop. 


Many of them have their dreams fulfilled in the land of promise.  As you deliberate on the BBL, think about your fathers and grandfathers who were welcomed by the elders of the Moro and indigenous people when they arrived for the first time in Mindanao.  Remember their good stories of warm welcome, generosity and friendships offered by the natives of Mindanao


As you craft the Basic Law, craft it with that deep sense of gratitude and thanksgiving on their behalf and give back to us the same level of compassion, generosity and friendship. 


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