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 Malacañan 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
Malacañan, 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 Lake Lanao
for the Maranaos; and Lake Sebu for the Tiboli; and Aruman River
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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