CATHOLIC EDUCATIONAL ASSOCIATION OF THE PHILIPPINES NATIONAL CONVENTION

May 22 & 23, 2014

St. Paul University, Manila & Hotel Fortuna, Cebu City

PERCEPTIONS AND AGENDA/POSITION OF “NON- MORO INDIGENOUS PEOPLES”¹ IN THE BANGSAMORO TERRITORY ON THE COMPREHENSIVE AGREEMENT ON BANGSAMORO (CAB)

TIMUAY SANTOS M. UNSAD Deputy Supreme Tribal Chief Timuay Justice and Governance (KéSéfanangguwit Timuay)

¹ Stipulated in the Annex on Power Sharing

OUTLINE OF PRESENTATION

I. Introduction

II. Brief History of Dichotomy

III. Non-Moro Indigenous Peoples’ in the core area of the Bangsamoro

IV. Territory of the non-Moro Indigenous Peoples in the core area of the Bangsamoro

V. Non-Moro Indigenous Peoples’ Perceptions in the Comprehensive Agreement on Bangsamoro

VI. Statutory Bases of NIMPs Assertion for Recognition of their Rights as Distinct Peoples

VII. Non-Moro Indigenous Peoples’ AGENDA/POSITION in the Comprehensive Agreement (CAB)

INTRODUCTION

> Prior to the arrival of the colonizers from the Islamic countries, Europe and the United States of America in different centuries, Mindanao is home for the diverse culture of Indigenous Peoples.

> Prior to 1450 AD, Central Mindanao is a home for the once ONE CULTURE, WAY OF LIFE and ONE FAITH Indigenous Peoples.

> Sometime between 1450-1475 AD when Shariff Mohammad Kabunsuan, an Islamic Missionary from Johore, Malaysia arrived in Central Mindanao particularly in the seashore of Illana Bay at the embankment near Cotabato City, the once ONE INDIGENOUS PEOPLE with ONE CULTURE, WAY OF LIFE, SYSTEM OF SELF-GOVERNANCE and BELIEF SYSTEM became TWO PEOPLES. This was the beginning of the DICHOTOMY.

BRIEF HISTORY OF THE DICHOTOMY (Mamalu-Tabunaway separation)

> Mamalu and Tabunaway believed to be brothers who

lived near the enbankment of the delta (bukana) of Rio Grande de Mindanao in Cotabato City.

> When Shariff Mohammad Kabunsuan arrived in the delta of Rio Grande de Mindanao, he invited the two Chieftains for a meeting and in that meeting. they discussed about conversion to Islamic faith. Tabunaway eventually converted to Islam, while Mamalu refused and remained in his traditional way of life, belief system, culture, customs and traditions.

> After the ceremony made by Shariff Kabunsuan and his Party, the Chieftains made a SACRED UNWRITTEN COVENANT (SAFA) sealed with a tribal ritual.

> Content of the Covenant:

- Respect and recognition of one’s identity; - Respect and recognition of one’s territory and system of self-governance;

- Respect and recognition of one’s custom, tradition and culture;

- Continuing circulation of economic activities;

- Unity against common enemy; and

- Everlasting treatment as brothers and sisters including the generations to come.

** Mamalu-Tabunaway history was based on the narration of epic (brinaréw) of our (Téduray) elders known as the story of “Lagéy Léngkuwos” – a story of one of our great heroes who fought against the oppressors.

 

NON-MORO INDIGENOUS PEOPLES IN THE CORE AREA:

Ethnic Group Location - Téduray Maguindanao Prov. - Lambangian Maguindanao Prov. - Dulangan Manobo Maguindanao Prov. - Blaan Maguindanao Prov. - 16 various tribes* Lanao del Sur - Those who ascribed as Indigenous Peoples in the Island Provinces (Basilan, Sulu & Tawi-Tawi)

Population: 122,914 in 12 Municipalities and 83 Barangays in mainland ARMM (IPDEV)

* 16 various tribes are migrant IPs in Lanao del Sur from the adjacent provinces of Bukidnon and Misamis Occidental, therefore they have no ancestral domain in the area.

16 various tribes of the Higaonon

Erumanén né MenuvuTéduray,

Lambangian &Dulangan Manobo

Blaan

DIRECTLY AFFECTED IPs

TERRITORY OF NON-MORO IPs IN THE BANGSAMORO (MAGUINDANAO PROV.) Ancestral Domain area – 309,720 hectares (combined land and water) based on Native Title (Mamalu-Tabunaway oral Traditional Agreement forged sometime between 1450-1475 AD) covering the areas of whole of the Municipalities of Upi, South Upi, Datu Blah Sinsuat and upland portions of Datu Odin Sinsuat, Talayan, Guindulungan, Datu Suadi, Datu Unsay, Datu Hofer, Ampatuan and Datu Abdullah Sangki (IPDEV).

 

MAGUINDANAO

TEDURAY, LAMBANGIAN & DULANGAN MANOBO

Location Map

TEDURAY, LAMBANGIAN AND DULANGAN MANOBO ANCESTRAL DOMAIN CLAIM (TLADMADC) with an estimated area of 309,720 hectares (combined land and water) in portions of Maguindanao only: rich in natural resources; such as metallic and non-metallic minerals, forest products and marine products

IPs in the core area- Teduray- Lambangian- Dulangan Manobo

Erumanen ne Menuvu

BANGSAMORO WATERS & JOINT COOPERATION

Courtesy of IAG-iPDEV

308,941 hectares including coastal waters

Téduray

Dulangan ManoboLambangian

NON-MORO IPS’ PERCEPTIONS ON THE FAB, THE ANNEXES AND THE CAB

> We recognized that our territory is within the broader Bangsamoro Territory claimed by the Moro Peoples, but we have our own ancestral domain left to us by our ancestor Mamalu with our own distinct identity, distinct culture, system of self-governance and we still practiced our own faith.

> We, non-Moro IPs unwaveringly supported the Peace Negotiations between the GPH and MILF. We want peace so much because we have been greatly affected by more than 4 decades of war in Central Mindanao for the reason that our Ancestral Domain is unwilling host of armed encounter between the AFP and the Moro fighters since 1970s to middle of 2012.

> We recognized and welcomed the inclusivity of peace process instituted by both Panels of the GPH and

MILF, however, we claimed for a plurality of ancestral domains as well as identity of peoples within the Bangsamoro territory based on our respective distinct culture, customs and traditions for a peaceful co- existence in diversity.

OUR APPREHENSION

> Our inherent rights as well as those stipulated in existing laws as distinct PEOPLES were derogated as manifested by exclusion of the IPRA in the FAB, the Annexes and the CAB as a legal framework.

> Our right to Ancestral Domain is not recognize as manifested by the singularity of Ancestral Domain only for the Bangsamoro as provided in Annex on Power Sharing of FAB.

> Our Identity as distinct non-Moro Indigenous Peoples is vague and uncertain because we are all Bangsamoro citizens as defined in the FAB.

> Because there is limited provision for us non-Moro Indigenous Peoples in the FAB and the Annexes as bases for the BTC’s drafting of the BBL, there is also limited provisions that were included in the draft BBL submitted by the BTC to the Office of the President.

Recession of IP rights provisions in the BBL

> 145 provisions - 1st drafted by the IPs themselves and submitted to the during Committee hearings. This is a separate Chapter.

> 69 provisions – passed thru the different Committees in the BTC, distributed in the different Chapters and Articles.

> 13 included in the draft BBL, but have no assurance if these are included in the submission to the Office of the President, but not substantial provisions for the recognition of IP rights. These are distributed in different Chapters and Articles.

STATUTORY BASES OF NMIPs ASSERTION IN THE BANGSAMORO

1. International Treaties, Conventions and Declarations: - United Nations Declaration on the Rights of IndigenousPeoples (UNDRIP) - International Labour Organization Convention No. 169 (ILO Convention No. 169)

2. 1987 Philippine Constitution

3. R. A. No. 8371, otherwise known as the Indigenous Peoples Rights of 1997 (IPRA)

4. R.A. 6734, as amended by R.A. 9054, otherwise known as the Organic for the Autonomous Region in Muslim Mindanao

5. Muslim Mindanao Autonomy Act No. 241 (MMAA No. 241), otherwise known as the Tribal Peoples Rights Act

> Above laws and international instruments recognized the Right to Self- Determination of Indigenous Peoples.

NON-MORO IPS’ AGENDA/POSITION IN THE CAB

OUR ACTIONS

> We are not alienating ourselves from, mutual recognition and peaceful co-existence in order to seek regress of historic injustices we both sustained, because we are created as distinct

people.

> As early as 2005, we already clarified and asserted our agenda and position in the peace negotiations between the GRP/GPH and MILF on the following thematic issues:

- Ancestral Domain - Political Territory - Resources - Governance

CORE/ARMM AREA: 2005 - 2010

1. ON ANCESTRAL DOMAIN

That our Ancestral Domain shall be delineated pursuant to the present and future appropriate laws that may be applicable. For the moment, the non-Moro Indigenous Peoples had laid claim to our ancestral domains covering an estimated land area of 201,850 hectares (ancestral water excluded which has already submitted to NCIP for delineation) comprising the municipalities of Upi, South Upi, Datu Blah Sinsuat, upland portions of Ampatuan, Datu Hoffer, Datu Unsay, Datu Saudi, Guindulungan, Talayan, Datu Odin Sinsuat and Datu Abdullah Sangki, all in Maguindanao Province.

2. ON POLITICAL TERRITORY

Consistent with our principle of peaceful co-existence, we recognize and support a broader territory for the Bangsamoro people as a nation for the sake of genuine and lasting peace and development in Mindanao provided that the Bangsamoro shall recognize the non-Moro Indigenous Peoples (NMIP) territory within the Bangsamoro nation. Furthermore, we reiterate that it is also the desire of the NMIP to be at liberty to practice and promote their cultural identity by way of actual implementation of tribal and customary laws through the Timuay Justice and Governance within their identified territory.

3. ON RESOURCES

The rights of the NMIPs (Teduray, Lambangian and Dulangan Manobo) in matters of exploitation of natural resources that may be found within their ancestral domain areas shall be upheld and respected. The tribe shall have priority right in the utilization and management of all natural resources to include strategic minerals (metalic & non-metalic), forestry and marine resources;

4. ON GOVERNANCE

As earlier stated, the tribe shall conform to any type or form of governance that maybe agreed upon and mutually adopted, hence it is also the desire of the tribes to have equal opportunities and representation in all levels of governance, side by side with their Moro brothers. Provided, that in the territory identified to the non-Moro Indigenous Peoples, their right to rule and govern must be pursued, implemented, recognized and respected vis-à-vis their traditional governance system/indigenous political structure and customary laws as basis of their justice system in a form of a genuine autonomy within the Bangsamoro nation. In the case of a federal state, our tribal-based self-governance shall converge with other tribal-based self-governance outside the ARMM/Bangsamoro to form a single state to be considered in the federal or union of states.

As a manifestation of our unwavering support to

the Peace Process, we voluntarily offered ourselves to help the Bangsamoro Transition Commission to draft a JUST BANGSAMORO BASIC LAW by way of writing the provisions we want to be entrenched in the Bangsamoro Basic Law thru conduct of two (2) writeshops with the key leaders of the NMIPs in the core area in order to finally put an end to historic injustices that we both sustained with the Moro Peoples, so that there will be a JUST BANGSAMORO GOVERNMENT and a JUST BANGSAMORO SOCIETY.

CONCLUSION:

We fully recognize and respect the existence of our Moro brothers and sisters in their own identified territory and those that are lawfully resettled in our own communities. On this basis, we RE-AFFIRM our commitment to the Mamalu-Tabunaway Pact and formulate guidelines on settling modern conflicts between the IPs and our Moro brothers not only in our area cluster but throughout Mindanao. Furthermore, we express our commitment to support the peace process until its final conclusion. The above position is an expression of our active participation on the ground level to be considered in the process of the negotiation. Consideration of the issues raised above is a step forward towards genuine peace and development.

Signed by IPOs, LGU reps and Indigenous Political Structures (IPS)

IPOs LGUs 1. OTLAC - 2005/’06/2010 1. Brgy Council – 2010

2. TLADMADC - 2006 2. Mayor’s Council – 2010

3. TLWO – 2006/2010 4. MTO – 2006 INDIGENOUS POLITICAL STRUCTURES

5. TLYSA – 2006/2009 1. Timuay Justice and Governance (TJG) - 2008

6. KILAKEN-TADCO – 2006 2. Kéuwit Kitab - 20127. ATBCI – 2006 8. GUYUDAN – 2006 9. FAGUMFUNGON – 2006 10. MDADCO – 2006 11. MDO – 2006 12. TC – 2010 13. TELMAP – 2006 14. TBOA - 2006 15. STEMADCO – 2006 16. COTLACOM – 2009

OUR URGENT CALL

“Let not our distinct identity as a people be ignored and erased from our history. Instead, let us continue to walk this road to justice and peace carrying our rights, our lands, our identities.”

FIYO BAGI

KAGOY MANTU WE GANAD FÉIMU SEN BÉ FUSAKA