implementing rules and regulations of the tribal peoples' rights act (muslim mindanao autonomy...

Office of the Southern Cultural Communities Administrative Order No

Series of 2012

RULES AN]) REGULATIONS IMPLE1ENTI~G MlJSLIM MINDANAO AUTONOMOlIS ACT 241 OTHERWISE KNOWN AS

TRIBAL PEOPLES RIGHTS ACT

PRELIMINARY STATEMENT

Pursuant to the provisions of Muslim Mindanao Autonomy Act ~o 241 otherwise known as An Act to Recognize Respect Protcct and Promote the Rights Governance and Justice Systems and Customary Laws of the Indigenous PeopleslTribal Peoples of the Autonomous Region in Muslim Mindanao the following rules and regulations arc hereby promulgated for the information guidance and compliance of all concerned parties

Article III of the Expanded Organic Act ofthe Autonomous Re12ion in Muslim Mindanao ~ ~ I

(or RA 9054) provides that the beliefs customs and traditions or the people in the Autonomous Region shall be recognized protected and guaranteed The Regional Assembly shall adopt measures to ensure mutual respect ror and protcction of their distinct bcliefs customs and traditions The regional government shall ensure the development protection and well-being of all indigenous tribal communities

Muslim Mindanao Autonomy Act No 241 was enacted as an enabling law of the basic provisions of the ARMM Organic Act or RA 9054 specifically Section 3 (Sectoral Representatives) of Article IV Sections 19 (Tribal Courts) 20 (Customary Law) and 21 (Application and Interpretation of Laws) of Article VII Sections 1-8 of Article X (Ancestral Domain Ancestral Lands and Agrarian Reform) Section 2 (Urban and Rural Planning and Development) of Article XI and Sections 5 and 14 of Article XII In furtherance the Office for Southern Cultural Communities hereby promulgated the subject implementing rules and regulations in consultation and coordination with the concerned government agencies sectors and stakeholders

RULE I PRELIMINARY PROVISIO~S

Section 1 Title - These rules shall be known and cited as The Rules and Regulations Implementing the Tribal Peoples Rights ct And Providing Funds Thereof

Section 2 Purpose - These rules are hereby promulgated to prescribe the procedures and guidelines for the implementation of Muslim Mindanao Autonomy Act No 241 otherwise known as the Tribal Peoples Rights Ace in order to facilitate compliance therewith to fulfill the provisions or Indigenous Peoples Rights Act and RA 9054 relating to the rights or Indigenous Peoples and achieve the objectives thereof

Section 3 Coverage - These rules shall apply to all members of the indigenous cultural communities indigenous peoples and tribal peoples within the Autonomous Region in Muslim Mindanao which include the Teduray Lambangian Dulangan Manobo Blaan IIigaonon and other indigenous and tribal peoples as well as indigenous cultural communities that may be identified subsequently by the National Commission on Indigenous Peoples (NCIP) or Office for Southern Cultural Communities (OSCC) 7 )f

amp I

( 1

1 j

Section 4 Declaration of Poliey- The AutonomoLls Regional Government reaffirms the policies embodied in the Philippine Constitution Indigenous Peoples Rights Aet Republic Act No 9054 and other existing special laws recognizing indigenous peoples rights and international treaties agreements covenants and declarations concerning indigenous peoples It is hereby declared the policy of the Autonomous Regional Government to recognize respect promote preserve and protect the rights of the indigenous cultural communities indigenous peoples and tribal peoples within the framework of national and regional unity and development Towards this end it shall preserve and develop their cultures traditions and institutions protect their inherent right to self-governance and integrity of their values practices and institutions Furthermore the Autonomous Regional Government shall protect their rights to their ancestral domain to ensure their economic social and cultural well being It shall guarantee the right of indigenoLls peoples to freely pursue their economic social and cultural development and establish the means for their empowerment

Section 5 Guiding Principles The following operating principles shall be adopted in the implementation of the policies under these rules

a) Equity and Justice In relation to the search Cor harmonious relationships of all segments of the ARMM society to enhance regional unity the principles of equity and justice to which the indigenous communities adhere provide an essential basis for thc full development of said communities

h) Law and Order The establishment and enforcement of indigenous justice systems of the tribal or indigenous peoples or communities redound to the attainment of a more ordered life among these communities The consideration of their customs beliefs and interests in the formulation and implementation of policies promotes the advancement and effective participation of these communities in the building of the society

c) I~thno-linguistic Development The satisfaction of the requirements of regional solidarity and social justice entails the strengthening of all the ethno-Iinguistic communities within the context of their respective ways of life in order to bring about a sustainable ethno-Iinguistic development

d) Unity Out of Cultural Diversity The diversity of cultures traditions beliefs and aspirations of indigenous peoples shall be cneouraged and fostered in openness mutual respect for and active defensc of the equal and inalienable dignity and universal indivisible interdependcnt and interrelated rights of every human being in the spirit of inter-people cooperation

e) Dialogue and Consensus In resolving conflicts or disputes affecting or pertaining to indigenous peoples any determination or decision thereon shall be reached through dialogue and consensus as nlr as practicable

n Human Dignity The inherent and inalienable distinct character sacred human dignity and unique identity of indigenous peoples shall be rcspeeted

Section 6 Construction and Interpretation - The primary sources of the customary laws of the indigenous or tribal peoples and indigenous communities shall be considered in the construction and interpretation of the provisions of Muslim Mindanao Autonomy Act ]0 241 and these rules 1

Specifically the following ruling shall apply

2

a) In case of ambiguity or doubt as to the interpretation of the provisions of MMA Act No 241 and these rules and regulations the same shall be resolved in favor of the ICCsIPsTPs

b) In the application of the pertinent provisions oj MMA Act No 241 including these rules in relation to other laws either national or regional the integrity of the ancestral domains culture tradition practices and customary laws of the ICCsTPsITPs shall be considered and afforded utmost regard

c) In resolving disputes involving ICCsIPsITPs the primaey of customary laws sl1(111 be upheld

d) The customs and traditions of the concerned ICCsIPsTPs shall be resorted to in the resolution of controversies arising under MMAA 241 or these rules

e) The construction and interpretation 0 f any provision 0 f MIIAA 241 and these rules shall not in any manner adversely affect the rights and benefits of the ICCsIPsTPs under national or regional laws international Iavs treaties conventions and agreements

RULE II Definition of Terms

Section 1 Definition of Terms For purposes of these Rules and Regulations the following terms shall mean

a) Ancestral Domains refer to all areas generally belonging to rCCsIPsTPs comprising lands inland waters coastal areas and natural resources therein held under a claim of Ovnership occupicd or possessed by ICCsTPsTPs by themselves or through their ancestors communally or individually since time immemorial eontinuously to the present except when interrupted by war force majeure or displacement by force deceit stealth or as a consequence of government projects or any voluntary dealings entered into by the government and private individualscorporations and which arc necessary to ensure their economic social and cultural welfare and which include ancestral lands forests pasture residential agricultural and other lands individually owned whether alienable and disposable or otherwise hunting grounds burial grounds vorship areas bodies of water mineral and other natural resources and lands which may no longer be exclusively occupied by ICCsIPsTPs but from which they traditionally had access to for their subsistence and traditional activities particularly the home ranges of ICCslIPslTPs who arc still nomadic andor shifting cultivators

11) Ancestral Lands refer to lands within the ancestral domains already eXlst1l1g occupied possessed and utilized by individuals families and clans who are members of thc ICCsIPsTPs since time immemorial by themselves or through their predecessors-in-interest under claims of individual or traditional group ownership continuously to the present except when interrupted by war force majeure or displacement by force deceit stealth or as a consequence of government projects and other voluntary dealings entered into by government and private individualscorporations including but not limited to residential lots rice terraces or paddies private forests swidden farms and tree lots

c) Customary Laws refer to a body of written or unwritten rules usages customs and practices traditionally observed accepted and recognized by respective ICCsIPsTPs

d) Free and Prior Informed Consent This refers to the consensus of all members of the Ices IPs to be determined in accordance with their respective customary laws and practices free from any external manipulation interference and coercion and obtained after fully disclosing the intent and scope of an activity in a language and process understandable to the eommunityYld

I 3

t

e) Indigenous Cultural Communities Indigenous PeoplesTribal Peoples (lCCsIPsTPs) refer to a group of people or homogenous societies identified by sellascription and ascription by others who have continuously lived as organized community on communally bounded and defined territory and vvho have under claims of ownership since time immemorial occupied possessed and utilized sllch territories sharing C0111mon bonds of language customs traditions and other distinctive cultural trails or Vho have through resistance to political social and cultural inroads of colonization non-indigenous religions and cultures became historically dilTercntiated from the majority of Filipinos whieh shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country at the time of conquest or colonization or at the time of inroads of non-indigenous religions and cultures or the establishment of present state boundaries who retain some or all of their own social economic cultural and political institutions but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains

n Indigenous Political Structure refers to organizational and cultural leadership systems institutions relationships patterns and processes for decision making and participation identified by ICCs[ PsTPs such as but not I imited to Council of Elders Council of Timuay and Datus or any other tribunal or body of similar nature ~

g) NCIP refers to the ational Commission for Indigenous Peoples

h) osec refers to Office for Southern Cultural Communities

i) Self-Governance refers to the right of [CCsIPsITPs to pursue their economic social and cultural development promote and protect the integrity or their valucs practices and institutions and determine use and control their own organizational and community lcadership systems institutions relationships patterns and processes for decision making and participation

j) Time Immemorial refers to a period of time when as l~lr back as mcmory can go certain ICCs[PsTPs are known to have occupicd possessed and utilizcd a defincd territory devolved to them by operation of customary law or inherited from their anccstors in accordancc with their customs and traditions

RULE III Recognition of Rights - The Autonomous Regional Government shall recognize and promote the rights or ICCslIPsTPs provided under the Philippine Constitution IPRA Special Laws UN Declarations Treaties and International Agreements that include specifically among others the following

Part I Right to Self-Determination Self-Governance

Section 1 Recognition of Indigenous Justice System Conflict Resolution Institutions and Peace Building Processes The ICCs]PsTPs shall have the right to usc their own commonly accepted justice systems connict resolution institutions peace building processes or mechanisms and other customary laws and practices within their respective communities as may be compatible with the national legal system and other internationally recognized human rights

Section 2 Protection of Indigenous Political Structures The ICCslIPsTPs shall have the right to determine and decide thcir own priorities for development and to maintain and develop their own indigenous political stnlctures Upon detcrmination of priorities for development the ICCslIPsTPs shall submit plans with corresponding budget to thc OSeC for

~~~ ~V ~

4

The osec shall provide guidelines and procedures for the submission and approval of assistance to priority development projects The osee shall set guidelines in the implementation monitoring and evaluation and progress updating of such priority projects

Section 3 Right to Ancestral DomainLand As part of the recognition of the rights to selr-determination and self-governance the Regional Government shall undertake measures to recognize the rights of the indigenous peoples to their ancestral domainland indigenous cultural communitiesindigenous peoplestribal peoples can file petition for certificate of ancestral domainland claims (CADTCALT) to the osee

Legitimate titles secured under the Torrens System shall be respected No portion of the ancestral domainancestral land shall be open to resettlement by non-members of the indigenous cultural communities

Section 4 Participation in Project Implementation Over Ancestral Domains The ICCslIPslTPs shall be afforded Cull participation in all decisions related to their ancestral domains and for this purpose shall have the right to have free prior and informed consent on matters related to the formulation and implementation of any government or private project that will ailect their ancestral domains and shall receive just and fair compensation for any damages which they sustain as a result of the project The osec shall facilitate the conduct of the appropriate consultation on the matter It shall be conducted within the affected area of the IeCsIPsTPs The consent of the ICCsIPsTPs concerned shall be mandatory prior to any intervention or projectprogram implementation

Once the consent to the project is given the ICC IP community concerned shall be entitled to royalty fees derived from the income of any project that is established within the territory of the ICCsIPs subject to a memorandum of agreement

The following documentary requirements must be submitted first by the contractor or project implementor to the appropriate agency oCthe government before any said project or program in specified area of the ancestral domain shall be started

a) Affidavit of Payment by the contractor or project implementor stating among others that corresponding remuneration has been given to the concerned for the damages sustained in view of the project if there is any In the event that there is no such damage this requirement shall not apply

b) Certi fication from the OSCC attcsting to the fact that a consultation for the purpose was conducted and that it was conducted in the affected area of the ancestral domain and

e) Affidavit of Consent to be exeeuted by the concerned ICCsIPsTPs through their head or chieftain aflirming to the implementation of any project or program in their ancestral domains

Section 5 Determination of Priorities for Development The ICCsIPsTPs shall have the right to determine and decide 011 their priorities Cor developmcnt especially those affecting their beliefs institutions ownership and spiritual well-bcing They shall participate in the formulation implementation and evaluation or policies plans and programs for regional and local development which may directly affect them

a) They shall actively promote sustainable indigenous agricultural practices while intensifying food production in order to achieve staple food sufficiency an9 e~spre food security 01 ~

b) develop their capacity to stre gthen food production systems I

5

c) diversify the livelihood activities in order to ensure food security d) identify and protect respective market niches for selected produce from indigenous

communities and e) recognize and advance the role of indigenous women as co-stewards in ensuring

food and livelihood security

Section 6 Preservation and Protection of Culture and Indigenous Institutions It shall be the right of the ICCsIPsTPs to preserve and protect their culture traditions and indigenous institutions The Autonomous Regional Government shall consider these rights in the formulation and application of regional plans and policies

Section 7 Preservation and Practice of Cultural Sites and Ceremonies The ICCsIPsTPs shall have the right to manifest practice develop and teach their spiritual and religious traditions customs and ceremonies to maintain religious and cultural si tes to control ceremonial objects and to repatriate human remai ns To ensure the preservation and protection of indigenous sacred places as well as burial rites the following shall be considered unlawful

a) Exploration or excavation of archeological sites of the ICCsIPsTPs for the purpose of obtaining materials or cultural value without the express free and prior inf(xmed consent of the communit)middot concerned and

b) Defacement or removal of artifacts which arc of great importance to the ICCsIPsTPs for the preservation of their cultural heritage

Section 8 Freedom of Religion Customs and Traditions The Autonomous Regional Government shall ensure the development and well-being of all indigenous tribal communities including the right to practice and revitalize their own cultural traditions indigenous beliefs and cllstoms as well as the free exercise 0 l their religions

Part II Right to Equal Treatment Participation and Non-Discrimination

Section 1 Freedom from Any Form of Discrimination and Right to Equal Opportunity and Treatment It shall be the right of the ICCsIPsTPs to be free from any form of discrimination They shall enjoy equal opportunities for admission to employment medical and social assistance safety and other occupationally-related benefits redress of grievances fair recruitment systems protection against sexual harassment and other opportunities and privileges available under applicable laws

Section 2 Equal Protection of Laws The Autonomous Regional Government shalL in due recognition of their distinct characteristics and identity accord to the members of the ICCsIPsTPs the rights and privileges enjoyed by the rest of ARMM populace It shall extend to them the same employment rights opportunities and basic services including equal access to quality education subject to any affirmative action or special measures that may be taken by the nationaL regional or local governments in the future in favor of the Moro or the IC(sIPs

Section 3 Mandatory Representation to Policy vIaking Bodies The Autonomous Regional Government shall ensure the full participation of ICCsIPslTPs in all levels of decisionshymaking over matters affecting their rights and welfare through procedures determined by them in the f~)rmulatiol1 implemcntation and evaluation of programs plans and policies for regional and local development They shall be given mandatory representation in legislative bodies in all levels of local government units in areas where they are present

Section 4 The Rights and Role of IIgt Women The respective Indigenous Politica Structures pursuant to Rule III Part I Section 2 this IRR shall recognize respect protectland promote the rights of indigenous women I clall ~1

I i

6

a) Ensure participation of indigcnous women and facilitate the formulation incorporation and implementation of programs to meet the needs on the important and distinct role of indigenous women such as IP women arbiters traditional birth attendants healersritualists to connict management and resolution

b) Review customary practices of imposing conditions that are highly unfavourable and disadvantageous to women as a means of settling disputes on V A WC cases and other heinous crimes such as the amicable settlement of rape in IP communities through massive awareness and education campaign

c) Provide opportunities for IP women and girls to develop leadership skills and ensure their significant participation in the strengthening of tribal governance

Part III Rights during Temporary Relocation and Return to Territories

Section 1 Temporary Relocation as an Exceptional Measure No ICCsIPsTPs shall be relocated without their free and prior informed consent Relocation or displacement as an exceptional measure or as a result of calamity or catastrophe shall only bc temporary They shall have the right to return to their ancestral domain as soon as the grounds for such relocation cease to exist and shall havc the right to be compensated for damages sustained as a consequence of the relocation

Temporary relocation is an exceptional measure if after exhausting all legal remedies it stands as the only option to avoid loss of lives and to safeguard the health and safety of the populations affected Temporary relocation shall generally occur as a result of force majeure natural calamities or catastrophes

Where temporary rclocation is determined by the ICCIP concerned in consultation with the OSCC and other appropriate government agencies as an exceptional measure the concerned government agencies shall provide the affected ICCslIPs with habitable relocation sites and adequate shelter food and other basic services as well as livelihood opportunities to ensure that their needs are effectively addressed

Section 2 Right to Return to Ancestral Domain When the reason for the relocation ceases to exist as determined by the ICCs IPs in consultation with appropriate government agcncies the ICCs IPs shall have the right to return to their ancestral domains

Section 3 Rights in Case of Permanent Relocation Displacement Should the conditions for their return pose grave and long-term risks for the displaced ICCs IPs and normally and safety of the previous settlements are irreversibly lost the displaced ICCs IPs shalL upon their Free and Prior Informed Consent be accorded the following

a) Relocation to a site which shalL in all possible cases be of equal quality and legal status as that previously occupied and shall be suitable to provide for their present needs and future development

b) Security of tenure over lands to which they shall be resettled or relocated and

c) Compensation for loss injury or damage as a consequence of such relocation or displacement

Section 4 Right to Compensation Should the ICCs IPs sustain any damages on any project that would be implemented their ancestral domains damagcs must b~ pjtid

IyPf

7

therefore compensation for loss injury or damage as a result of relocation shall be obtained through the following procedures

a) Who May File The following shall be entitled to compensation

1 Any member of ICCsIPsITPs in the event of loss of life injuries or damage to property

2 Concerncd ICCsIIPsTPs elders or leaders representing their communities in case of damage to burial grounds worship areas hunting grounds or any other parts or communal structures within the ancestral domains or

3 The OSCC may in its own initiative file the claim for loss injury or damage for and in behalf of the rCCsIPsITPs

b) otiJication to OSCC In case the claim is filed by the afTected ICCslPsTPs the osee must be notified oC such loss injury or damage sulTered as a result oC the relocation or displacement

c) Filing of Claim The claim for compensation shall be filed with the appropriate office agency or bureau which has caused such relocation or displacement

d) Payment of Compensation The osce shall ensure that such claim Cor payment is given due consideration and that the claimant is duly compensated within a reasonable time

RULE IV Recognition of Self Governance and Systems of Traditional Leadership

Section 1 Self-Governance The Autonomous Regional Government shall recognize respect and support the indigenous systcms of leadership and governance in all levels of the ICCsIIPsTPs in pursuance of the latters right to self-determination

Existing systems of governance include but arc not limited to the following 1) The Timuay Justice and Governance CDG) of the Teduray and Lambangian peoples with the Lkit and Tegudon as their governing laws 2 Dulangan Manobo Tribal Justice and Self Governance (DMTJSG) Kcna Mcnuwa base on the Tegudon oC the Dulangan Manobo Kitab governing laws since time immemorial and 3) Other types of tribal-based self-governance that may be identified and verified by the OSCC

Structures of governance by other ICesIPsTPs shall be identified and provided later by the OSCC

Section 2 Recognition of Authentic Leadership - In pursuance of the right to selfshygovernance and self-determination the ICCsIPsTPs in coordination with the Department of the Interior and Local Government (DILG) through the OSCe shall formulate measures to ensure that

a) The socio-political structures systems and institutions of ICesIPsTPs are strengthened

b) The indigenous structures systems and institutions are not supplanted by other forms of non-indigenous governance and

c) Mechanisms that allow the interfacing of indigenous systems of governance with the other systems are established (11 If

~ 8

Section 3 Authentication of Leadership Titles and Tribal Membership ~ The ICCsllPsTPs concerned shall have the sole power to authenticate indigenous leadership titles and certificate of membership The ICCsIPsITPs shall have the following rights

a) Right to Confer Leadelship Titles The ICCsIPslTPs concerned in accordance with their customary laws and practices shall have the sale right to vest titles of leadershi p

b) Recognition of Leadership Titles To forestall unduc conferment of leadership titles and misrepresentation the IeeslPsTPs concerned may at their option submit a list of their recognized traditional socio-political leaders with their corresponding titles to the osec The osee shall conduct a field validation of said list and shall maintain a directory lhereof

c) Issuance of Certificates of Tribal Membership Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members Such certi ncates shall be confirmed by the OSCC based on its records and shall have effect only for the purpose for which it was issued

The OSCC shall support the initiatives projects and activities of ICCsIPsTPs that will strengthen and develop their socio-political and leadership systems

Section 4 Establishment of Tribal Halls The Autonomous Regional Government shall establish tribal halls in various ICCsIPsTPs communitv areas for their usc The

establishment of said tribal halls shall be done in consultation with the concerned IeCsIPsTPs as to the size style design and exact location of thc tribal halls The osec shall ensure the conduct of proper consultation with the concerned ICCslIPslTPs for the purpose

In view hereof the Autonomous Regional Government shall appropriate necessary funds for the construction of said tribal halls At its option it may delegate to the osee the implementation of the project as such the funds for the purpose may be incorporated in the local funds releases intended for the OSCe

RULE V Indigenous Conflict-Resolution System

Section 1 Resolution of Conflicts Primacy of Customary Laws and Praetices- All conflicts involving members or ICCsIPsTPs shall be resolved in accordance with the customary laws traditions and practices of ICCsIPslTPs in the area where the cont1icts arose If the conflict between and among ICCsfPsTPs is not resolved through such customary laws traditions and practices the traditional leader or mediator who participated in the attempt to settle the dispute shall certify that the same has not been resolved Such certification shall be a condition precedent for the filing of appropriate complaint in the Katarungang Pambarangay or in the regular courts oijustiee as the case may be

In case of default where customary laws and practices do not apply or no applicable provisions thereof the appropriate complaint or case may be submitted directly to the Katarungang Pambarangay for amicable settlement or to the regular courts for j L1dici~1 de~igtion whenever necessary ~7

9

The customary laws traditions and practices or ICCslIPsTPs shall apply to the settlement of disputes pertaining to property rights claims and ownership hereditary succession land contliets and other similar issues when the parties involved arc members or the lCCslIPsITPs

Section 2 Recognition of Socio-Political Institutions and Structures The TCCsIPsTPs have the right to use their traditional justice systems connict resolution institutions or peace building processes which are oriented to settlements reconciliation and healing and as may be compatible with existing laws and accepted human rights

The ICCsiPs have the right to usc their traditional justice systems conflict resolution institutions or peace-building processes which are oriented to settlements reconciliation and healing and as may be compatible with existing Imvs and accepted human rights Towards this end their structures and mechanisms for indigenous contlict-resolution as well as implementation of peace and order measures shall be supported

Section 3 Documentation The OSCC shall assist the ICCsIPslTPs to document cases resolved under the indigenous justice systems contlict resolution mechanisms and peace building processes in order to provide referenccs to be used in resolving conflicts involving I CCsIPsTPs

Section 4 Tribal Courts - The Autonomous Regional Government shall recognize and respect the justice system including the tribal courts of the ICCs]PsITPs It shall provide assistance in the establishment and strengthening of said tribal courts and provide support for the tribal justices or jury In regard thereof the Autonomous Regional Government shall appropriate Cunds for the development of tribal courts and enhanccment of the capability and competence of the tribal justices or jury

The tribal courts shall have among others the following powers and functions

a) To hear and decide cases where customary laws traditions and practices will apply

b) To determine cases involving basic rights arising under MMA Act No 241 or these rules and regulations

c) To settle controversies submitted to it by option and voluntary act of the parties

d) To exercise exclusive jurisdiction over crimes committed by members of ICCslPsITPs where the imposable penalty as prescribed by the Revised Penal Code or other pertinent laws docs not exceed imprisonment of six (6) years or a fine not cxceeding Fifty Thousand Pesos (PSOOOOOO) or both and where the offended party or parties arc also members of the indigenous cultural community concerned and

e) Such other issues or controversies that may be heard and decided by said courts

Section 5 Rules of Procedure -- The tribal courts contemplated under these rules may adopt their own set of procedures that will govern their proceedings Among others they may devise their own rules on evidence jurisdiction appeals burden of proof and similar others in order to securc a just speedy and inexpensive determination of evcry Issue or controversy submitted to them for resolution

The due process requiremcnts observed by regular courts ofjustice may not be identically adopted by the tribal courts However tribal court proceedings must afford the concerned p~rties the basic tenets of due process established by the Constitution ~J It

I~ 10

Section 6 Indigenous Structures on Peace and Order - The Autonomous Regional Government shall recognize indigenous structures or systems which promote peace law and order

These indigenous structures include but not limited to the following

a) Timuay Justice and Governance by the Teduray and Lambangian

b) Dulangan Manobo Tribal Justice and Self Governance (Kcna Mcnuwa) for Dulangan Manobo and

c) Such other indigenous structures that may be identified by the osee

The indigenolls systems shall also include local peace enforcers such as the Dyaga Fcnuwo and Agubalang

RULE VI Right to Determine Policies Development Programs and Projects within the Ancestral DomainsLands

Section I Free and Prior Informed Consent - The ICCs IPs shall within their communities determine for themselves policies development programs projects and plans to meet their identified priority needs and concerns They shall have the right to be asked for their free and prior informed consent in relation to any proposed government or private project to be implementcd within their ancestral domain lands

a) Scope of the ICCsIPs whose Consent shall be Secured The scope of the ICCs IPs whose free and prior informcd consent is required shall depend upon the impact area of the proposed policy program projects and plans such that

I When the policy program project or plan affects only the particular community within the ancestral domain only such community shall give their free and prior informed consent

2 When the policy program project or plan affects the entire ancestral domain the consent of the concerned ICCs IPs within the ancestral domain shall be secured and

3 When the polilY program project or plan affect a whole range of territories lovering tO or more ancestral domains the wnsent of all affected ICes IP lommunities shall be secured

b) Procedure and Requirement for Securing ICCs IPs Consent The consensus building process of each paJiicular indigenous cultural community shall be adhered to in seluring the ICes IPs Free and Prior lnformld Consent For purposes of documentation and monitoring the OSCC shall assist document and witness the process of securing Free and Prior Informed Consent The basic elements in the consensus building process shall include the minimum information dissemination to all members of the concerned indigenous peoples communities assessmcnt of the concerns or issues by appropriate assemblies in accordance with the customs and traditions and discernment and initial decision by recognized council of elders affirmation of the decision of the Elders by al the members of the community The osec shall adopt the FPle Guideli~S1 of the NCIP to govern such procedure T

(~ 11

The following minimum requirements shall be strictly complied with

1 For every meeting notices thereof written in English or Pilipino and in the IP languagc and authorized by community elders leaders shall be delivered and posted in conspicuous places or announced in the area where the meeting shal I be conducted at least one ( 1 ) month before the scheduled meeting in accordance to the FPle Guidelines ofNCIP

2 All meetings and proceedings where the proponent shall submit and discuss all the necessary information on the proposed policy program project or plan shall be conducted in a process and language spoken and understood by the ICCs IPs concerned

3 The minutes of meetings or proceedings conducted shall be written in English or Pilipino and in the language of the concerned ICCs IPs and shall be validated vvith those who attended the mecting or assembly before the finalization and distribution of the minutes

4 Consent or rejection by the ICC IP community shall be signified by affixing signatures or thumb marks in a document written in their own language or dialect with corresponding English or Pilipino translation Signatures or thumb marks shall be considered valid only when it is affixed on each and every page of the document signifying consent or rejection In case of rejection the ICCs IPs shall state in the document of rejection whether or not they shall entertain alternative proposals of similar nature and

5 Any alternative proposal shall be subject to thc Frce and Prior InCormed Conscnt or the ICes IPs in accordance with the foregoing procedures and requirements

e) Obligations of the Proponent The proponent of any policy program project or any activity requiring the Free and Prior Informed Consent of the ICCs IPs community shall

1 Submit to the IP community an undertaking written in a languagc spokcn and understood by the community concerned that it shall commit itself to full disclosure of records and information relevant to the policy program project or activity and allow full access to records documents matcrial information and Llcilities pertinent to the same

2 Submit to the IP community and the OSCC in a language understandablc to the concerned community an Environmental and Socio-cultural Impact Statement detailing all the possible impact of the policy program projcct or activity upon the ecologicaL economic social and cultural aspcct of the community as a whole Such document shall clearly indicate how advcrse impacts can be avoided or mitigated

3 Submit an undertaking in writing to answcr Cor damages which the ICes IPs may suffcr on account oCthe policy program project plan or activity and deposit a cash bond or post a surety bond with the OSCC when required by the community equivalent to a percentage of its investments subject to progressive increasc depending upon the impact of the project The amount of bond shall be determined by thc osee vith the concurrence oCthe ICes IPs concerned and

a Underwrite all expenses attendant to securing the free andprior informed conscnt (lrthe ICes IPs ~)rz

(tf 12

d) Development and Cultural Activities SUbject to Free and Prior Informed Consent (FPIC) Policies programs projects plans and activities subject to free and prior informed consent shall include but not limited to the following

1 Exploration development exploitation and utilization of natural resources VIi thin ancestral domains lands

2 Research in indigenous knowledge systems and practices related to agriculture Corestry watershed and resource management systems and technologies medical and scientiJic concerns bio-diversity bioshyprospecting and gathering oC genetic resources

3 Displacement and relocation

4 Archeological explorations diggings and excavations and access to religious and cultural sites

5 Policies affecting the general welfare and the rights ofICCs IPs and

6 Entry of the Military or paramilitary forces or establishment of temporary or permanent military facilities within the domains

e) Non-transferability of Consent The free and prior informed consent granted by the ICCs IPs for a particular proposed policy program project or plan as a general rule shall both be transferable to any other party except in case of merger reorganization transfer of rights acquisition by another entity or joint venture Provided that there will be no changes in the original plan program project or policy and Provided further that the same shall not prejudice the interest rights and welfare of the concerned ICCs IPs

RULE VII Relationship with National Regional and Local Governments

Section 1 Representation to Policy Making Bodies - The ICCsIPsITPs shall be provided representation to all levels of policy making bodies within the Autonomous Region Aside from executive or administrative bodies these shall include all legislative bodies in all levels of local government units within the region as well as the Regional Assembly of the ARMM The representation of ICCslIPs shall be proportionate to their population and they shall be entitled to the same privileges as the regular members thereof

The ICCsIIPsTPs representatives shall be qualified and chosen by their own communities in accordance with the process to be determined by them In consultation with the ICCsIPsITPs the osee in close coordination vvith DltG shall come up with appropriate measures to ensure the full participation of ICesIPsTPs in matters affecting their development Such measures shall also include the provision of technical assistance to develop the ICCsIPsITPs representatives knowledge of traditional socio-political systems customary laws justice system and skills in interfacing with non-indigenous governance and policy making

Section 2 Relationship With Barangay Officials - The barangay otticials and traditional leaders of the ICCsIPsTPs such as the Til11uays or Datus should work together closely to address the cOl11mon concerns of the community III matters relating exclusively to the

ttl

(~ 13

members of the ICCsIIPsTPs the jurisdiction and decision of their traditional leaders shall bc respected and recognized by the conccrned barangay officials

The jurisdiction and decision of such traditional leaders shall apply but not limited to the following issues

1) All issues or disputes between and among members of the ICCsIPsTPs

2) All cases where customary laws will apply

3) Cases involving basic rights arising under 1 11 A Act No 241 or these rules

4) Disputes arising from customary contracts in which the parties are members of ICCsIIPsTPs if they opt to be mediated by a traditional leader and

5) Such other issues or disputes that may be heard and decided by a traditional leader at the option of the concerned parties

Section 3 Coordination with Law Enforcement Agencies - The tribal cou11s and the traditional leaders of the ICCslIPs shall coordinate with the proper law enforcement agencies of the Autonomous Regional Government and the local government units concerned for the implementation and enforcement of their decisions cspecially in criminal cases falling within their jurisdiction Said law enforcement agencies and local units shall recognize the authority of these tribal courts and traditional leaders and obey the writs and orders that may be issued by them in aid of their jurisdiction

Failure of the concerned to abide by the orders of these courts shall be a suflicient ground for the filing of indirect contempt case against them before any competent court

The tribal courts and traditional leaders shall adopt measures to maintain close coordination with the partner agencies and concerned LGUs to ensure speedy expeditious efficient and effective execution and enforcement of their orders and decisions

RULE VIII Rights During Armed Conflicts - The lCCsIPsTPs shall have the right to special protection security and safety during the periods of armed conflicts Thc Autonomous Regional CJovemment shall ensure the observance of international standards and rule of law for the protection and safety of civilian populations in the events of emergency and armed conflicts

Section 1 The Right To Special Protection Security And Safety During Armed Conflicts During armed conflicts the follc)ving rights ofthc members of the ICCsIPsTPs shall be guaranteed and observed

a Right not to be recruited in any military paramilitary or other armcd groups against their will or consent

b Right against involuntary membership to any armed group in conf1ict with ICCsIPsTPs or when said recruitment is for the use against other ICCsI1PsITPs

c Right against recruitment or children or the ICCsIPsTPs into the Armed Forccs of the Philippines Philippine National Police paramilitary units or any armed group under any circumstance even vith the consent of the concerned children

d Right against involuntary servitude during any armed connict e Right against recruitmcnt to military paramilitary or any armed group if the same

will result to abandonment of land territories and means of subsistence by the recruits

r Right against involuntary relocation to special centers for military purposes under any discriminatory condition and

g Right to compensation as provided in Rule VIII when the displacement dl1e h

the conflict becomes permanent 11ti 14

h Such other rights available to the members o[ the ICCsiPs in times of armed conflicts under existing laws and international humanitarian law

Section 2 Special Protection for Children of ICCsIPs During Armed Conflict

In addition to the aforementioned rights the children of ICCsIPsTPs shall be entitled to protection survival and development consistent with the customs and traditions of their indigenous communities especially in timcs of armed conflicts To attain this objective the following guidelines shall be strictly followed

1 In any armed contlict children of ICCsIPsTPs shall not be the object of attack and shall be entitled to special respect They shall be protected [rom any form o[ threat assault torture or other crueL inhumane or degrading treatment

2 Children of ICCsIPsTPs shall not be allowed to participate III any armed confrontations or be used as guides couriers or spies

3 Delivery of basic services to affected ICCsIPsTPs shall be kept unhampered even during times of armed conflicts

4 Schools hospitals clinics health centers and other infrastructures intended for the children shall not be utilized for military purposes

5 All appropriate steps shall be taken to facilitate the reunion

Section 3 Evacuation and Temporary Shelter During Armed Conflicts - Children of ICCsIIPsTPs shall be given priority during evacuations as a result of armed conf1icts Existing community organizations shall be tapped to look after the safety and well-being of the concerned children during evacuation operations Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being

Whenever possible members of the same family shall be housed in the same premises and given separate accommodations from other evacuees and provided with facilities to lead a normal family life In places of temporary shelter expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs If feasible children shall be given opportunities for physical exercise sports and outdoor games

The leader of the ICCsIPsTPs or chairman of the barangay affected by the armed conflicts shall submit the names of children residing in said barangay to the concerned social welfare and development office and to the OSCC within twenty-four (24) hours from the occurrence of the armed conflicts

Section 4 Rights of Children Arrested for Reasons Related to Armed Conflicts shyAny child belonging to the TCCsIPsTPs who has been arrested [or reasons related to armed conflicts either as combatant courier guide or spy is entitled to the following rights

a) Separate detention from adults

b) Immediate free legal assistance

c) Immediate notice of such arrest to the parents or guardian of the child and

d) Release of the child on recognizance to the custody of the DSWD or to the leader of the indigenous community to which the child belongs 91

15

RULE IX The Mechanisms in ARMM Government

Section 1 The Office for Southern Cultural Communities (OSCC) In addition to the devolved powers and functions of the Office for Southern Cultural Communities (OSCC) pursuant to Executive Order Number 462 series of 199 L the OSCC-ARMM shall be the primary agency to implement this Act and it is implementing rules and regulations The Office of the Regional Governor thru the Regional Assembly shall provide additional funds for the implementation of this Act

Until the NCIP-ARMM is organized the OSCC shall accept applications for Certificate of Ancestral Domains Title Certificate of Ancestral Lands Title (CADT CALT) as the authorized agent of the NCIP And upon acceptance of the application forward such applications to CIP for processing

In the event that cases are not resolved at the level of the Kefeduwans and Tegcantang pursuant to Rule V of this IRR the Kefeduwans and Tcgcantang shall endorse to OSCC such case for appropriate intervention The osce shall set-up a legal desk and establish procedures of interventions and settlement of cases of such nature

Section 2 Deputy Regional Governor for Indigenous Cultural Communities Indigenous Peoples The Deputy Regional Governor for Indigenous Peoples (ICCs IPs TPs) as provided under Article VII Section 6 of RA 9054 shall monitor the progress of the implementation of MMAA 241 and shall advise the Regional Governor as to how the implementation can be optimized The Deputy Governor shall have the primary task of bringing the concerns of the Indigenous Cultural Communities Indigenous Peoples Tribal Peoples (lCCsIPsTPs) to the attention of the Executive Council as provided under said provision ofRA 9054 and directly to the Regional Governor as well The Deputy Regional Governor shall likevise act in behalf of the Regional Governor and Vice-Governor with mandate from both ollicials in relation to issues and concerns or the ICes IPsTPs within the ARMM and in coordination with OSCe

The Deputy Regional Governor for IPs shall monitor programs and activities of LGUs government agencies and non-government organizations affecting indigenous constituents and shall provide counsel to constituents on the access of service and programs in coordination with these agencies The Deputy Governor shall provide advice and recommendations to the Regional Governor and the Executive Council towards the full protection and promotion of the rights of the indigenous peoples in the ARMM

RULE X Unlawful Acts - Any person found guilty of any of the following acts shall be penalized in accordance with l~evised Penal Code Republic Act Act 837 L and other applicable laws

1 Unlawful or unauthorized intrusion into ancestral domainslands

2 l1isrepresentation in obtaining the Cree and prior informed consent of ICCsIPsTPs

3 lJsurpation of rcal rights in property

4 Forcible displacement or relocation of ICCsIPsITPs from their ancestral

domainslands and

5 Pollution of the air and bodies of water within the ancestral domainslands

RULE XI Persons Liable - The following are liable for punishment for violation of the rights of ICCsIPsTPs enumerated under MMAA 241 and these rules

1 Any individual whether a member of the same or different indigenous eoml11unitie

or not J

lt 16

2 Any individual who is non-JP whether a Filipino or alien 3 In case of violations committed by juridical persons the manager president chief

executive officer or any of the officers of such juridical persons and Government

officials officers or employees

RULE XII Penalties - The ICCsIPsTPs whose rights have been violated may penalize any violator in accordance with their customary laws except when the penalty is cruel degrading or inhuman or where the penalty is death or excessive fine

The concerned ICCsIPsTPs may also resort to courts of justice for the imposition of corresponding penalties in cases where the violator is non-IP or outsider

RULE XIII Saving Clause - Nothing in these rules and regulations shall be construed to amend or modify the pertinent provisions of MMA Act No 241 The herein rules and regulations only provide for the details of the applications of the basic provisions of said substantive law

RULE XIV Penalty Clause - Any violation of these rules and regulations shall be dealt with according to applicable laws In addition ifthe violator is a government official or employee he or she shall suffer the penalties provided under the Civil Service Rules and Law

RULE XV Periodic Review - The OSCC andor Stakeholders may call for the periodic review of these rules and regulations as may be necessary

RULE XVI Separability Clause - If any portion or provision of these rules and regulations is declared void or unconstitutional the remaining portions or provisions thereof shall not be affected by such declaration

RULE XVII Repealing Clause - All circulars memoranda rules and regulations or parts thereof inconsistent herewith are hereby repealed or modified accordingly

RULE XVIII Effectivity Clause - These rules and regulations shall take effect after ten (10) days following the completion of corresponding publication in a n regional circulation

HON ilt=tF Assemblyman Regional Legislative Assembly

Representative for Indigenous Peoples

fi(i11r -CI INGILANHON HILARIO TANZO

Deputy Governor for Indigenous Peoples Represe~ ative Dulangan Manobo-ARMM

c~ TIMUAY LAB I SANNIE BELLO

Supreme Chief Timuay Justice and Governance (TJG)

IMA KANAKAN Al Haj ecutive Director OSCC

Chair IP Technical Working Group 17

Section 4 Declaration of Poliey- The AutonomoLls Regional Government reaffirms the policies embodied in the Philippine Constitution Indigenous Peoples Rights Aet Republic Act No 9054 and other existing special laws recognizing indigenous peoples rights and international treaties agreements covenants and declarations concerning indigenous peoples It is hereby declared the policy of the Autonomous Regional Government to recognize respect promote preserve and protect the rights of the indigenous cultural communities indigenous peoples and tribal peoples within the framework of national and regional unity and development Towards this end it shall preserve and develop their cultures traditions and institutions protect their inherent right to self-governance and integrity of their values practices and institutions Furthermore the Autonomous Regional Government shall protect their rights to their ancestral domain to ensure their economic social and cultural well being It shall guarantee the right of indigenoLls peoples to freely pursue their economic social and cultural development and establish the means for their empowerment

Section 5 Guiding Principles The following operating principles shall be adopted in the implementation of the policies under these rules

a) Equity and Justice In relation to the search Cor harmonious relationships of all segments of the ARMM society to enhance regional unity the principles of equity and justice to which the indigenous communities adhere provide an essential basis for thc full development of said communities

h) Law and Order The establishment and enforcement of indigenous justice systems of the tribal or indigenous peoples or communities redound to the attainment of a more ordered life among these communities The consideration of their customs beliefs and interests in the formulation and implementation of policies promotes the advancement and effective participation of these communities in the building of the society

c) I~thno-linguistic Development The satisfaction of the requirements of regional solidarity and social justice entails the strengthening of all the ethno-Iinguistic communities within the context of their respective ways of life in order to bring about a sustainable ethno-Iinguistic development

d) Unity Out of Cultural Diversity The diversity of cultures traditions beliefs and aspirations of indigenous peoples shall be cneouraged and fostered in openness mutual respect for and active defensc of the equal and inalienable dignity and universal indivisible interdependcnt and interrelated rights of every human being in the spirit of inter-people cooperation

e) Dialogue and Consensus In resolving conflicts or disputes affecting or pertaining to indigenous peoples any determination or decision thereon shall be reached through dialogue and consensus as nlr as practicable

n Human Dignity The inherent and inalienable distinct character sacred human dignity and unique identity of indigenous peoples shall be rcspeeted

Section 6 Construction and Interpretation - The primary sources of the customary laws of the indigenous or tribal peoples and indigenous communities shall be considered in the construction and interpretation of the provisions of Muslim Mindanao Autonomy Act ]0 241 and these rules 1

Specifically the following ruling shall apply

2












I 3

t











~~~ ~V ~

4













5














I i

6














IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16































I 3

t











~~~ ~V ~

4













5














I i

6














IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16




















t











~~~ ~V ~

4













5














I i

6














IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16
































5














I i

6














IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16

































I i

6














IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16

































IyPf

7

















~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16




































~ 8












9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16































9














I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16

































I~ 10














(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16

































(~ 11












(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16































(tf 12













ttl

(~ 13





































15












domainslands and




or not J

lt 16
































ttl

(~ 13





































15












domainslands and




or not J

lt 16
























































15












domainslands and




or not J

lt 16































domainslands and




or not J

lt 16




















implementing rules and regulations of the tribal peoples' rights act (muslim mindanao autonomy...

Documents

gover justicesystems

articlexancestral domain

consideration of theircustoms

indigenouspeoples actno

inorder tofacilitatecompliance

thediversityof cultures

themeansfortheir empowerment