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lt011 0 iNO Republic of the Philippines-~tt ~-toiI

(j~(ir OFFICE OF THE PRESIDENT ~ NATIONAL COMMISSION ON INDIGENOUS PEOPLESgtt 2nd Floor N del a Merced Bldg ComerWest amp Quezon Aves Quezon City Tel Nos 373-9534middot Trunklinc 575-1200

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1 JJAti LOW O~ ~i~rU-) uV1J1 I 1 _~- Pl I

OFFICE OF THE CHAIRPERSON U~ LTD j 1l~r~l7ampJl_ Olmiddot)fttI()~ i~()~ ~ --10 - 0 ( - (~

LLaj 1fflJllt OjC (()9mUlIl 201J)

FORTHE COMMISSION EN BANe

RE Application of RA 8371 in the ARMM

INTRODUCTION

With the Advent of the Bangsamoro Framework Agreement signed by

1the

l government and the Moro Islamic Liberation Front (MILF) we are now

at a curious juncture as to the future of lumads in Mindanao once the B~ngsamoro basic law is in place In a briefing in Davao City Chainnan l~iriam Colonel-Ferrer assured that customary laws and indigenous dispute resolution mechanisms shall be recognized in the administration of justice in the Bangsamoro and that IPs rights in the Constitution IPRA and even in~ernational laws and covenants were provided in the framework iiagreement Further she urged indigenous groups to propose development projects for their comn1unities adding that they should utilize the iAutonomous Region in Muslim Mindanao (ARMM) as an arena to secure th~ir rights and ancestral domain claims

Though the statement offered a room of assurance to IP groups the d~eper n1essage echoes a reminder to the NCIP that it has a small margin of

opportunity to extend its helping hand to the ICCslPs before the basic law lccimes full circle It means the NCIP can do a lot of things that are within its

I

[authority and financial and technical capacity to pursue plans and programs Ifar the protection and recognition of the rights the ICCsIPs in the ARMM ar~as while preparations for the Bangsamoro framework is underway i I

i

ITRE LUMADS AND THE MOROS

I i The Lumads view themselves as distinct from Moros because they didI

not convert to Islam centuries ago Both groups are indigenous to iMindanao Moros however do not for the most part refer to themselves aSf

I bull

iI)digenous peoples because they have sought to establIsh a separate ipqlitical identity There are approximately eighteen major non-Muslim in~igenous ethnic groups in Mindanao for a total population of roughly nine Lmillion Within the Autonomous Region of Muslim Mindanao (ARMM) jiLtunads account for only 2 percent of the population (around 60000) compared to Muslilns who constitute 90 percent (roughly 25 nlillion) Most Lumad communities are in remote areas where poverty is high education is I

lo~ and government services poor or non-existene

i There is not much binding the non-Muslim indigenous peoples of ~~ndanao together In contrast the thirteen ethno-linguistic groups who a~e known as the Bangasamoro share one faith Islam and COlnmon identity if I one vaguely defined Nevertheless at the founding congress of the ofganization LUlnad Mindanaw in June 1986 representa6ves from fifteen different tribes began using the term Lumad to refer to the indigenous p~oples of Mindanao Like the Moros the Iumad experienced cycles of land i gJJabbing and displacement as Mindanao was incorporated into the P~ilippine state over the course of the twentieth century During the i American colonial period (1898-1946) tribes lost control over their land

because of legislation that did not recognize customary property rights p~wing the way for an influx of Christian settlers from elsewhere in the c~)Untry Anned conflict in Mindanao erupted in the 1960s and 1970S - the

P~lilippine governlnent was simultaneously fighting the communist New Peoples i Mmy(NPA) and the Moro National liberation Front (MNLF) The loss of their land I

is not just a historical injustice for the Lumad territory is integral to their identity and the basis of tribal self-governance The tribes likely to be affected by a final settlement with the MILF are scattered across Central ~indanao the Zamboanga peninsula and the Sulu archipelago Of those already

v0thin the ARMM the most numerous are the Teduray-Lambiangian ofMaguindanao that number roughly 60000 There are smaller numbers of Dulangan Manobo and

~laan in Maguindanao as welL In Lanao del sur there are Higaonon while the Badjaoof Basilan Sulu and Tawi-Tawi also identifY themselves as non-islamized ethnic

groups Several other tribes live around the fringes of the ARMM including the Erumanen-Menuvu in North Cotabato

I The Lumad have lived alongside the Moros for centuries with some intermarrying and even taking up arms for the MNLF and MILE but

t~nsions persist This history as passed down through oral tradition is I c1bntentious and pivots on conflicting narratives of oppression On the on~

I

1 Indigenous Rights and the MILF Peace Process wwwacademiaedu

I

I haihd many Lun1ads lament their ancestors enslavement by the d~tus(highborn Muslim leaders) On the other Many Moros are baffled as towhy the tribes cannot see who the real interlopers in Mindanao are the Cl1ristian settlers They say that it was the government not the Sulu or Mkguindanao sultanates that once ruled much of what is now southern P~ilippines which passed discriminatory legislation and took indigenous

lahds As a member of Moro Civil society commented The Lumad is illogical-that they would side with the oppressor Lumad activists strongly d~sagree As a woman activist based in Davao said the tradition of

oppression was with the Moros not the Christians We will never subject ourselves to Moro domination This [efforts to secure a Bangsamoro subshystate including ancestral land land] is just a continuation of efforts to

cQnquer us during the sultanate2

1 This history bears on the present in several ways The Lumad of dentral Mindano believe they share ancestors with the Maguindanaon and t~e Maranao two of the largest ethnic groups that make up the Bangsamoro and the two dominant groups in the MILF In the version heard in the Cotabato area there were two brothers one of whom Apu Tabuna-way

I cpnverted to Islam while Apu Mamalu did not Many tribes explain how I traditional peace pacts agreed between their ancestors and Maguindanaon

I

~nd Maranao elders divided Mindanao along the lines of ethnicity and religion Lumad leaders have increasingly invoked these ancient pacts in the

I

qontext of the peace process although there is no written record of them They say these agreements provide the basis for mutual respect and qoexistence and can help achieve a just peace in Mindanao Tribal leaders and the panel appointed to negotiate on behalf of the MILF with the Aquino government agreed during a dialogue in Cagayan de Oro on 12 June 2011 to feaffirm these pacts

I Nhile this may dispel son1e mistrust what matters is the impact if any such gestures will have on the peace process The content of the pacts ren1ains obscure and the boundaries between Moros and Lumads have hifted overtinle As a prominent member of the Moro civil society pointed put it is unclear if these traditional agreements entailed the division of territory and systems of governance An Erumanen-Menuvu datu (tribal Ichieftain) from North Cotabato disagreed saying That boundary [between

IMoro and Lumads is not only a boundary of territory it is a boundary of ifaith a boundary of economic activity a boundalY of political rulings it i~

Ibid page 3 I

a boundary of everything Others question whether the MILF as an o~ganization has the authority to reaffirm pacts that were originally i c6ncluded between tribal leaders and Maguindanao and Maranao elders3

i The Lumads remain on the sidelines of the peace process and have p~enty of reason to be worried They fear they will be the sacrificial lambs of a final settlement because they are not a party to the negotiations 4

i EI-IE ARMM AND IPRA

In 2000 the powers of the ARMM were expanded to include the responsibility of the Regional Government to protect the ancestral l~ndsdomains of the Lumads in the ARMM Since the NCIPs powers and ~unctions were not devolved to the ARMM the regional assembly ~romulgated Resolution No 269 that became the basis of a memorandum of

Ifmderstanding between the NClP and the Regional Government to make the IPRA as the legal fran1ework for IP ICC rights while legislation of a local

version of IPRA is being undertaken by the Regional AsselTIbly I

Sometime in 2008 the Regional Assembly enacted Act No 241 known as An Act to recognize respect protect and prOlTIote the rights governance and justice systems and customary laws of the indigenous peoplestribal peoples of the ARMM The local law reaffirmed the policies and principles enshrined in the IPRA and international law

II I

In 2012 the rules and regulations implelTIenting the local law was Passed One of the highlights of such IRR gave emphasis to the processing of CADTsCALTs

Rule IX Section 1

ax X X Until the NCIP-ARMM is organized the osee shall accept applications for certificate of Ancestral Domain TitleCertificate of Ancestral Land Title (CADTCALT) as the authorized agent of the NCIP And upon acceptance of the

I

application forward such applications to NCIP for processing Xa4shy

x x

3 ibid 4 ibid

I

ISSUES

The pressing issues are outlined hereunder

(1) Can the NCIP process and issue CADTsCALTs over ancestral domainland claim application in the ARMM

(2)Can the NCIP extend recognition of the IP Muslillls in the ARMM

(3) Does it have the authority to implement the Mandatory Representation in the ARMM

DISCUSSIONSRECOMMENDATIONS

(1JCADTCALT applications in

theARMM i

I

The NCIP can process CADT CALT applications within the ARMM There is no limitation of this authority in the law and that the powers and fpnctions of the NCIP were not expressly devolved in the ARMM autonomous government Further the local legislation (Act No 241) and its

iUlp]enlenting rules and regulations have expressly acknowledged the ~pthority of the NCIP to delineate ancestral domainland clailTIS in the ARMM However to avoid legal complications and legal challenges that I

i rl1ight devour the short remaining time the NCIP must respect the Ii Rfocedures outlined in the IRR of Act No 241 Thus all applications must

first be accepted by the OSCC the authorized agent of NCIP under the IRR before the NCIP processes the same pursuant to RA 8371 and all relevant

I 1regu atlOns --

Considering the shortness of time the NCIP is advised to initiate a ~ 4ialogue with representatives of the Regional Governor OSCC and OPAPP

~pr the possible cr~fting of an agre~ment that will thresh out the mechanics procedures technIcal support servIces and fund allocations of CADT CALT for delineation The agreenlent is necessary to bind these offices of

Tommitments timetables tasking and their coordinative efforts to ensureQ1-shy tpat target outputs will be accomplished in due time I I Ii 1 It I 02) Recognition ofIP Muslims in theARMM t I

This function is lodged with the OSSC under its charter when it was dkvolved with the ARMM and is mandated to carry that task while the

I

ARMM is in existence This function was reaffirmed and strengthened in Act No 241 and its IRR thus

Rule IV Section 3

(The ICCsIPsTPs concerned shall have the sole power to atxthenticate indigenous leadership titles and certificate of membership The ICCsIPsTPs shall have the following rights

IiI I (a) Right to Confer Leadership Titles The ICCsIPsTPs

concerned in accordance with their customary laws and practices shall have the sole right to vest titles of leadership

(b) Recognition of Leadership Titles To forestall undue conferment of leadership titles and misrepresentations the ICCsIPsTPs concerned may at their option submit a list of their recognized traditional socio--political leaders with their corresponding titles to the oscc The OSCC shall conduct a field validation of said list and shall maintain directory thereof

I (c)Issuance of Certificates of Tribal Membership Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members Such certificates shall be confirmed by the osce based on its records and shall have effect only for the purpose for which it was issued The osce shall support the initiatives projects and activities of the ICCsjIPsTPs that will strengthen and develop their socioshypolitical and leadership systems

Nevertheless the NeIP must negotiate that this matter be included in the agreement for purposes of fast tracking the process and for the allocation of funds to D1eet the target i

(B) Mandatory RepresentationI

iin the ARMAI Legislative Government

This function was carefully spelled out in Act No 241 of the ARMMImiddot I

qnd its IRR The local law expressly recognized the rights of thegt

ICCsIPsTPs participate fully in all levels of decision-making and ensured mandatory representation in the policy making bodies and other local lepisIative councils 0

i This legislation can be the starting point of a negotiation with ARMM but needs to be included in the agenda to be presented in the proposed dialOGue so that it will be part of the agreement between the concerned

I 0

I agencies of the governnient

GHALLENGES

(a) It may take a year or less for the Bangasamoro basic law to be fully implemented in identified areas in Mindanao This small window of opportunity might not be sufficient for the NCIP to fully attain its target in delineating AD AL in the ARMM areas taking into consideration boundary conflicts political entity interventions and complaints and cases that may arise during the delineation

(b) For one the limitation of its budget and shortness of technical personnel to conduct survey activities might hamper the processing ofCADTCALT applications

(c) Tasking is one problem The Commission has to identify what

I ~ NCIP region or regions will implement the program If not feasible

composite teani or a task force must be created by the Commission to deal with the gargantuan tasks Whatever arrangement is made it is very clear that some on-going tasks and programs in other areas and regions must be sacrificed to accommodate the urgency of the ARMM targets

(d) Legal challenges are not farfetched Third parties who may be affected by the ongoing delineation are expected to file cases in the courts to challenge our authority in extending our jurisdiction over the ARMM areas Though we truly believe that there are no legal impediments in doing so we cannot stop affected parties to raisEt questions in the proper fora

Submitted this 9th day of January 2013

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I

a boundary of everything Others question whether the MILF as an o~ganization has the authority to reaffirm pacts that were originally i c6ncluded between tribal leaders and Maguindanao and Maranao elders3

i The Lumads remain on the sidelines of the peace process and have p~enty of reason to be worried They fear they will be the sacrificial lambs of a final settlement because they are not a party to the negotiations 4

i EI-IE ARMM AND IPRA

In 2000 the powers of the ARMM were expanded to include the responsibility of the Regional Government to protect the ancestral l~ndsdomains of the Lumads in the ARMM Since the NCIPs powers and ~unctions were not devolved to the ARMM the regional assembly ~romulgated Resolution No 269 that became the basis of a memorandum of

Ifmderstanding between the NClP and the Regional Government to make the IPRA as the legal fran1ework for IP ICC rights while legislation of a local

version of IPRA is being undertaken by the Regional AsselTIbly I

Sometime in 2008 the Regional Assembly enacted Act No 241 known as An Act to recognize respect protect and prOlTIote the rights governance and justice systems and customary laws of the indigenous peoplestribal peoples of the ARMM The local law reaffirmed the policies and principles enshrined in the IPRA and international law

II I

In 2012 the rules and regulations implelTIenting the local law was Passed One of the highlights of such IRR gave emphasis to the processing of CADTsCALTs

Rule IX Section 1

ax X X Until the NCIP-ARMM is organized the osee shall accept applications for certificate of Ancestral Domain TitleCertificate of Ancestral Land Title (CADTCALT) as the authorized agent of the NCIP And upon acceptance of the

I

application forward such applications to NCIP for processing Xa4shy

x x

3 ibid 4 ibid

I

ISSUES

The pressing issues are outlined hereunder

(1) Can the NCIP process and issue CADTsCALTs over ancestral domainland claim application in the ARMM

(2)Can the NCIP extend recognition of the IP Muslillls in the ARMM

(3) Does it have the authority to implement the Mandatory Representation in the ARMM

DISCUSSIONSRECOMMENDATIONS

(1JCADTCALT applications in

theARMM i

I

The NCIP can process CADT CALT applications within the ARMM There is no limitation of this authority in the law and that the powers and fpnctions of the NCIP were not expressly devolved in the ARMM autonomous government Further the local legislation (Act No 241) and its

iUlp]enlenting rules and regulations have expressly acknowledged the ~pthority of the NCIP to delineate ancestral domainland clailTIS in the ARMM However to avoid legal complications and legal challenges that I

i rl1ight devour the short remaining time the NCIP must respect the Ii Rfocedures outlined in the IRR of Act No 241 Thus all applications must

first be accepted by the OSCC the authorized agent of NCIP under the IRR before the NCIP processes the same pursuant to RA 8371 and all relevant

I 1regu atlOns --

Considering the shortness of time the NCIP is advised to initiate a ~ 4ialogue with representatives of the Regional Governor OSCC and OPAPP

~pr the possible cr~fting of an agre~ment that will thresh out the mechanics procedures technIcal support servIces and fund allocations of CADT CALT for delineation The agreenlent is necessary to bind these offices of

Tommitments timetables tasking and their coordinative efforts to ensureQ1-shy tpat target outputs will be accomplished in due time I I Ii 1 It I 02) Recognition ofIP Muslims in theARMM t I

This function is lodged with the OSSC under its charter when it was dkvolved with the ARMM and is mandated to carry that task while the

I

ARMM is in existence This function was reaffirmed and strengthened in Act No 241 and its IRR thus

Rule IV Section 3

(The ICCsIPsTPs concerned shall have the sole power to atxthenticate indigenous leadership titles and certificate of membership The ICCsIPsTPs shall have the following rights

IiI I (a) Right to Confer Leadership Titles The ICCsIPsTPs

concerned in accordance with their customary laws and practices shall have the sole right to vest titles of leadership

(b) Recognition of Leadership Titles To forestall undue conferment of leadership titles and misrepresentations the ICCsIPsTPs concerned may at their option submit a list of their recognized traditional socio--political leaders with their corresponding titles to the oscc The OSCC shall conduct a field validation of said list and shall maintain directory thereof

I (c)Issuance of Certificates of Tribal Membership Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members Such certificates shall be confirmed by the osce based on its records and shall have effect only for the purpose for which it was issued The osce shall support the initiatives projects and activities of the ICCsjIPsTPs that will strengthen and develop their socioshypolitical and leadership systems

Nevertheless the NeIP must negotiate that this matter be included in the agreement for purposes of fast tracking the process and for the allocation of funds to D1eet the target i

(B) Mandatory RepresentationI

iin the ARMAI Legislative Government

This function was carefully spelled out in Act No 241 of the ARMMImiddot I

qnd its IRR The local law expressly recognized the rights of thegt

ICCsIPsTPs participate fully in all levels of decision-making and ensured mandatory representation in the policy making bodies and other local lepisIative councils 0

i This legislation can be the starting point of a negotiation with ARMM but needs to be included in the agenda to be presented in the proposed dialOGue so that it will be part of the agreement between the concerned

I 0

I agencies of the governnient

GHALLENGES

(a) It may take a year or less for the Bangasamoro basic law to be fully implemented in identified areas in Mindanao This small window of opportunity might not be sufficient for the NCIP to fully attain its target in delineating AD AL in the ARMM areas taking into consideration boundary conflicts political entity interventions and complaints and cases that may arise during the delineation

(b) For one the limitation of its budget and shortness of technical personnel to conduct survey activities might hamper the processing ofCADTCALT applications

(c) Tasking is one problem The Commission has to identify what

I ~ NCIP region or regions will implement the program If not feasible

composite teani or a task force must be created by the Commission to deal with the gargantuan tasks Whatever arrangement is made it is very clear that some on-going tasks and programs in other areas and regions must be sacrificed to accommodate the urgency of the ARMM targets

(d) Legal challenges are not farfetched Third parties who may be affected by the ongoing delineation are expected to file cases in the courts to challenge our authority in extending our jurisdiction over the ARMM areas Though we truly believe that there are no legal impediments in doing so we cannot stop affected parties to raisEt questions in the proper fora

Submitted this 9th day of January 2013

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I

I

ISSUES

The pressing issues are outlined hereunder

(1) Can the NCIP process and issue CADTsCALTs over ancestral domainland claim application in the ARMM

(2)Can the NCIP extend recognition of the IP Muslillls in the ARMM

(3) Does it have the authority to implement the Mandatory Representation in the ARMM

DISCUSSIONSRECOMMENDATIONS

(1JCADTCALT applications in

theARMM i

I

The NCIP can process CADT CALT applications within the ARMM There is no limitation of this authority in the law and that the powers and fpnctions of the NCIP were not expressly devolved in the ARMM autonomous government Further the local legislation (Act No 241) and its

iUlp]enlenting rules and regulations have expressly acknowledged the ~pthority of the NCIP to delineate ancestral domainland clailTIS in the ARMM However to avoid legal complications and legal challenges that I

i rl1ight devour the short remaining time the NCIP must respect the Ii Rfocedures outlined in the IRR of Act No 241 Thus all applications must

first be accepted by the OSCC the authorized agent of NCIP under the IRR before the NCIP processes the same pursuant to RA 8371 and all relevant

I 1regu atlOns --

Considering the shortness of time the NCIP is advised to initiate a ~ 4ialogue with representatives of the Regional Governor OSCC and OPAPP

~pr the possible cr~fting of an agre~ment that will thresh out the mechanics procedures technIcal support servIces and fund allocations of CADT CALT for delineation The agreenlent is necessary to bind these offices of

Tommitments timetables tasking and their coordinative efforts to ensureQ1-shy tpat target outputs will be accomplished in due time I I Ii 1 It I 02) Recognition ofIP Muslims in theARMM t I

This function is lodged with the OSSC under its charter when it was dkvolved with the ARMM and is mandated to carry that task while the

I

ARMM is in existence This function was reaffirmed and strengthened in Act No 241 and its IRR thus

Rule IV Section 3

(The ICCsIPsTPs concerned shall have the sole power to atxthenticate indigenous leadership titles and certificate of membership The ICCsIPsTPs shall have the following rights

IiI I (a) Right to Confer Leadership Titles The ICCsIPsTPs

concerned in accordance with their customary laws and practices shall have the sole right to vest titles of leadership

(b) Recognition of Leadership Titles To forestall undue conferment of leadership titles and misrepresentations the ICCsIPsTPs concerned may at their option submit a list of their recognized traditional socio--political leaders with their corresponding titles to the oscc The OSCC shall conduct a field validation of said list and shall maintain directory thereof

I (c)Issuance of Certificates of Tribal Membership Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members Such certificates shall be confirmed by the osce based on its records and shall have effect only for the purpose for which it was issued The osce shall support the initiatives projects and activities of the ICCsjIPsTPs that will strengthen and develop their socioshypolitical and leadership systems

Nevertheless the NeIP must negotiate that this matter be included in the agreement for purposes of fast tracking the process and for the allocation of funds to D1eet the target i

(B) Mandatory RepresentationI

iin the ARMAI Legislative Government

This function was carefully spelled out in Act No 241 of the ARMMImiddot I

qnd its IRR The local law expressly recognized the rights of thegt

ICCsIPsTPs participate fully in all levels of decision-making and ensured mandatory representation in the policy making bodies and other local lepisIative councils 0

i This legislation can be the starting point of a negotiation with ARMM but needs to be included in the agenda to be presented in the proposed dialOGue so that it will be part of the agreement between the concerned

I 0

I agencies of the governnient

GHALLENGES

(a) It may take a year or less for the Bangasamoro basic law to be fully implemented in identified areas in Mindanao This small window of opportunity might not be sufficient for the NCIP to fully attain its target in delineating AD AL in the ARMM areas taking into consideration boundary conflicts political entity interventions and complaints and cases that may arise during the delineation

(b) For one the limitation of its budget and shortness of technical personnel to conduct survey activities might hamper the processing ofCADTCALT applications

(c) Tasking is one problem The Commission has to identify what

I ~ NCIP region or regions will implement the program If not feasible

composite teani or a task force must be created by the Commission to deal with the gargantuan tasks Whatever arrangement is made it is very clear that some on-going tasks and programs in other areas and regions must be sacrificed to accommodate the urgency of the ARMM targets

(d) Legal challenges are not farfetched Third parties who may be affected by the ongoing delineation are expected to file cases in the courts to challenge our authority in extending our jurisdiction over the ARMM areas Though we truly believe that there are no legal impediments in doing so we cannot stop affected parties to raisEt questions in the proper fora

Submitted this 9th day of January 2013

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I

This function is lodged with the OSSC under its charter when it was dkvolved with the ARMM and is mandated to carry that task while the

I

ARMM is in existence This function was reaffirmed and strengthened in Act No 241 and its IRR thus

Rule IV Section 3

(The ICCsIPsTPs concerned shall have the sole power to atxthenticate indigenous leadership titles and certificate of membership The ICCsIPsTPs shall have the following rights

IiI I (a) Right to Confer Leadership Titles The ICCsIPsTPs

concerned in accordance with their customary laws and practices shall have the sole right to vest titles of leadership

(b) Recognition of Leadership Titles To forestall undue conferment of leadership titles and misrepresentations the ICCsIPsTPs concerned may at their option submit a list of their recognized traditional socio--political leaders with their corresponding titles to the oscc The OSCC shall conduct a field validation of said list and shall maintain directory thereof

I (c)Issuance of Certificates of Tribal Membership Only the recognized registered leaders are authorized to issue certificates of tribal membership to their members Such certificates shall be confirmed by the osce based on its records and shall have effect only for the purpose for which it was issued The osce shall support the initiatives projects and activities of the ICCsjIPsTPs that will strengthen and develop their socioshypolitical and leadership systems

Nevertheless the NeIP must negotiate that this matter be included in the agreement for purposes of fast tracking the process and for the allocation of funds to D1eet the target i

(B) Mandatory RepresentationI

iin the ARMAI Legislative Government

This function was carefully spelled out in Act No 241 of the ARMMImiddot I

qnd its IRR The local law expressly recognized the rights of thegt

ICCsIPsTPs participate fully in all levels of decision-making and ensured mandatory representation in the policy making bodies and other local lepisIative councils 0

i This legislation can be the starting point of a negotiation with ARMM but needs to be included in the agenda to be presented in the proposed dialOGue so that it will be part of the agreement between the concerned

I 0

I agencies of the governnient

GHALLENGES

(a) It may take a year or less for the Bangasamoro basic law to be fully implemented in identified areas in Mindanao This small window of opportunity might not be sufficient for the NCIP to fully attain its target in delineating AD AL in the ARMM areas taking into consideration boundary conflicts political entity interventions and complaints and cases that may arise during the delineation

(b) For one the limitation of its budget and shortness of technical personnel to conduct survey activities might hamper the processing ofCADTCALT applications

(c) Tasking is one problem The Commission has to identify what

I ~ NCIP region or regions will implement the program If not feasible

composite teani or a task force must be created by the Commission to deal with the gargantuan tasks Whatever arrangement is made it is very clear that some on-going tasks and programs in other areas and regions must be sacrificed to accommodate the urgency of the ARMM targets

(d) Legal challenges are not farfetched Third parties who may be affected by the ongoing delineation are expected to file cases in the courts to challenge our authority in extending our jurisdiction over the ARMM areas Though we truly believe that there are no legal impediments in doing so we cannot stop affected parties to raisEt questions in the proper fora

Submitted this 9th day of January 2013

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I

ICCsIPsTPs participate fully in all levels of decision-making and ensured mandatory representation in the policy making bodies and other local lepisIative councils 0

i This legislation can be the starting point of a negotiation with ARMM but needs to be included in the agenda to be presented in the proposed dialOGue so that it will be part of the agreement between the concerned

I 0

I agencies of the governnient

GHALLENGES

(a) It may take a year or less for the Bangasamoro basic law to be fully implemented in identified areas in Mindanao This small window of opportunity might not be sufficient for the NCIP to fully attain its target in delineating AD AL in the ARMM areas taking into consideration boundary conflicts political entity interventions and complaints and cases that may arise during the delineation

(b) For one the limitation of its budget and shortness of technical personnel to conduct survey activities might hamper the processing ofCADTCALT applications

(c) Tasking is one problem The Commission has to identify what

I ~ NCIP region or regions will implement the program If not feasible

composite teani or a task force must be created by the Commission to deal with the gargantuan tasks Whatever arrangement is made it is very clear that some on-going tasks and programs in other areas and regions must be sacrificed to accommodate the urgency of the ARMM targets

(d) Legal challenges are not farfetched Third parties who may be affected by the ongoing delineation are expected to file cases in the courts to challenge our authority in extending our jurisdiction over the ARMM areas Though we truly believe that there are no legal impediments in doing so we cannot stop affected parties to raisEt questions in the proper fora

Submitted this 9th day of January 2013

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I

I

I eI -

I I

Legal Mfairs Office By

ftr I

~~UZgt ATTY ARTHUR K HERMAN

Noted

AITY JEAN~ FLORITA Ole Director

1

[ j

I

I

I