Media
ng Bayan Operations Center
20
April 2015
Clarification on Indigenous Peoples’
Rights Under BBL (as explained by the Office of the Presidential Adviser on the
Peace Process)
1)
The Bangsamoro identity
will not be imposed on anyone. In fact, anyone can ascribe to such Bangsamoro
socio-political identity. It should be underscored that ascription to the
Bangsamoro identity will not provide any special privileges over the other
identities. The rights of all, as enshrined in the Philippine Constitution, will
be respected, and all are Filipino citizens.
The proposed
BBL in Article IX, Section 5, explicitly cited respect to the “right to freedom
of choice as to their identity” if indigenous peoples. This is clear in Article
II, Section 2 of the BBL, which states that “freedom of choice of other
indigenous peoples shall be respected.”
Article XI of
the proposed BBL guarantees respect to the basic rights of all inhabitants in
the Bangsamoro. Among these rights include the right to freedom from religious,
ethnic, and sectarian harassment; right to life and to inviolability of one’s
person and dignity; and right to freedom and expression of religion and
beliefs.
2)
The 1987 Philippine
Constitution (Article X, Section 20) confers the Bangsamoro Government, as an autonomous
region, legislative powers over such matters as administrative organization and
ancestral domain. The ARMM currently exercises those powers.
However, there
should be no fears regarding issues of ancestral domain. There is no truth to
the claim that the Indigenous Peoples’ ancestral domain rights are not
mentioned in the BBL. The BBL states in Article IX, Section 5 the following:
Indigenous
People’s Rights. – The Bangsamoro Government recognizes the rights of the
indigenous peoples, and shall adopt measures for the promotion and protection
of their rights, the right to their native titles and/or fusaka
inged, indigenous customs and traditions, justice systems and indigenous
political structures, the right to an equitable share in revenues from the
utilization of resources in their ancestral lands, the right to free and prior
informed consent, right to political participation in the Bangsamoro Government
including reserved seats for the indigenous peoples in the Bangsamoro
Parliament, the right to basic services and the right to freedom of choice as
to their identity.
3)
The Indigenous Peoples' Rights
Act (IPRA) is included in the
Bangsamoro. The BBL provides for an office for IPs. The IPs’ share
on income from natural resources is not only one percent. The IPRA law provided
that only one percent will go to the IPs. Under the BBL, it provides for
“equitable share” which means higher than one percent because it says equitable.
The final share will be determined by the Bangsamoro Assembly.
All national
laws including IPRA are applicable to the new Bangsamoro entity, except for
those inconsistent with BBL, a later law.
For its part,
the MILF posted an editorial about “BBL and IPRA” on October 2014 wherein it
declared that:
While there is
no direct mention of IPRA in the proposed BBL, but all the essentials elements
including the four bundles of rights are in it; in fact, there are “more plus,
plus.” One such outstanding feature of the BBL which is not in the
IPRA but only in the mining law is the “equitable share” entitlement of the IPs
on the revenues generated from the exploration, development and utilization of
natural resources that are found within territories covered by native title.
Moreover, while there is no direct mention of IPRA in the proposed BBL, but all
the essentials elements including the four bundles of rights are in it; in
fact, there are “more plus, plus.” (http://www.luwaran.com/index.php/editorial/item/643-bbl-and-ipra)
4)
Tribal laws and the justice
system are upheld by the BBL, and will be so in the future Bangsamoro. The
Shari’ah law will be strengthened, but will only be applied to and tapped for
Muslims only. There will be no such thing as eclipse or overlap.
According to
the proposed BBL in Article X, Section 1: Justice System in
the Bangsamoro. -- The justice system in the Bangsamoro shall consist of
Shari’ah law which shall have supremacy and application over Muslims
only; the traditional or tribal justice system, for the indigenous peoples
in the Bangsamoro; the local courts; and alternative dispute resolution
systems.
The BBL also
provides in Article X, Section 23: Traditional/Tribal Justice
Systems. – The Bangsamoro Parliament shall enact laws to promote and
support the traditional/tribal justice systems that are appropriate for the
indigenous peoples, as defined by them. The traditional justice systems are the
mechanisms to determine, settle, and decide controversies and enforce decisions
involving disputes between members of the indigenous peoples concerned in
accordance with the tribal codes of these communities.
In Article
X, Section 24, the BBL declares: Office for Traditional/Tribal
Justice System. – There is hereby created an Office for Tribal Justice System
responsible in overseeing the study, preservation and development of the tribal
justice system within the Bangsamoro. The powers and functions of the Office
shall be defined by the Bangsamoro Parliament.
The Office
shall ensure the full participation of indigenous peoples in the formulation,
implementation and evaluation of policies related to the strengthening of
tribal justice system; ensuring further that such systems maintain their
indigenous character in accordance with the respective practices of each
tribe.
The BBL also
states in Article XI , Section 18: Indigenous Structure. -
The Bangsamoro Government shall recognize indigenous structures or systems
which promote peace, and law and order. The Bangsamoro Parliament shall provide
institutional support to these structures and systems to enhance peace and
security in the Bangsamoro.
