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“Non Moro Indigenous Peoples participation in the peace process and the passage of the Bangsamoro Organic Law and transition period” Visiting Fellowship 2018 Australian National University Canberra, Australia Presented by: Froilyn T. Mendoza Executive Director TLWOI

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Page 1: “Status of Indigenous Peoples in Mindanao and in relation to the ...regnet.anu.edu.au/sites/default/files/events/attachments/2018-11... · Selected IP leaders chosen by the community

“Non Moro Indigenous Peoples

participation in the peace process and the

passage of the Bangsamoro Organic Law and transition period”

Visiting Fellowship 2018Australian National University Canberra, Australia

Presented by:

Froilyn T. Mendoza

Executive Director

TLWOI

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Outline:• Brief presentation of Non Moro Indigenous

Peoples in the Autonomous Region in Muslim Mindanao and areas contiguous to ARMM

• Lets examine peace in the lives of NMIP esp. in the most conflict affected areas.

• Indigenous Peoples Peace Mechanism.

• IP Provisions in the Bangsamoro Organic Law

• Emerging issues and challenges

• Recommendations and ways forward

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Higaonon

Erumanén né MenuvuTéduray,

Lambangian &Dulangan Manobo

Blaan

Introduction:Non Moro Indigenous Peoples communities w/in ARMM

& areas contiguous to ARMM

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INDIGENOUS POLITICAL STRUCTURES (IPS)

TERRITORY PUSAKA MÉNUWA

TANA TUPU FUSAKA

INGÉD

DEREPA

ETHNICITY DULANGAN

MANOBO

TÉDURAY &

LAMBANGIAN

ÉRUMANÉN NÉ

MÉNUVU

GO

VER

NA

NC

E

STRU

CTU

RE

Dulangan Manobo

Kuwit Kitab

Késéfa-nangguwit

Timuay

(Timuay Justice &

Governance)

Kamal

LAWS KITAB UKIT & TÉGUDON UKIT BÉTAD

BATASAN

JUSTICE

SYSTEM ANTANG TIYAWAN KUKUM

DEFENSE Agubalang Diyaga Fénuwo Bahani

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ARMM

MAGUINDANAO

TEDURAY, LAMBANGIAN & DULANGAN MANOBO

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122,914 ---IP Population among 12 Municipalities in the Bangsamoro core territory.

18,135 ----Households

21 --------- Tribal affiliations

277,677 hectares perimeter area (183,899

land plus 93,779 coastal water) –

Teduray

25,967 hectares perimeter area – Lambangian

(259.67 km2)

6,075 hectares perimeter area – Dulangan

(60.75 km2) plus 12,000 hectares of

Tubak still under contract with V.

Consunji IFMA #020 and #022.

12 Municipalities

12 MunicipalitiesAmpatuanDatu Abdullah SangkiDatu Blah SinsuatDatu Hoffer AmpatuanDatu Odin SinsuatDatu Saudi AmpatuanDatu UnsayGuindulunganSouth UpiTalayanUpiWao – Lanao del Sur

Ancestral Land

309,720 hectares perimeter area

(215,941plus 93,779 coastal water) – Total

IP Ancestral Domain claim within mainland

ARMM (Maguindanao and Lanao del Sur).

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309,720 hectares including coastal waters

Téduray

Dulangan ManoboLambangian

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•In 2000, President Estrada declared

war against the MILF and overran

the camp, the Teduray fled once

more

•In 2011, BIFF under Amelil Umbra

Kato renamed it to Camp Ohmar

(including Barangay Ahan covering

sitio Firis, Urok Meringen, Limfongo

now Datu Hofer)

•To date, the Teduray have not

reclaimed their homeland and have

no permanent place to live in.

•Since 1970, more than 10,000 Teduray

families from 4 Barangays in the Firis

Complex have fled due to armed

confrontation between the ILAGA and

the Moro (Blackshirt).

•In 1996, the MILF established camp in

the area and declared it as one of their

Satellite Camps during peace

negotiations.

“Camp Ohmar”

Mt. Firis

Complex

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POVERTY SITUATIONPoverty is prevalent in IP communities in ARMM as people

commonly engaged in shifting “slash and burn” cultivation or cane

slasher or tapasero. Income derived from farming is approximately

P1,000 – 2,000 a year.

The situation becomes worse when crops are attacked/eaten by

rodents or destroyed by adverse climatic conditions. Most IP’s in the

ARMM could not afford even the things that are considered as basic

necessities.

When asked about their most valued belonging, the IP women in the

ARMM enumerated the “kaldero” or casserole, plates, spoon and

fork, “galunan” or plastic water container, glass, blanket, the few

clothing they have and things that most in mainstream society take

for granted.

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Due to armed conflicts, IP

women in the ARMM

especially in the conflict-

affected areas find it hard

to establish permanent

houses and more secure

communities.

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Incident map of the latest hostilities within the

ancestral domain of the Teduray as of 2017.

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Recovered bodies and handcuffed Teduray farmers of Sitio Makon, Firis, Datu

Unsay, Maguindanao helpless killed by BIFF on September 1, 2018

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As an offshoot of the Peace Table Conversations with key Indigenous People (IP) leaders in Mindanao held on 26 April 2017 at the MTRC-IPHC, Bajada, Davao City, Sec. Dureza, the Presidential Adviser on the Peace Process (PAPP) announced the

formation and immediate activation of an OPAPP panel for the IPs. This is in response to their clamor for IP representation in the peace process.

GRP-IP PEACE PANEL

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FUNCTIONS

Composed of gov’t agencies & instrumentalities dealing with IPs in the country, its primary role is to engage, meet, converse with and hear the concerns, inputs, recommendations of IPs in the country.

They shall bring, advocate, espouse or present to the GRP Panel the consolidated inputs, issues and concerns, and aspirations of IP communities, as articulated by their leaders, relative to the following:

1) GRP-NDFP peace process;2) Bangsamoro Transition Commission (BTC) in the crafting of the

enabling law for the Comprehensive Agreement on the Bangsamoro (CAB); and,

3) Other IP issues and concerns that impact on the peace process.

GRP-IP PEACE PANEL

INTRODUCTION

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GRP-IPPP RESOLUTION No. 01, To Organize And Convene Representatives Of Indigenous Communities Within The Proposed Bangsamoro Territory”

To implement this, a Mindanao IP Legislative Assembly was conceptualized (MIPLA)

UPDATES IPPP IN RELATION TO THE BANGSAMORO

PEACE PROCESS

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Mindanao Indigenous Peoples Legislative Assembly

Selected IP leaders chosen by the

community pursuant to their selection

process representing various leaders and

elders comprising the ancestral domain of

the Non Moro IP who expressed their

context and concern and manifest their

various issues and recommendation to the

Bangsamoro Organic Law.

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MIPLA DRAFTING COMMITTEE

A group of Legal personalities from DOJ, OSG, CHR, NCIP and independent IP Rights Advocate Groups have committed to compose the Drafting Committee to help the IP Delegates translate their unities into a formal legislative proposal to Congress to form part of the proposed Bangsamoro Enhanced Bill, in accordance with the Assembly’s content, context and perspective.

UPDATES IPPP IN RELATION TO THEBANGSAMORO PEACE PROCESS

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Community based peace mechanisms:

- IP Emergency Peace Center (IPEPC)- .

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Indigeous People's Technical Working Group (IP-TWG) on Policy drafting -

The IPs within the Bangsamoro formed a consortium led by the Teduray-

Lambangian (the majority of IP) including Dulangan-Manobo tribes, non-

islamised Sama and Badjaos, and the Higaonon to prepare and push for

an early drafting of the IP related policies enshrined in the BBL, this include

Magna Carta for IPs in the Bangsamoro, the IP representation, the IP

University amongst others. It is envisaged that the IP-TWG will run from

December 2018 to June 2019 with needed support for secretariat, legal,

advocacy / lobbying and logistics.

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Indigenous Peoples Democratic Party (IPDP)- is a multi-sectoral and

genuinely principled political party of different Indigenous Structure,

IP Organizations, Local government units, security forces, women,

youth and religious organizations of the indigenous peoples in the

Bangsamoro that are committed to actively participate in the

democratic electoral process and governance in the Bangsamoro.

What does it stands for?

It stands for the recognition, protection and promotion of the

Rights of the Indigenous Peoples to self-determination base on

identity self-governance and ancestral domain.

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UPDATES

IP Provisions

in the Bangsamoro Organic Law

R.A. 11054 OR THE ORGAIC LAW

FOR THE BANGSAMORO

AUTONOMOUS REGION OF

MUSLIM MIDANAO (OLBARMM)

signed July 27, 2018

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IP Provisions

in the Bangsamoro Organic Law

R.A. 11054, signed July 27, 2018

ARTICLE I NAME AND PURPOSE

SEC. 3. Purpose. - The purpose of this Organic Law is to establish a

political entity, provide for its basic structure of government in

recognition of the justness and legitimacy of the cause of the

Bangsamoro people and the aspirations of Muslim. Filipinos and all

indigenous cultural communities in the Bangsamoro Autonomous

Region in Muslim Mindanao to secure their identity and posterity,

allowing for meaningful self-governance within the framework of the

Constitution and the national sovereignty as well as territorial integrity

of the Republic of the Philippines.

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ARTICLE IV

GENERAL PRINCIPLES AND POLICIES

SEC. 9. Rights of Non-Moro Indigenous Peoples. – The

Bangsamoro Government shall recognize and promote the

rights of non-Moro indigenous peoples within the

framework of the Constitution and National laws.

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SEC. 10. Freedom of Choice

The freedom of choice of all peoples within the Bangsamoro

Autonomous Region shall be respected. Indigenous peoples shall have

the freedom to retain their distinct indigenous and ethnic identity in

addition to their Bangsamoro political identity. There shall be no

discrimination on the basis of identity, religion, and ethnicity.

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ARTICLE VI

INTERGOVERNMENTAL RELATIONS

SEC. 9. Council of Leaders. - There shall be a Council of Leaders that

shall advise the Chief Minister on matters of governance in the

Bangsamoro Autonomous Region. It shall consist of the following

members: (d) Representatives of traditional leaders, non-Moro

indigenous communities, women, settler communities, the Ulama,

youth, and Bangsamoro communities outside of the Bangsamoro

Autonomous Region; and The mechanism of representation and

number of representatives in paragraphs (d) and (e) shall be

determined by the Parliament. The representation of the non-Moro

indigenous communities shall be pursuant to their customary laws

and indigenous processes.

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ARTICLE VII

BANGSAMORO GOVERNMENT

Bangsamoro Parliament

SEC. 7. Classification and Allocation of Seats. - The Seats in the Parliament

shall be classified and allocated as follows: (c) Reserved Seats and Sectoral

Representatives. Reserved seats and sectoral representatives shall constitute

at least ten percent (10%) of the members of the Parliament, which shall

include two (2) reserved seats each for non-Moro indigenous peoples and

settler communities. Women, youth, traditional leaders, and the Ulama shall

have one sectoral seat each: Provided, That the reserved seats and sectoral

representatives shall in no case be less than eight (8) seats.

The Parliament shall determine the manner of election of the reserved seats

and sectoral representatives. For the first parliamentary election following the

ratification of this Organic Law, the allocation of reserved and sectoral

representative seats shall be determined by the Bangsamoro

Transition Authority as provided for in Section 4, Article XVI of this Organic

Law.

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SEC. 8. Election for Reserved Seats for Non -Moro

Indigenous Peoples.

Notwithstanding the immediately preceding sections, reserved seats for

non-Moro indigenous peoples, such as Teduray, Lambangian,

Dulangan Manobo, B'laan, and Higaonon, shall adhere to their

customary laws and indigenous processes based on the following:

(a) Primacy of customary laws and practices;

(b) Primacy of consensus building;

(c) Acceptability to the community;

(d) Inclusivity and full participation;

(e) Representation of the collective interests and

aspirations of non-Moro indigenous peoples;

(f) Sustainability and strengthening of indigenous political

structures;

(g) Track record and capability; and

(h) Gender equality.

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ARTICLE IX

BASIC RIGHTS

SEC. 1. Transitional Justice. - The Bangsamoro Parliament, taking into

account the report of the Transitional Justice and Reconciliation

Commission, shall enact a transitional justice mechanism to address

the legitimate grievances of the Bangsamoro people and the

indigenous peoples, such as historical injustices, human rights

violations, and marginalization through unjust dispossession of

territorial and proprietary rights and customary land tenure.

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SEC. 3. Indigenous Peoples' Rights.

SEC. 3. Indigenous Peoples' Rights. - The Bangsamoro Government

recognizes the rights of the indigenous peoples and shall adopt measures for

the. promotion and protection of the following rights:

• (a) Native titles or fusaka inged;

• (b) Indigenous customs and traditions;

• (c) Justice systems and indigenous political structures;

• (d) Equitable share in revenues from the utilization of

• resources in their ancestral lands;

• (e) Free, prior and informed consent;

• (f) Political participation in the Bangsamoro Government

• including reserved seats for the non-Moro indigenous peoples in

• the Parliament;

• (g) Basic services; and

• (h) Freedom of choice as to their identity.

The Bangsamoro Government shall create a ministry for indigenous peoples

and shall have the primary responsibility to

formulate and implement policies, plans, and programs to promote the well-

being of all indigenous peoples in the Bangsamoro Autonomous Region in

recognition of their ancestral domain as well as their rights thereto.

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Indigenous Peoples' Rights.

Any measure enacted by the Parliament shall in no way diminish the

rights and privileges granted to indigenous peoples by virtue of the

United Nations Declaration of the Rights of Indigenous Peoples and the

United Nations Declaration on Human Rights, and other laws pertaining

to indigenous peoples in the Bangsamoro Autonomous Region. This

Organic Law shall not in any manner diminish the rights and benefits of

the non-Moro indigenous peoples in the Bangsamoro Autonomous

Region under the Constitution, national laws, particularly Republic Act

No. 8371, otherwise known as the "Indigenous Peoples' Rights Act of

1997."

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SEC. 4. Customary Rights and Traditions

• The customs beliefs, and traditions of the Bangsamoro people are hereby

recognized, protected, and guaranteed. The Parliament shall adopt

measures to ensure mutual respect and protection of the distinct beliefs,

customs, and traditions of the Bangsamoro people and the other

inhabitants in the Bangsamoro Autonomous Region. No person in the

Bangsamoro Autonomous Region shall be subjected to any form of

discrimination on account of creed, religion, ethnic origin, parentage, or

gender.

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SEC. 7. Bangsamoro Human Rights Commission. -

There is hereby created a Bangsamoro Human Rights Commission. The

chairperson and two (2) commissioners of the Commission shall be appointed

by the President upon recommendation of the Chief Minister. The composition

of the Commission shall reflect the ethnic distribution of the population of the

Bangsamoro Autonomous Region. The chairperson shall be a member of the

Philippine Bar and a resident of the Bangsamoro Autonomous Region. A

commissioner shall preferably be a member of the Philippine Bar or holder of

bachelor's degree from colleges or universities recognized by the National

Government, and a resident of the Bangsamoro Autonomous Region.

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Education

SEC. 19. Tribal University System. - The Parliament shall create a tribal

university system in the Bangsamoro Autonomous Region to address

the higher educational needs of the non-Moro indigenous peoples.The

Parliament shall pass a law to recognize and support the indigenous

peoples' educational

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Arts and Culture

SEC. 24. Preservation of the Cultural Heritage of the Bangsamoro

People. - The Bangsamoro Government shall preserve the history,

culture, arts, traditions, and the rich cultural heritage of the

Bangsamoro people and their Sultanates, such as those of Sulu,

Maguindanao, Kabuntalan, Buayan, the Royal Houses of Ranao and of

the Iranun, and the non-Moro indigenous peoples of the Bangsamoro

Autonomous Region. For this purpose, it shall create the Bangsamoro

Commission for the Preservation of Cultural Heritage in coordination

with the appropriate and relevant national government agencies.

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SEC. 1. Justice System in the Bangsamoro.

The Bangsamoro justice system shall be administered in accordance

with the unique cultural and historical heritage of the Bangsamoro. The

dispensation of justice in the BangsamoroAutonomous

Region shall be in consonance with the Constitution, Shari 'ah

,traditional or tribal laws, and other relevant laws. Shari 'ah or Islamic

law forms part of the Islamic tradition derived from religious precepts of

lslam, particularly the Qur'an and Sunnah. Shari 'ah shall apply

exclusively to cases involving Muslims. Where a case involves a non-

Muslim, Shari'ah law may apply only if the non-Muslim voluntarily

submits to the jurisdiction of the Shari 'ah court. The traditional or tribal

laws shall be applicable to disputes of indigenous peoples within the

Bangsamoro Autonomous Region. The provisions of this Article shall

not prejudice the rights of non-Muslims and non-indigenous peoples.

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SEC. 17. Traditional or Tribal Justice Systems

The Parliament shall enact laws to promote and support

the traditional or tribal justice systems that are appropriate

for the indigenous peoples. The indigenous peoples shall

have the right to use their own commonly accepted justice

systems, conflict resolution institutions, peace building

processes or mechanisms, and other customary laws and

practices within their respective communities and as may

be compatible with the national legal system and with

internationally recognized human rights. 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 customary laws of these

communities.

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SEC. 18. Office for Traditional or Tribal Justice System

There is hereby created an Office for Tribal Justice System

that shall be responsible for overseeing the study,

preservation, and development of the tribal justice system

within the Bangsamoro Autonomous Region. The powers

and functions of the Office for Tribal Justice System shall

be defined by the Parliament. The Office for Tribal Justice

System shall ensure the full participation of indigenous

peoples in the formulation, implementation, and evaluation

of policies related to the strengthening of tribal justice

systems: Provided, That such systems shall maintain their

indigenous character in accordance with the respective

practices of each tribe.

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SEC. 20. Alternative Dispute Resolution

• SEC. 20. Alternative Dispute Resolution. – The

Bangsamoro Government shall adopt the principles of

conciliation and mediation in settling disputes, with the

Parliament enacting the necessary legislation to institute

the mechanism for alternative dispute resolution. The

Shari'ah courts and traditional or tribal adjudicatory

tribunals may utilize this mode of settlement and

resolution of cases.

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ARTICLE XII

FISCAL AUTONOMY

Block Grant SEC. 21. Deductions from the Block Grant; Exceptions.

Twenty (20) years from the operationalization of the Bangsa.moro

Government, the following shall be deducted from the block grant:

The amount allocated for the operation of the Bangsamoro Sustainable

Development Board, as provided in Section 8, Article VI of this Organic

Law, shall not be included in the amount herein to be deducted from

the block grant. The above mention deduction shall not include the

shares of constituent local government units and of indigenous

communities in government income derived from the exploration,

development, and utilization of natural resources under Sections 35

and 36 of this Article, respectively.

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Sharing in the Exploration, Development,

and Utilization of Natural Resources

Sharing in the Exploration, Development and Utilization of

Natural Resources SEC. 36. Share of Indigenous

Communities. – Indigenous peoples and communities shall

have an equitable share of the revenues generated from

the exploration, development, and utilization of natural

resources that are found within the territories covered by a

native, traditional, or customary title in their favor, which

shall be provided by a law to be passed by the Parliament

detailing the sharing mechanism and percentages:

Provided, That the rights and privileges granted to

indigenous peoples by Republic Act No. 8371 and other

laws pertaining to indigenous peoples shall not be

diminished.

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ARTICLE XIII

REGIONAL ECONOMY AND PATRIMONY

SEC. 8. Natural Resources, Nature Reserves, and Protected Areas.

Natural Resources The Parliament shall pass a law to establish

protected areas, the procedure for the declaration and the

management thereof, and the role of the Bangsamoro Government

and other stakeholders in the process: Provided, That protected

areas to be declared within the ancestral domains shall be subject

to the free, prior and informed consent of the non-Moro indigenous

peoples.

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SEC. 12. Rights of Indigenous Peoples to Natural

SEC. 12. Rights of Indigenous Peoples to Natural

Resources. - The Parliament shall enact a law recognizing

the rights of indigenous peoples in the Bangsamoro

Autonomous Region in relation to natural resources within

the areas covered by a native title, including their share in

revenues as provided in this Organic Law, and priority

rights in the exploration, development, and utilization of

such natural resources within their area.

The right of indigenous peoples to free, prior and informed

consent in relation to development initiatives and the

exploration, development, and utilization of the natural

resources within ancestral domains covered by Certificate

of Ancestral Domain Title shall be respected.

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SEC. 15. Regulation of Small-Scale Mining.

- Small-scale

SEC. 15. Regulation of Small-Scale Mining. - Small-scale

mining shall be regulated by the Bangsamoro Government

to the end that the ecological balance, safety and health,

and the interests of the affected communities, the miners,

the indigenous peoples, and the local government units of

the place where such operations are conducted are duly

protected and safeguarded. All gold produced by small-

scale miners in any mineral area shall be sold to the

Bangko Sentral ng Pilipinas, or its duly authorized

representatives, which shall buy the same at prices

competitive with those prevailing in the world market,

regardless of volume or weight.

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SEC. 23. Agriculture, Fisheries, and Aquatic Resources.

Consistent with the provisions of Republic Act No. 8550, otherwise

known as "The Philippine Fisheries Code of 1998," as amended, and

other relevant national laws, the policies and laws of the Bangsamoro

Government on agriculture, fisheries, and aquatic resources shall

advance agriculture as a key development strategy, promote

productivity measures, and provide support for small farmers,

landholder s, and marginal fisherfolk. The Bangsamoro people,

indigenous peoples, and resident marginal fisherfolk shall enjoy

preferential fishing rights in the Bangsamoro regional waters, without

prejudice to the fishing rights of other citizens of the Philippines,

whether residents or non residents of the Bangsamoro Autonomous

Region.

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ARTICLE XV

PLEBISCITE

SEC. 10. Information Campaigns. - The Commission on

Elections shall supervise the conduct of information

campaigns on the plebiscite, including sectoral campaigns

for indigenous communities, women, youth, religious,

professionals and public and private sector employees, in

every barangay, municipality, city, and province where the

plebiscite is to be conducted. Public advocacy initiatives

shall be conducted within the framework of solidarity,

cooperation, and unity among Bangsamoro people, non-

Moro indigenous peoples, and settler communities.

Consultations shall give due respect to the roles of non-

Moro indigenous women and Moro women, and encourage

their active participation.

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ARTICLE XVI

BANGSAMORO TRANSITION AUTHORITY

SEC. 2. Bangsamoro Transition Authority. - There is hereby created a Bangsamoro

Transition Authority which shall be the interim government in the Bangsamoro

Autonomous Region during the transition period. The Moro Islamic Liberation Front shall

lead the Bangsamoro Transition Authority, without prejudice to the participation of the

Moro National Liberation Front in its membership.

The compensation of the members of the Bangsamoro Transition Authority shall be

subject to existing rules and regulations of the National Government. The Bangsamoro

Transition Authority shall be composed of eighty (80) members, who shall be

appointed,by the President: Provided, That, in addition, the elected officials, the

Autonomous Regional Government in Muslim Mindanao shall automatically become

members of the Bangsamoro Transition Authority and shall serve until noon of the 30th of

June 2019: Provided, further, That non-Moro indigenous communities, youth, women,

settler communities, traditional leaders, and other sectors shall have representatives in

the Bangsamoro Transition Authority. The Bangsamoro Transition Authority shall enact a

law to recognize, protect, promote, and preserve the rights of the indigenous peoples in

the Bangsamoro Autonomous Region. Until the law is enacted, subsisting regional laws

on indigenous peoples in the Bangsamoro shall be operational. These rights shall be

promoted, protected, and enforced by the Ministry of Indigenous People's Affairs as

provided under Section 8 of this Article.

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SEC. 8. Interim Cabinet. - The Interim Cabinet shall be

SEC. 8. Interim Cabinet. - The Interim Cabinet shall be composed of fifteen (15) primary ministries

with sub-offices, namely:

(a) Finance, and Budget and Management;

(b) Social Services;

(c) Trade, Investments, and Tourism;

(d) Labor and Employment;

(e) Transportation and Communications;

(f) Basic, Higher and Technical Education;

(g) Indigenous Peoples' Affairs;

(h) Health;

(i) Public Works;

(j) Local Government;

(k) Environment, Natural Resources. and Energy;

(1) Human Settlements and Development

(m) Science and Technology;

(n) Agriculture, Fisheries, and Agrarian Reform; and

(o) Public Order and Safety.

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SEC . 10. Transfer of Powers and Properties, and

Disposition of Personnel.

SEC . 10. Transfer of Powers and Properties, and

Disposition of Personnel. - The Bangsamoro Transition

Authority shall institute an independent, strictly merit-

based, and credible placement and hiring process for all

offices, agencies, and institutions in the Bangsamoro

Government, and shall consider gender and ethnic

balance.

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ARTICLE XVIII

FINAL PROVISIONS

SEC. 4. Amendatory Clause. - Upon the ratification of this Organic Law.

the pertinent provisions of the following laws which are inconsistent

with this Organic Law are hereby amended accordingly: (c) Section 30

of Republic Act No. 8371, otherwise known as "The Indigenous

Peoples Rights Act of 1997';

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Issues and challenges:

Conflict in power and control over the ancestral domains resources despite enactment of so

many laws protecting rights of the Indigenous Peoples

Continued displacement from their ancestral lands because of harassment exhibited by

lawless arm groups.

Non recognition and respect traditional conflict resolution processes.

No meaningful representation of IP’s in government structures.

Being a minority in a dominant majority or being a young, minority indigenous woman in the

peace talks, in a largely patriarchal society .

Legal remedies or formal institution to seek protection of minority rights.

Seeking temporary relief to peace mechanism established by the agreements to avert

conflict in the area

Access on having lobby especially they came from remote areas.

If your position is not the same or you have a dissenting opinion you will be tag as spoiler or

anti peace.

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Emerging challenges

• TRO filed in Supreme Court.

• How to deliver on the part of the MILF if the BOL will be declared

unconstitutional.

• Ratification of the BOL how to win the yes vote in the plebiscite.

• ARMM employee vs. BOL to change the statuscoe.

• Spoilers

• Not well informed in the Bangsamoro organic law.

• Limited time for transition period.

• NORMALIZATION ISSUES (Camp Transformation two major MILF

camps in IP ancestral domains, Tension on the Ground

(dis/misinformation, reported displacements, harassments, HRVs,

Implement Transitional Justice initiatives )

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Recommendations:

1.Recognition of their distinct identity & their rights as Non Moro Indigenous Peoples.

2. Issuance of their ancestral domain thru the certificate of ancestral domain title (CADT).

3. Enforcement of their respective customary laws convening tribal congress including

installation and confirmation of tribal titles , customary justice system and review of cultures

and practices if it is still applicable or not or that may put vulnerable sectors like Indigenous

women and girls in their tender age in the most dis advantage situation.

4. Strengthen Indigenous structure which promote peace and security in the area.

5. In facilitating development and rehabilitation there is a need to document HRV to give

justice to the victims of conflict and identify ancestral domain of Indigenous peoples so that

rights responses shall be accorded to them. The process of facilitating development

programs and relief services must see to it that the tribal structure shall be respected and

that the respected tribal leaders shall be top.

6. Strategic Communications and inter/intra dialogue (communicating the BOL in the

ordinary folks) to deliver the BOL during the plebiscite and beyond.

7. Cascade Normalization program side by side with the political processes

implement decommissioning phase (support/implement normalization roadmap/plans,

programs for combatants and families)

8. Initialize TJRC recommendation to start the TJ process

9. Participation of CSOs and communities in the Normalization processes

10. Guarantee inclusion both in political process and normalization processes

Rights of minority and minoritized issues (Christians, IPs, displaced Meranaws, island

provinces)

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