mendoza_ip women insights on the peace process
DESCRIPTION
Presentation to the IPDEV-sponsored Roundtable Discussion (RTD) on IP Issues/Position on the Framework Agreement on the Bangsamoro (FAB) / March 5, 2013Presentation to the National Defense College of the Philippines MNSA RC 48 Sub-National Security and Development Studies (SSDS) / March 6, 2013TRANSCRIPT
IP WomenIP Women
Insights on Insights on
the Peace the Peace Process Process
Presented by:
Froilyn Tenorio-Mendoza Advocacy Specialist: IPDEV
OutlineOutline
� Who are the IP Women in the ARMM or in the propose establishment of BAG. (distinct role)
� Lets examine peace in the lives of IP Women esp. in the most conflict affected areas
Available laws both regional, national & � Available laws both regional, national & international that will be useful for IP women when crafting the BBL.
� Our calls
� Our clear messages
IPs in the ARMMLanao del Sur (Wao,
Bumbaran, Balabagan :
Ilyanen, Tiguhanun,
Manobo, Batanes
Subanen, Matigsalog,
Higaonon, Talaandig,
Umayamnun
Maguindanao:
Téduray
Lambangian,
Dulangan Manobo &
BlaanUmayamnun
Kalagan,
Population:Population: Lumad/IP in Maguindanao in ARMMOut of the 23 barangays of Upi municipality, 15 barangays are permamentlydominated by Teduray.
All the 11 barangays of South Upi municipality are predominantly inhabited by Teduray
Barangay Kuya, Sitio Benuan, Dakeluwan and Brgy Pilar in sitio Brawarbatew and Brgy. Pandan in sitio Kebenesan in South Upi is a stronghold of Lambangian tribe.
Barangays Tubak, in Ampatuan Barangays Tubak, in Ampatuan
San Jose in South Upi is permamently settled by Dulangan Manobo.
Upland portions of Datu Unsay, Datu Hofer, Guindolongan, Datu Saudi, Talayan, Sharif Aguak, Ampatuan
& Datu Abdulah Sangki is part of the
Firis Complex traditional area of the
Teduray and Dulangan Manobo one of the sacred ground of the Teduray called “ Batew” is found.
Distinct Roles of IP Women in the ARMM Distinct Roles of IP Women in the ARMM
� “Kefeduwan Libun” - Arbiter – who resolves cases of murder, theft, public scandal, petty quarrels, infidelity, slander, land grabbing, domestic abuse & rape.
� “Fanday” - Birth attendant� “Fanday” - Birth attendant
� Officiator of rituals
� “Libun Bliyan”- healer
� Farmer
� Wife, and,
� Mother (with an
average of 7-12 children)
In spite of their respective (personal and family) concerns IP women embrace the role of a kefeduwan libun even if it means exhausting personal and family resources, time, money and property;
In order to settle conflict in the traditional
KEFEDUWAN LIBUN: A PRIME SOCIAL RESPONSIBILITY
In order to settle conflict in the traditional and peaceful way many of the IP women in the ARMM inherit their capacity and knowledge as arbiters from their parents and elders who have carried out the same customary roles as a prime social responsibility before them.
Let us examine Let us examine peacepeace in the lives of in the lives of indigenous women in the ARMM:indigenous women in the ARMM:
� First, the current ARMM is a product of the GRP-MNLF peace compact of 1996 with RA 9054, a law for the expanded ARMM (amended RA 6734).
� Now, in preparation for another peace compact, RA 9054 is under review by the appointed members of the Regional Legislative Assembly (RLA) but the use of Regional Legislative Assembly (RLA) but the use of “indigenous peoples,” or “tribal peoples” referring to the Lumad or indigenous peoples in the ARMM is opposed by some members of the RLA
� In the same manner, in the GPH-MILF peace negotiations the use of “indigenous peoples” referring to the Lumad in the ARMM is unacceptable.
� For 15 years of IPRA we have not felt its implementation in the ARMM.
The entry of FAB & its implication to the lives of The entry of FAB & its implication to the lives of the IP in the so called area where the BAG shall the IP in the so called area where the BAG shall be establishedbe established
I. Establishment of the Bangsamoro
One: #5. The freedom of choice of other Indigenous peoples shall be
respected.
III. Powers
Two: #6. The customary rights and traditions of indigenous peoples
shall be taken into consideration in the formation of the
Right of women to meaningful political aspiration and protection from all forms of violence against women
6. Basic Rights
shall be taken into consideration in the formation of the
Bangsamoro’s Justice system. This may include the recognition of
indigenous processes as alternative modes of dispute resolution.
VI. Basic Rights
Three: #3. Indigenous peoples rights shall be respected.
•In 2000, President Estrada declared war against the MILF and overran the camp, the Teduray fled once
•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.
Mt. Firis
Complex
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.
“Camp Ohmar”
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. secure communities.
As of July 14, 2011, an armed group burned the houses & ransacked all their raised chicken, peanuts & other agricultural products that resulted to the displacement of 67 displacement of 67 Teduray families in Sitio Kewagib , Barangay Romonggaob in South Upi in Maguindanao. Until now they have not been able to return to their places of origin
Just recently when the BIFF launched
simultaneous attacks against army
detachments in different areas of
Maguindanao the lives of poor indigenous
women were again put to risk when they were
trapped in Hill 224 a gateway to Mt. Firis and
Sitio Sanyag were hostage without food and
HOSTILITIES ON MT. FIRIS
Sitio Sanyag were hostage without food and
water
Unified Statement of NonUnified Statement of Non--Islamized Islamized Indigenous Peoples in the ARMMIndigenous Peoples in the ARMM
� Mt. Firis is Sacred Ground
� We, the Indigenous Peoples of the ARMM, particularly the Téduray, Lambangian and Dulangan Manobo, who are directly affected by the recurring cycles of violence in the Mt Firis Complex call upon one and all to hear our plea;
� That the recent armed conflict between the Bangsamoro � That the recent armed conflict between the Bangsamoro Islamic Freedom Fighters and the Armed Forces of the Philippines as we all know has done indescribable harm not only upon each other but most especially to the peace-loving non-Islamized Indigenous Peoples of the Mt. Firis Complex;
� That this is not the only violent incident in recent history that has marred the land of our ancestors;
� That the suffering brought about by displacements is
another blow to the efforts of many people including the government to attain peace, genuine reform and development;
� That we are grateful for the government and other kind-hearted sectors that have provided relief assistance to displaced persons;
� But the situation is more complex than just being � But the situation is more complex than just being addressed in a temporary manner like the provision of food, medicines and shelter.
� In the face of all this, let it also be known to one and all that since time immemorial,
� Indigenous Peoples like the Téduray, Lambangian, and Dulangan Manobo have lived peacefully in the mountains of the Daguma Range where Mt Firis is located.
� Mt Firis holds among these peoples a revered history that has been handed down the generations through oral tradition;
� That this is where Lagey Firis practiced his tribal spiritual leadership;
� That Lagey Firis ascended onto heaven without dying (demniyat) from an exact spot known as Batew;
� That Gogon Ignacio was the last Chieftain at Batew a foot Mt Firis, the sacred ground of the Teduray and foot Mt Firis, the sacred ground of the Teduray and Lambangian;
� That since then, we, the non-Islamized Indigenous Peoples regularly visited the place for pilgrimage and spiritual nourishment.
� But on the evening of July 27, 2000, many of us had to leave Mt Firis after armed men claimed the land to establish their camp. Shortly after, several municipalities were carved out from its surrounding land; and many non-IPs have titled portions of the land under their names.
Environmental DegradationEnvironmental DegradationOn top of the displacements brought about by On top of the displacements brought about by armed conflicts…armed conflicts…
The Teduray Lambangian and Dulangan Manobo The Teduray Lambangian and Dulangan Manobo also experience displacement from floods due to also experience displacement from floods due to massive logging and unstable ecosystems caused massive logging and unstable ecosystems caused by agroby agro--industrial plantations, and mining industrial plantations, and mining activities.activities.
Gender Issues: Health
Ten leading causes needing medical attention/hospital
admission of women and children (2012 Data from South Upi Municipal Hosp.)
1. PCAP/Pneumonia
2. Acute Gastro Enteritis especially during rainy season
3. Gastritis (ulcer)
4. Malaria
5. Wounds
6. Typhoid fever
7. Instestinal parasites (children)
8. Sepsis (new born)
9. Miscarriage or abortion (prevalent in the 1st trimester)
Of Pregnancies
Gender Issues: Health Gender Issues: Health
1. Lack of Health Care facilities
Brgy. Rifao North Upi Maguindanao
In one of the FGD conducted all the women give birth at home and seek the help of a traditional birth attendant called “fanday/temabang” and “bliyan” or healer concerning their ailments they only decide to go to hospital if their patient is already serious. go to hospital if their patient is already serious.
South Upi Mun. Hosp. – 15 kms. away
Datu Blah Sinsuat District Hosp. – 32 kms. away
Common ailments: malaria, skin diseases at tae tae naman sa mga bata .Sa mga kababaihan masakit ang likod over-fatigue at nahihilo insomia at “lemuwa” o TB sa mga matatanda.
Gender Issues: Education
High Illiteracy Rate
The Case of Sitio Benuan Brgy Kuya So. Upi
� 85% of the population “no-read-no-write”
� Three were able to reach college level
� Half of the 157 enrollees (all grades) last � Half of the 157 enrollees (all grades) last 2012 were drop-outs during harvest time (September-October) because they prefer to help their parents in the farm.
� If you are a girl-child then you are to take care of your younger sister/brother.
Barangay Rifao, North Upi, MaguindanaoBarangay Rifao, North Upi, Maguindanao
• 50% men & women (Population___) do not knew how to read and write
• Four went to college (one employed as a
• teacher aide, two are unemployed, one became an OFW)
• The rest have reached grade IV.
• During PTCA meeting they could hardly write their name in the attendance sheet that’s is why the teacher is usually the one writing for them it is very hard for them to affix their signature they often do thumb mark.
• During election 85 % need an assistor and so when election comes politicians are hiring assistors.
Exploitation & Marginalization of their Exploitation & Marginalization of their Indigenous CultureIndigenous Culture
Right to Safe and Clean WaterRight to Safe and Clean Water: : The source of water of the IP’s come from rivers and The source of water of the IP’s come from rivers and springs they have to hike 1springs they have to hike 1--2 kms. just to have drinking 2 kms. just to have drinking water and when rainy seasons come drinking is not water and when rainy seasons come drinking is not possible waterpossible water--borne diseases is very high.borne diseases is very high.
POVERTY SITUATIONPOVERTY SITUATIONPoverty is prevalent in IP communities in ARMM as people commonly Poverty is prevalent in IP communities in ARMM as people commonly engaged in shifting “slash and burn” cultivation or cane slasher or engaged in shifting “slash and burn” cultivation or cane slasher or tapasero. tapasero. Income derived from farming is approximately P1,000 Income derived from farming is approximately P1,000 –– 2,000 a year.2,000 a year.
The situation becomes worse when crops are attacked/eaten by rodents The situation becomes worse when crops are attacked/eaten by rodents or destroyed by adverse climatic conditions. Most IP’s in the ARMM could or destroyed by adverse climatic conditions. Most IP’s in the ARMM could not afford even the things that are considered as basic necessities. not afford even the things that are considered as basic necessities.
When asked about their most valued belonging, the IP women in the When asked about their most valued belonging, the IP women in the When asked about their most valued belonging, the IP women in the When asked about their most valued belonging, the IP women in the ARMM enumerated the ARMM enumerated the “kaldero” “kaldero” or casserole, plates, spoon and fork, or casserole, plates, spoon and fork, “galunan” “galunan” or plastic water container, glass, blanket, the few clothing they or plastic water container, glass, blanket, the few clothing they have and things that most in mainstream society take for granted. have and things that most in mainstream society take for granted.
In the remotest Barangay of
South Upi, community
members share a “molded”
frying pan – this pan was
hammered and shaped from
the cover of a large can or
drum that fell from a cargo
truck that was merely
Precious Asset
truck that was merely
passing through their village.
This can cover is now
considered an important
asset of the community and
the villagers especially the
women take their turns in
using it.
• Young IP women in the ARMM & even married
Cultural Assimilation:
Internal Migration:
ARMM & even married women leave their villages to find jobs as domestic helpers in urban centers like Cotabato City & Manila some of them are victims of maltreatment by their employer.
It is believed that there are Blaan women settled in the municipality of Datu Paglas but they no longer identify themselves as Blaan because they were already assimilated into the dominant Moro tribe.
Dulangan Manobo in Tubak, Ampatuan, Dulangan Manobo in Tubak, Ampatuan, MaguindanaoMaguindanao• BMFDT- Baye Menubo Fenagayunan Diya Tubak
• No CADT yet
• Conversion of their ancestral domain to agro-industrial
plantations for mangoes, Arabica coffee, rambutan &
mangoesteen by Consunji logging company that
permamently settled in the area through an Industrial
Forest Management Application for 50 years. Only a Forest Management Application for 50 years. Only a
small portion of their domain is left for the use of the
Dulangan Manobo.
• Human Rights violations such as the murder of their
leaders have been committed against leaders who
resist the IFMA or defend their homeland.
• Women at an early age (12-14) are married off and
they could do nothing even if it is against their will
because according to them it is their culture
� And on December 3, 2012 before the year ended 100 Dulangan Manobo household were strife in Sitio Sunal in San Jose South Upi Maguindanao by Jose South Upi Maguindanao by Commander Dawtin of the MILF.
Cultural Issues: Cultural Issues: (early & arranged marriages)(early & arranged marriages)
Reaksyon ng Malaman na Mag-aasawa na:
�Hindi maintindihan ang mga pangyayari
�Hindi malaman ang gagawin (nag-iiyak, hinimatay)
�Lumayas ng bahay
Pero natuloy pa rin ang pag-aasawa kahit ayaw
Related Laws protectingRelated Laws protectingthe Rights of Indigenous Women in the ARMMthe Rights of Indigenous Women in the ARMM
MMAA 241- An act to Recognized, Respect, Protect and promotes the rights and
governance ,justice systems, and customary laws of the Indigenous Peoples/
Tribal Peoples of the Autonomous Region in Muslim
Section 4. The Rights and Role of IP Section 4. The Rights and Role of IP
Women. The respective Indigenous Women. The respective Indigenous
Political Structures, pursuant to Rule Political Structures, pursuant to Rule
III, Part I, Section 2 this IRR, shall III, Part I, Section 2 this IRR, shall
recognize, respect, protect and recognize, respect, protect and
•Ensure participation of indigenous 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, healers/ritualist to conflict recognize, respect, protect and recognize, respect, protect and
promote the rights of indigenous promote the rights of indigenous
women. It shall:women. It shall:
birth attendants, healers/ritualist to conflict
management and resolution.
•Review customary practices of imposing
conditions that are highly unfavourable and
disadvantageous to women as a means of
settling disputes on VAWC cases and other
heinous crimes, such as the amicable
settlement of rape in IP communities, through
massive awareness and education campaign.
* Provide opportunities for IP women and girls
to develop leadership skills and ensure their
significant participation in the strengthening of
their tribal governance.
LibunLibun kefeduwankefeduwan (tribal (tribal
women arbiter)women arbiter)An IP women performing and An IP women performing and
settling conflict or “settling conflict or “tiyawantiyawan” many IP women ” many IP women acquire this skills and knowledge from their acquire this skills and knowledge from their ancestors or they belong to the so called “ancestors or they belong to the so called “TufoTufokefeduwankefeduwan””
UNSCR 1325 adopted � UNSCR 1325 adopted and guarantee the and guarantee the protection special participation of women in the peace process and their significant contribution to peace and security
TemabangTemabang EngaEnga o o libunlibun FandayFanday-- siyasiya ay ay tagapagtanggoltagapagtanggol ngng buhaybuhay ngng babaebabae at at sanggolsanggolkaramihankaramihan sasa kanilakanila ay ay minanaminana angang kanilangkanilang kaalamankaalamansasa kanilangkanilang mgamga ninunoninuno habanghabang angang ibaiba namannaman ay ay nakakuhanakakuha ngng pagpag aaralaaral sasa mgamga health providershealth providersTemabangTemabang-- tagapagtanggoltagapagtanggolTabangenTabangen-- Ina at Ina at sanggolsanggol nana dapatdapat tulungantulungan
arta of Women RA 9710 �Magna Carta of Women RA 9710
Rights and Empowerment
“women’s right to health”
LibunLibun GemamakGemamak BasaBasa -- BabaengBabaeng
liderlider nana namumunonamumuno sasa ispiritwalispiritwal nana
aspetoaspeto o o pananampalatayapananampalataya ngng mgamga
katutubokatutubo maaringmaaring siyasiya ay ay isangisang
mangagamutmangagamut, nag, nag--aaralaaral ngng kulturakultura, ,
pagsasakapagsasaka at at kalikasankalikasan nana
sinasabingsinasabing may may angkingangking
kapangyarihankapangyarihan. (IPRA Article V . (IPRA Article V
Section 26 Rights and Recognition, Section 26 Rights and Recognition,
Preservation of Cultural Integrity and Preservation of Cultural Integrity and
Identity Identity
(IPRA Article V Section 26 Rights and � (IPRA Article V Section 26 Rights and
Recognition, Preservation of Cultural
Integrity and Identity
Communal ownershipCommunal ownership--Source of income land and environment Source of income land and environment source of all kinds of income and all are entitled to properties source of all kinds of income and all are entitled to properties even animals, human beings and all things in land is treated as even animals, human beings and all things in land is treated as mother of all mothers because this is where human beings gets mother of all mothers because this is where human beings gets its milk from day to day (Basic principle of ownership of all its milk from day to day (Basic principle of ownership of all basic sources of living among indigenous peoples)basic sources of living among indigenous peoples)TamukTamuk-- means propertymeans property
� RA 9710 or the Magna Carta of Women � RA 9710 or the Magna Carta of Women Chapter IV rights and empowerment of marginalized sectors chapter 3 customary rights of indigenous women on land “equal rights to women to the enjoyment use and management of land, water and other natural resources within their communities or ancestral domain
� Rule V under RA 9710 access control, benefits and fruits shall be recognized in circumstances private ownership is not possible such as ancestral domain claim.
� Property rights under customary law shall be respected unless they are not discriminatory to women.
Girl children shall be protected from all forms of abuse Girl children shall be protected from all forms of abuse
of a childof a child
Girl children shall be protected from all forms of abuse Girl children shall be protected from all forms of abuse and exploitation Sec 30 of RA 9710 IRR ,MMAA 287 and exploitation Sec 30 of RA 9710 IRR ,MMAA 287 or the GAD Code of ARMM & Convention on the right or the GAD Code of ARMM & Convention on the right of a childof a child
� Practice of early and arrange marriage among young Teduraywomen & girls data can be
and arranges marriages
women & girls data can be provided by TLWOI base on its baseline research conducted in 2010 on the impact of early & arrange marriages in the 5 baranggays of North Upi and 8 baranggays of South Upi found to be strongly practicing early and arranges marriages
Women in especially difficult circumstances for purpose of this act women in Women in especially difficult circumstances for purpose of this act women in especially difficulty circumstances (WEDC) shall refer to victims and survivors of especially difficulty circumstances (WEDC) shall refer to victims and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed
conflict, women in detention victims and survivors of rape and incest and such other conflict, women in detention victims and survivors of rape and incest and such other related circumstances which have incapacitated them functionally. LGU are related circumstances which have incapacitated them functionally. LGU are
therefore mandated to deliver necessary services and intervention to WEDC under therefore mandated to deliver necessary services and intervention to WEDC under their respective jurisdiction. RA 9710 Magna Carta of Womentheir respective jurisdiction. RA 9710 Magna Carta of Women
Habang iginagalang nito angimpluwensya ng mga kultura at paniniwala o tradisyon upangpagbawalan ang mga
Contentious issue rape and other forms of violence pagbawalan ang mga
kababaihan sa kanilangkarapatan inuutusan ngCEDAW ang mga state party na baguhin ang ganitong mgastereotyping na nagsasantabisa kababaihan at naglalagay sakanya sa kapahamakan
forms of violence against women settle amicably as part of customary processes
MgaMga dapatdapat nana gagawingagawin
1. 1. PagkilalaPagkilala ngng BG BG sasa distinct identity & rights distinct identity & rights ngng IP IP bataybatay sasa mgamga batasbatas pang pang rehiyonrehiyon
(ARMM) national (IPRA) at UNDRIP at (ARMM) national (IPRA) at UNDRIP at ibaiba pang UN charters pang UN charters parapara sasa mgamga katutubokatutubo, ,
TarsilaTarsila nana nagpapatunaynagpapatunay sasa ugnayanugnayan ninanina MamaluMamalu at at TabunawayTabunaway..
2. 2. MaipamahagiMaipamahagi nana angang mgamga lupainglupaing ninunoninuno ngng mgamga katutubokatutubo bataybatay sasa tradisyunaltradisyunal nana
kasunduankasunduan nini MamaloMamalo at at TabunawayTabunaway ..
3. 3. PagpatupadPagpatupad ngng customary law customary law pagpapatawagpagpapatawag ngng mgamga pulongpulong o tribal congress o tribal congress
kasamakasama nana angang installation at confirmation of tribal titles , customary justice system at installation at confirmation of tribal titles , customary justice system at pagpag
repasorepaso nana rinrin sasa mgamga kulturakultura at at tradisyontradisyon nana minsanminsan nag nag lalagaylalagay sasa kababaihangkababaihang IP IP sasa
masmas disdis adavantageadavantage nana posisyonposisyon..
4. 4. papelpapel ngng kababaihankababaihan at at kabataangkabataang katutubokatutubo sasa pagpatupadpagpatupad at at pagpaunladpagpaunlad ngng tribal tribal 4. 4. papelpapel ngng kababaihankababaihan at at kabataangkabataang katutubokatutubo sasa pagpatupadpagpatupad at at pagpaunladpagpaunlad ngng tribal tribal
self governance.self governance.
5, 5, mapagmapag kukunangkukunang pagpag babahagibabahagi (resources sharing) (resources sharing) malinawmalinaw nana palisiyapalisiya sasa
pamamahalapamamahala at at pagamitpagamit ngng likaslikas nana yamanyaman sasa loobloob ngng teritorialteritorial domain domain ngng katutubokatutubo
““umunumun” tax system ” tax system ngng katutubongkatutubong pamayananpamayanan..
6. 6. DepensaDepensa –– kung kung angang bangsabangsa moromoro ay may police ay may police dapatdapat suportahansuportahan din din anoano angang
kontekstokonteksto ngng IP IP parapara sasa pagpanatilipagpanatili sasa kaayusankaayusan at at seguridadseguridad sasa loobloob ngng teritorialteritorial domain domain
ngng bangsabangsa moromoro..
7. development at rehabilitation 7. development at rehabilitation –– pagsasadokumentopagsasadokumento ngng mgamga HRV HRV ngng magkabilangmagkabilang
panigpanig. . MabigyanMabigyan ngng hustisyahustisya angang biktimabiktima ngng gyeragyera at at pagtukoypagtukoy sasa mgamga lugarlugar sasa loobloob ngng
lupainglupaing ninunoninuno ngng mgamga katutubokatutubo parapara mabigyanmabigyan ngng katugunankatugunan. .
What is clear about the What is clear about the Indigenous Women in the Indigenous Women in the propose establishment of BAG propose establishment of BAG is that we have our own is that we have our own Distinct Rights as IP women Distinct Rights as IP women that must be respected and that must be respected and protected; we want to govern protected; we want to govern protected; we want to govern protected; we want to govern ourselves within our ancestral ourselves within our ancestral domain in accordance with our domain in accordance with our customary laws where our customary laws where our rights as Indigenous women are rights as Indigenous women are equally protected and equally protected and respected.respected.
Fiyo Bagi Fiyo Bagi MEUYAG!MEUYAG!