The only remedy for this is to legally recognize the indigenous character of defensive forces traditionally embedded in all IP societies, provide for their registration and training by the army but provide that they are exclusively within the authority of the IPS and that they may not be relocated or given military assignments because they function exclusively as defense force of the ADs as well as provide sanctions and penalties for unlawful use of the defense force. The CHR endorses formal recognition and support for these law enforcement mechanisms already embedded in IP societies. 7. The peace process in the ARMM and efforts toward federalism render IP Rights nebulous and require re-definition of IP political status and relations with the State. Both islamized and non-islamized IPs affected by the peace process should enjoy the protection of the IPRA. Passage of the BBL (Bangsamoro Basic Law) must include mechanisms to protect IP rights such as those endorsed to Congress by the MIPLA (Mindanao IP Legislative Assembly) for creation of an independent IP commission and for a transitory committee to establish rules for its creation and definition of its powers The Non-Moro IPs and even the Moro IPs of Mindanao are asserting rights already “vested” under IPRA in an effort to carve out a separate regime of rights under the new political entity that the BBL seeks to establish, the Bangsamoro political entity. The IPs are asserting the principle of non-derogation and non-diminution of rights enjoyed under IPRA 32 This assertion is rendered more urgent by the fact that a large portion of the Teduray/ Lambangian Domain is presently within the “core territory” of the Bangsamoro. In the presentation of Mr. Dave de Vera of PAFID before the Indigenous Peoples Peace Panel (IPPP), AD in excess of 270,000 hectares which span 2/3 of the province of Maguindanao including the entire coastline facing the Moro Gulf was successfully delineated. The CADT application is still pending before the NCIP. The conduct of plebiscites within ADs to ask for a democratic vote on inclusion into Bangsamoro territory is a violation of the rights to ADs of the IPs. The concept of AD communal ownership which prohibits alienation of any part of the AD contemplates that no other entity may exercise dominion over the same. Plebiscite seeks the vote of the majority in ADs where the IPs have been minoritized but notwithstanding this are given special protection by the Constitution, the IPRA and the UNDRIP as “peoples”. The AD, under the concept of Native Titles, has been recognized in Philippine jurisprudence as privately owned by IPs since time immemorial and since before the Nation State came into existence. Therefore, it is ultra vires for the GRP to negotiate the acquisition of Bangsamoro territory albeit through the conduct of periodic plebiscites. 32 Resolutions of two MIPLA proceedings held in Davao Page | 20

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