they explain that the “Alamara” and “Alimaong” are not military creations but traditional enforcers
of customary law and peacekeepers within the domain.
These are under the authority of the Indigenous Political Structures (IPS) 31: Moreover, efforts of
the IPs to declare their ADs as zones of peace require a monitoring mechanism on the ground
level. This mechanism has to have a capacity to defend the integrity of the AD through
communication equipment, sea and land patrol vehicles, proper training and duly registered
firearms.
An internal body authorized to conduct arrests for violations of customary law and national laws
for the conservation of resources such as the total log ban within ADs is a natural prerequisite of
self-governance. It is also necessary in enforcing the right to regulate entry and authorized
activities of migrant settlers and other entities.
If the IP are to assert this right, it would be an exercise in futility without the assistance of some
form of traditional law enforcement. Moreover, the IPRA sets down obligations for the IPs to
maintain ecological balance and restore denuded areas which also require Law enforcement.
The IPRA provides no recognition of such traditional peacekeeping police function despite its
repeated recognition of customary law. It does not even provide that the IP may call on the PNP
to enforce its dispute resolutions and for police assistance in maintaining ecological balance within
the ADs.
It is a glaring gap in the law that needs to be addressed.
It is direct empowerment to recognize the IP mechanisms whereby they traditionally enforce
customary law, conserve remaining natural resources and maintain peace and order within the
ancestral domain.
Past experiences of the army recruiting IPs have led to violent factionalism within the IP societies,
especially if there are IPs who have joined the armed rebellion in their area. This is the violent
experience in Agusan where the IPs where nearly evenly divided between tribe members who
have joined the NPA and tribe members who have joined the Army. Traditional society is dissolved
and the IPS is no longer the source of authority in the area.
Recent efforts at peace dialogues between the parties the conflict have yielded preliminary
promising results with both factions reportedly abandoning their affiliations in favor of re-asserting
their IP identities.
Moreover, peacekeeping and territorial defense concerns are not within the mandate of the
Philippine Army as these are matters internal to the IPs and can only be dealt with by providing
the Indigenous Political Structures (IPS) a mechanism to protect and defend its territory and
peoples.
Neither are these concerns within the mandate of the Philippine National Police, as these will
require the authority, direction and supervision of traditional leaders/elders and are for the
enforcement of another set of laws, i.e., customary laws.
31
Transcripts of CHR Haran public hearing
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