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
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