It is also an act of State discrimination to give preference to one people in derogation of the rights
of another. The Convention on the Elimination of All Forms of Racial Discrimination defines “racial
discrimination” as “any distinction, exclusion, restriction or preference based on race, color,
descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on equal footing, human rights and fundamental freedoms in
the political, economic, social, cultural or any other field of public life.”
If the BBL is passed into law by Congress, it would be an act of preferential treatment of the
Bangsamoro impairing and/or nullifying the rights to self-governance and self-determination of
IPs by allowing the Bangsamoro, through plebiscites, to annex portions of ADs.
The definition of the Bangsamoro people which eliminates the dichotomy between Moro and NonMoro IPs as well as negates the diversity and multi-cultural character of IPs in Mindanao is
violative per se of the rights to cultural identity of all IPs.
The BBL, although it manifests recognition of Native Titles and the rights of indigenous peoples,
does not mention IPRA implementation inside Bangsamoro territory. Instead, it projects a 25-year
period wherein periodic plebiscites recurring every 5 years will be conducted to increase its
territory.
The BBL, however, repeals the previous dichotomy between Moro and Non-Moro Indigenous
Peoples and subsumed this to a homogenous “Bangsamoro people” ignoring the international
definition of IPs and the basic realities of Mindanao, i.e., that there are 21 Non-Moro IP tribes and
8 Islamized IP tribes with historically delineated ADs.
This is indicative of an agenda of integration and assimilation of Non-Moro IP for the purpose of
increasing Bangsamoro territory. These are addressed by Article 8, UNDRIP: “States shall
provide effective mechanisms for prevention and redress for: (d) any form of forced assimilation
or integration”.
To conduct a plebiscite within ADs will have the potential effect of surrendering the rights to selfdetermination and self-governance over any or all of the ADs to another political entity such as
the Bangsamoro government. It is a form of forced assimilation, especially in view of the political
and economic marginalization and minoritization of the IPs within their own ADs. It is also a form
of gerrymandering 33 where the plebiscites are conducted in areas where the demographics, such
as the minoritization of IPs within their own ADs, would yield a result that supports the political
agenda of the Bangsamoro for territorial expansion.
Thus, the CHR would strongly urge Congress to pass the version of the BBL which contains the
proposals of the Mindanao IP Legislative Assembly (MIPLA) to create a Mindanao IP Commission
and a Transitory Commission to establish the rules and parameters of new political relations with
the Bangsamoro.
33
Gerrymandering is a practice intended to establish a political advantage for a particular party or group by manipulating district
boundaries.
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