Understanding the rights of the indigenous peoples in the Bangsamoro can better be understood in the context of sibling relationship.

- Taken from the story of two brothers, Mamalu and Tabunaway, the basic tenet is that you have to respect the choices and aspirations of your siblings. If taken in a societal context, respect the choices of other ethno-linguistic groups within a society say for instance, the choice for self-determination.

The term “kalibugan” was introduced as a useful descriptive term in trying to sort out and capture the confusing complexity brought about by identity politics that somehow characterize social movements for one type of autonomy or another. The term kalibugan is both descriptive and analytic that tells one to investigate the nuances of the dynamic interplay of biological, social, and cultural elements of the overall process of autonomy. In relation to the story of Tabunaway and Mamalu, one can ask: what brought about their complex and confusing relationship? From the Tabunaway and Mamalu that started well, what triggered the animosities that presently exist, if there’s any?

It has been observed that identity politics is an ironic twist of globalization because even as globalization attempts to homogenize the world, identity seems to rise and ethno-linguistic groups or sub-units of society assert themselves the right to self-rule given the various contradictions brought about by the accelerating rate of change in the global arena.

Between the indigenous cultural communities and the BBL, once question comes to mind: why should the BBL embodying the aspirations of the revolutionary struggle forged out of a protracted political negotiation meet the requirements of legality and constitutionality under a Constitution which led to the necessity of armed revolution in the first place? Should the existing legal and constitutional framework be loosened enough to entrench the politically negotiated agreement without breaking it? If so, what precautionary measures are necessary to ensure that adequate structures and rules of the desired autonomy are in place?

The protracted struggle for self-determination is not only confined to the moro population in the proposed Bangsamoro. There are also other groups like the Teduray and the Lambangian Manobo and the other groups, who have struggled for recognition on their legal and human rights and also want autonomy in their ancestral domain so as to live their way of life guided by their Tegudon. These groups are trying to sort out the basis of their political identity as they struggle for autonomy within the Philippines and within the proposed Bangsamoro. Although, their kind of autonomy was already constitutionally recognized in the 1987 Constitution, up until now they still don’t have their certificate of ancestral domain title (CADT) due to failure of the concerned institutions both at the national and regional levels.

Some recommendations:

■The identity issue stemming from the provision in the BBL, which to some groups like the IPs is biased in favour of the Bangsamoro people, can be easily remedied by saying to the effect that the provision shall not be detrimental or shall not prejudice the rights of indigenous peoples who do not consider themselves as part of the Bangsamoro.

■On ancestral domains, the mode under the Indigenous Peoples’ Rights Act (IPRA) is self-delineation. However, under the BBL the mode is judicial affirmation which was just copied from R.A. 9054 (The Organic Act of ARMM as amended). But this can be remedied by adopting in the final version of the BBL the self-delineation mode of the IPRA.

■On parliament representation, different indigenous peoples should be given equal representations in the parliament on the basis of diverse composition of population within the Bangsamoro territory.

■The contentious issue about whether to mention or not to mention in the BBL the existing national laws to remain effective in the Bangsamoro such the IPRA or the Labor Code which in a way erodes the legislative powers of the regional legislative assembly. The RLA should be allowed to exercise its authority over autonomy because the intent of autonomy is to recognize the distinction of the different peoples in the Bangsamoro and allow the diversity to happen through policies that will be promulgated by the regional assembly. One suggestion is to set the minimum for regional policies. The Constitution and other national laws can be set as the minimum or by enumerating all the rights given by the Constitution, or by IPRA in the BBL itself saying that the regional legislative assembly cannot diminish the rights already given say to the indigenous peoples.

Messages:

■Protecting the rights of the indigenous peoples in the Bangsamoro over their ancestral lands should be in accordance with international standards like the United Nations Declaration on the Rights of Indigenous Peoples, and not on local or national laws. One reason why the IPRA is not trusted as useful law, protective of IPs interests is due to the intrusion of corporate mining interests into the areas of indigenous peoples destroying not just the community, but the natural resources as well.

■We should help the IPs protect and sustain their ancestral domain because we owe it to them some of the reasons why our planet earth is at this relatively healthy ecological balance.

■In the event that a BBL is approved to the satisfaction of all relevant stakeholders, it is necessary even at this stage to begin the processes designed to inculcate respect for differences and diversity reinforced by shared beliefs and values supportive of human rights. Existing institutions like schools, mass media and the like could be mobilized to undertake this. And for the national agencies such as the NCIP and the regional bodies such as the regional legislative assembly to quickly make up for the lost time and opportunity, so as to build trust and confidence in government institutions.

■A retired University of the Philippines (UP) faculty member, Prof. Ponciano Bennagen is an anthropologist and field worker. He was a member of the Philippine Constitutional Commission of 1986.

■Prof. Abhoud Syed M. Lingga is the executive director of the Institute of Bangsamoro Studies. The Institute of Bangsamoro Studies (IBS) is a non-profit and non-government institution engaged in research on Bangsamoro history, culture, politics, economy and contemporary affairs; trainings to capacitate the youth, women and the poor; and community services to poor and conflict-affected areas. Prof. Lingga is an active member of various non-government organizations, and has served in management capacities in various public and private organizations. He holds Master of Arts degrees in Islamic Studies and Education.

■Atty. Marlon J. Manuel is a Professor and Bar Review Lecturer at the Ateneo de Manila University School of Law, where he has been teaching since 1996, and at the San Beda College of Law.  He specializes in Labor Law and Constitutional/Political Law.   He is the National Coordinator of the Alternative Law Groups (ALG), a coalition of more than twenty (20) Philippine NGOs that adhere to the principles and values of alternative or social development-oriented law practice.  These organizations have distinct programs for legal assistance that is primarily concerned with the pursuit of public interest, respect for human rights, and promotion of social justice.