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    KtindgAn ocial publicaon of IPDEV Project, Empowering Indigenous Peoples in the Autonomous Region in Muslim Mindanao

    Volume 1 Issue 4 / January 2013

    Why Bangsa-Mamalu? p3

    IP Rights law can be implemented in the

    Autonomous Region in Muslim Mindanao p5Interweaving IP Rights and Bangsamoro p9

    Tubak: A photo story p10

    Forging disaster plan over sacred mountain p13

    Restoring peace, life on sacred Mt Firis p14

    Achievements so far p16

    Ruray Fusaka p18

    WHATS INSIDE?

    Development

    Consultants Inc.

    DEVCON

    Recognion of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao for Empowerment andSustainable Development (IPDEV) is a project implemented by the consorum: Konrad Adenauer Sung e.V., Instute forAutonomy and Governance (IAG) and DEVCON Development Consultants Inc.

    This project isco-funded by theEuropean Union

    E U R O P E A N U N I O N

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    Kndg, in Teduray roughlymeans standing up for something,

    making one be seen and be felt

    among the many. The word is not

    far from the Cebuano or Tagalog

    variaons ofndog or ndig

    respecvely. It is a ng tle for a

    regular publicaon that aempts to

    capture the experiences gathered in

    this journey of recognizing the rights

    of the Indigenous Peoples.

    In this issue, we acknowledge

    and give credit to Mr. Amiel

    Mark Cagayan, i-WATCH for his

    photographs and to everyone who

    are always around, striving to make

    IPDev a real fullling, meaningful and

    connously inspiring project.

    Fiyo teresang!

    WhyBangsa-Mamalu?

    The indigenous communies ofTeduray, Lambangian at DulanganManobo within the AutonomousRegion in Muslim Mindanao (ARMM)have their own culture, customs andtradion disnct from that of theMoro.

    They lead their way of life andadhere to their customary lawsamid an atmosphere of condence,dignity, self-respect and faith along a

    recognized inged or terrriitory, allof which form part of what they referto as ndegan.

    Once a person can exercisehis ndegan, that person is abarabangsa, explained a documentreleased by the group Timuay Jusceand Governance (TMJ) in the lightof the signing of the FrameworkAgreement of the Bangsamoro.

    TMJ asserted that the ndeg

    of the IPs is evident in the longhistory of Mindanao even longbefore the 14th century when Islamwas introduced to the people ofMindanao.

    In that episode of the history ofMindanao, the ndeg of the IPleaders then came to a crucial testwhen known leaders Amil and Adohave to decide on whether to go witha new system of Sultanate in a Islamic

    3

    Implemenng OceInstute for Autonomy andGovernance2/F UMEX BuildingNotre Dame UniversityNotre Dame AvenueCotabato City, PhilippinesTelefax. (064) 421-2071Mob: 0999-991-3221Email [email protected]

    Implemenng OceInstute for Autonomy andGovernance2/F UMEX BuildingNotre Dame UniversityNotre Dame AvenueCotabato City, PhilippinesTelefax. (064) 421-2071Mob: 0999-991-3221Email [email protected]

    Implemenng OceInstute for Autonomy andGovernance2/F UMEX BuildingNotre Dame UniversityNotre Dame AvenueCotabato City, PhilippinesTelefax. (064) 421-2071Mob: 0999-991-3221Email [email protected]

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    way of life or to remain as they arein their tradional way of leadershipand governance.

    Amil opted to follow the newsystem while Ado remained in thetradional side.

    But even as they diered in theirbelief and system of governance,Amil and Ado came up with a treatythat will help sustain their policaland economic es.

    With these, Amils group becameknown as Tabunaway while that ofAdo was known as Mamalu, whichcame from the word malu-malu oralu-alu meaning hesitant.

    Each of Amils and Ados group havetheir respecve ndeg and bothare considered to be barabangsa.

    TJG cited that such is a poron ofMindanaos history that was nevergiven prominence and became

    unseen to many, even unl now asit was overshadowed by the ensuingdevelopments in the island andchanges in society.

    Yet it became part of the IPshistorical injusces.

    In its statement, TJG declared thatsuch historical injusce can only becorrected if Mamalu is recognized asbarabangsa and be referred to asBangsa-Mamalu.

    4

    IPRA can beimplemented

    in ARMM

    5

    6

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    Wild cheers from among Indigenous Peoples met MujivHataman, governor of the Autonomous Region in MuslimMindanao (ARMM), when he uered, There are no legalimpediments in implemenng IPRA in the ARMM.

    Such remarks of the ARMM governor is deemed apolicy declaraon made before hundreds of delegatesfrom the dierent IP communies in the ARMM like theTeduray, Lambangian, Dulangan Manobo of Maguindanaoand the Sama of Tawi-tawi during consultaons onthe Framework Agreement on the Bangsamoro in Upi,Maguindanao.

    Hataman drew further applause when he announcedthat A proper survey can already be conducted on the

    201,850 hectares of Teduray, Lambangian and DulanganManobo land within Maguindanao.

    The ARMM governor earlier met with GovernmentPeace Panel Chair Prof. Miriam Coronel Ferrer, NaonalCommission on Indigenous Peoples (NCIP) CommissionerBrigie Pawid and NCIP Region 12 Director Wuy Lim PWong.

    This number (201,850 hectares) may be reduced, saidEngr Eric Ras, NCIP North Cotabato Provincial Ocer, whowas tasked to oversee the survey, inasmuch as thereare already parcels that have been tled. But what isimportant is that it is idened and delineated properly.

    Hataman has asked NCIP 12 to fast track the proposedbudget for the survey together with a minimum stangpaern for an NCIP oce in the ARMM.

    I am willing to host a space for the NCIP in the Oce ofthe Governor, he added.

    The FAB consultaon was highlighted with Hatamanspolicy declaraon as IPs in the ARMM already led for anancestral domain tle (CADT) in 2005, eight (8) years aerRepublic Act 8371 or beer known as the IndigenousPeoples Rights Act (IPRA) or 3 years before the passing ofthe Muslim Mindanao Autonomy Act (MMAA 241).

    The claim has languished in the oce of the NaonalCommission on Indigenous Peoples (NCIP), says TimuayAlim Bandara, Head Claimant of the Teduray LambangianDulangan Manobo Ancestral Domain Claimants

    (TLADMADC).There is a perceived need to clearly dene roles and

    responsibilies among and between the NCIP and theOce of Southern Cultural Communies (OSCC) beforethings can go unhampered, opined Bandara.

    The TLADMADC has already secured a minimal amountfrom donors for the conduct of the survey but a biggeramount has yet to be sourced by the NCIP for a surveycan be conducted.

    Ancestral Domain is embodied in the IndigenousPeoples Bundle of Rights.Lawyer Rasul Mitmug Jr, Speaker of ARMMs Regional

    Legislave Assembly, said A resoluon will be led in theRegional Assembly soon. Mitmug was with Gov Hatamanin the consultaons with the IPs.

    Mitmug said this will rearm the implementaon ofIPRA in the ARMM. Resoluon No 269 was passed in2003 adapng IPRA as the legal framework in recognizingthe rights of the IPs in the ARMM.

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    There are no legal

    impediments in

    implementing IPRA in

    the ARMM...

    6

    ARMM Gov. Mujiv Hataman:

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    weaving IP Rightsand Bangsamoro

    ISSUES on ancestral domain, self-governance, jusce and human

    rights, and cultural identy remainthe main substance of what theIndigenous Peoples (IPs) raised duringconsultaons in Upi, Maguindanao,on the Framework Agreement onBangsamoro (FAB).

    Basically, it is all IP rights and how itwill be weaved into the Bangsamorobasic law which will be craedby a sll to be created TransionCommission, remarked Upi MayorRamon Piang, an alternate member ofthe government peace panel for theIPs.

    Organized by Oce of thePresidenal Adviser on the PeaceProcess (OPAPP) along with Upi

    local government and severalIP organizaons, the regionalconsultave assembly gave anopportunity to IPs to express theirviews on the FAB and how it wouldaect their lives, Piang said.

    In the ensuing workshop duringthe consultaons, IP Rights and thegranng of an Ancestral DomainTitle emerged as the main message

    of the parcipants, who also ensured their fullparcipaon in the craing of the Bangsamoro

    basic law.It is worth to note that the Tedurays,

    Lambangian and Dulangan Manobo have ledtheir unied ancestral domain claim in 2005to the Naonal Commission on IndigenousPeoples (NCIP), eight years aer the IPRA waspassed or three years before the MMAA241of Tribal Peoples Rights Act of the ARMM waspassed.

    As such, the respecve roles of NCIP andOSCC (Oce of Southern Cultural Communies)need to be claried for a conduct of adelineaon survey which is the crucial stepin idenfying areas that are sll part of theancestral domain claim.

    The parcipants also recognized the sincerityof the GPH Panel and the President on their

    desire to put a closure to the talks even asthey reiterated their expectaon from thegovernment in addressing other conicts suchas landgrabbing in Mt Firis and developmentaggression through the entry of IFMA in theDulangan Manobo areas, among others.

    The parcipants once again called for peaceand unity; and hoped that forums like thisconsultave assembly will connue and guideeveryone towards the fulllment of peace.

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    TubakTubak is a remote village

    tucked within a denselyforested portion of the Dagumamountain range that straddlesMaguindanao and Sultan Kudaratprovinces.

    While it is part of Ampatuantown in Maguindanao, Tubak canbe reached via a three-hourmotorcycle ride from Esperanzatown in Sultan Kudarat, throughnarrow rugged roads alongmountain sides.

    It is home to nearly a thousandinhabitants of mostly indigenousDulangan-Manobo and Tedurayfolks that rely on the land, riverand the forests around them fortheir subsistence.

    Their leader known as KapKadingilan, himself a DulanganManobo, describes thedifculties they face even asthey pin their hope on theirTana Tupo (ancestral domain)and the education of theirchildren.

    We live with our Tana Tupo.Without it, we are as good asnothing, he said.

    Residents of Tubak said theTana Tupo is the only thing theycan leave to their children whenthey are gone.

    Our children must have theproper education so that theycan protect and preserve ourTana Tupo, an elder remarked.

    A PHOTO STORY:

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    Following the consultaons, aTechnical Working Group will beformed among the IPs who will helpin ensuring that provisions protecngthe rights of IPs will be incorporatedinto the Bangsamoro basic law.

    Delegates from the dierent IPcommunies within the core territoryof the Autonomous Region in Muslim

    Mindanao (ARMM) were presentduring the consultaons, amongthem the Teduray, Lambangian,Dulangan Manobo of Maguindanaoand the Sama of Tawi-tawi.

    The Arumanen Manobo wereamong IP communies coming fromoutside the core territory.

    Government Peace Panel Chair

    Prof. Miriam Coronel Ferrer showeda video about the rights of the IPsas well as the road map as to whatsteps will be undertaken towards thecreaon of the new polical enty.

    IP parcipants gave their messagesof full support to the FAB, highlighngthat their presence is already anindicaon of such support.

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    What best venue to forged a

    disaster management plan than in asacred place beset by conicng landownership.

    The Regional Disaster RiskReducon & Management Plan(RDRRMP) in the AutonomousRegion in Muslim Mindanao (ARMM)was nally approved and signed byARMM governor Mujiv Hataman andRDRRMC-ARMM Chair on December9.

    The historic signing of theRDRRMP was done atop Hill 224,a predominantly IP communityin the sacred Mt Firis Complex ofMaguindanao, which is beset byconicts aributed to claims of land

    ownership by non-IPs.Its worth nong that as we arebuilding forests on the western sideof Mindanao, the eastern side ofMindanao has just been ravaged byTyphoon Pablo, said IPDEV ManagerAveen Acua-Gulo.

    The forest-building acvity wasalso in line with the celebraon ofMindanao Week of Peace.

    ARMM Disaster Planforged on Mt. Firis

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    It was Mindanao Week of Peaceand hundreds of residents, mostlyIndigenous Peoples (IPs), plantedsome 2,000 seedlings of various treespecies along the hills surroundingMt Firis in Maguindanao, as their wayof celebrang the week-long event.

    The place, however, has beena conict ashpoint when armedgroups made it part of their territory,displacing hundreds of IP families.

    We are building a forest here, notmerely planng trees, pointed out

    IPDev Manager Aveen Acua-Gulo,and not just anywhere but in Mt.Firis, the most sacred mountain ofthe Teduray and Lambangian tribes insouthern Philippines.

    Hilario Tanzo, Deputy Governorfor IPs in the Autonomous Regionin Muslim Mindanao (ARMM), saidforests mean a lot to their lives asIndigenous Peoples.

    If we restore the forests, werestore the peace, we restore life,

    Tanzo said.Hoping to move to another level

    from the usual noon of treeplanng, Gulo said When we thinkof the forest, and not just individualtrees, as the resource, the wholecontext hopefully changes.

    She went on to explain that theforest holds the soil, provides water,and regulates the temperature ofthe atmosphere. Forests are not justmade of trees and grasses, but ofpeople as well.

    IPs have relied on forests sinceme immemorial, she claried.ARMM Environment and Natural

    Resources Secretary Kahal Kedtagdeclared We assure the communitythat all legal processes will beexhausted in resolving the landconicts surrounding Mt Firis.

    On hand to be part of themomentous event was ARMMGovernor Mujiv Hataman who cameon me by helicopter to Sio Baay-

    baay, (commonly known as Hill 224due to its elevaon of 224 metersASL).

    He then led in building forests some400 people from the surroundingbarangays that came together withgovernment ocials, local leaders aswell as soldiers from the MechanizedBaalion, 45th Infantry Baalion,38th IB and 5th Special ForcesBaalion.

    The seedlings planted consisted ofmahogany, narra, citrus, guyabano,marang and anpolo, ilang-ilang andraan.

    Soldiers helped in distribungthe seedlings to families, whoplanted just enough for what theycan manage. S ome planted theirtrees along the road, some in theircorneld and some near their houses.

    Local farmers were told not to burnthe grasses so as not to harm thenewly planted saplings.

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    Restoring peace,restoringlife onsacred Mt. Firis

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    Aer four long years since thepassage of the Tribal Peoples RightsAct (Muslim Mindanao AutonomyAct or MMAA 241), came itsImplemenng Rules and Regulaonswhich was signed last October 25.

    The Tribal Peoples Rights Act waspassed by the Regional LegislaveAssembly on June 11, 2008.

    IPDev Manager Aveen Acua-Gulo reported such development tothe Project Sounding Board (PSB)in its third quarterly meeng heldlast November 22, 2012 at theIAG Conference Hall, Notre DameUniversity in Cotabato City.

    Aer four months review and

    deliberaons on the dra, the IRRwas nally signed on October 25,2012 by the members of the IPTechnical Working Group headed byOSCC Execuve Director Bai FamaKanakan.

    The PSB is an advisory groupof 15-20 members from dierentstakeholders who provide feedbackand guidance on issues arising in thecourse of the projects lifeme.

    The major agendum for the 3rd PSBwas the recently signed FrameworkAgreement on the Bangsamoro(FAB). Sub-agenda include identyof Indigenous Peoples in the ARMM,inasmuch as some groups within thethree major tribes have issued uniedstatements asserng their right notto be called Bangsamoro.

    Gulo said also presented to thePSB were feedback gathered fromthe ground through various forumsiniated by IPDev.

    While there were expression ofsupport to the peace process, thecommunies sll have reservaonson whether the current protecon

    they are geng from the governmentwill connue.

    Over the years, many IPcommunies have been displaceddue to armed conict andharassments from armed groups.Previous aempts to return to theirplaces of origin were faced with theirancestral land already being tled toprivate individuals.

    While relave stability is currently

    being experienced in the last threemonths, some IPs are graduallygoing back to their ancestral land,preparing the land for culvaon andbuilding their huts.

    Members of the PSB wereencouraged to discuss the ndingswith their principals, with the endin view of forging more partnershipsin addressing the gaps in a melymanner.

    The move is in keeping with theRecognion of the Rights of theIndigenous Peoples in the ARMM fortheir Empowerment and SustainableDevelopment or IPDEV which waslaunched in February 2012 and is

    co-funded by the EU and the KonradAdenauer Sung (KAS).IPDEV is a project implemented by

    the consorum: Konrad-Adenauer-Sung (KAS), Instute for Autonomyand Governance (IAG), and DEVCONDevelopment Consultants Inc.

    Within a period of three years, theproject team will work towards theprotecon and promoon of rights ofIndigenous Peoples in 76 barangaysin the ARMM.

    3rdPSB:IRR of MMAA 241

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    Ruray FusakaI

    Riruk sisoy guwedeFanabiyab mgubar

    Tulus gumba mriyangKnogon linaw-linaw

    Tunggu lndag liyunnSolo tmikuf rndawSolo lminaw-linaw

    Ramfung lgawlaw lawayII

    Ingd gey snsafaanDakl foy buku geye

    Sambuli man undoyn goSafa gey giyar geye

    Fusa ky beemIII

    Mamalu gefe safaSgita nkey beem

    Fasad mntulng geynKntdmo gitoonSafa gey baul geye

    Fanduga gey so beemIV

    Sugu-i soonomonBungkasni fgaladMantu nto kirmon

    Tmawagn fgrangAmuk smusow daraTad foy furay snule

    Diyunn say fnuwo weDait ktororn sa kTduray, Lambangian

    Mgukuleb FusakaV

    Lundaan Timfada LimudKago sfbnalani

    Tamay ruray Fusaka-eTmawagn lmugn

    Ukit Kitab TgudonKago dowoyn begeyDaitn sa dowoyn

    San bay medusa-dusa weSfet tglibaknBeroy uleoy lolow

    VIFindgo key bandera

    Fusaka geye IngdKntdomo gitoonRndawi kadatan

    Snfsulangi fatukebDilk tanda-i aras

    Gitoon solo mubodTanda k baya-baya

    Kagoy mantu we ganadFimu sen b Fusaka

    (Repeat IV)

    I

    The message beginsWith greengs to mother earthGod can surely hear our voices

    To the shining stars above

    The wisdom of our great leadersSource of light for the world

    With brightness that glows all overThroughout the heavens

    II

    Our domains though sealed withpacts

    Yet we are so sad today becauseTo regain control over you is

    dicultBut we swear

    You will be our domains foreverIII

    Mamalu, the treaty holderWe greet you with all respectFor we are now fully awareOf the trails you built for usWe pledge with all our souls

    That youll sll be our only guideIV

    With the command now from themasses

    Transform the dark into brightnessTo expose the new pathwaysWe call for vigor and unity in

    strengthBe it in bloody trek

    Without regretJust to establish the village

    That is worthyFor the Teduray and Lambangian

    To guard and take control over

    meV

    In Gods name and leaders inassembly

    Dont hesitate toTake custody of everything within

    the domainsInvoking the powers of all spirits

    Our customs and tradionsDont put blame on our aconsFor they that need to be blamed

    Are the oppressorsWhose line of descent in the dark

    They that should be cursedVI

    We will set up agsWithin the domains

    With the stars alignedSymbolizing our cultures

    Crisscrossed with ax and spearMarkers of resources for livelihoodAnd with the morning star at sightA new daylight is near and be glad

    For the new crop of leadersWill take good care of you

    (Repeat IV)

    Treasures inthe Domains

    18

    Treasures in the Domains or RurayFusaka in Teduray is a hymn composedby Alim Bandara with the help ofFintailan Bun Segundo, narrator/singerof several Teduray epics.

    The melody is based on the famousTduray epic entled Londogon and

    rst sung by Fintailan Bun at RendawMoselas residence at Lahangkeb, Upi,Maguindanao on August, 1985.

    The composion of the hymn wasinspired by the Alangkat, a Tduray &Lambangian movement for territorialdefense in the 1920s where Fintailan Bun

    had acvely parcipated and aroused bythe MNLF wars in the 1980s whereissues of identy, territory, governance,livelihood, culture & spirituality are onceagain at stake.

    The hymn was translated into English byAlim Bandara on November, 2012, due topopular demand from non Tduray whowants to know the message of the hymn.

    Alim Bandara

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    Development

    Consultants Inc.

    DEVCON

    The European Union (EU) numbers 27 different nations determined to shape their future closely together. Over a period of enlargement of more than 50 years, they have, together,built a zone of peace, stability, progress and solidarity. The EU is a model for overcoming conict and promoting reconciliation through close co-operation to achieve common goals,while respecting national sovereignty and territorial integrity. But the EU is not focused on itself. Its ambition is to share its achievements and values with countries beyond its borders.

    This project is

    co-funded by theEuropean Union

    Coordinaon OceKonrad-Adenauer-Sung5/F Cambridge Bldg.,108 Tordesillas cor. Gallardo Sts.,Maka City, PhilippinesTel: (02) 403-6773Mob: 0915-139-1449Email [email protected]

    Implemenng OceInstute for Autonomy and Governance2/F UMEX BuildingNotre Dame UniversityNotre Dame AvenueCotabato City, PhilippinesTelefax. (064) 421-2071Mob: 0999-991-3221Email [email protected]

    Delegaon of the European Unionto the Philippines30/F Tower II, RCBC Plaza,6819 Ayala Ave. cor. Gil PuyatMaka City, 1200, PhilippinesPhone: +63 2 859-5100Fax: +63 2 859-5109Website: hp://eeas.europa.eu/delegaons/

    philippinesFacebook: hp://www.facebook.com/#!/EUDelegaonToThePhilippinesTwier: hp://twier.com/#!/EUinthePH

    DISCLAIMER: This publicaon has been produced with the assistance of theEuropean Union. The contents of this publicaon are the sole responsibility ofIPDEV and can in no way be taken to reect the views of the European Union.

    www.iag.org.ph/ipdev

    E U R O P E A N U N I O N