Palace shoots down ‘lumad’s’ own homeland
By Michael Lim Ubac, Grace Cantal-Albasin, Ma. Cecilia Rodriguez, Lira Dalangin-Fernandez
Philippine Daily Inquirer, Mindanao Bureau, INQUIRER.net
First Posted 00:44:00 08/28/2008
Filed Under: indigenous people, Mindanao peace process
MANILA, Philippines—Malacańang on Wednesday shot down a proposal to create a separate autonomous region for the lumad (indigenous peoples in Mindanao).
Executive Secretary Eduardo Ermita pointed out that the creation of the Autonomous Region in Muslim Mindanao (ARMM) and the Cordillera Administrative Region was mandated by the 1987 Constitution.
Autonomy for the lumad has no legal basis, he said.
“There’s no provision in the Constitution that autonomy will be granted to the lumad. So, I think this is a good piece of conversation as far as some people, some observers are concerned. But it’s not like that,” Ermita said.
At the same time, he assured the lumad—whose ancestral domain could become part of the planned Muslim homeland called the Bangsamoro Juridical Entity (BJE)—that their ancestral domain was protected by the Indigenous Peoples’ Rights Act (Ipra) and could not be touched by Moros.
Ermita said the proper implementation of the law will address the concerns raised by the lumad, who have called for the creation of an Autonomous Region for the Lumad of Mindanao.
In a separate interview, Press Secretary Jesus Dureza said the Ipra was enacted to address the lumad's historical claims over their ancestral domain.
"If we will fully implement it, this will be a good response already to their aspirations," he said in a radio interview.
Ipra, which was enacted in 1997, has clear definitions and provisions on ancestral domain, and is considered a major breakthrough for the rights of the indigenous peoples and the indigenous cultural communities, Muslims included.
On Monday, around 200 representatives of 13 indigenous peoples’ communities in Mindanao and Palawan and several tribal leaders called for the creation of an Autonomous Region for the Lumad of Mindanao.
They said that if the government was willing to grant the Moros an expanded homeland, with broad economic and political powers, the indigenous peoples should be given self-rule, as well.
Mindanao hosts at least half the 11.8 million indigenous peoples in the country. A third of the 110 ethno-linguistic groups in the country are found in Mindanao.
The lumad leaders are critical of the memorandum of agreement (MOA) on ancestral domain between the Moro Islamic Liberation Front (MILF) and the government.
The MOA seeks to end the 40-year-old Moro armed struggle in Mindanao by expanding the scope and powers of the ARMM (Sulu, Maguindanao, Lanao del Sur, Tawi-Tawi, Basilan and Marawi City).
Ermita said the Ipra law had ample safeguards for the lumad.
“The content of the Ipra law is intended really to address the concerns of the lumad. This issue is coming out because of the ancestral domain agenda with the MILF. They will be surprised to learn the truth that their concerns have been already addressed by the Ipra law,” he said.
He said that what the lumad needed was an effective implementation of the provisions of the law.
Ermita said the indigenous communities would not be included in the BJE.
The proponents of a lumad autonomy on Monday said that indigenous peoples should be made principal representatives in the BJE and not just as observers.
“The indigenous peoples are stakeholders in Mindanao. It is their land that is being discussed here. Historically and legally, they have a big role in juridical entity,” said former North Cotabato Rep. Gregorio Andolana.
In Cagayan de Oro, lumad leaders conceded that indigenous communities found in traditional Moro areas would have to be included in the BJE.
They said that among the indigenous communities that could be included in the BJE are those found in areas covered by the Sultanate of Maguindanao, such as those populated by the Teduray, Lambiangan or the Dulangan-Manobo lumad.
Timuay Nanding Mudai, convenor of the Mindanao Palawan Indigenous Peoples’ Consultation on the BJE, told the Inquirer that except for these areas, no other lumad communities should become part of the BJE.
“But the Teduray, Lambiangan and Dulangan-Manobo tribes people demanded that they be recognized as lumad, that their culture be respected and that they be allowed to govern their ancestral domain according to their traditions, beliefs and justice system,” Mudai said at the end of the lumad convention in Cagayan de Oro on Tuesday evening.
Larry Tanso, a leader of the Teduray of Maguindanao, said his group feared that its rights would not be respected under the BJE.
“We want an assurance that the Bangsamoro (Moro nation) would recognize our age-old peace pact with them—leave to us what are ours,” Tanso said of the ancient unwritten pact between Moro and lumad leaders.
To ensure that the rights of the indigenous communities are not compromised, tribal leaders agreed to push for the direct participation of the lumad in the peace process with the MILF, according to Mudai.
“Should the government go through a deliberate review of the (MOA), then, we must have a seat not just as observers but members, who can interact (with other panel members) and defend and protect what are ours,” he said.
He said the same position would be made known before the Supreme Court during the oral arguments on the MOA on Friday.
“There should be a third party in the [peace] talks. There should be a separate panel composed of tribal leaders in Mindanao and Palawan. The indigenous peoples have a right to assert recognition,” Mudai said.
A declaration issued after the end of the conference echoed basically what Mudai and Tanso had told the Inquirer.
It was signed by at least 230 tribal leaders from the Subanen, Higaonon, Talaandig, Armunanen Manobo, Ubo Manobo, Manobo Pulangiyon, Dulangan Manobo, Teduray-Upi, Maguindanao and Sultan Kudarat; Lambangian, Blaan, Tboli, Tagakaolo, Bagobo, Banwaon, Mamanwa, Tagbanua, Mandaya, Mansaka, Ata-Manobo and Mangguangan communities.
Norma Capuyan, another conference organizer, said the declaration reflected the unified stand of the tribal leaders after studying the MOA.
“If the government and the MILF leaders would not hear us, we would again call for a similar gathering to consult the tribes on the next step,” she said.
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