DAVAO CITY – The Indigenous People’s group Timuay Justice and Governance hopes that the processing of their application for the Certificate of Ancestral Domain Title would finally move forward after the recent signing of the Memorandum of Agreement between the National Commission on Indigenous Peoples and the Ministry of Indigenous Peoples’ Affairs-Bangsamoro Autonomous Region in Muslim Mindanao.
TJG Supreme Council member Alim Bandara said that the signing of the MOA between these two agencies has once again brought them hope that they would finally secure the long-anticipated CADT.
Bandara added that they are expecting that MIPA and NCIP would work together to hasten the processing of not just their application but also the other pending applications of Non-Moro Indigenous Peoples within the jurisdiction of the Bangsamoro region.
The processing of the Teduray, Lambangian, and Dulangan Manobo Ancestral Domain Conference in 2005 started after they filed a petition for recognition, delineation, segregation and the issuance of the CADT covering an area of about 201,850 hectares of the municipalities of Upi, South Upi, and southern portions of the municipalities of Datu Odin Sinsuat, Talayan, Guindulungan, Datu Unsay, Shariff Aguak, and Ampatuan in the province of Maguindanao.
Twenty years after, Bandara said that their application is still pending apparently due to jurisdiction issues between MIPA and NCIP. Bandara said this could be longest processing ever in Mindanao.
Bangsamoro Transition Authority Resolution No. 38 issued on September 2019 ordered the NCIP to cease and desist from the delineation process and the processing of the issuance of CADT in Maguindanao.
The BTA cited the Bangsamoro Organic Law that granted the BARMM exclusive power and authority over indigenous people’s rights within the jurisdiction of the region.
However, IP rights advocates said that the BOL cannot prevent the NCIP from processing applications while the BARMM is in transition.
With the signing of MOA, Bandara, 66, is hopeful that the issues that stalled their application would be resolved. “Maybe if the NCIP and MIPA would double their effort, then it may be possible.”
He said that NCIP is still the most appropriate agency to process their application since MIPA was recently created. “MIPA still needs the expertise of NCIP in processing CADTs. This task should not just be easily handed over to MIPA and that’s the reason why they signed the MOA,” the tribal leader said.
Without the MOA, Bandara added that NCIP’s jurisdiction might be questioned again. “But if the MIPA-BARMM and NCIP really wanted to serve the IPs, they should work together so that the IPs could catch up with the other sectors in terms of development.“
NCIP Chairperson Jennifer Pia Sibug-Las said that the MOA is a reaffirmation of the agency’s commitment to the thrust of the current administration, Bagong Pilipinas, which fosters and embraces diverse cultures and works towards a future that is sustainable and equitable for all.
“Wherein the Indigenous Peoples' voices will be heard, the Indigenous Peoples and our indigenous brothers and sisters in the BARMM will be empowered, and also the ancestral domains of our indigenous cultural communities in the BARMM will be safeguarded," Las added.
The MOA states the NCIP will share information and technical assistance in support of the MIPA-BARMM in crafting policies, programs, and regulations for IPs in the region.
Both parties have also agreed to develop specific activities and deliverables to be implemented in the spirit of cooperation and common commitment to provide protection and promotion of the rights and well-being of all IPs and indigenous cultural communities (ICCs) in the BARMM.
This includes the finalization of the delineation of the ancestral domains as well as the empowerment and enhancement of the indigenous political structures (IPS) and indigenous peoples organizations (IPOs) in the Bangsamoro region.
The MOA is also a big step forward to recognize and protect the rights of the tribal communities in the region. "The signing of the Memorandum of Agreement represents a major step forward in strengthening our partnership and collaboration, “said MIPA Minister Melanio Ulama.
He added that the MOA is a manifestation that the Bangsamoro government is truly committed to the vision of building an inclusive government that truly represents the diverse voices and needs of the people regardless of their background, faith, or identity.