What are the rights of indigenous peoples in the BOL?
- Blog Content
- Hits: 1985
IAG extracted portions of the Bangsamoro Organic Law (BOL) that relate to the rights of the non-Moro indigenous peoples in the proposed Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Take a look.
Article IV - General Principles and Policies
SEC. 9. Rights of Non-Moro Indigenous Peoples. – The Bangsamoro Government shall recognize and promote the rights of non-Moro indigenous peoples within the framework of the Constitution and national laws.
SEC. 10. Freedom of Choice. – The freedom of choice of all peoples within the Bangsamoro Autonomous Region shall be respected. Indigenous peoples shall have the freedom to retain their distinct indigenous and ethnic identity in addition to their Bangsamoro political identity. There shall be no discrimination on the basis of identity, religion, and ethnicity.
Article V - Powers of Government
SEC. 2. Powers of the Bangsamoro Government. – Subject to Section 20, Article X of 13 the Constitution and this Organic Law, the Bangsamoro Government shall exercise its authority over the following matters without prejudice to the general supervision of the President of the Republic of the Philippines:
(d) ancestral domain and natural resources
(f) indigenous peoples’ rights
Article VI - Intergovernmental Relations
SEC. 9. Council of Leaders. – There shall be a Council of Leaders that shall advise the Chief Minister on matters of governance in the Bangsamoro Autonomous Region. It shall consist of the following members:
(a) Chief Minister as head of the council;
(b) Members of the Congress of the Philippines from the Bangsamoro Autonomous Region;
(c) Provincial governors, and mayors of chartered cities in the Bangsamoro Autonomous Region;
(d) Representatives of traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, and Bangsamoro communities outside of the Bangsamoro Autonomous Region; and
(e) Representatives of other sectors.
The mechanism of representation and number of representatives in paragraphs (d) and (e) shall be determined by the Parliament. The representation of the non-Moro indigenous communities shall be pursuant to their customary laws and indigenous processes.
Article VII - Bangsamoro Government
SEC. 8. Election for Reserved Seats for Non-Moro Indigenous Peoples. – Notwithstanding the immediately preceding sections, reserved seats for non-Moro indigenous peoples, such as Teduray, Lambangian, Dulangan Manobo, B’laan, and Higaonon, shall adhere to their customary laws and indigenous processes based on the following:
(a) Primacy of customary laws and practices;
(b) Primacy of consensus building;
(c) Acceptability to the community;
(d) Inclusivity and full participation;
(e) Representation of the collective interests and aspirations of non-Moro indigenous peoples;
(f) Sustainability and strengthening of indigenous political structures; (g) Track record and capability; and
(h) Gender equality.
Article IX - Basic Rights
SEC. 1. Transitional Justice. – The Bangsamoro Parliament, taking into account the report of the Transitional Justice and Reconciliation Commission, shall enact a transitional justice mechanism to address the legitimate grievances of the Bangsamoro people and the indigenous peoples, such as historical injustices, human rights violations, and marginalization through unjust dispossession of territorial and proprietary rights and customary land tenure.
SEC. 2. Reparation for Unjust Dispossession. – The Parliament shall enact laws providing for adequate reparation to the Bangsamoro people affected by unjust dispossession of territorial and proprietary rights or customary land tenure, which may include payment of just compensation to and relocation of such people. No land title issued by the National Government under the Torrens System shall be invalidated.
SEC.3. Indigenous Peoples’ Rights. – The Bangsamoro Government recognizes the rights of the indigenous peoples and shall adopt measures for the promotion and protection of the following rights:
(a) Native titles or fusaka inged;
(b) Indigenous customs and traditions;
(c) Justice systems and indigenous political structures;
(d) Equitable share in revenues from the utilization of resources in their ancestral lands;
(e) Free, prior and informed consent;
(f) Political participation in the Bangsamoro Government including reserved seats for the non-Moro indigenous peoples in the Parliament;
(g) Basic services; and
(h) Freedom of choice as to their identity.
The Bangsamoro Government shall create a ministry for indigenous peoples and shall have the primary responsibility to formulate and implement policies, plans, and programs to promote the well-being of all indigenous peoples in the Bangsamoro Autonomous Region in recognition of their ancestral domain as well as their rights thereto.
Any measure enacted by the Parliament shall in no way diminish the rights and privileges granted to indigenous peoples by virtue of the United Nations Declaration of the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights, and other laws pertaining to indigenous peoples in the Bangsamoro Autonomous Region.
This Organic Law shall not in any manner diminish the rights and benefits of the non- Moro indigenous peoples in the Bangsamoro Autonomous Region under the Constitution, national laws, particularly Republic Act No. 8371, otherwise known as the “Indigenous Peoples’ rights Act of 1997”.
SEC. 19. Tribal University System. – The Parliament shall create a tribal university system in the Bangsamoro Autonomous Region to address the higher educational needs of the non-Moro indigenous peoples.
The Parliament shall pass a law to recognize and support the indigenous peoples’ educational system for its integration in the Bangsamoro educational system.
Article X - Bangsamoro Justice System
SEC. 1. Justice System in the Bangsamoro. – The Bangsamoro justice system shall be administered in accordance with the unique cultural and historical heritage of the Bangsamoro.
The dispensation of justice in the Bangsamoro Autonomous Region shall be in consonance with the Constitution, Shari’ah, traditional or tribal laws, and other relevant laws.
Shari’ah or Islamic law forms part of the Islamic tradition derived from religious precepts of Islam, particularly the Qur’an and Sunnah.
Shari’ah shall apply exclusively to cases involving Muslims. Where a case involves a non-Muslim, Shari’ah law may apply only if the non-Muslim voluntarily submits to the jurisdiction of the Shari’ah court.
The traditional or tribal laws shall be applicable to disputes of indigenous peoples within the Bangsamoro Autonomous Region.
The provisions of this Article shall not prejudice the rights of non-Muslims and non- indigenous peoples.
SEC. 17. Traditional or Tribal Justice Systems. – The Parliament shall enact laws to promote and support the traditional or tribal justice systems that are appropriate for the indigenous peoples.
The indigenous peoples shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms, and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights
The traditional justice systems are the mechanisms to determine, settle, and decide controversies and enforce decisions involving disputes between members of the indigenous peoples concerned in accordance with the customary laws of these communities.
Article XII - Fiscal Autonomy
SEC. 36. Share of Indigenous Communities. – Indigenous peoples and communities shall have an equitable share of the revenues generated from the exploration, development, and utilization of natural resources that are found within the territories covered by a native, traditional, or customary title in their favor, which shall be provided by a law to be passed by the Parliament detailing the sharing mechanism and percentages: Provided, That the rights and privileges granted to indigenous peoples by Republic Act No. 8371 and other laws pertaining to indigenous peoples shall not be diminished.
Article XVI - Bangsamoro Transition Authority
SEC. 8. Interim Cabinet. - The Interim Cabinet shall be composed of fifteen (15) primary ministries with sub-offices, namely:
(a) Finance, and Budget and Management;
(b) Social Services;
(c) Trade, Investments, and Tourism;
(d) Labor and Employment;
(e) Transportation and Communications;
(f) Basic, Higher and Technical Education;
(g) Indigenous Peoples’ Affairs;
(i) Public Works;
(j) Local Government;
(k) Environment, Natural Resources, and Energy;
(l) Human Settlements and Development;
(m) Science and Technology;
(n) Agriculture, Fisheries, and Agrarian Reform; and
(o) Public Order and Safety.
Other offices on youth, women, settler communities, disaster risk reduction and management, and planning and development, among others, may be created by the Bangsamoro Transition Authority.