1. BANGSAMORO HUMAN
RIGHTS COMMISSION
INDIGENENOUS PEOPLES’
RIGHTS
Safar 10, 1444 AH || Septe,ber 06, 2022
08:00AM-5:00PM
Hall 4, Robinson’s Hall, Mall of Alnor, Cotabato City
ARCHIE U. BUAYA, MPA
BHRC Commissioner

2. Indigenous Peoples’ Rights
HISTORY: “When the Spaniards conquered the Philippines, they
declared that! All lands of the Philippines become the property of the
King of Spain” (Regalian Doctrine)
 RD did not recognize traditional land rights and ownership of ICCs/IPs
 Without titles, Indigenous Peoples were forced to lose ownership of
these lands

3. Who are the Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs)? (chapter II, Sec (h) IPRA)
• refer to a group of people or Homogenous societies identified by self-
ascription and ascription by others, who have continuously lived as
organized community on communally bounded and defined territory,
and who have, under claims of ownership, since time immemorial,
occupied, possessed and utilized such territories
• sharing common bond of language customs, traditions, and other
distinct cultural traits or who have become
• historically differentiated from the majority of the Filipinos

4. Who are the Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs)? (chapter II, Sec (h) IPRA)
 A deep-rooted history of discrimination, marginalization & continuing until the
present
 Called by various names & handled by different agencies (1901 to present)
 Non- participation & exclusion in local & national plans (top-down approach)
 Invisible in PH census (uncounted & account)
 Development aggression (inaccessibility of services; extractive industries)
 110 ethno-linguistic group
 Estimated of 14 Million
 16 % of PH population

5. WHO ARE THE IPS/ICCs -IPs/ ICCs: PEOPLES CALLED BY VARIOUS
1901: Bureau of Non-Christian Tribes (PCA 253) under the Dept of Interior
1902: Bureau of Ethnological Survey for the Phil Island vice DOI
1957: Commission on National Integration (non-christian Filipinos) RA 1888
1972: Presidential Assistance on National Minorities (PANAMIN)
1987: OSCC; ONCC and OMA
1997: National Commission on Indigenous Peoples (merger of OSCC and
ONCC)
2007: National Commission on Muslim Filipino
2019: Ministry of Indigenous Peoples Affairs (MIPA) non-Moro indigenous
peoples in the Bangsamoro

6. IPs/ICCs: STRUGGLE TO SELF-DETERMINATION
IPs/ICCs: STRUGGLE TO SELF-DETERMINATION
 Native Title (CADT)
 Customary Laws (Leadership & Justice System)
 Ancestral Domain/territories/homeland & peoples
 Indigenous Knowledge Systems & Practices (IKSP)
 Indigenous Political Structure
 Cultural Integrity

7. 10 things to know about indigenous peoples
1. INDIGENOUS PEOPLES ARE EVERYWHERE There are more than 476 million indigenous people in the world,
spread across 90 countries and representing 5,000 different cultures.
They make up 6.2 percent of the global population and live in all
geographic regions.
2. INDIGENOUS PEOPLES SPEAK THE MAJORITY OF THE WORLD'S
LANGUAGES
At least 40 percent of the world’s 7,000 languages are at some level of
endangerment. It’s estimated that one Indigenous language dies
every two weeks
3. INDIGENOUS PEOPLE ARE MORE LIKELY TO BE POOR AND
VULNERABLE
More than 86 percent of Indigenous peoples work in the informal
economy and are nearly three times as likely to be living in extreme
poverty. They are more likely to suffer from malnutrition, and often
lack adequate social protection and economic resources.
4. INDIGENOUS PEOPLE LIVE SHORTER LIVES AND RECEIVE LESS
EDUCATION
The life expectancy of Indigenous peoples is as much as 20 years
lower than that of their non-Indigenous counterparts. Often lacking
adequate healthcare and information, they are more likely to get
diseases such as malaria, tuberculosis
Forty seven percent of all Indigenous peoples in employment have no
formal education. This number is even wider for women.
5. INDIGENOUS WOMEN ARE MORE LIKELY TO SUFFER
DISCRIMINATION AND VIOLENCE
More than one in three Indigenous women have been sexually
assaulted, and they also have higher rates of maternal mortality, teen
pregnancy, and sexually transmitted diseases.

8. 10 things to know about indigenous peoples
6. INDIGENOUS PEOPLES OFTEN DON'T CONTROL THEIR OWN LANDS Although some Indigenous peoples are self-
governing many still come under the ultimate
authority of central governments who control
their lands and resources.
7. INDIGENOUS COMMUNITIES LEAD ON PROTECTING THE
ENVIRONMENT
Indigenous peoples are inheritors and practitioners of unique cultures
and ways of living. Nearly 70 million depend on forests for their
livelihoods, and many more are farmers, hunter gatherers or
pastoralists.
8. INDIGENOUS PEOPLES ARE FIGHTING CLIMATE CHANGE EVERY DAY Indigenous communities’ contribution to fighting climate change are
far greater than previously thought. Their forestlands store at least
one quarter of all above-ground tropical forest carbon – about 55
trillion metric tons.
9. INDIGENOUS PEOPLES ARE KEY TO THE 2030 AGENDA FOR
SUSTAINABLE DEVELOPMENT
From protecting the environment and tackling inequality, to ensuring
peace and security, the Sustainable Development Goals won’t be
achieved without Indigenous peoples. The United Nations General
Assembly has asked countries to emphasize their rights when
implementing the 2030 Agenda.
10. THE UN DECLARATION WON’T SUCCEED WITHOUT THE SUPPORT
OF PEOPLE EVERYWHERE
The UNDRIP is a milestone in solidarity with
Indigenous peoples and the global community.
However, there are significant gaps between the
formal recognition of Indigenous rights and the
reality. Since its adoption in in 2007

9. SPIRIT OF THE IPRA
"An act to recognize, protect and promote
the rights of Indigenous cultural
communities/indigenous peoples, creating a
National Commission of Indigenous Peoples,
establishing funds therefor, and for other"

10. SPIRIT OF THE IPRA

11. SALIENT FEATURES OF IP RIGHTS
1. RIGHT TO ANCESTRAL DOMAIN
2. RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
3. RIGHT TO SOCIAL JUSTICE AND HUMAN RIGHT
4. RIGHT TO CULTURAL INTEGRITY
• CREATION OF NCIP
• QUASI-JUDICIAL POWER

12. 1. Right to Ancestral Domain
• Ownership
• Development & manage land & natural resources
• Stay in territories
• Rights in case of displacement
• Regulate entry of migrants
• Claim reservation
• Right to safe & clear air & water
• Resolve conflict through customary law
• To transfer ancestral land
• To redeem ancestral land lost through violated consent
(note: AD/L are beyond the scope of the regalian doctrine (jura regalia)

13. TEDURAY, LAMBANGIAN ANCESTRAL DOMAIN CLAIM (TLADC) with an estimated 201,000plus hectares

14. 309,720 hectares perimeter area (215,941 plus
93,779 coastal water)-total IP ancestral domain claim
within mainland BARMM (Maguindanao and LDS
122, 914--IP Population among 12 Municipalities in
the Bangsamoro core territory.
18,135-- households
21--------- Tribal affiliations
12 Municipalities
1. Ampatuan
2. Datu Abdullah Sangki
3. Datu Blah Sinsuat
4. Datu Hoffer Ampatuan
5. Datu Odin Sinsuat
6. Datu Saudi Ampatuan
7. Datu unsay
8. Guindulungan
9. Talayan
10. South Upi
11. Upi
12. Wao-Lanao Del Sur

15. PROGRAM OF NCIP
• Ancestral Domain/Land Recognition • Assistance to Ancestral Domain
Sustainable Development and Protection
Plan (ADSDPP) Formulation
• Culturally Appropriate Responsive and Gender-
Sensitive Socio-Economic And Ecology Development
Protection Services
• Gender and Rights-based Services
• IP Education and Advocacy Services • IP Rights Advocacy and Monitoring of
Treaty Obligations
• IP CULTURE SERVICES • Legal Services
• IP Health Services • Adjudication Services

16. POINTS TO PONDER

17. POINTS TO PONDER
REAGALIAN DOCTRINE NATIVE TITLE
All lands of the public domain, waters, mineral, coal,
petroleum, and other mineral oils, all forces of potential
energy, fisheries, forest or timber, wildlife, flora and fauna,
and other natural resources are owned by the state.
The state, subject to the provisions of this constitution and
national development policies and programs, shall protect
the rights of indigenous peoples cultural communities to
their ancestral lands to ensure their economic, social and
cultural well-being.
The congress may provide for the applicability of customary
laws governing property rights or relations in determining
the ownership and extent of ancestral domain.
( sec 5, article XII, Phil Consti)
NATIVE TITLE
Refers to pre-conquest rights to land and domain which, as far back as memory reaches, have been held under
a claim of private ownership by ICCs/IPs, have never been public land and thus indisputably presumed to have
been held that way since before the Spanish conquest
(par. 1, sec 3, RA 8371)

18. SIMILARITIES OF IPRA with UN Policies
• SELF-DETERMINATION
• INDIVIDUAL & COLLECTIVE RIGHTS
• LAND & RESOURCES
• IDENTITY & UNIQUE INSTITUTIONS, CULTURE AND PRACTICES
• DEVELOPMENT IN THEIR OWN ASPIRATION AND AT THEIR OWN PACE
• NON-DISCRIMINATION
• SOCIAL RIGHTS
• ECONOMIC RIGHTS
• POLITICAL RIGHTS
• CULTURAL RIGHTS
• CIVIL RIGHTS

19. KARAPATAN NG MGA KATUTUBO
(IndigenousPeoples’ Rights)
Pagmamay-ari ng mga Lugar na banal at
pinagkukunan ng kabuhayan at lahat ng mga
kaakibat na pagpapaunlad sa mga ito.
(rights of ownership
Paunlarin ang mga lupa at likas na yaman (rights to develop land and natural resources)
Panatili sa lupang sakop. rights to stay in their territories)
Lumahok sa pagpapasya para sa kaunlaran at ibat ibang
isyu
Right to participate in decision-making)
Laban sa diskriminasyon at pantay na oportunidad at
pagtrato
Freedom from discrimination and right to equal
opportunity and treatment
Pagpapayaman ng sariling kultura at tradisyon (right to religious and cultural sites and ceremonies,
as well as intellectual rights)
Pagmamay-ari at pagpapanatili ng pag-unlad ng
intelektwal na Karapatan
(right to Indigenous knowledge system and
practices and to develop their own sciences
and technology)

20. KARAPATAN NG MGA KATUTUBO
(Indigenous Peoples’ Rights)
• Pagsali sa pamamahala para sa malinis na tubig at hangin
(right to safe and clean air and water)
• Pagsasaayos ng pagpasok ng mga dayuhan sa luaping sakop
(right to regulate the entry of migrants)
• Maglipat o magtubos ng pagmamay-ari ng lupain at ari-arian
(right to transfer or redeem land and other properties)
• Magresolba ng mga alitan ayon sa sariling kultura at tradisyon
(right to resolve conflict in accordance with their culture and tradition)

22. 2. RIGHT TO SELF-GOVERNANCE
AND EMPOWERMENT
• Freely pursue economic, social & cultural well being
• Free Prior informed consent in use of resources therein
• use commonly accepted justice system/conflict
resolution institutions/peace building
processes/customary laws
• Participate in decision-making that may affect them
• Mandatory representation in policy making bodies & local
legislative councils
• Determine their own priorities
• Granted means to fully develop their institutions and
initiatives

23. 2. RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT
 Rights to self-gov & self-determination; integrity of values, practice
and institutions
 Support for autonomous region;
 Right to use own commonly accepted justice systems, peace
building processes, conflict resolution institutions;
 Right to participate in decision-making
 Right to determine & decide priorities for development
 Right to constitute tribal barangay in accordance with LGC
 Recognition of the role of peoples organizations

24. 3. Right to Social Justice & Human Rights
• Equal protection & non-
discrimination
• Rights during armed conflict
• Equal opportunity & treatment
• Basic services
• Protection to women, children
and youth
• Integrated system of education

25. 3. Right to Social Justice & Human Rights (Sec 21-28)
Rights to equal protection & non-discrimination
Rights during armed conflict
Freedom from discrimination & right to equal protection
Right to employment
Right to basic social services
Rights of indigenous women
Rights of Indigenous children & youth

26. 4. Right to Cultural Integrity
• Right to preserve & protect their culture traditions & institutions
• Equal access to various cultural opportunities
• Right to the restitution of cultural, intellectual religious & spiritual property taken without their FPIC or in
violation of their laws, tradition and customs
• Protection of culture , traditions and institutions. These must be considered in the formulation and application
of national plans and policies
• Access to cultural opportunities
• Recognition of cultural diversity
• Practice & revitalize their customs & traditions & the state must protect manifestation thereof
• Religious, cultural site & ceremonies
• Funds for archeological & historical sites
• Ownership and recognition of cultural and intellectual rights (IKSP)
• Right to a sustainable agro-techno development
• Right ton receive funds earmarked or allocated for management & preservation of historical sites and artifacts

27. 4. Right to Cultural Integrity
NATIVE TITLE (CADT) CUSTOMARY LAWS
Refers to pre-conquest rights to lands and
domains which, as far back as memory
reaches, have been held under acclaim of
private ownership by Ips, have never been
public land and are thus indisputably
presumed to have been held that way since
before the Spanish conquest (section 31,
Chap 3, IPRA)
Refers to a body of written and/or unwritten
rules, usages, customs and practices
traditionally and continually recognized,
accepted and observed by respective
ICCs/Ips (section 3 (F), Chapter II)

28. 4. Right to Cultural Integrity
ANCESTRAL DOMAINS DEFINED
(section 3, (a), Chapter II)
ANCESTRAL LAND DEFINED
(Section 3 (b), Chapter II)
 All areas generally belonging to ICCs/Ips held under a
claim of ownership, occupied and possessed
 By themselves or through their ancestors
 Communally or individually since time immemorial
 Continuously to the present
 Necessary to ensure their economic, social and cultural
welfare
 It includes:
 Ancestral lands
 Forest
 Pasture
 Residential
 agricultural
 Hunting grounds
 Burial grounds
 Worship areas
 Bodies of water
 Minerals & other natural resources
 Land occupied possessed and utilized and clans who
are members of the ICC/IP since time immemorial
 By themselves or through their predecessors in interest
 Under claims of individual or traditional group
ownership
 Continuously up to the present
 Except when interrupted by:
 Force majeure or displacement by force
 Deceit
 Stealth
 As a consequence of government project and other
dealing between government and private corporations

29. 4. Right to Cultural Integrity
Indigenous Knowledge System and
Practices
(IKSP)
Indigenous Political
System
(IPS)
Free Prior Inform Consent
(FPIC)
 Refer to knowledge, innovation
practices, institutions, mechanism
and technologies of the IPs that
evolved/developed through time
as they relate to their natural and
human environment, within or
outside their AD.
 Direct & indirect responses &
adaptive coping mechanism for
survival
 indigenous arts, values, beefs,
rituals, law, local language,
agricultural practices, political
system, environment protection,
sustainable rsource use, health
practices, education & learning
system & knowledge on flora and
fauna
 Refer to organizational &
cultural leadership system,
institution, relationship,
patterns and processes for
decision-making and
participation, identified by
Ips such as but not limited
to, council of elders,
council of timuay, bodong
holders, or any other
tribunal of body of similar
nature
The consensus of all
members of the ICCs/Ips to
be determined in accordance
with their respective
customary laws and practices
free from any external
manipulation, interference
and coercion, and obtained
after fully disclosing the
intent & scope of the
activity, in a language &
process understandable to
the community
Ex. Rituals, diyaga Ex. Timuay justice and governance Ex. Research work and activities (BOL-ARTICLE XIII-
REGIONAL ECONOMY AND PATRIMONY

31. Protection of the rights of the indigenous
peoples in the Bangsamoro in accordance with
the United Nations Declaration on the Rights
of Indigenous Peoples and taking into
account, in addition to economic and
geographical criteria, their individual and
communal property rights, cultural integrity,
customary beliefs, and historical and
community traditions.
one of the points of disagreement is the pluralizing in a government
version: substituting “domains” for “domain.”

32. IP Provision in the Bangsamoro Organic Law
R.A 110ANGSAMORO 45 OR THE ORGANIC LAW FOR THE
BANGSAMORO AUTONOMOUS REGION OG MUSLIM MINDANAO
SIGNED JULY 27, 2018

33. P R E A M B L E (BOL)
Imploring the ais of Almighty God, in recognition pf the aspirations of the Bangsamoro people
and other inhabitants in the autonomous region in Muslim Mindanao to establish an enduring
peace in the basis of justice, balance society and asserting their rights to conserve and
develop their patrimony, reflective of their system of life as prescribed by their faith, in
harmony with their customary laws, cultures and traditions, within the framework of the
Constitution and the national sovereignity as well as territorial integrity of the Republic of the
Philippines, and the accepted principles of human rights, liberty, justice, democracy, and the
norms and standards of international law, and affirming their distinct historical identity and
birthright to their ancestral homeland and their right to chart their political future through a
democratic process that will secure their identity and posterity, and allow genuine and
meaningful self-governance, the Filipino people, by the Congress of the Philippines, do hereby
ordain and promulgate this Organic Law for the Bangsamoro Autonomous Region in Muslim
Mindanao.

35. ARTICLE II- BANGSAMORO IDENTITY (BOL)
Section 1. Bangsamoro People. - Those who, at the
advent of the Spanish colonization, were considered
natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands, whether of mixed or
full blood, shall have the right identity themselves, their
spouses and descendants, as Bangsamoro.

36. Section 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.
Section 10. Freedom of Choice. The freedom of choice of all
people within the Bangsamoro Autonomous Region shall be
respected. Indigenous peoples shall have the freedom to retain
their distinct indigenous and ethic identity in addition to their
Bangsamoro political identity. There shall be no discrimination on
the basis of identity, religion, and ethnicity.
ARTICLE IV-GENERAL PRINCIPLE AND POLICIES (BOL)

37. ARTICLE V-POWERS OF GOVERNMENT (BOL)
Section 2. Powers of the Bangsamoro Government
(d) Ancestral domain and natural resources;
(q) Customary laws;
(r) Development programs and laws for women, labor, the youth,
the elderly, the differently-abled , and indigenous peoples;
(w) Eminent domain
(ee) Human rights;
(ff) Indigenous peoples' rights;

39. ARTICLE VII- BANGSAMORO GOVERNMENT
Section 7. Classification and Allocation of Seats
(c) Reserved Seats and Sectoral Representatives. - Reserved seats
and sectoral representatives shall constitute at least ten percent
(10%) of the members of the Parliament, which shall include two
(2) reserved seats each for non-Moro indigenous peoples and
settler communities. Women, youth, traditional leaders, and the
Ulama shall have one sectoral seat each: Provided, That the
reserved seats and sectoral; representatives shall in no case be
less that eight (8) seats.

40. ARTICLE VII- BANGSAMORO GOVERNMENT
Section 8. Election for Reserved Seats for Non-Moro Indigenous People. such as Teduary,
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.

41. ARTICLE IX- BASIC RIGHTS
Section 3. Indigenous People 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

42. ARTICLE IX- BASIC RIGHTS
The Bangsamoro Government shall create a ministry for indigenous peoples and shall 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 (UNDRIP) and the United Nations Declaration on Human Rights (UNDHR),
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."

43. ARTICLE IX- BASIC RIGHTS
Section 4. Customary Rights and Traditions. - The customs, beliefs, and
traditions of the Bangsamoro people are hereby recognized, protected, and
guaranteed.
The parliament shall adopt measures to ensure mutual respect and protection
of the distinct beliefs, customs, and traditions of the Bangsamoro people and
the other inhabitants in the Bangsamoro Autonomous Region.
Section 5. Religious Freedom. The Bangsamoro Government shall guarantee
religious freedom and the free exercise thereof pursuant to the Constitution,
national laws, and principles of international law.

44. ARTICLE IX- BASIC RIGHTS
Section 6. Human Rights. - The Bangsamoro Government shall fully
respect human rights.
Section 7. Bangsamoro Human Rights Commission. - There is hereby
created a Bangsamoro Human Rights Commission. The
chairperson and two (2) commisioners of the Commission shall
be appointed by the President upon recommendation of the
Chief Minister.

45. ARTICLE X- BANGSAMORO JUSTICE SYSTEM
Section 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.
Section 18. Office for Traditional or Tribal System. - There is hereby created an Office for
Tribal Justice System that shall be responsible for overseeing the study, preservation, and
development of the tribal justice system within the Bangsamoro Autonomous Region. The
powers and functions of the Office for Tribal Justice System shall be defined by the
Parliament.

46. ARTICLE XIII-REGIONAL ECONOMY AND PATRIMONY
Section 12. Rights of Indigenous People to Natural Resources. - The Parliament shall enact a
law recognizing the rights of indigenous peoples in the Bangsamoro Autonomous Region in
relation to natural resources within the areas covered by a native title, including their share in
revenues as provided in this Organic Law, and priority rights in the exploration, development,
and utilization of such natural resources within their area.
The right of indigenous peoples to free, prior and informed consent (FPIC) in relation to
development initiatives and exploration, development, and utilization of the natural resources
within the ancestral domains covered by Certificate of Ancestral Domain Title shall be
respected.

47. ARTICLE XVI-BANGSAMORO TRANSITION AUTHORITY
Section 8. Interim Cabinet. The Interim Cabinet shall be
composed of fifteen (15) primary ministries with
suboffices, namely:
(g) Indigenous Peoples' Affairs;(7)

48. SUMMARY AND CONCLUSION
 NATIONAL LAW ON THE RIGHTS OF IPS REINFORCES INTERNATIONAL
STANDARDS ON HUMAN RIGHTS.
 INDIGENOUS PEOPLES RIGHTS ARE HUMAN RIGHTS.
 IPS RIGHTS ARE GUARANTEED IN NATIONAL POLICIES.
 IPRA an IP HUMAN RIGHTS (PEACE, SECURITY, ANTI-DISCRIMINATORY AND
DEVELOPMENT) FRAMEWORK.
 IPRA AND IP HUMAN RIGHTS POLICING FRAMEWORK.
 PEACE AND ORDER UNSTABLE WITH NON-RESPECT AND RECOGNITION
OF IP HUMAN RIGHTS THAT AFFECTS POLICING LAW ENFORCEMENT &
OTHER POLICE ACITVITIES.

49. SHUKRAN
Fiyo Bagi,
Meuyag!!