TEDURAY-LAMBANGIAN POSITION PAPER ON GRP-MILF PEACE TALKS

POSITION PAPER, AGENDA AND DEMANDS OF THE NON-ISLAMIZED INDOGENOUS PEOPLES (LUMAD) OF ARMM AND PORTIONS OF SULTAN KUDARAT PROVINCE ON THE GRP – MILF NEGOTIATIONS

[Editor’s note: This position paper in support to the GRP-MILF Peace Talks was formulated and signed by fifty one Officers and Council of Elders of the Organization of Teduray, Lambangian and Dulangen-Manubo Conference (OTLAC) and was conferred and affirmed by around two thousand tribal members in a general assembly held for the purpose at the Municipal Gymnasium of the Municipality of Upi, Maguindanao on November 19, 2010]

We, the Non-Islamized Indigenous Peoples (LUMAD) of Autonomous Region in Muslim Mindanao (ARMM) and portion of Sultan Kudarat Province have convened our selves to formulate a Position Paper, Agenda and Demands relative to the forthcoming GRP-MILF Peace Negotiations on Bangsamoro Homeland and Bangsamoro Juridical Entity (BJE) under the new administration of the Republic of the Philippines; His Excellency President Benigno Semion Cojuangco Aquino III;

That as indigenous inhabitants of ARMM and Sultan Kudarat Province, the issue on Bangsamoro Homeland and Bangsamoro Juridical Entity clearly and adversely affect our distinct historic rights to ancestral domains/lands and territories;

That as indigenous peoples’ whose rights to ancestral territory and culture have been recognized, promoted and protected by the 1987 constitution, existing national statutes enacted by congress and international instruments, we strongly feel that our position will facilitate the resolution of the long decade Mindanao problems with the resumption of the GRP-MILF peace talks;

And now, the new Administration of the Republic of the Philippines under the leadership of His Excellency President Benigno Semion Cojuangco Aquino III opens the portal to winning lasting peace in Mindanao through peace negotiations. He reiterated that the peace process is for the people and should be by all Filipinos. He enjoins every Filipinos, the general citizenry, the private sectors, the Lumads, the Moro and all stakeholders to be actively involved in the peace process. The Filipinos have long been shacked not only by violence, but also by the insecurity, cynicism and paralysis that arises from violence, he added.

On this basis, we the Non-Islamized Indigenous Peoples (LUMAD) of ARMM and portion of Sultan Kudarat Province have agreed among ourselves to present the following as our consistent positions, agenda and demands on the GRP-MILF peace negotiations on Bangsamoro Homeland and Bangsamoro Juridical Entity. Our stand therefore on the issue of ancestral domains, resources, territory and governance stated as follows:

A. Affirm and recognize traditional peace agreements between Apu Mamalu and Apu Tabunaway executed through the traditional PEACE PACT known as Tampuda hu Balagen, Safa, Pakang, Diyandi and other cultural processes (estimated by many scholars that took place between 1450 – 1475A.D). This incident led to the historical separations of the two brothers and their followers and then sealed with SAFA (PACT) with conditions summarized as follows: 1. Respect and recognition of one’s Territory, Systems of Self-Governance and Justice Systems; 2. The continuing and non-Limit Circulation of the means and livelihood and the sawit System or gift among communities; 3. Respect and recognition of ones customs, tradition and culture; 4. Unity against common enemy and 5. Lifetime treatment as brothers and sisters including the generations to come.

1. On Ancestral Domains

For the moment, the Tribes had laid claims to our ancestral domains covering the estimated land area of 289,268 Hectares comprising the municipalities of Upi, South Upi, Ampatuan, Shariff Aguak, Datu Unsay, Datu Saudi, Guindulongan, Talayan, Datu Odin and Datu Blah of the province of Maguindanao and portion of Esperanza, Lebak, Bagumbayan, Senator Ninoy Aquino, Kalamansig and Palimbang of Sultan Kudarat province and portions of Cotabato City (PC-HILL- Pedro Camfilo Kolina down to Datar Selongon – ORC now Daubab – Esteros and Tamuntaka now). Note: Indigenous Peoples Rights Act (IPRA Law) RA#8371 of 1997 is not yet implemented in ARMM.

2. On the Political Territory

Consistent with our principle of peaceful co-existence, we recognize and support a broader territory for the Bangsa Moro shall recognized the Teduray, Lambangian and Dulangan Manubo territory within the Bangsa Moro Nation. It is also the desire of the tribes stated above to be at liberty to practice and promote our cultural identity by way of actual implementation of tribal and customary laws through the commonly accepted Tribal Governance.

3. On the Resources

The rights of the Teduray, Lambangian and Dulangan Manubo Tribes in matters of the exploration, exploitation and Use of natural resources that maybe found within our ancestral domains shall be upheld and respected for the purpose of ensuring ecological, environment protection and the conservation measures pursuant to national and customary laws. The tribes shall have priority rights in the utilization and management of all numeral resources to include strategic minerals and forestry resources.

4. On Governance

As earlier stated, the Tribes shall conform to any type or form of governance that maybe agreed upon and mutually adopted, hence its is also the desire of the Tribes to have equal opportunities and representation in all levels of governance from local to the regional level, side by side with our Muslim brothers and sisters. Provided, that in the territory identified by the Tribes their rights to rule and govern must be pursued, implemented, recognized and respected vis-à-vis their Bangsa Moro Nation. In the case of Federal System, our Tribal Based Self-Governance shall converge with other Tribal Based Self-Governance outside ARMM to form a single state.

5. Independent Indigenous Peoples’ Peace Panel – ARMM (IPPA)

Both GRP and MILF must recognize and provide technical and financial support for the creation of Independent Indigenous Peoples’ Peace Negotiating Panel as legitimate body to represent the major issues and concerns of the Indigenous Peoples/Indigenous Cultural Communities. This si a local mechanism who has the authority to talk to both parties (GRP-MILF) with regards to the above mentioned position, agenda and demands.

B. Establish effective mechanism to promote and protect the historic rights of the Indigenous Peoples/Indigenous Cultural Communities based on Native Titles through the execution of Memorandum of Agreements/Treaties with Indigenous Peoples/Indigenous Cultural Communities.

Therefore, based on the above positions, agenda and demands, we hereby agree to support the peace talks between GRP and MILF and we call on both parties to give due attention and consideration to the above positions and demands to ensure that our distinct rights are recognized and respected.

CONCLUSION

We fully recognize and respect the existence of our Maguindanao brothers and sisters in their owned identified territory and those that are lawfully resettled in our own communities. On this basis, WE AFFIRM our strong commitment to the Apu Mamalu and Apu Tabunaway PEACE PACT and formulate guidelines on setting modern conflicts between the Non-Islamized Indigenous Peoples (Lumad) in the Autonomous Region in Muslim Mindanao (ARMM) and in the portion of Sultan Kudarat Province not only in our areas cluster but throughout Mindanao. Our position paper, agenda and demands is an expression of our serious support to the forthcoming peace negotiations of the GRP and MILF until its conclusion. This position is an expression of our active participation on the ground level to be considered in the process of the negotiation.

And above all, WE PRAY that any political decisions for political change the application of the statutes must not above and beyond human beings. Any use of the laws should not divorce from its social context.