Proposed Alternative Provisions on the Bangsamoro Basic Law

Presented by Timuay Santos M. Unsad, the vice Supreme Chieftain of the Timuay Justice and Governance, the indigenous political
structure of the Teduray and Lambangian tribes in Maguindanao to the members of adhoc committee on the Bangsamoro Basic Law of
the House of Representatives in Nuro municipal gymnasium, Nuro, Upi, Maguindanao on October 22, 2014.
Good afternoon members of the adhoc committee on the Bangsamoro Basic Law. We propose some
provisions on some articles and we propose deletion and/or addition in other articles.
On Article XI, Section 1 on Bangsamoro identity, we propose that the definition of the identity of
indigenous peoples shall refer to all indigenous cultural communities and indigenous peoples defined
under the Indigenous Peoples Rights Act.
On Article 3, Bangsamoro territory, ancestral domains of indigenous peoples shall be recognized and
respected in accordance with the provisions of the Indigenous Peoples Rights Act, UNDRIP and other
international instruments.
On Article 9, Section 5 on indigenous peoples rights, we propose that Indigenous Peoples Rights are
human, inalienable and collective rights, non-derogable and guaranteed and defined by and under IPRA
and UNDRIP. IPRA shall continue to be in full force and effect. No legislations enacted by the
Bangsamoro Parliament shall have the effect of derogating IP rights, guaranteed by the Philippine
Constitution as expressed under IPRA.
On the provision of non-derogation clause, we propose that nothing in this basic law shall diminish or
undermine any and all rights and benefits already possessed and enjoyed by Indigenous Peoples under
the Constitution, statutes, customary laws, and international law.
On governance, we propose that during the period that Congress is deliberating BBL, period prior to
the ratification of the BBL and during the transition period, in order to give full force and effect of IPRA,
the NCIP shall implement IPRA in the ancestral domains of the Tedurays, Lambangian, Dulangan-
Manobo.
On Sec. 30, Art. V Exclusive Powers, we propose an addition that a law passed by Parliament provided
that said law is in accordance with IPRA and, subject to Art. X Sec. 20 of the Philippine Constitution.
Further, during the bicameral deliberations and during the transition period, IPRA remains effective
and the NCIP is the implementing agency.
On Sec. 27, customary laws if referring to customary laws of IPs we propose to add provided that
customary justice system of Indigenous Peoples shall be recognized and respected in accordance with
Indigenous Peoples Rights Act (IPRA).
On Sec. 29, we propose that ancestral domain and natural resources provided that ancestral domains
of Indigenous Peoples shall be recognized and respected in accordance with the provisions of the
Indigenous Peoples Rights Act, UNDRIP and other international instruments.
Sec. 39, Customary justice if referring to IP justice system we propose to add provided that
customary justice system of Indigenous Peoples shall be recognized and respected in accordance with
Indigenous Peoples Rights Act (IPRA).
Sec. 38 on Bangsamoro Settlements , we propose to add if it falls within ancestral domains, IP rights
should be recognized and respected in accordance with Indigenous Peoples Rights Act (IPRA).
Sec. 57 Add to last sentence provided that Indigenous Peoples rights shall be recognized and
respected in accordance with Indigenous Peoples Rights Act (IPRA).
Section 4, other exclusive powers, we propose to add subject to Art. X Sec. 20 of the Philippine
Constitution.
On judicial affirmation of titles, we propose that IPRA has different options for ancestral lands so we
propose for deletion of the provision in paragraph D of Section 4 which is on judicial affirmation.
On reserve seats, we propose that reserve seats per sector must be deleted because indigenous
peoples are not sectors. They are peoples and so we propose that allot at least 2 reserve seats as
representatives of the following indigenous peoples but not limited to the Teduray, Lambangian,
Dulangan-Manobo.
In intergovernmental relations, we propose to add Sec 1.a Relationship between Indigenous Peoples and
Bangsamoro People shall be defined by equality between peoples guided by mutual respect and
peaceful co-existence.
In cases of derogation of rights of Indigenous Peoples, the mechanisms provided in the IPRA shall
prevail.
On Bangsamoro Justice System, we propose under Sec. 24, Office for Traditional/Tribal Justice System,
we propose to add responsible for the delivery of financial, technical, legal and other institutional
support to the tribal justice system.
On normalization, this is care of to the position paper that we are going to submit. And on the plebiscite,
this is also care of to the position paper that we are going to submit.
(excerpts from the Position Paper on the H.B. 4994 Formally Submitted on October 22, 2014 entitled Full
Inclusion of the Rights of Indigenous Peoples in the Proposed Bangsamoro Basic Law on normalization and
plebiscite- propose that a short timeframe for the decommissioning of firearms of the MILF provided in
the CAB be set in the BBL and it should be well before the information campaign and the plebiscite
ratifying the BBL to ensure that the votes garnered in said ratification plebiscite are the free and voluntary
acts of the Bangsamoro's proposed constituents. For even if the IPRA proposals are successfully adopted
in the BBL draft, the proliferation of high-powered firearms operate to defeat the aspirations of all
indigenous peoples, as demonstrated by their struggle for the passage of IPRA, of obtaining prosperity
through peaceful co-existence and mutual respect between the diversity of peoples that is the true
character of Mindanao and the true heritage of the Filipino people.

Thank you. Maraming salamat. Fiyo bagi.