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Article IV

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

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

(ff) indigenous peoples’ rights

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Article VI Article VII

SEC. 9. Council of Leaders. – There shall be a Council SEC. 8. Election for Reserved Seats for Non-
of Leaders that shall advise the Chief Minister on Moro Indigenous Peoples. – Notwithstanding the
matters of governance in the Bangsamoro Autonomous immediately preceding sections, reserved seats for
Region. It shall consist of the following members: non-Moro indigenous peoples, such as Teduray,
Lambangian, Dulangan Manobo, B’laan, and
(a) Chief Minister as head of the council; Higaonon, shall adhere to their customary laws and
indigenous processes based on the following:
(b) Members of the Congress of the Philippines
from the Bangsamoro Autonomous Region;
(a) Primacy of customary laws and practices;
(c) Provincial governors, and mayors of chartered
cities in the Bangsamoro Autonomous Region; (b) Primacy of consensus building;

(d) Representatives of traditional leaders, non- (c) Acceptability to the community;


Moro indigenous communities, women,
settler communities, the Ulama, youth, and (d) Inclusivity and full participation;
Bangsamoro communities outside of the
Bangsamoro Autonomous Region; and (e) Representation of the collective interests and
aspirations of non-Moro indigenous peoples;
(e) Representatives of other sectors.
(f) Sustainability and strengthening of indigenous
The mechanism of representation and number of political structures; (g) Track record and capability;
representatives in paragraphs (d) and (e) shall be and
determined by the Parliament. The representation
of the non-Moro indigenous communities shall be (h) Gender equality.
pursuant to their customary laws and indigenous
processes.

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(c) Justice systems and indigenous political
structures;
Article IX
(d) Equitable share in revenues from the utilization
SEC. 1. Transitional Justice. – The Bangsamoro of resources in their ancestral lands;
Parliament, taking into account the report of the
Transitional Justice and Reconciliation Commission, (e) Free, prior and informed consent;
shall enact a transitional justice mechanism to address
the legitimate grievances of the Bangsamoro people and (f) Political participation in the Bangsamoro
the indigenous peoples, such as historical injustices, Government including reserved seats for the non-
human rights violations, and marginalization through Moro indigenous peoples in the Parliament;
unjust dispossession of territorial and proprietary
rights and customary land tenure. (g) Basic services; and

SEC. 2. Reparation for Unjust Dispossession. – The (h) Freedom of choice as to their identity.
Parliament shall enact laws providing for adequate
reparation to the Bangsamoro people affected by unjust The Bangsamoro Government shall create a ministry
dispossession of territorial and proprietary rights or for indigenous peoples and shall have the primary
customary land tenure, which may include payment responsibility to formulate and implement policies,
of just compensation to and relocation of such people. plans, and programs to promote the well-being of all
No land title issued by the National Government under indigenous peoples in the Bangsamoro Autonomous
the Torrens System shall be invalidated. Region in recognition of their ancestral domain as well
as their rights thereto.
SEC.3. Indigenous Peoples’ Rights. – The
Bangsamoro Government recognizes the rights of the Any measure enacted by the Parliament shall in no
indigenous peoples and shall adopt measures for the way diminish the rights and privileges granted to
promotion and protection of the following rights: indigenous peoples by virtue of the United Nations
Declaration of the Rights of Indigenous Peoples and
(a) Native titles or fusaka inged; the United Nations Declaration on Human Rights,
and other laws pertaining to indigenous peoples in
(b) Indigenous customs and traditions; the Bangsamoro Autonomous Region.

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This Organic Law shall not in any manner diminish Shari’ah or Islamic law forms part of the Islamic
the rights and benefits of the non- Moro indigenous tradition derived from religious precepts of Islam,
peoples in the Bangsamoro Autonomous Region under particularly the Qur’an and Sunnah.
the Constitution, national laws, particularly Republic
Act No. 8371, otherwise known as the “Indigenous Shari’ah shall apply exclusively to cases involving
Peoples’ rights Act of 1997”. 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.
SEC. 19. Tribal University System. – The
Parliament shall create a tribal university system in The traditional or tribal laws shall be applicable to
the Bangsamoro Autonomous Region to address the disputes of indigenous peoples within the Bangsamoro
higher educational needs of the non-Moro indigenous Autonomous Region.
peoples.
The provisions of this Article shall not prejudice the
The Parliament shall pass a law to recognize and rights of non-Muslims and non- indigenous peoples.
support the indigenous peoples’ educational system
for its integration in the Bangsamoro educational
system.
SEC. 17. Traditional or Tribal Justice Systems.
– The Parliament shall enact laws to promote and
Article X support the traditional or tribal justice systems that
are appropriate for the indigenous peoples.
SEC. 1. Justice System in the Bangsamoro. – The
Bangsamoro justice system shall be administered in The indigenous peoples shall have the right to use
accordance with the unique cultural and historical their own commonly accepted justice systems, conflict
heritage of the Bangsamoro. resolution institutions, peace building processes or
The dispensation of justice in the Bangsamoro mechanisms, and other customary laws and practices
Autonomous Region shall be in consonance with the within their respective communities and as may be
Constitution, Shari’ah, traditional or tribal laws, and compatible with the national legal system and with
other relevant laws. internationally recognized human rights

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The traditional justice systems are the mechanisms to (c) Trade, Investments, and Tourism;
determine, settle, and decide controversies and enforce
decisions involving disputes between members of the (d) Labor and Employment;
indigenous peoples concerned in accordance with the
customary laws of these communities. (e) Transportation and Communications;

(f) Basic, Higher and Technical Education;


Article XII
(g) Indigenous Peoples’ Affairs;
SEC. 36. Share of Indigenous Communities. –
Indigenous peoples and communities shall have an (h) Health;
equitable share of the revenues generated from the
exploration, development, and utilization of natural (i) Public Works;
resources that are found within the territories covered
by a native, traditional, or customary title in their (j) Local Government;
favor, which shall be provided by a law to be passed by
the Parliament detailing the sharing mechanism and (k) Environment, Natural Resources, and Energy;
percentages: Provided, That the rights and privileges
granted to indigenous peoples by Republic Act No. (l) Human Settlements and Development;
8371 and other laws pertaining to indigenous peoples
shall not be diminished. (m) Science and Technology;

(n) Agriculture, Fisheries, and Agrarian Reform;


Article XVI and

SEC. 8. Interim Cabinet. - The Interim Cabinet shall (o) Public Order and Safety.
be composed of fifteen (15) primary ministries with
sub-offices, namely: Other offices on youth, women, settler communities,
disaster risk reduction and management, and planning
(a) Finance, and Budget and Management; and development, among others, may be created by
the Bangsamoro Transition Authority.
(b) Social Services;

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