The Bangsamoro Transition Authority (BTA) Parliament made a historic decision on Tuesday, December 10, by approving the Bangsamoro Indigenous Peoples Act (BIPA) of 2024 on its third and final reading. Garnering 63 votes in favor, with no objections or abstentions, the passage of this law represents a critical step towards addressing the long-standing marginalization and disenfranchisement of Indigenous Peoples (IPs) in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
Empowering Indigenous Communities
The BIPA introduces a comprehensive framework to protect and empower the Teduray, Lambangian, Dulangan Manobo, Erumanun Ne Menuvu, Higaonon, B’laan, Badjao, Sama Dilaut, Jama Mapun, Sama Bangingi, Sama Pangutaran, and other indigenous tribes in BARMM.
Central to the law is the recognition of IPs’ ancestral domain rights over lands, forests, rivers, and resources historically utilized by their communities, known as fusaka ingëd. It also establishes the Fusaka Ingëd Development Office (FIDO) under the Ministry of Indigenous Peoples’ Affairs (MIPA), which will oversee the socio-economic development of these territories.
“This law is more than just a policy; it is a recognition of the dignity and rights of the indigenous peoples who have been excluded for far too long,” said CIPA Chair Ramon Piang.
Other key features of the law include the creation of an Indigenous Peoples’ Council to amplify the voices of tribes in governance and provisions to improve access to education, healthcare, and employment opportunities.
Speaker Pangalian Balindong emphasized that the BIPA aligns with BARMM’s vision of an inclusive society where no group is left behind.
Unresolved Concerns of Non-Moro Indigenous Peoples
Despite its advancements, the BIPA has not addressed all concerns of Non-Moro Indigenous Peoples (NMIPs). One contentious provision still included in the law is the declaration of a Bangsamoro shared ancestral homeland. NMIPs had strongly recommended its removal, emphasizing that it undermines their distinct identity and their rights to ancestral domains.
Additionally, while the inclusion of NMIPs in the law’s definition of terms is seen as a welcome development, critics point out the lack of follow-through in other provisions. NMIPs are explicitly mentioned in only four sections of the BIPA:
- Section 20: Establishment of the Fusaka Ingëd Development Office.
- Section 28: Creation of Tribal Local Government Units (LGUs).
- Two provisions related to education.
The limited mention of NMIPs raises questions about the law’s ability to fully protect their rights. There is also a lack of clarity on how new mechanisms and institutions like FIDO and tribal LGUs will tangibly impact NMIPs and address their historical and ongoing marginalization.
Ongoing Struggles and Violence Against NMIPs
The passage of the BIPA comes amidst persistent challenges faced by NMIPs in BARMM, including systemic discrimination, displacement, and violence. Reports of targeted killings of IP leaders highlight the grave risks faced by these communities.
Advocates stress the urgency of providing protection and clarity on how the BIPA’s provisions will safeguard the rights of NMIPs. Without concrete implementation plans and additional mechanisms to address their specific needs, the law may fall short of ensuring justice and equality.
Hope Amid Challenges
While the approval of the BIPA marks significant progress in recognizing indigenous rights, its effectiveness will depend on robust implementation and the commitment to address NMIPs’ concerns. Indigenous leaders urge the Bangsamoro government to ensure the safety, security, and empowerment of NMIPs and to resolve outstanding issues surrounding ancestral domains and self-determination.
As BARMM continues its transition under the Bangsamoro Organic Law, the BIPA stands as a potential turning point. However, true progress will require addressing the deeper issues faced by Non-Moro Indigenous Peoples, whose struggles remain a critical challenge for the region’s inclusive governance goals.