KêtindêgISSN 2345-8461 Volume 2 Issue 6 * July, 2013 * 20pages An official publication of the IPDEV Project, Empowering Indigenous Peoples in the Autonomous Region in Muslim Mindanao

WHAT’S INSIDE? 3 - Finding ways to fill the gap 6 - Exposure to traditional conflict management 9 - Empowerment in laws and para-legal awareness 10 - Kansad Gadung: The spirit of self-governance 12 - FYI: Get to know better your IP neighbor 13 - Born out of a bitter past 16 - Racing against hope 17 - The Tana Tupo of the Dulangan-Manobo

Development Consultants Inc. D E V C O N THIS PROJECT IS SUPPORTED Recognition of the Rights of the Indigenous Peoples in the Autonomous Region in Muslim Mindanao for BY THE EUROPEAN UNION Empowerment and Sustainable Development (IPDEV) is a project implemented by the consortium: Konrad Adenauer Stiftung e.V., Institute for Autonomy and Governance (IAG) and DEVCON Development Consultants Inc. Kêtindêg, in Teduray roughly means standing up for something, making Table Battle and Ball one be seen and be felt among the many. The word is not far from the of Yarn Exercise in Cebuano, Tagalog or steps to empower Finding variations of tindog, tindig and tindeg respectively. It is a fitting title fora regular publication that attempts to indigenous peoples capture the experiences gathered in this journey of recognizing the (IPs)? rights of the in the ARMM. ways to fill With this issue, we would like to thank everyone supporting the ” project’s aims, and acknowledge those who are always striving to “ make IPDEV as fruitful, meaningful the gap and sustainable as possible. You make IPDEV a continously inspiring project.

Fiyo teresang!

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TEXTS & VISUAL CONCEPTS: ROMMEL G. REBOLLIDO IN COORDINATION WITH IPDEV 3 MILESTONES May – June 2013 May 30, 2013 June 10-13, 2013 June 17-18, 2013 June 18, 2013 Trainings on Timuay Justice & 5th Project Sounding Board Exposure Trip to Kansad Exposure Trip to Exposure Trip to Pamulaan & EVENTS Governance, Needs-specific Para- Meeting Gadung (Malacañang of Compostela Valley (IP College, University of Legal Training the IPs) Province (IP Self-Governance) Southeastern )

challenging work of imparting ideas and enhancing skills to nearly 3,000 targetted indigenous peoples from 80 barangays of the Autonomous Region in Muslims Mindanao (ARMM). The training course aimed at forming indigenous peoples organizations consist of four modules: IP Leadership, IP Conflict Management, Organizational Management and Rights-based Approach. DEVCON trainors started conducting the trainings in June 2013 in the 23 barangays of Upi and six barangays of town, both in Maguindanao province. One trainor has this to say, “Food and fitness? They may just be metaphors in our work of feeding people with of conflict settlement. About 45 In the ensuing training sessions, generations are unaware of that story ideas, knowledge and skills.” barangays are knowledgeable of the many IP communities reaffirmed of leaders Amil and Ado due to the Indeed, it can just be that in this IP settlement process but are already the formation of indigenous peoples ensuing developments in Mindanao urgent need to fill an open gap that practicing a mix of the mainstream organizations as a means to advance and changes in society, until it became for years marginalized and put at a and traditional systems. their struggle for recognition and part of the IPs historical injustices. “TABLE Battle” and “Ball of Yarn disadvantage indigenous peoples and An overwhelming 65 barangays development. In several barangays, the story of Mamalu and Tabunaway took some Exercise” in steps to empower their communities. showed they are aware of their rights After learning of their rights as IPs twist. In 27 barangays, it has been indigenous peoples (IP)? A reality gap check on IP leadership although many appeared reluctant and the traditional practices of other to advance or promote them. All tribes, many IP communities value passed to several generations that The terms may trigger images revealed that out of the 80 barangays Tabunaway is a female while 43 of food-munching individuals and identified for training, some 56 have the barangays of Upi and the formation of Fenuwo and tribal towns in Maguindanao have claimed councils as a means to restore and barangays shared their knowledge people working out in a gym, but, Fenuwo or tribal council and 14 of of the history that Tabunaway and these actually have nothing to do with these are not functional. Also, some significant knowledge of their rights strengthen their traditional system of as IPs. governance. Mamalu are brothers and Tabunaway eating or physical fitness. 24 IP barangays have not established opted to embrace Islam. Worth to note is that about 43 or The sessions allowed a venue to tell Among community workers in their traditional village structure. In 10 barangays, they heard the IPDEV, especially trainors from the On IP conflict settlement, only 21 half of the targetted barangays have the story of Mamalu and Tabunaway, story for the first time, when told Development Consultants (DEVCON), barangays are adherent to traditional already been reached by the issue a portion of Mindanao’s history that during training. these are essentially demonstrative settlement. Five barangays have no on the Framework Agreement on the was never given prominence. That given, food and fitness should training methods they use in that significant knowledge of the IP way . Many IPs among the younger not just be metaphors after all. 4 5 n

June 20, 2013 July 2013 July 2013 July 12, 2013 July 2013 July 2013 Exposure Trip to Don Training Courses on Launch and Pretest of Identification of Trainings on Free Prior Orientations on IP Bosco BioDynamic Peoples’ Organizations Empowerment and Sustainable Sacred Places and Informed Consent Mandatory Farms Development Monitoring Tool Representatives

The simulation on marital infidelity HANDY TOOL. A modern way of imparting knowledge, showed the more traditional way of participants to trainings on tribal conflict settlement case settlement. The processes and view a video of the traditional Tiyawan. principles went as follows: - The husband-complainant went Exposure to to the Kefeduwan (tribal justice) to complain that his wife was having an affair with another man. - After receiving the complain, the Kefeduwan made an investigation Traditional for a probable cause. After probable cause was established, he scheduled a Tiyawan proper or actual case settlement to the parties. He did not Conflict allow the respondents to appear during the Tiyawan to avoid a possible confrontation. He first oriented the parties to the case as his introduction. Management First, he listened to is the side of the complainant, then both the parents of the respondents. “WITH our faith as indigenous people, traditional conflict management and Kefedewan” (Orientation on Tribal In the argumentation, all possible we need not fear what lies ahead.” tribal justice, a program launched by Justice Work). He explained that details have been exhausted. Lobbying Such declared Supreme Justice IPDEV. Kéfédéwan (tribal justice) work is (Fagilidan) Domingo Olubalang as he In that training activity, leaders only one of three branches of Timuay stated, “Am more than 70 years old and their “secondliners” from the Justice and Governance work. The now. My days are numbered. It is my Higaonon, Teduray, Lambangian and two others are Council of Chieftains commitment to be a light and guide to Dulangan-Manobo went through or Mintéd sa Ingéd and departmental the tribe to stand up. I will serve until field coaching and exposure trips, work or Kasarigan. my last days.” tackling issues aimed at strengthening A simulation of a Tiyawan (conflict The Fagilidan was among indigenous self-governance and settlement) was conducted with participants who shared and learned justice systems. two groups performing on two most from experiences of other indigenous Timuay Labi Sannie Bello talked common cases - land boundary peoples and communities on about “Oryentasyon ng Gawaing conflict and marital infidelity. 6 7 July 2013 July 19, 2013 July 31, 2013 Training on Campaign Advocacy Courtesy briefing with Philippine Army 6th Partnership with HEART/BHRN (Humanitarian Management Infantry Division commander, Major General Emergency Action Response Team - Romeo Gapuz Bangsamoro Human Rights Network) in ARMM Empowerment in laws and para-legal awareness ALLOWING them to have adequate and sharing by experts, the training having “very limited knowledge” skills, ideas and ability to tackle para- course also tackled such topics as about the IPRA. Many of the terms by all parties have been considered. legal issues, select groups among the the Indigenous Peoples Rights Act mentioned in the law were strange to After weighing the arguments indigenous peoples from 80 barangays (IPRA); Legal Processes (Prosesong them. presented, the Kefeduwan asked the case, voluntarily agreeing means the seemed to have went well, it was in the Autonomous Region in Muslim Legal); Investigation (Imbistigasyon); They were eager to have in their complaining party on what could ‘broken feelings’ – which is the core of noticed that Tiyawan only involved Mindanao underwent training on Documentation (Dokumentasyon); town the mandatory representatives be their demand. The demand was conflict, has already been patched-up. one Kefeduwan who acted as judge need-specific para-legal concerns. Evidence (Ebidensiya); in the barangays and municipality and to double the dowry which is two The agreed final judgment include kefeduwan. The parties did not have The trainings were done to 152 Justice System (Katarungang be provided with basic social services carabaos, two horses, and 5,000 a bundle of: double-the-dowry, a counsel on each side. No ‘binuwaya’ individuals identified from among the Pambarangay); and Traditional Justice by government. pesos in cash. The Kefeduwan then that the child shall be at father’s (metaphor) was used. Binuwaya was Teduray, Lambangian, Higaonon and System. Most Lambangian and Dulangan- asks the party of the respondents on side, and PhP 1,000 as ‘tantangan’ to spare the parties from harsh terms Dulangan-Manobo. Also trained were It is worth to note during the training Manobo participants, on the other what they can say about the demand. for the respondents to shake hands and insults. 16 IP leaders, or four from each tribe. sessions that IP leaders training have hand, appeared to have limited The respondents’ party argued that with the complainant - as a sign Higaonon Rodolfo Linsagan Participants were given orientation shown relative knowledge about IPRA. knowledge of IP rights. Paralegalism they incurred huge expenses during of acceptance to the agreement. A commented that the TJG Tiyawan on para-legal work, law and para- The biggest concern they have was proved educational and helpful to the regal wedding party and sought to written agreement was signed by the process and principles are just similar legalism, process of court order, how the recent land-grabbing by armed them. have the “double-the-dowry” demand parties and Kefeduwan along with the to that of the Higaonon tribe. He to document, how to investigate and groups and they fear such violence Many among the Teduray have to already include the liabilities to conduct of a ‘Tulak’ (ritual) to sanctify was happy and inspired to witness how to make a simple fact sheet and will go on. shown good knowledge about IP their lone child. the agreement. indigenous justice system still being affidavit. Among the Higaonon and other IPs rights even as Paralegalism provided Both the parties agreed. In such As to the simulated settlement practiced. Done in a mix of lecture, workshop from Wao, , admitted them helpful insights. 8 9 KANSAD GADUNG is considered the “Malacanang of the IPs” as it is the Teduray-Lambangian Seat of Kansad Gadung: Governance. It is perched some 1,200 meters above sea level along the slopes of The spirit of Mt. Fakal in Maguindanao. Amid the woods and foliage, the Timuay Justice Hall is the prominent main building in a cluster of wooden structures that self-governance was built by Tedurays for about a decade, from 1990-2010. A Lambangian on his first visit to the

place, described his trip to Kansad Gadung as “Never easy! We walked for one day and then we rode a motorcycle over muddy slippery road. The motorcycle crashed three times but thanks God we were not hurt. I’m so happy to reach Kansad Gadung. I never thought I could reach this far and historic place that I just used to hear from stories of my parents.” What makes it different from the usual seat of governance many would know is that the structure was built to last and made sacred by the energy and spirit of those who put it all together, a struggling, persevering yet cheerful people. 10 11 THE TIMUAY JUSTICE AND GOVERNANCE

the Timuay Justice and Governance, a system that has been effectively F Y I applied among mostly Teduray communities. Born out of a Kansad Gadung has been described as the Malacanang of the IPs in ARMM. Timuay Labi Sannie Bello, who spoke on the TJG, said it was not easy Get to know bitter past for the leaders then in coming out with the TJG, but the difficulties they went through strengthened and gave better your IP PART of a continuing training better resolve to the system that has among indigenous peoples (IP) in guided many Fenuwos (traditional the Autonomous Region in Muslim tribal villages) in self-governance. Mindanao (ARMM), a group of “The TJG was born out of a bitter neighbor about 80 leaders from the Higaonon, past, yet, it came out strong and Dulangan-Manobo, Lambangian, dependable in our daily quest for self- and Teduray trekked and gathered at preservation and governance,” the Kansad Gadung for an exposure to Supreme Chief pointed out.

THE Indigenous Peoples (IP) within are about 122,914 individuals in 122,914 total IP population (2013). the core territory of the ARMM are 18,135 IP households presently The IPs’ ancestral territory in predominantly residing in the towns residing in 80 barangays (villages) mainland ARMM spans a total of Ampatuan, , of the aforementioned 12 towns. perimeter area of 215,941 hectares Datu Blah Sinsuat, Datu Hoffer While the Teduray, Lambangian, (plus 93,779 hectares. coastal waters). Ampatuan, Datu OdinSinsuat, Datu and Dulangan Manobo tribes The territory straddles over the Saudi Ampatuan, Datu Odin Sinsuat, claim ancestral origin to this vast present towns of Upi, South Upi, Datu Datu Saudi Ampatuan, , territory, there are also other Odin Sinsuat, and Datu Blah Sinsuat in , South Upi, , IP individuals and families who Maguindanao and also includes parts of Guindulungan, Talayan, Shariff Upi, all in Maguindanao and the town migrated to these towns from nearby Aguak, Ampatuan, and . of Wao in Lanao del Sur. provinces and have established Collectively referred as the TLAMADC These IPs are mainly Tedurays, their economic activities, livelihood (Teduray, Lambangian, Dulangan Lambangian, and Dulangan Manobo sources, and residence in the area. Manobo Ancestral Domain Claim), it folks whose ancestors have lived and The recent survey indicates the comprises the Ancestral Territories of established a way of life defining presence of the other 18 “migrant the three major IP communities in the their uniquely meaningful, rich, and IP groups” in the 12 municipalities. core territory of the Bangsamoro and persistent life since time immemorial. Overall, the constitutive IP tribal these are Teduray (277,677 hectares), Based on a 2013 survey affiliations in the territory already Lambangian (25,967 hectares), and conducted by the IPDEV, there indicate 21 tribes comprising the Dulangan Manobo (6,075 hectares) 12 13 In the ensuing discussions, Bello projects put up; positions on peace to self-determination and may just mainstream “BLGU tribal councils” bachelor neighbor. explained the principles of TJG negotiation between the government be used as vehicle for development which they termed as “half-baked.” It was proven during the Tiyawan which include: Closeness and Good (GPH) and Moro Islamic Liberation aggression. Datu Obing of the Dulangan-Manobo process, where the husband, wife and Strengthening Relationship with Nature; Collective Front, including the Framework What if the BMAG position of sought help from the experienced TJG the bachelor were present, that the Leadership; Communal Ownership of Agreement on the Bangsamoro. TJG is not achieved? Mrs. Cornelio in their tribal governance and justice husband was wrong and that no affair of Dyaga (tribal Everything in the Community; Equal On the discussion on governance, retorted that continuing grassroots as they are like “a child needing a existed. The Fagilidan ordered the defense) is also Status of Every Human in the Society; Mrs. Cornelio, an organizer of TJG, organizing shall educate people not to helping hand from an adult.” husband to pay the fine of one horse Peace of Mind as Basis of Justice explained that TJG’s main position be fooled nor attracted by deceptive Highlight of the exposure trip was and P500 each to the wife and the one vital option and Development; and Progressive is the assertion of Bangsa-Mamalu development aggression promises. the simulation of a Tiyawan (conflict bachelor, and cheerfully reconciled – to defend lands Pluralism. Autonomous Governance (BMAG). Strengthening of Dyaga (tribal defense) settlement) that was performed by the parties involved “with smiles and The Timuay Labi took chance to She said the BMAG concept is is also one vital option – to defend members of the Fagilidan (Supreme handshakes.” against armed deliver his report on the “State of genuinely indigenous in form and in lands against armed landgrabbers. Justice Council) and selected Higaonon Rodolfo Linsagan landgrabbers. the TJG” where he enumerated the substance – as against the proposed Learning about the Fenuwos, the Dulangan-Manobo and Lambangian commented that the TJG Tiyawan expanse of areas reached and covered Rajah Mamalu Province or IPs province Lambangian leaders bared that their participants. process and principles are just similar by TJG as well as the communities by some mainstream-oriented IP communities have not yet been The simulation case was about to that of the Higaonon tribe. He where Fenuwos have been established leaders. reached by TJG organizing. the ‘dignity’ of housewife whose was happy and inspired to witness and consolidated. IP leaders fear that the IPs province The Lambangian said they prefer pregnancy was doubted by the indigenous justice system still being He also talked about the various concept will run counter to the right the TJG and not be dominated by husband as a result of an affair with a practiced. “” 14 15 Yet, as the commission gears NCIP says it is at a curious to address the IP concerns in the juncture as to the future of IPs in region, it points out on the following Mindanao once the Bangsamoro challenges: The ‘TANA TUPO’ (a) It may take a year or less for basic law is in place. the Bangasamoro basic law to be fully implemented in identified areas in Mindanao. This small window of opportunity might not be sufficient of the Dulangan- for the NCIP to fully attain its target in delineating ancestral domain in Racing the ARMM, taking into consideration boundary conflicts, political entity Manobo interventions, and complaints and cases that may arise during the delineation process; (b) For one, the limitation of its against budget and shortness of technical personnel to conduct survey activities might hamper the processing of CADT /CALT applications; (c) Tasking is one problem. The A Dulangan Manobo in Commission has to identify what NCIP hope Tubak, Ampatuan, 2013 region or regions will implement the program. If not feasible, composite DESPITE the more than a hundred on IPs in the ARMM has given IP team or a task force must be created thousand Indigenous Peoples leaders more resolve to work things by the commission to deal with residing since time immemorial in on their own even as they remain the gargantuan tasks. Whatever the Autonomous Region in Muslim hopeful that proper authorities will arrangement is made, some on- Mindanao (ARMM), the Indigenous look their way in days to come. going tasks and programs in other Peoples’ Rights Act (IPRA) is deemed January 9, 2013, a legal opinion areas and regions must be sacrificed not applicable in the region due to its by NCIP Legal Affairs Office, to accommodate the urgency of the autonomy under the ARMM Organic acknowledged that NCIP has “a small ARMM targets; Act or Republic Act 9054. margin of, opportunity to extend its (d) Legal challenges are not Adding to the IPs’ woes, the National helping hand to the IPs before the farfetched. Third parties who may be Commission on Indigenous Peoples (Bangsamoro) basic law comes full affected by the ongoing delineation (NCIP) did not devolve in the ARMM. circle. NCIP can do a lot of things that are expected to file cases in the courts That means no NCIP in the ARMM to are within its authority and financial to challenge our authority in extending take care of IP matters, like securing IP and technical capacity to pursue plans our jurisdiction over the ARMM areas. rights, settling disputes and processing and programs for the protection and Though we truly believe that there are ancestral domain claims within the recognition of the rights the IPs in no legal impediments in doing so, we region. the ARMM while preparations for the cannot stop affected parties to raise The seeming neglect by government Bangsamoro framework is underway.” questions in the proper fora. 16 17 “WE live with our Tana Tupo. Our The Tana Tupo is basically the adopted their own ancestral in a series of consultation among people can be nothing without it.” ancestral domain or the natural domain sustainable development community members. Kap Kadingilan, a Dulangan-Manobo habitat of the Dulangan Manobo since and protection plan (ADSDPP), an In adopting their ADSDPP, Tubak The Tana Tupo is leader, said the Tana Tupo is the only time immemorial. instrument formulated by the IP residents said they now have a good thing they can leave for their children That natural habitat spreads 6,075 community, listing their own policies, fighting chance in asserting their basically the ancestral when they die. hectares of mountains, rivers, forests mechanisms and strategies for rights as IPs and for their children to MONUMENT. IP children turn into “Our children must have the proper and fertile valleys which is life to the domain or the natural the sustainable management and get the proper education. a playground what remains of an education so that they can protect and Dulangan Manobo folks. development of all resources within obviously over a century-old tree Many Dulangan Manobo elders habitat of the Dulangan preserve our Tana Tupo,” remarked But, like most indigenous the domain, to include cultural and toppled and cut for its commercial Kadingillan, who is barangay captain communities, that of the Dulangan human resources. believe their children must have the value, a sordid reminder of how Manobo since time of Tubak, Ampatuan in Maguindanao Manobo have their own troubles. Aided by IPDEV, the Dulangan proper education “so that they can vulnerable IP communities are to immemorial. province. They are being regarded as an intruder Manobo ADSDPP was put together protect and preserve our Tana Tupo.” exploitation and intrution. Tubak is a remote mountain village to what is suppose to be their own by inhabited by almost a thousand a Manila-based timber company. mostly indigenous Dulangan-Manobo With that, they seemingly face a and Teduray folks that rely mainly on stiff uphill battle in asserting what ” the land, river and the forests around rightfully and traditionally belongs to them for their daily subsistence, them. “ a practice handed to them for Pinning their hopes on their generations in which they refer to as Tana Tupo, the Dulangan-Manobo Tana Tupo. community on May 4, 2013, formally

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