(by Rockrock Antequisa, PDA, ECOWEB)
In the Philippines, traditional attire is a symbol of ethnic identity. Most indigenous group have attires with elaborate distinctive combination of colors. It is unusual to see indigenous peoples in one ancestral domain to wear different colors of traditional attire during a big gathering. But this was the scene in a major gathering held in Canangaan, Cabanglasan, Bukidnon province on June 26 to 30, 2023.
“The scene of indigenous peoples’ wearing different attires in an occasion underscores the relevance of the event, it could be a commonly celebrated festival or a conflict resolution process between two tribes,” said a Manobo staff member of the IP-Resilience project team.
Photo 1:
Manobo and Umajamnon leaders sitting side by side during the boundary conflict resolution process initiated by the two regional offices of the National Commission on Indigenous Peoples (NCIP) with full support by the IP Resilience project implemented by ECOWEB and Help – Hilfe zur Selbsthilfe e.V. with funding from the BMZ and ADH.
The gathering was participated by Manobo and Umajamnon tribeswomen and men mostly leaders of their respective communities. The Manobos wear predominantly red attire while the Umajamnons wear blue, a stark visible difference, but they speak in almost comprehensible dialects and they share common stories and beliefs. Now, they claim the same territory, a situation that could mean conflict or the reaffirmation of a common bond that dates back time immemorial.
The gathering was a major conflict mitigation initiative initiated by the two regional offices of the National Commission on Indigenous Peoples (NCIP) of Caraga and Northern Mindanao and fully supported by the IP-Resilience Project, implemented by the Ecosystems Work for Essential Benefits (ECOWEB), Inc. in partnership with Help – Hilfe zur Selbsthilfe e.V. and with funding support from the Federal Ministry for Economic Cooperation and Development (BMZ) and Aktion Deutschland Hilft (ADH).
The IP Resilience Project
The Indigenous Peoples Resilience Building Project (IPR Project) aims to contribute to the socio-economic resilience and self-determination of indigenous peoples (IPs) in Caraga Region. The IP’s that the project aims to support belongs to the Manobo tribe in the ancestral domains in the municipalities of Loreto and La Paz, all in Agusan del Sur. These ancestral domains are already issued with Certificate of Ancestral Domain Titles (CADT) following the requirements and procedures under the Indigenous Peoples Rights Act (IPRA) of 1997. The ancestral domains of Loreto and La Paz are titled under CADT-090 and CADT-117 respectively.
One of the target outcomes of the IPR Project is to enable Indigenous Political Structure (IPS) of IP communities to manage their ancestral domains effectively, engage with government agencies and NGOs, respond to disaster risks, and contribute to climate change adaptation.
The strengthening of the IPS of CADT-117 commenced in April with support of the IPR Project in collaboration with the local team of the NCIP. The conduct of genealogical surveys to clarify membership of the IPS is an ongoing process with technical assistance from the NCIP’s Caraga regional and provincial offices. NCIP Caraga regional office then requested ECOWEB IPR project’s assistance to help address the overlapping claim of an Umjamnon’s tribe with the CADT-117.
The Northern Mindanao NCIP regional office informed the NCIP Caraga about the estimated overlap of about 10,000 hectares of the Umajamnon tribe’s application for CADT with the Manobo tribe’s CADT-117 that encompasses 60,000 hectares. The information elicited varied reaction from the members of the IPS of CADT-117. Some suspect that it’s a possible land grab, others think that it’s a case of wrong determination of boundary. Fortunately, all believe that the leaders of the two tribes should settle the dispute as soon as possible. The delay in the settlement will also delay the consolidation process of the IPS of CADT-117 because of the possibility of Umjamnon’s presence within CADT-117 domain, that would imply their necessary representation in the IPS.
Seeing the urgency of the issue, the two regional directors of the NCIP decided to call a joint meeting and planned for an immediate action: a joint community validation and facilitation of a dialogue between representatives of the two tribes. The NCIP’s problem was the lack of funds for this inter-regional endeavor promoting the NCIP Caraga regional office to request support from the ECOWEB IPR project.
Boundary conflict resolution
The boundary conflict resolution was a combination of traditional and legal processes. The 3-day process was opened by a program hosted by NCIP and the ECOWEB IPR Team. In the opening program, the director of NCIP Caraga region briefed the 130 participants on the process while the other director, who is also a lawyer, briefed about the legal bases and implications of the activity and its expected outputs.
“The purpose of this gathering is to find an acceptable, culturally-sensitive, and legally binding solution to the current situation. We need to hear each other’s story and recognize each other’s rights,” said Director Ordonio P. Rocero, Jr. of NCIP Caraga Region during his opening remarks. “We have more in common than differences, the tribes have the same intent of protecting and preserving your ancestral domains for the future generation. There is no reason that we cannot agree on common grounds,” the director emphasized in his message.
“We have two references in finding the truth and arriving at an agreed solution: our customs and traditions, and existing laws, primarily the Indigenous Peoples Rights Act,” explained lawyer and Director Ana Burgos of NCIP Northern Mindanao Region. “If we adhere to these building blocks, I am confident that we can find the terms of agreement that can solidify the bonds of the two tribes and better protect your ancestral domains.”
After the opening program, two main processes were undertaken: 1) the historical narration and indicative mapping of the Umajamnon claim and juxtaposing it with the delineated and survey boundaries of CADT-117, and 2) the conduct of genealogical survey to establish the identity and validity of the claimants as required by IPRA.
Photo 2:
Umajamnon community representative sketching the indicative map of their claimed ancestral domain with the regional director of NCIP Northern Mindanao, Atty. Leslie Plaza, guiding them.
In the first main activity, the Umajamnon representative explained the historical basis and described their self-delineated boundaries. The Umajamnon leaders explained that their current claim is the traditional territory of the Umajamnons since time immemorial and the boundaries they described were the ones told and retold to them by their ancestors. They said that their territory became part of the provinces of Agusan del Sur and the province of Bukidnon. Their history made their tribe to have strong kinship ties with the Manobos of La Paz.
“Sometime in the mid-1990’s until the early 2000’s our domain became the scene of the sporadic battles between the Philippine Army and the communist-led New Peoples’ Army (NPA) forcing us to evacuate towards the safer areas of Cabanglasan in Bukidnon province,” an elder explained.
When the Manobos of La Paz started asserting their rights in the late 1990’s, the Umajamnons were mostly living in Bukidnon. It was only about 10 years ago that they started returning to their original places. Some of them remain in Cabanglasan along the Pataron Mountain range. It was the Umajamnons living in Cabanglasan who filed their ancestral domain claim two years ago. When the NCIP projected their territorial claim in the agency’s control maps, it was found out that the claim was within the titled ancestral domain under CADT-117. It was also at this point that it was clarified that the delineated boundary of CADT-117 includes some portion of the municipality of Cabanglasan.
To clarify the process, the NCIP team asked the Umajamnons to sketch their indicative map showing identified boundaries, and landmarks. The elders with the aid of some youth, deftly sketched the rivers, mountains and other landmarks showing their familiarity with their domain. The indicative map was also examined by the Manobo elders who affirmed that the areas were outside their tribe’s domain. Amazingly, the elders of both tribes easily identified the rivers and the landmarks in the indicative map.
Photo 3:
Umajamnon and Manobo representatives identify their traditional boundaries in an indicative map jointly prepared by them.
The second main activity identified the clans, the families, and mapped their genealogies. The two-day process established that there are 19 clans who occupied and claimed portion of the ancestral domain. It was also established that the clans have their roots from Bukidnon and Agusan Manobo communities particularly from La Paz in Agusan del Sur. The historical narratives of the elders also mentioned of pacts between the Umajamnons and the Manobos. The NCIP and ECOWEB teams who facilitated the genealogical survey found that the clans are closely linked by affinity and consanguinity with the Manobo clans.
The historical mapping exercise was participated by both Umajamnon and Manobo men and women elders. The narratives of the two tribes affirmed the historic ties of their communities. In the last decades, they also share similar experience of being displaced by big logging companies and the intermittent armed confrontation between the Philippine Army and the NPA. The two tribes also shared similar experience of asserting their rights and control of their domain despite their limited knowledge and available laws favorable for their cause.
“The Umajamnons claim for CADT is but another episode of their long struggle for their land and cultural rights,” explained Charis Nida Boligor, the IPS Capacity Building Officer of ECOWEB’s IP Resilience Project. “This struggle is nothing different from what the Manobos waged. The main difference is that the Manobo already won their CADT while the Umajamnons are still trying to secure theirs.”
“There is a potential conflict because the Umajamnons could accuse the Manobos of legally grabbing their domain, which is a major risk,” explained Cedric de Venancio, the Ancestral Domain Development and Land Rights Officer (ADD-LRO) of the HELP-supported IP-Resilience project, “however, it could also be viewed positively because what the Umajamnons intend to claim is already titled which means, it’s already secured for them. The challenge is how the two tribes could make an acceptable arrangement in effectively governing and managing the ancestral domain titled under CADT-117.”
The Conflict Resolution
After three days of extensive discussions and negotiations, the Datu (Chieftain) of the Umajamnon, presented their position. The Chieftain re-iterated that they want to self-govern and manage their CADT within the titled domain under CADT-117 through their own Indigenous Political Structure (IPS). The Chieftain was thankful that their domain is already titled even if it was not under the name of their tribe, however, they requested the IPS of CADT-117 and the NCIP to respect their rights over their domain included in the CADT-117.
The Umajamnons proposal is a difficult one for the NCIP because of the dominant practice of having one IPS for every domain covered by one CADT. While the IPRA is silent on this, internal problems in IPS with members coming from several communities or tribes has been rising, to some extent paralyzing them. This is also happening in other IP communities where ECOWEB is working.
Photo 4:
The Umajamnon leaders and community representatives discussed their position and decision on the situation where their ancestral land is already titled by the Manobo tribe under CADT-117.
After the presentation of the Umajamnons’ proposal, the representatives of the Manobos responded and supported the Umajamnons’ proposal.
“We never intend to grab the ancestral lands of the Umajamnons. We only wanted to title what is ours,” the Manobo Datu declare. “We want to give them the full rights to govern and manage their ancestral lands. We fully respect and recognize their IPS to govern portion of CADT-117. We support their request to NCIP.”
Photo 5:
Manobo and Umajamnon leaders during the dialogue to decide for an acceptable, culturally-sensitive, and legally binding arrangement with the representative of the Manobo tribe who titled their ancestral domain under CADT-117.
The NCIP surveyors confirmed that the areas identified by the Umajamnons and confirmed by the Manobos were all within the bounds of CADT-117 and titled in the name of the Manobo tribes. Portions of titled ancestral domains could be segregated and separately titled but it entails cost and a long process.
After discussing the matter, the two NCIP regional directors with their team supported the proposal. “The domain you are claiming is already titled but not under your name and you want to govern and manage it in accordance with your customs and traditions,” Director Rocero of the Caraga region said. “The Manobos of Agusan who titled the domain under CADT-117 duly recognized your rights over your ancestral domains. The IPRA does not say that there should only be one IPS within an ancestral domain, it only says that ancestral domains should be manage by IPS and that boundary conflict should be resolved by the IPs among themselves using their conflict resolution procedures. Upon hearing the position of the Umajamnons and the affirmative support of the Manobos, we in the NCIP believe that you have resolved your conflict by having two IPS of two different tribes in one titled ancestral domain.”
A happy ending
Two colors of attires in one gathering, two tribes resolving a potential conflict that arise out of their aspirations to protect and preserve their ancestral domains. Two potential outcome: an inter-tribe conflict or a peaceful resolution for stronger inter-tribal unity.
The Umajamnons and the Manobos chose unity in diversity.
“Among indigenous peoples, building resilience is not just about building their capacity to reduce disaster risk and mitigate the impact of climate change,” says Niel Gozales, the IPR’s DRR-CCA Officer. “Preventing conflict and building their capacity to resolve conflict peacefully is an important element of the task of building their resilience. This is an important social aspect of building community resilience,”
Photo 6:
The concluding and thanksgiving ritual for the peaceful resolution of the boundary and governance conflict between Umajamnon and Manobo tribes in the ancestral domain under CADT-117.
The NCIP went beyond their practice of having one IPS in one titled ancestral domain. The IP Resilience project was able to provide a venue where key stakeholder could resolve their conflicts in accordance with customs and traditions.
The final agreement for land conflict resolution between thw two tribes was sealed by a ritual officiated by Balians from the two tribes. The ritual is a practice and shared by both tribes. The IP leaders, NCIP Officials and staff, and ECOWEB staff attended the ritual full of jubilation and hope in their hearts.
