Datu Migketay Victorino L Saway (Talaandig), secretary-general of Panagtagbo on the International Law Perspective on the Right to Self-determination (@ 4rth MPPM, Basilan)
- I do not need to cite the local and international laws, policies and instruments that speak about the rights of peoples to self-determination because the speakers ahead of me have substantially discussed the legal framework of those rights.
On indigenous peoples an identity, IPs or Katawhang Lumad refers with people with distinct cultural identity and aspirations. The unique cultures of these peoples provide them identity in all aspect of life such as social, economic, political, spiritual, territorial or environmental aspects. Identity is something that cannot be taken away from the IPs because it is the only basis of their recognition, survival and growth. Without a unique culture, the IPs cannot be distinguished from other people of the world.
The distinction of the IPs from other people includes their beliefs and religion, indigenous knowledge system, language, leadership and customary laws, economic system, security and defense system. These elements of culture define their relationship to land and territory.
The struggle of the IPs towards self-determination is based on their culture and identity.
Indigenous peoples who have lost their cultural identity also lost the foundation of their struggle for self-determination.
Without a cultural self, the IPs can be manipulated or exploited by other people who have vested economic and political interests.
What are the IPs’ perspectives for self-determination?
The IPs has self-determination if they are able to decide freely for themselves without pressure or influence from other people or institution.
IPs has self-determination if they have control over the authority and power that regulates the direction of their society. The element of the self is very important in the struggle for self-determination. The self provides the personality or being of the community.
The personality of ICCs rest with the personality and identity of their cultures. The culture binds the members of the indigenous community together. It is culture that provides the IPs the identity to be recognized, respected, protected and promoted by law. It is culture that provides the identity of the IPs development.
Development consultants do developments in our communities without consulting us, thus making us slaves to their demands.
The collective rights of the IPs to their ancestral lands and territories are culturally defined hence, self-determination of the IPs is achieved if their collective rights to lands are given significant attention and consideration.
When the IPs makes decision on the basis of their cultures, the external or colonial interferences and manipulations are minimized. By living with their cultures, the external or colonial interferences and manipulations are minimized. By living with their cultures, the IPs are able to pursue their aspirations with less constraints from manipulation of other groups of people.
What are the elements of self-determination?
The element of faith is important in the struggle for self-determination. IPs must have strong faith to their cultural self in order to gain self-determination.
The full knowledge of the cultural self is also important in the struggle for self-determination. IPs could not strongly assert for self-determination of they do not have full and sufficient knowledge of their cultural being.
Sufficient knowledge from the outside world could not guarantee self-determination of the IPs because the aspect of knowledge about the self is absent.
Customary governance is another important element of self-determination. Self-determination involves the capacity to decide and govern oneself or ones community.
It involves principle of self-government. Other people cannot simply define governance for the IPs nor formulate policies and laws that will be used by the IPs to govern themselves. This condition clearly defeats the meaning of self-determination.
Resources of the environment provide pillar to self determination. IPs cannot assert RSD if they are dependent from external economic forces and power. IPs cannot assert RSD if they are economically disabled or if their economic plans and programs are directed by external forces.
Security and protected is also an important element of RSD. If they are politically and physically weak, they cannot assert for RSD. This is the reason why indigenous cultures embody the elements of security and defense for the community.
The final element of RSD is territory. The territory provides space for the people’ culture to survive. The territory defines the space or extent through which RSD is exercised without adversely affecting or interrupting the rights of other people.
RSD must be holistic and integrated. The elements of RSD in ones culture cannot be replaced or substituted because people’s culture is holistic and integrated.
RSD cannot be achieved by an election by an election or referendum because people’s culture which is on the basis of self-determination cannot be determined by voting.
Self determination is related to freedom.
The element of freedom is also important in the struggle for RSD. RSD is achieved when people are free from external manipulations and control. People will not be able to exercise RSD if they are being manipulated and controlled by an external system. It cannot be achieved if they are not recognized and protected by law and if their economic, political, and spiritual systems are dominated by external influences.
The struggle for RSD has already gained recognition, respect, protection, and empowerment under the law. This is enshrined in the Philippine constitution abnd its implementation is provided under RA 8371 of 1997.
RSD is hardly achieved because many IPs have not yet liberated themselves from the bondage of colonial influences. Several members of the IPs remained disconnected, fully or partially, from their cultural identity and roots. Many IPs have preserved their connection to western colonial influences, They remained as an extensions and agents of western colonial interests that continued to destroy and isolate them from their cultural identity and roots.
The isolation or disconnections of IPs from their cultural roots are often enhanced by the models of development that government and non-government institutions continued to promote.
The enemies of RSD are:
-RSD fails when people are divided and successfully isolated from their cultural authority and sovereignty.
-RSD fails if the knowledge of the people about their cultural ways is limited or dominated by outsiders.
-RSD fails if people could not decide for themselves and their decisions are directed by external regulations.
-Fails if their economic resources is controlled and exploited bya foreign system.
-Fails if people can hardly protect themselves from external assaults and intrusions or when the people cannot manage the internal conflicts in the community.
-RSD fails if the people do not have control over their ancestral lands or territories and its resources.
-fails if the people remain to slaves or captives of a foreign system
-fails if the people have lost their faith, confidence, and trust to their cultural self and being.
-RSD is linked with their identity and culture. It identifies their significant relationships to the lands.
RSD exist if they are able to make cultural decisions and are able to exercise customary governance over their community and territory. It is achieved when the people are able to define their growth and development on the basis of their cultures and identity.
RSD is achieved when the people gain freedom from the external influences that controlled their aspirations and direction.
Importantly, it is imperative to know our selves first and know our cultures deeply.
Before the open forum, a participant named Sharon from SCC sang Bugsay for group dynamics to unfreeze participants.
Majib Hataman, Anak-Mindanao
He congratulated everyone. He apologized that he failed to welcome here in Basilan because he has numerous commitments.
I fought for RSD even in my younger days.
There is no peace in Mindanao if the peoples in Mindanao are disunited. We need to respect the interests of peoples. We need to recognize the rights of IPs and the Moro peoples right for right to self-determination. This is fought by our ancestors long ago.
Our country is a signatory of international covenants, but we spent blood and lives of people and yet peace remains a quest.
Until the government recognized Moro peoples’ right for RSD, peace is far. This is true to IPs, too. We also need to recognize that there are migrant settlers in Mindanao. All they need is to do is to recognize the historic rights of the Moro people and the indigenous peoples.
Laws are legislated not to discriminate women, gender relations but also of IPs and Moro people. But this is not approved in Congress.
Hataman cited experiences of discrimination of Prof. James Camlian.
The latter is a prominent Muslim teacher has a Christian wife and gave liberty to their children to choose their own religion. But when they wanted to purchase a house in a village in Cagayan de Oro, he received a call from real estate agent informing him that the village disallowed Muslim residents.
These are simple cases but this problem is not addressed by the government. Do we have rights (Moro) to struggle for RSD? Do IPs have their rights over their ancestral domain?
Moro and IPs treated as second citizens, why must we not allow them to decide for themselves.
There is a directive from DOJ to NBI that all Muslim who went to other countries must be investigated. Why must all we be blamed for bombing? I ask you to respect us. I ask Moro people to respect IPs rights. I also ask the Moro people to respect the majority migrant settlers in Mindanao if they do respect us too.
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