Everybody can now claim ancestral domain

A golfing buddy pointed out to me that nowadays, everybody seems to be claiming “ancestral domain.” It does seem to be that way after the hullabaloo created by the highly disputed Memorandum of Agreement on Ancestral Domains which triggered the bloody war in Mindanao. If you really think about it, “ancestral domain” could be loosely interpreted as land or territory inherited from ancestors – in which case everybody – Muslim or Christian – would be entitled to a piece of land in this country because most everyone would have logically descended from a “native” ancestor. And if that’s the case, where would that leave government with all lands considered ancestral – and therefore the private property of ethnic groups – and not part of “public domain?” 

The issue of ancestral land claims is not something that’s unique to the Philippines. In 1946, the United States established an “Indian Claims Commission” to settle disputes over land claims between the US government and native Indian tribes. Over the years, there have been more than 500 federally recognized tribal governments in the United States, with these tribes having the right to form their own government and laws but still subject to limitations imposed on the states. For instance, these tribes do not have the right to engage in war or in foreign relations or to make their own money.

In Hawaii, a rather tolerant attitude is being adopted by authorities over a group calling itself the “Hawaiian Kingdom Government” that has been calling for the dissolution of the State of Hawaii and wants to revoke land titles. In fact, they are even claiming the right to confiscate all bank assets in Hawaii. Hawaii has about 200,000 natives in a population of 1.3 million, and the group reportedly has 1,000 members.

Authorities seem to take the group’s activities in stride, reasoning out that their actions do not carry the “force of law,” leaving them to assemble as long as they do not engage in harassment of pedestrians or collect money. As a matter of fact, the group even issues its own license plates. A man claiming to be a descendant of the last king of Hawaii and who has been declared as the group’s “head of state” says they intend to oust the state government, declaring that they are there to “assume and resume what is already ours and what has always been ours.”

In the Philippines, there are more than 100 tribes of indigenous people such as the Itnegs, Bontoc and the Ibalois from the Cordilleras, the Ilongots, Itawis, Ivatans, Dumagats, Cuyunons, Tagbanua, Badjaos, B’laan, Manobo, Teduray, Maranao, Tausug and all those other ethnic groups from North to South. Just recently, members of the Indigenous Peoples or IPs in Mindanao, also known as the “lumads” – expressed their concern over the TRO-ed MOA on Ancestral Domains since it could affect their own ancestral territories. Obviously, they do not want their lands to be included in the proposed Bangsamoro Juridical Entity (BJE) without their knowledge and consent. The strong resistance from such indigenous groups only goes to show that any agreement on ancestral land claims cannot be done hastily or in secrecy. There are underlying issues, foremost of all would be the implication on the status of the people residing in areas which will be placed under the BJE.

Of course, it’s becoming quite clear that the MILF – and any armed group for that matter – should not be allowed to take over any land. In fact, they should not even be considered in the negotiations considering their belligerent attitude, saying they do not recognize the Supreme Court and the Temporary Restraining Order it issued on the MOA signing. Worse, they even refuse to hand over Kato, Bravo and other MILF commanders who have been murdering civilians and sowing terror in Mindanao, engaging in activities which are in clear violation of the laws of this country. If the MILF does not recognize the SC, then the government should not recognize them at all and instead, should finish them off.

In an opinion regarding a case on the rights of indigenous peoples, Justice Artemio Panganiban wrote that while “fundamental law mandates the protection of the indigenous cultural communities’ right to their ancestral lands… such mandate should be subject to the provisions of [the] Constitution.” He also pointed out that while social justice dictates that those who have less in life should have more in law, and that the poor, oppressed and disadvantaged should be accorded every benefit to “empower them to actually enjoy the blessings of nationhood,” this should not be tantamount to legitimizing “perpetual inequality of access to the nation’s wealth or to stamp the Court’s imprimatur on a law that offends and degrades the very authority of this Court – the Constitution of the Philippines... All Filipinos, whether indigenous or not, are subject to the Constitution. Indeed, no one is exempt from its all encompassing provisions.” 

Obviously, this MOA on ancestral domains has opened a can of worms. This is an issue that has been the subject of discussion not only in business groups but even among ordinary folks who fear the war in Mindanao could spill over to Metro Manila. I agree with Mar Roxas that the Supreme Court should come up with a ruling on the Constitutionality of the MOA regardless of the fact that its signing has been aborted. At the rate things are going, everybody can now claim a right to ancestral domain. If the MILF succeeds, we can expect even more chaos in the country with every other ethnic group expecting to be accorded the same kind of special concession and privilege.