Ancestral Domain and Peace in Mindanao
Ancestral Domain and Peace in Mindanao
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SPECIAL REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063
Ancestral Domain in
presidents of the United States and the Philippines and
the U.S. Department of State. Its mandate is to help
expedite the peace process in Mindanao. The project
Comparative Perspective
is guided by a group of senior advisors, many of whom
have served as U.S. ambassadors to the Philippines. The
Institute is committed to working with the Philippine
government, the Moro Islamic Liberation Front, and the
government of Malaysia to expedite and implement a
just and strong peace agreement in Mindanao.
This report synthesizes the presentations of participants
in a meeting in Davao City, Philippines, on May 24–27,
Summary
2005, sponsored by the United States Institute of • Ancestral domain—the territory, economic resources, and governance of minority
Peace. It was written by Astrid S. Tuminez,
ethnic groups and indigenous peoples—is the third and final item on the agenda for
senior research associate.
peace negotiations between the government of the Republic of the Philippines and
the Moro Islamic Liberation Front. The experiences of other minorities elsewhere in
the world can be instructive in formulating a stable and peaceful accommodation that
satisfies both parties.
The views expressed in this report do not necessarily • Native Americans in the United States, Maoris in New Zealand, Inuit in Canada, and
reflect the views of the United States Institute of Peace, Tamils in Sri Lanka have lost ancestral and traditional land to majority governing
which does not advocate specific policy positions. groups. Treaties, enforceable in court, help protect the rights of Native Americans,
Maoris, and Inuit; negotiations are ongoing in Sri Lanka.
• To prevent or end civil war, minority groups must be included as full citizens in a
unified nation. Despite a signed peace agreement in Sudan, difficulties persist as the
North and South attempt to create national cohesion. Native Americans in the United
States and Inuit in Canada have no desire to separate from their countries, but they
SPECIAL REPORT 151 SEPTEMBER 2005 have had to struggle for justice and equality in their national societies.
• Tensions and conflict in divided societies often arise because groups have deep-seated
prejudices about each other and feel threatened. The majority Sinhalese in Sri Lanka
fear losing control to the minority Tamil. The majority Protestants in Northern Ireland
fear losing their political and socioeconomic advantages if the country should unite
CONTENTS
with the Republic of Ireland, as desired by the minority Catholics. Attempts to mar-
Introduction 2 ginalize or exclude minority groups lead to continued violence.
“Strangers in Our Own Homeland”: A Common Narrative 3 • Minorities and indigenous peoples are often willing to fight to gain control of their
Land 3 economic resources and governance structure. Landowners in Bougainville, Papua New
Nationhood and Citizenship 4 Guinea, fought to secede when they felt they did not receive a just share of the ben-
Threat Perceptions and Conflict 5 efits from a copper mine in their territory. Maoris, Inuit, Native Americans, southern
Economic and Political Self-determination 6 Sudanese, Tamils, and Catholics in Northern Ireland have resorted to violence and/or
Guideposts Home: Lessons from X legislative and judicial procedures to express their grievances.
International Experience 6 • Genuine devolution of political and economic power to redress minority disenfran-
Conclusion 12 chisement has been a condition for lasting peace.
ABOUT THE INSTITUTE • Past conflicts over ancestral domain have shown that factors in a peaceful resolution
The United States Institute of Peace is an inde- must include negotiations for a peace treaty that includes specific implementation
pendent, nonpartisan federal institution created provisions; recognition and respect for minority cultures and values; some minority
by Congress to promote the prevention, manage- ownership or interest in ancestral lands and the resources thereon; unity within the
ment, and peaceful resolution of international minority group; assistance from outside, neutral parties; a long-term perspective in
conflicts. Established in 1984, the Institute meets negotiated settlements; and recognition of potential adverse consequences for other
its congressional mandate through an array of groups affected by any settlement.
programs, including research grants, fellowships,
professional training, education programs from
high school through graduate school, conferences Introduction
and workshops, library services, and publications. On May 24–27, 2005, the United States Institute of Peace hosted a two-and-a-half-day
The Institute’s Board of Directors is appointed by workshop on ancestral domain in Davao City, Philippines. Ancestral domain is the third
the President of the United States and confirmed and final item on the agenda for peace negotiations between the government of the
by the Senate. Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF). It is argu-
ably the most important and thorniest issue yet to be resolved between the two parties
BOARD OF DIRECTORS prior to a political settlement. Ancestral domain refers to the Moros’ demand for territory
J. Robinson West (Chair), Chairman, PFC Energy, that will constitute a Bangsamoro homeland, sufficient control over economic resources in
Washington, D.C. • María Otero (Vice Chair), President, that territory, and a structure of governance that will allow Moros to govern themselves in
ACCION International, Boston, Mass. • Betty F. Bumpers, ways that are consonant with their culture and with minimal interference from Manila.
Founder and former President, Peace Links, Washington, Underlying the talks on ancestral domain is the desire of the Moro ethnic groups,
D.C. • Holly J. Burkhalter, Advocacy Director, Physicians collectively known as the Bangsamoro, for a measure of restorative justice. They have
for Human Rights, Washington, D.C. • Chester A. lost lands that had belonged to their fathers since time immemorial. Decades of conflict
Crocker, James R. Schlesinger Professor of Strategic and marginalization have inhibited their socioeconomic development. As a people, the
Studies, School of Foreign Service, Georgetown University Bangsamoro are seeking arrangements that will facilitate genuine self-determination,
• Laurie S. Fulton, Partner, Williams and Connolly, economic development, and cultural and social renaissance. But Moro leaders, particularly
Washington, D.C. • Charles Horner, Senior Fellow, Hudson those represented by the MILF, are cognizant of demographic and territorial realities in
Institute, Washington, D.C. • Seymour Martin Lipset, Mindanao that pose obstacles to their aspirations. Recognizing these realities, they have
Hazel Professor of Public Policy, George Mason University relinquished claims to all of Mindanao, Sulu, and Palawan as Moro ancestral domain. Their
• Mora L. McLean, President, Africa-America Institute, final demands, however, are not yet publicly known. By the same token, the extent to
New York, N.Y. • Barbara W. Snelling, former State which the GRP can accommodate these claims remains to be seen.
Senator and former Lieutenant Governor, Shelburne, Vt. The workshop sought to facilitate an exchange of experience and expertise from other
countries on matters related to ancestral domain. The Institute invited international
MEMBERS EX OFFICIO
scholars and practitioners to speak about relative successes, failures, challenges, and
Michael M. Dunn, Lieutenant General, U.S.
lessons from other cases in which ethnic or religious minority groups have fought over
Air Force; President, National Defense University
and negotiated arrangements on territory, natural resources, and governance. The cases
• Condoleezza Rice, Secretary of State, U.S. Department
included Inuit of Nunavut (Canada), Native Americans of the United States, Maoris of New
of State • Peter W. Rodman, Assistant Secretary of
Zealand, Bougainville in Papua New Guinea, and religious or ethnic minorities in Northern
Defense for International Security Affairs
Ireland, Sudan, and Sri Lanka.
• Richard H. Solomon, President, United States
Workshop organizers recognized that the situation in Mindanao could not be compared
Institute of Peace (nonvoting)
exactly with the experiences of other countries. As Richard Murphy, former U.S. ambassa-
dor to the Philippines and senior advisor to the Institute’s Philippine Facilitation Project,
noted, “[There] are many unique elements to Moro grievances and the difficult histori-
cal relationship between the Moros and the Philippine government.” But, he continued,
“there are also likely to be challenges and positive precedents that will resonate between
the case of the southern Philippines and the experience of other groups in other countries.
There might be potentially valuable lessons to learn. These lessons, if learned and applied,
could perhaps help pave the way towards peace and its dividends, and bring an end to
the dreadful costs and consequences of violent struggle.”
The workshop was attended by nearly forty participants, who included government
and Moro representatives, Philippine scholars, and civil society leaders. Participants did
not discuss official negotiating positions and spoke only in their capacities as scholars,
experts, or observers. The U.S. Institute of Peace hopes that ideas generated at the
workshop and summarized in this report may stimulate further creative and constructive
approaches to ancestral domain.
2
“Strangers in Our Own Homeland”: A Common Narrative
The term “ancestral domain” is not a common international reference, but parsing the Ancestral domain refers to the
phrase into “territory, economic resources, and governance” quickly makes it a familiar
Moros’ demand for territory that
concept to minorities around the world. Referring to the Native American experience, for
example, Walter Echo-Hawk, a participant from the Pawnee tribe, alluded to the common will constitute a Bangsamoro
experience of “colonialism, loss of homelands, destruction of traditional ways of life and
homeland, sufficient control
habitat, warfare, disease, and marginalization” as factors that have turned minorities
and indigenous peoples in many places into “strangers in our own homeland.” Loss of over economic resources in that
territory, discrimination, absence of full citizenship rights, cultural erosion, and violent territory, and a structure of gov-
conflict are common elements in the narrative of many minority groups around the
world. ernance that will allow Moros to
govern themselves in ways that
are consonant with their culture
Land
and with minimal interference
Many indigenous peoples have lost their ancestral and traditional lands. Native Americans
in the United States, for example, lost the armed conflict against white settlers and con- from Manila.
sequently lost their lands and way of life. However, their forefathers left a legacy of legal,
cultural, and political rights embodied in 500 treaties signed between the U.S. federal
government and Native American tribes. Today, Native Americans have jurisdiction over The term “ancestral domain”
ninety million acres of land. The U.S. government has trustee status and retains legal
is not a common international
title to the land, but the tribes have civil and criminal jurisdiction over their territories,
run their own tribal governments, own the water and minerals on and under the land, reference, but parsing the
and significantly control decisions regarding development. Although tribes still face
phrase into “territory, economic
challenges in safeguarding their rights and control over traditional territories, they have
recourse to courts, Congress, and public opinion to protect their interests. resources, and governance”
The Maoris of New Zealand also suffered when European colonial policies and military quickly makes it a familiar con-
conflict destroyed their traditional laws and collective land tenure and ownership. They
signed the Treaty of Waitangi in 1840 with European settlers, but the Europeans violated cept to minorities around the
the treaty’s provisions on Maori rights, possessions, and citizenship. Maoris lost control of world.
their lands over time and saw traditional cultural structures erode. However, in the past
two decades, Maori culture has enjoyed a renaissance. A rethinking of the Waitangi Treaty
has occurred in New Zealand, leading to a process that allows Maoris to assert claims for
breaches of the treaty and seek restoration of their tribal lands. Martin Mariassouce, a
Maori participant, noted that the Maoris have managed to arrest their people’s cultural The Maoris have managed to
and economic decline, but still face many challenges. These include pursuing remaining
arrest their people’s cultural and
land and intellectual property claims, improving the socioeconomic lot of their people,
developing entrepreneurial and management skills, and becoming competitive in such economic decline, but still face
fields as information technology and tourism.
many challenges.
Terry Fenge, a consultant who worked on Inuit negotiations with the Canadian govern-
ment for ten years, spoke about the Inuit experience. Inuit, who number 155,000 world-
wide, are an indigenous people who have been colonized by five countries: Great Britain,
Canada, Russia, Denmark, and the United States. In Canada, Inuit number approximately
fifty-five thousand. They retained “aboriginal title” to their lands because, unlike other
indigenous peoples in North America, they had not signed treaties ceding their land and
natural resources to the government. The Canadian government was unconcerned about The Canadian government was
Inuit aboriginal titles until oil and gas exploration and other development on Inuit land
unconcerned about Inuit aborigi-
became an issue. Anxious to avoid legal uncertainty over land ownership that might ham-
per investment and development, the Canadian government initiated negotiations with nal titles until oil and gas explo-
Inuit in 1973 that resulted in four comprehensive land claims agreements: James Bay ration and other development on
and Northern Quebec (1975), Beaufort Sea region (1984), Nunavut (1993), and Labrador
(2005). The largest of these agreements—Nunavut—extinguished Inuit aboriginal title Inuit land became an issue.
to approximately 20 percent of Canada in exchange for giving Inuit of Nunavut their own
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territorial government, monetary compensation, a significant degree of control over land
use and development, ownership of approximately 18 percent of their ancestral domain,
a royalty share on development of any land in Nunavut, and rights to harvest marine and
terrestrial wildlife throughout their settlement area, including in national parks.
The Tamils of Sri Lanka, who have traditionally populated the north and east of the
country, have a land grievance sparked by their minoritization in the east. Jehan Perera,
a Sri Lankan participant, elaborated that the eastern portion of Sri Lanka used to be 60
percent Tamil, but that percentage decreased to 40 percent in the 1980s due to Sinhalese
settlement. Resolution of Tamil grievances related to land, language, governance, and
other matters is still a work in progress. Although the Tamils and the majority Sinhalese
subscribe to an ongoing cease-fire, they remain some distance from reaching a compre-
hensive agreement. Federalism has been proposed as a resolution to the conflict, but the
two sides have put forward different and irreconcilable versions. The Tamil guerillas, known
as the Liberation Tigers of Tamil Eelam or LTTE, have proposed an interim self-governing
authority on Tamil lands, but the Sinhalese government views their proposal as overreach-
ing. In the meantime, the devastation wrought by the tsunami of December 2004 (which
killed forty thousand people) created an opportunity for the Tamils to pursue relief and
reconstruction efforts over a specified, limited territory, working with both the govern-
ment and Muslim parties. This development could be a harbinger of a more constructive
path toward Tamil self-government and an end to the devastating conflict in Sri Lanka.
5
Economic and Political Self-Determination
Conflict over ancestral domain is often rooted in frustrated aspirations by minorities
and/or indigenous peoples to control their economic resources and governance structures.
This was the case in Bougainville, the most remote of Papua New Guinea’s (PNG) nine-
teen provinces. Bougainville is geographically, culturally, and linguistically distinct from
most of PNG, which itself gained independence from Australia only in 1975. Ron May, an
Australian participant, noted that the roots of violence in Bougainville can be traced to
the opening of one of the largest copper mines, administered by Australia, in the 1970s.
Many younger Bougainvillean landowners felt that they deserved a larger share of revenue
from the mine. They believed that the mine brought economic benefits to the rest of
PNG while imposing heavy environmental and social costs on Bougainville. In addition,
Bougainvilleans viewed as inadequate the autonomy arrangements granted to them by
PNG in 1976. A violent secessionist conflict began in 1988, followed by negotiations in
1997 that culminated in a peace agreement in 2001.
Frustrated economic and political aspirations are themes that also resonate with
Maoris, Inuit, Native Americans, southern Sudanese, Tamils in Sri Lanka, and Catholics in
Northern Ireland. Some of these groups have used violence to highlight their grievances
and achieve concessions from the state. Others have used negotiations, legislatures, and
court systems to address their needs. In no case has a “quick fix” for minority economic
and political aspirations been possible. Long years of talks, negotiations, and even failed
agreements characterize many of the cases. Inuit of Nunavut negotiated with the Cana-
dian government for twenty years before achieving an agreement. Maoris worked for
fifteen years before the Waitangi Tribunal was set up to address their claims. In Northern
Ireland, an agreement was reached only in 1998, despite attempts to resolve the conflict
In all cases, genuine since 1972. In all cases, genuine devolution of political and economic power to redress
minority disenfranchisement has been required for peace. In Sri Lanka, where peace
devolution of political and
remains elusive, devolution of political and economic power will certainly be required for
economic power to redress the Tamils to end their violent struggle.
minority disenfranchisement has
been required for peace.
“Guideposts Home”: Lessons from International Experience
The workshop highlighted some lessons from the experience of other countries in dealing
with ancestral domain.
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from unilaterally amending agreements with the Inuit, thereby giving very strong assur-
ance to the Inuit that the agreements will be honored.
Native Americans have experienced numerous violations by the U.S. government
of treaties signed. They have used federal courts to protect their rights over ancestral
domain, but court decisions have not always been fair toward their interests. Congress,
which has plenary authority to legislate over Native American affairs, has expanded
their rights on some occasions and abrogated them on others. Safeguards against the
unpredictable direction of prevailing political winds would help clarify and strengthen
Native American rights and diminish the need for litigation and other battles over treaty
implementation.
In Northern Ireland, implementation has stumbled against the problem of managing
public expectations. Leaders on both sides of the conflict have become vulnerable as
people clamor for their peace dividend during the implementation phase. Another prob-
lem has been that the peace agreement in Northern Ireland contained few mechanisms
to censure violations or compel adherence. An important lesson is that minimal or no
costs for defaulting may create the hazard of parties signing agreements that they do
not intend to keep.
In Sudan, after many years of brutal war, Deng noted that “most people don’t know
what to do with peace.” One cannot assume a deep commitment by all parties to the
agreement signed. Ambivalence and tensions were evident even at the signing ceremony.
Peacemaking is a long process, and in Sudan, progress may be incremental and cumula-
tive. The value of the signed agreement is that it has created space for North and South
to repair relations and determine if they can stay together in one country. The imple-
mentation of the agreement will determine whether or not secession will continue to
threaten Sudan’s territorial integrity.
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Zealand, the power of an official apology has been proven. Validated land claims at the
Waitangi Tribunal have been accompanied by an official apology to Maori claimants. To
Maoris, according to Mariassouce, “this is worth more than money; this is the core of
democracy.” In the United States, the government continues to issue formal apologies to
black leaders of the civil rights movement and blacks who were harmed grievously by past
official policies.
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only slowly and sequentially. As Bougainvillean capacity to govern increases, their self-
governance powers will also expand.
Internal unity has also been a challenge to Native Americans. Historically, weak tribal
alliances and intense intertribal warfare caused Native Americans to succumb to the
“divide and conquer” strategies of European colonizers. Today, unity can sometimes remain Today, unity can sometimes remain
elusive among the 500 federally recognized tribes that have separate governments, con- elusive among the 500 federally
stitutional documents, and procedures. Native Americans need to work together to react
to legislative proposals that affect their rights. Toward this end, they have established recognized tribes that have separate
intertribal councils on timber, fishing, and other natural resources. Many Native American governments, constitutional docu-
leaders recognize that, without unity, their initiatives would be “dead on arrival.”
In contrast to other minority groups, Inuit have benefited from intragroup unity. In ments, and procedures.
the 1970s, Inuit sat down to discuss what they wanted their future to look like. They
were clear, united, and consistent in their vision and position. They solicited lawyers to
translate their vision into documents that could be proposed and discussed at the nego-
tiating table. When an agreement was signed, the challenge for Inuit was to enhance
their governance capabilities. Pursuant to the 1993 Nunavut Agreement, the government
of Nunavut came into effect in 1999. The long-term challenge is to ensure that Inuit are
able and qualified to take up the positions in this government commensurate with the
fact that they comprise 85 percent of the territory’s population. At present, Inuit hold
approximately 40 percent of the positions in the government of Nunavut.
In Northern Ireland, former militant groups realized that they needed training and
skills other than waging war to be able to govern effectively and transform their violent
struggle into electoral politics. They needed to learn how to build political parties. They
needed skills to become more articulate and credible representatives of their people.
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New Zealand, Maori women resolutely decided to stop the destruction of their culture.
They began teaching Maori language to children even before the Waitangi Tribunal was
set up to officially redress Maori grievances. The women refused to accept a fate of The women refused to accept a
alcoholism, drugs, unemployment, and jail for their children. Taking responsibility for
themselves was a lesson the Maoris took seriously.
fate of alcoholism, drugs, unem-
Native Americans, too, have seized opportunities to help themselves. They have built ployment, and jail for
casinos on their reservations, using some of the income for Native American education,
art, museums, and per capita distributions to tribal members. Although casinos are only
their children.
a limited solution, they have allowed some tribes to move beyond the stereotype of the
“lazy, dirty, alcoholic” Indian. Prosperity and wealth are themes that Native Americans
want to develop. Those with resources from casinos have diversified into other busi-
nesses, and have become political players by making financial contributions to politicians
and organizations that protect Native American interests.
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Appendix A
List of Workshop Participants
Philippine Government Representatives
Rudy B. Rodil
Professor, Vice Chair, GRP Peace Panel, and Chair, Technical Working Group (TWG) on Ancestral Domain
Ryan Mark Sullivan
Chairman, GRP Secretariat
Jannette Serrano
Commissioner, National Commission on Indigenous Peoples, TWG Member
Camilo Montesa
Assistant Secretary, Department of Education, TWG Member
Matanog Mapandi
Assistant Secretary, Department of Environment and Natural Resources, TWG Member
Leah Armamento
Attorney, Department of Justice, TWG Member
Tapa Umal
Director, Office of Muslim Affairs, TWG Member
Ali Sangki
Office of Muslim Affairs, TWG Member
Moro Representatives
Asan Majid
South Upi, Maguindanao
Mike Mamento
FIC, Lanoon, Carmen, Cotabato
Datu Atik Manulon
TRAC
Mohamad Omar
Barangay Kabuan, Parang, Maguindanao
Yusoph Pasigan
Cotabato City
Carlito Sagapan
Davao Oriental
Almansor Taug
Cotabato City
International Participants
Ambassador Francis Deng
Director, Center for Displacement Studies, School of Advanced International Studies, Johns Hopkins Univer-
sity, USA
14
David Fairman
Managing Director, Consensus Building Institute
Terry Fenge
Strategic Counsel and Director of Research, Inuit Circumpolar Conference, Ottawa, Canada
Roger MacGinty
Lecturer, University of York, Northern Ireland
Martin Mariassouce
Te Puni Kokiri Accounts Manager, Maori Business Facilitation Service, New Zealand
Ronald May
Professor of Political Science, Australian National University, Australia
Jehan Perera
Media Director, National Peace Council, Sri Lanka
Walter Echo-Hawk
Senior Staff Attorney, Native American Rights Fund, USA
Appendix B
Senior Advisors and Staff, Philippine Facilitation Project, U.S. Institute of Peace
The Honorable Stephen Bosworth
Dean, Fletcher School of Law and Diplomacy Tufts University
The Honorable Chester A. Crocker
Schlesinger Professor of Strategic Studies
Georgetown School of Foreign Service
Matthew P. Daley
Former Deputy Assistant Secretary for State of
East Asia and the Pacific
The Honorable Richard W. Murphy
Former U.S. Ambassador to the Philippines
The Honorable Nicholas Platt
President Emeritus, The Asia Society
The Honorable Richard H. Solomon
President, U.S. Institute of Peace
The Honorable Frank G. Wisner
Vice President, External Affairs, American International Group, Inc.
General Anthony C. Zinni
U.S. Marine Corps (Ret.)
Former Commander-in-Chief, U.S. Central Command
G. Eugene Martin
Executive Director
Astrid S. Tuminez,Ph.D.
Senior Research Associate
15
An online edition of this report can be
found at our website (www.usip.org),
Of Related Interest
together with additional information The Philippine Facilitation Project has also produced the following publication:
on the subject. • The Mindanao Peace Talks: Another Opportunity to Resolve the Moro Conflict in the
Philippines (Special Report 131, February 2005)
For book sales and order information, call (800) 868-8064 (U.S. toll-free only) or (703)
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