Remembering Robredo / IP reps in LGU bodies
>> Sunday, October 14, 2012
HAPPY WEEKEND
Gina Dizon
It took 13 years from the passage of the 1997 Indigenous
Peoples Rights Act (IPRA) when the late Secretary Jesse Robredo of
the Department of Interior and Local Government (DILG) assumed the
post and issued Memorandum Circular 2010-119 providing
mandatory representation of indigenous cultural communities/ indigenous
peoples in policy making bodies and other local legislative
councils.
This circular is a most vital policy the 112 indigenous peoples
tribes in the country who compose some 15 % of the total population, remember
the late DILG Secretary for, aside from other admired works and attitude the
late Secretary has that people appreciate in him. May he rest in peace.
To streamline and officially place indigenous people’s
representatives in local policy making bodies and ensure their voice, the DILG
Circular adopted National Commission on Indigenous Peoples (NCIP)
Administrative Order No 001 series of 2009 setting national guidelines for the
mandatory representation of indigenous peoples in local legislative councils.
IPRA provides in section 16 that “the State shall ensure that ICCs/IPs
shall be given mandatory representation in policy making bodies.”
Sec. 16 of said IPRA specially provides for the right to
participate in decision –making by indigenous communities “to participate
fully, if they so choose, at all levels of decision-making in matters which may
affect their rights, lives and destinies through procedures determined by them
as well as to maintain and develop their own indigenous political structures.”
Robredo in his memo circular directed local chief executives to
strictly observe the mandate of IPRA for mandatory representation of ICCs/IPs
in the local sanggunian, in accordance with NCIP’s national guidelines.
ALL DILG regional directors are also directed to cause the
immediate and widest dissemination of the memorandum circular to all LGUs and provide
technical assistance.
Said circular adapted minimum qualifications of an IP
representative, provisions on disqualification and removal from office,
selection and assumption into office; powers, duties and functions,
compensation and benefits of the qualified IP representative.
***
A salient provision in the guideline is selection of the IP
representative where they are “chosen by their own communities in accordance
with a process to be determined by them.”
Indigenous decision making processes are taken note of to
distinguish from contemporary government practices of taking on decisions
usually done the votation or appointive way.
An established indigenous practice of decision making is the
consensus method where issues and concerns are discussed with the presence of
community members. Meetings are chaired by elders and leaders of the village
and decisions take note of by the community, meaning all the people present in
meetings.
Issues are discussed with benefits presented and opposition critically
deliberated on to make sure that hazy or categorical protest is not left
unaddressed. It follows that choosing a representative for the community in
meetings outside of the village follows from this practice.
How the tribes shall choose their representative for the NCIP-DILG
mandate to implement mandatory representation of IP is now tricky. If tribes
are not alert, politicians may take advantage of IPs naivety specially located
in isolated areas on government laws and practices.
In a very cultural setting as Sagada located in
Mountain Province of the Cordillera are found tribes in specific
zones -- the iPidlisan tribe in the northern barangays of Bangaan,
Madongo, Tanulong, Fidelisan, Pide, and Aguid.
Though each have barangay and tribe have their own self ascription
of calling themselves as iBangaan, iPide or iMadongo, all from the northern
barangays call themselves iPidlisan. With this setting, it is thus
expected that one representative shall speak for the iPIdlisan tribe in this government
mandated mandatory representation where such is the case.
Similarly, the eastern tribes composed of the barangays of
Antadao, Kilong, Tetep-a Sur and Tetep-an Norte call themselves as iKiltepan
thus belonging to the iKiltepan tribe. A representative is expected to be
chosen following this setting.
In the southern barangays of Ankileng, Suyo, Nacagang, and Taccong
are traditionally referred to as i-Naguab. One of the oldest settlements of
Sagada is Balugan considered as one of the tribes among the iNaguab.
Interesting to note are the central barangays of Patay, Dagdag,
and Demang and Ambasing. Whether people here shall come up with one
representative or a representative per barangay-tribe is the question.
While old settlements -Dagdag and Demang- have common cultural and
historical features with four and seven dap-ay tribunals respectively besides
being two of the oldest barangays in the municipality, Patay has only one
dap-ay and a relatively newer village with strong Anglican Church influence as
compared to Dagdag and Patay with more cultural foundations. Ambasing has
much more a different setting with no cultural dap-ay but a Polistoan where
people often congregate in a venue bearing a history of Aglipayan influence.
On the other hand, whether tribes here shall elect their IP
representative via the ‘dap-ay’ membership is another interesting angle to take
note of. One family here belongs to a dap-ay. Cultural celebrations such as
begnas are attended by household members primarily aside from community. There
are 26 dap-ay in the southern zone, 26 in the northern barangays, 19 in the
eastern zone and 12 in the central barangays.
Whether Sagada shall select via zone-tribal representation and
selecting among themselves the IP representative or via the ‘dap-ay’ and a
federation of dap-ay representatives coming together to select their
representative, is interesting to know. It is more interesting should there be
another modified way of the IP rep selection and how the IP rep is finally
selected.
Or whether the tribes here shall not choose an IP representative
to the local Sanggunian is their own choise and right to opt so.
Other IP communities have their own manner and indigenous
practice, and this, local legislative councils and the executive departments of
LGUs are not the ones in command unless local guidelines are identified by the
indigenous communities and adopted as a municipal LGU guideline.
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