Indigenous Peoples’ Land Rights and Peacemaking

Abstract Almost forty years of successive peace processes addressing the Bangsamoro armed conflict in the Philippines have led to the creation of a Bangsamoro (‘Moro nation’) autonomous region in Mindanao, the acknowledgement of ‘Bangsamoro internal self-determination’, and the (formal) end of armed hostilities. These very same peace processes, however, have undermined the right to self-determination of those indigenous peoples, or Lumads, whose ancestral domains coincide with areas that are claimed to be part of a historic Bangsamoro homeland. For years, Lumads have sought legal recognition of their land claims, and Lumads now have to contend with a regional government where Bangsamoro goals, aspirations, and way of life hold precedence. This article makes the case that these peace processes have infringed on Lumads’ rights as indigenous peoples by substantially excluding them from peace negotiations and by privileging the Bangsamoro armed groups’ claims in the resulting peace agreements, particularly with regard to the notion of a Bangsamoro ‘ancestral domain’. The exclusionary language of these peace agreements, as well as resulting legislation, prevents the establishment of just, equitable, and inclusive governance in the Bangsamoro, and ultimately prevents the establishment of positive peace. This article argues that as long as there are no sufficient means for the protection and fulfilment of Lumads’ rights in the Bangsamoro autonomous region, particularly with regard to their ancestral domains, there can be no real peace—that is, both negative and positive peace—in this protracted conflict, despite the formal end of hostilities.