“Laws like these sound good on paper, but without real enforcement, they are just another set of words.”
— Timuay Alan Olubalang, Teduray Justice and Governance, speaking at a BIPA consultation meeting.

A Long Struggle for Recognition

Indigenous communities in Mindanao have long fought for the recognition of their ancestral domains and self-governance. Despite legal frameworks like the Indigenous Peoples’ Rights Act (IPRA) of 1997 and international agreements such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), they continue to face land dispossession, marginalization, and violence.

“It is public knowledge that despite the passage of landmark laws like IPRA and the Bangsamoro Organic Law (BOL), Non-Moro IPs in the region continue to become victims of violence and intimidation.”
— Statement from Indigenous coalition Alyansa ng mga Mamamayan para sa Karapatang Pantao (AMKP), March 18, 2024.

The transition from Autonomous Region in Muslim Mindanao (ARMM) to BARMM was supposed to correct these injustices. However, many Indigenous leaders feel that governance remains dominated by the Moro Islamic Liberation Front (MILF) and that NMIPs are often treated as an afterthought.

Back in 2019, the anticapitalist regional party Rebolusyonaryong Partido ng Manggagawa – Mindanao (RPM-M) warned against political elites using the Bangsamoro Organic Law (BOL) for their own interests: "Traditional politicians have been campaigning to support the BOL and the expansion of its territories if these will preserve or perpetuate their hold on power.”

This history of elite-driven governance — in Mindanao and across the Philippines —raises doubts about whether BIPA will truly empower Indigenous peoples—or serve as a political tool to placate critics. Nobody forgets that the country’s National Commission on Indigenous Peoples has also been instrumental in facilitating counterinsurgency operations in indigenous territories.

The Passage of BIPA: Part Victory, Part Political Theater

The new law was passed unanimously in the Bangsamoro Transition Authority (BTA) on December 10, 2024, coinciding with International Human Rights Day. Bangsamoro Chief Minister Ahod Ebrahim declared: “This law is a cultural pride and a testament to the decades-long struggle for recognition and empowerment.”

The law introduces several important mechanisms:

1. Recognition of Ancestral Domains – The law explicitly affirms NMIPs’ ownership over their ancestral domains, known as “Fusaka Inged”, which include lands, forests, rivers, and natural resources.

2. Fusaka Ingëd Development Office (FIDO) – A new agency under the Ministry of Indigenous People’s Affairs (MIPA), tasked with promoting socio-economic development in Indigenous territories.

3. Indigenous Peoples’ Council – A consultative body to ensure that Indigenous voices are heard in policymaking.

“This victory belongs to all of us, Moros, Indigenous Peoples, and settlers alike. It’s a step towards both justice and unity,” declared Ramon Piang, Teduray leader and BTA Member, speaking at the BIPA signing ceremony.

These provisions seem promising on the surface, but past experiences with unimplemented laws leave many wary. After all, indigenous rights were proclaimed as one of the seven pillars of the 2019 transitional process towards Moro regional authority, but demands to delimit ancestral domain have been blocked by vested interests.

“On the issue of ancestral domain, for example, the position of the Moro Islamic Liberation Front (MILF) is that there is only one, unified ancestral domain," explains Benedicto Bacani, Executive Director of the Institute of Autonomy and Governance (IAG). The new legislation’s recognition that the ‘right to ancestral domain’ is vested on Indigenous peoples reflects a concession to the Manila government as much as to Mindanao’s non Moro indigenous.

Maria Sargan, Lambangian leader, warns that indigenous people have seen many laws passed, but what we need is enforcement. We have suffered through land grabbing, forced displacement, and the killings of our leaders. Will this law stop that?” (interview with MindaNews, February 10, 2025).At least 86 Indigenous leaders have been murdered in BARMM since the peace process began. Unarmed indigenous communities face violence from Moro militias as well as local landlords and investors.

The ongoing peace process has also resulted in thousands of Moro rebels and their families settling on indigenous land, unable and often unwilling to move.

Some Indigenous groups question whether the much proclaimed spirit of unity includes them: “Does the distinct identity of the IPs subsume to the identity of the Bangsamoro?” asked an open letter from the Philippine Alliance of Human Rights Advocates (PAHRA), February 2025. The Moro leadership ’s focus on “development” risks obscuring indigenous demands for comprehensive and meaningful autonomy.

Indigenous activists are clear what must be done if the new indigenous law is to mean anything:

1. Ensure Land Security – The delineation of ancestral domains must be prioritized and enforced, not delayed by political maneuvers.

1. Strengthen Indigenous-Led Governance – The Fusaka Ingëd Development Office (FIDO) must be truly led by Indigenous leaders, not co-opted by government interests.

1. Enforce Free, Prior, and Informed Consent (FPIC) – Development projects must not be imposed on Indigenous lands without genuine consultation.

1. End Political Manipulation – Indigenous governance structures must remain independent of the dominant political factions in BARMM.

The passage of BIPA is a historic moment, but its impact will depend on political will and grassroots enforcement. Will its provisions translate into real power for indigenous peoples, or will it be another broken promise in a long history of unmet commitments?