Mayor Jose Paolo Evangelista (center) signed Kidapawan City’s Indigenous Peoples Welfare and Development Code on October 18, 2023, as a highlight of the IP Month and IP Day celebrations. With him is Councilor Jason Roy “Datu Panguliman” Sibug (right), the principal author of the legislation. (Photo: City Government of Kidapawan)
The well-being and advancement of the indigenous cultural communities of Kidapawan City take a consequential and prominent place as officials here passed and approved its Indigenous Peoples’ Welfare and Development Code.
“This document is historic. We are the first city in the Philippines to pass and approve an IP Code ordinance,” Mayor Jose Paolo Evangelista pointed out when he signed the code during the IP Month and IP Day commemoration in October.
The code, he added, “concretizes the protection, support, and regard of the rights of the tribes in Kidapawan.”
“As I affix my signature to this document, I bring with me all the dreams, all the aspirations, and all the yearnings of the indigenous people,” he said.
Meanwhile, City Councilor Jason Roy “Datu Panguliman” Sibug, chairman of the Committee on Indigenous Peoples and principal author of the legislation, told the Philippine Information Agency that the legislation “serves as a bridge through which the city government delivers to indigenous people communities comprehensive, quality, and sustainable programs and services anchored on livelihood, ancestral domain, and culture.”
“We do not want a dole-out kind of service or legislation. What we want is life-changing legislation that could lead to the advancement of the lives of the IPs on a long-term basis, a law that is responsive to our needs, especially to our ways of life as indigenous peoples,” Sibug said.
Kidapawan City’s indigenous community consists mostly of Obo Monuvu and some migrants of Blaan, Tagakaulo, Bagobo-Tagabawa, Mandaya, Bagobo-Klata, and Ibaloi tribes.
Kidapawan City’s indigenous people community consists mostly of the Obo Monuvu tribe. Councilor Jason Roy “Datu Panguliman” Sibug clarified that there are also other IP communities that have migrated to Kidapawan, including Blaan, Tagakaulo, Bagobo-Tagabawa, Mandaya, Bagobo-Klata, and Ibaloi. (Photo: Danilo E. Doguiles, PIA 12)
Rights of the ICCs/IPs
Foremost, the Kidapawan City Indigenous Peoples’ Welfare and Development Code recognizes, promotes, protects, and sustains the rights of the indigenous cultural communities/indigenous peoples (ICCs/IPs), including: rights to ancestral domains; right to ancestral lands; right to self-governance; justice system, conflict resolution institutions, and peacebuilding processes; right to participate in decision-making; right to determine and decide priorities for development; and basic services.
The Code also recognizes the ICCs’/IPs’ right to life, liberty, and security; to live in community; liberty of movement and nationality; as well as protection of the integrity of the person; protection from disaster risk and other emergencies; legal capacity and equal recognition; and freedom from torture or cruel, inhuman, and degrading treatment and punishment; freedom from violence, exploitation, and abuse; freedom of expression and opinion, and access to information; respect for privacy; respect for home and privacy; freedom of speech and expression; and access to justice.
On Education
Indigenous peoples, especially children, are assured of an inclusive educational system at all levels and lifelong learning. Towards this, the city government shall take effective measures that will provide access to an education in their own culture and provided in their own language, and it shall institute programs and appropriate mechanisms that will protect and promote the rights of the IPs in pursuing quality, contextualized, and culture-based education.
These measures include the use of Obo Manuvu as a medium of instruction from kindergarten to Grade 3, adult education, continuing education programs, as well as functional literacy, including IP skills and creativity that will aid their livelihood and daily sustenance.
The Kidapawan City government shall also establish a scholarship program solely for young indigenous people.
On Arts and Culture
As provided in the Code, the IPs have the right to practice and revitalize their cultural traditions and customs, including the right to maintain, protect, and develop the past, present, and future manifestations of their cultures, such as archeological and historical sites, artifacts, ceremonies, technologies, visual and performing arts, and literature.
Along with this, the city government shall institutionalize the observance of the following: “Allow to Sondawa” (a unified celebration) every April 7, “Allow to Obu Monuvu” (a unified celebration) every second Friday of October, Indigenous Peoples’ Day every August 98, IP Week every October 20–29, IP Month every October, and every other event and day of action for ICCs.
Kidapawan City, with the National Commission on Indigenous Peoples (NCIP)and upon prior informed consent, shall also ensure the promotion of arts and culture in coordination with government agencies and nongovernment organizations.
It shall also establish a School of Living Traditions (SLT) to enhance and transfer cultural practices to younger generation, support IP education sustainability and other guidelines set by law for enhancement and preservation of the customs, beliefs, and practices of the ICCs/IPs.
The IPs of Kidapawan shall be entitled to the recognition and full ownership and control and protection of their indigenous knowledge system and practices.
On Empowerment of ICCs/IPs
To empower the IP communities, the city LGU commits to recognizing and accrediting legitimate organizations whose membership consists of ICCs/IPs and may represent the community in various local development councils, subject to compliance with requirements set by law.
ICCs/IPs living in areas where they form the predominant population may be created into tribal barangays in accordance with the Local Government Code.
Moreover, the Code mandates that ICCs/IPs shall be represented in varous special bodies such as city development councils, peace and order councils, disaster risk reduction and management councils, health boards, school boards, and other governing bodies of corporations, private schools, and SUCs located within the Ancestral Domain.
Also, the ICCs/IPs shall prepare their respective Ancestral Domain Sustainable Development and Protection Plan (ADSDPP), which shall be assisted in implementation by the barangay council.
On the other hand, the city shall ensure that all development projects, programs, and activities conducted within the ancestral domain areas shall first obtain free and prior informed consent (FPIC) or the consensus of all the members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices.
Infrastructure Development
The city shall ensure that infrastructure projects such as roads, bridges, school buildings, tribal centers, health, and schools for living traditions are adequately provided to IP communities.
Agriculture Development
Likewise, the city shall guarantee sustainable and sufficient food production in the indigenous communities. Thus, the city shall embark on programs that will assure, at all times, the availability in the market of safe and health-giving food to satisfy the dietary needs of the community, giving particular attention to IP women and children, especially pregnant and lactating mothers and their young children.
Furthermore, barangay LGUs shall formulate and implement a community-based food security plan that respects religious and cultural practices.
Along with this effort, the city shall ensure that pre- and post-harvest facilities are adequately provided, enhance existing indigenous knowledge of IPs in farming practices, and provide support and necessary assistance to capability development initiatives. It shall also encourage the application of natural, indigenous, and organic farming practices in ancestral domain areas, subject to environmental and land use issuances and regulations.
Employment and Job Enhancement
Regarding this, the city shall provide equal access to employment opportunities and priority to all qualified IP jobseekers, as well as provide employability enhancement training.
The code mandates that all institutions and business establishments situated within the ancestral domain shall employ at least 60% of the ICCs/IPs, subject to further validation and qualification.
The city government shall enjoin to employ at least 10% of its workers from IP communities and to target a minimum of 20% of jobseekers from ICCs/IPs during job fairs and the conduct of job enhancement-related activities.
Furthermore, the code provides that employees who are members of indigenous communities shall be allowed to observe their cultural practices in the workplace, provided that the employer is notified by the applicant or employee about the cultural practices that they need to observe, and said cultural practices will neither hamper the work efficiency of the employee nor be prejudicial to the operation of the workplace.
Councilor Sibug said the crafting of Kidapawan’s IP Code is a long-drawn-out and time-consuming process with massive backing from tribal leaders, CADT holders, indigenous peoples mandatory representatives, IP professionals, IP women, the National Commission on Indigenous Peoples, and others.
NCIP Chairperson Jennifer Pia “Limpayen” Sibug-Laz graced the IP Code signing ceremony on October 18. (DED – PIA SOCCSKSARGEN)
During the launch of the Kidapawan City IP Welfare and Development Code, the IP community baptized Mayor Jose Paolo Evangelista with the Obo Manuvo name “Datu Kaasag”, which means Defender while his wife, Atty. Anj Evangelista was baptized “Boi Tugbilon” means Helpful. (Photo: City Government of Kidapawan)