04/02/2020
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This strand begins with the statement that it is "the birthright of all Moros and all
Indigenous peoples of Mindanao to identify themselves and be accepted as
`Bangsamoros.'" It defines "Bangsamoro people" as the natives or original
inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu
archipelago at the time of conquest or colonization, and their descendants whether
mixed or of full blood, including their spouses.[30]
Thus, the concept of "Bangsamoro," as defined in this strand of the MOA-AD,
includes not only "Moros" as traditionally understood even by Muslims,[31] but all
indigenous peoples of Mindanao and its adjacent islands. The MOA-AD adds that the
freedom of choice of indigenous peoples shall be respected. What this freedom of
choice consists in has not been specifically defined.
The MOA-AD proceeds to refer to the "Bangsamoro homeland," the ownership of
which is vested exclusively in the Bangsamoro people by virtue of their prior rights
of occupation.[32] Both parties to the MOA-AD acknowledge that ancestral domain
does not form part of the public domain.[33]
The Bangsamoro people are acknowledged as having the right to self-governance,
which right is said to be rooted on ancestral territoriality exercised originally under
the suzerain authority of their sultanates and the Pat a Pangampong ku Ranaw. The
sultanates were described as states or "karajaan/kadatuan" resembling a body
politic endowed with all the elements of a nation-state in the modern sense.[34]
The MOA-AD thus grounds the right to self-governance of the Bangsamoro people on
the past suzerain authority of the sultanates. As gathered, the territory defined as
the Bangsamoro homeland was ruled by several sultanates and, specifically in the
case of the Maranao, by the Pat a Pangampong ku Ranaw, a confederation of
independent principalities (pangampong) each ruled by datus and sultans, none of
whom was supreme over the others.[35]
The MOA-AD goes on to describe the Bangsamoro people as "the `First Nation'
with defined territory and with a system of government having entered into treaties
of amity and commerce with foreign nations."
The term "First Nation" is of Canadian origin referring to the indigenous peoples of
that territory, particularly those known as Indians. In Canada, each of these
indigenous peoples is equally entitled to be called "First Nation," hence, all of them
are usually described collectively by the plural "First Nations."[36] To that extent, the
MOA-AD, by identifying the Bangsamoro people as "the First Nation" - suggesting its
exclusive entitlement to that designation - departs from the Canadian usage of the
term.
The MOA-AD then mentions for the first time the "Bangsamoro Juridical Entity"
(BJE) to which it grants the authority and jurisdiction over the Ancestral Domain and
Ancestral Lands of the Bangsamoro.[37]
B. Territory
The territory of the Bangsamoro homeland is described as the land mass as well as
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