COOPERATION AGREEMENT N BETWEE! NATIONAL COMMISSION ON INDIGENOUS PEOPLES AND MINISTRY OF INDIGENOUS PEOPLES’ AFFAIRS ‘This Cooperation Agreement is entered into this __ day of 2021, by and between: National Commission on Indigenous (hereinafter called Peoples “NCIP"), is the agency of the National Government of the Philippines that is responsible for protecting the rights of the indigenous peoples of the Philippines, with office address at 6th and 7th Floor, Sunnymede IT Center, 1614 Quezon Ave,, Diliman 1103 Quezon City, Philippines, represented by its Chairperson Allen A. Capuyan, hereinafter referred to as the FIRST PARTY; and Ministry of Indigenous Peoples’ Affairs-BARMM (hereinafter called “MIPA-BARMM”), is the primary agency responsible for the formulation and implementation of policies, plans and programs to promote the well-being of all indigenous peoples in the Bangsamoro Autonomous Region in recognition of their ancestral domain as well as their rights thereto, with office at 2nd floor, JICA Bullding BARMM Compound, Cotabato City, Philippines, represented by its Minister Melanio U. Ulama, hereinafter referred to as the SECOND PARTY; (Collectively known herein as the “Parties”} WITNESSETH WHEREAS, Article Il, Section 22 of the 1987 Philippine Constitution recognizes and promotes the rights of indigenous cultural communities within the framework of national ‘unity and development; WHEREAS, Article XII, Section 5 of the 1987 Philippine Constitution provides that the State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being; WHEREAS, the NCIP created under Republic Act (RA) No. 8371 or the Indigenous Peoples Rights Act of 1997 (IPRA) has the mandate to protect and promote the interest and well-being of the [CCs/IPs with due respect to their beliefs, customs, traditions and institutions; WHEREAS, the NCIP is the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto; WHEREAS, the MIPA-BARMM created under the Bangsamoro Organic Law (RA No. 11054), ensures that the Bangsamoro Government recognizes the rights of the indigenous peoples and shall adopt measures for the promotion and protection of the following rights: 1(a) Native titles or fusakea inged (b) Indigenous customs and traditions; (6) Justice systems and indigenous political structures; (4) Equitable share in revenues from the utilization of fesources in their ancestral lands; (¢) Free, prior and informed consent, (f) Political participation in the Bangsamoro Government including reserved seats for the non-Moro Indigenous peoples in the Parliament; (g) Basic services; and (h) Freedom of choice as to their identity; WHEREAS, the MIPA-BARMM is mandated to protect, promote, and preserve the interest and well-being of all Indigenous Peoples and Indigenous Cultural Communities within the Bangsamoro Autonomous Region with due regard to their beliefs, customs, traditions, and institutions; WHEREAS, the MIPA-BARMM serves as the primary agency responsible for the formulation and implementation of policies, plans and programs to promote the rights and well-being of all Indigenous People and Indigenous Cultural Communities in the Bangsamoro Autonomous Region in recognition of their ancestral domain as well as their rights thereto; WHEREAS, the Intergovernmental Relations Body (IGRB) composed of the National Government and the Bangsamoro Government agreed that National Government ‘Agencies and Bangsamoro Agencies shall directly coordinate and cooperate with each other to ensure smooth transition of powers and authorities in pursuit of genuine autonomy and self-governance in the BARMM; WHEREAS, the Parties mutually agree to cooperate and coordinate with each other for the protection and promotion of the rights and well-being of all Indigenous Peoples and Indigenous Cultural Communities within the Bangsamoro Autonomous Region. NOW THEREFORE, in consideration of the representations, premises, mutual covenants and agreements set forth herein, the Parties agree as follows: Article 1, Context ‘The foregoing Whereas Clauses shall be integral parts of this Cooperation Agreement, setting out the context of the cooperation between the Parties. Article 2. Purpose ‘The purpose of this MOU is to establish a framework of partnership and facilitate collaboration, cooperation, and communication between the Parties, on a non-exclusive basis, in areas of common interest. Under this framework, the Parties shall develop specific activities and deliverables to be implemented in a spirit of cooperation and common commitment to provide protection and promotion of the rights and well-being of all Indigenous Peoples and Indigenous Cultural Communities within the Bangsamoro ‘Autonomous Region. Article 3: Areas of Cooperation ‘The Parties hereby commit to collaborate, cooperate, and communicate on the following areas: 1. Sharing of information and experiences regarding guidelines, policies, and programs for the protection and promotion of rights and well-being of Indigenous Peoples and Indigenous Cultural Communities; 2. Capacity building support; and3, Technical assistance on the development of guidelines, policies, projects, and programs, as may be requested by MIPA-BARMM from NCLP. Article 4: Duties and Responsibilities Section 1. The FIRST PARTY shall: 4. Whenever invited, act as a resource person in the drafting of the Indigenous People's Code of the BARMM; 2, Assist with the inclusion of the SECOND PARTY in all national programs and ‘services related to indigenous peoples and indigenous cultural communities within the Bangsamoro Autonomous Region; 3, Coordinate and verify with the SECOND PARTY all incident reports and issues elated to indigenous peoples and indigenous cultural communities within the Bangsamoro Autonomous Region ; 4, Refer to the SECOND PARTY any dispute involving indigenous peoples and indigenous cultural communities within the Bangsamoro Autonomous Region; and 5, Share best practices with the SECOND PARTY on policy-making, administration, and field work related to the promotion and protection of the rights of indigenous peoples and indigenous cultural communities. . Section 2. The SECOND PARTY shall: 1. Allow the FIRST PARTY, on a case-to-case basis, to access information or reports concerning ‘or related to indigenous peoples and indigenous cultural communities within the ro Autonomous Region, provided that a written request to such effect Is submitted to the SECOND PARTY: 2. Collaborate with the FIRST PARTY on cross-cutting concerns involving or related to indigenous peoples and indigenous cultural communities within the Bangsamoro Autonomous Region; 3, Provide periodic report and recommendation on the implementation of national programs and services to the FIRST PARTY. Article 5: Joint Steering Committee ‘A Joint Steering Committee composing of representatives from the Parties with the following responsibilities is hereby created: 1. Development of an action plan to capacitate and provide technical assistance to MIPA-BARMM; 2. Development of specific activities, programs, and projects to implement the provisions of this Cooperation Agreement; 3, Assignment and Designation of a Focal Person for both Parties to ensure efficient cooperation, collaboration, and communication; 4. Coordination in the implementation of this Cooperation Agreement and taking necessary actions related thereto; and 5, Monitoring and evaluation of the implementation of this Cooperation Agreement. ‘The Joint Steering Committee shall meet at least twice every year at a time and place agreed upon by the Parties. Nii) = > —Itshall have the following members: NCIP (Co-Chair); Commissioner for MIPA-BARMM (Co-Chair): Chief Legal Central Mindanao Division/Section Head-Legal Section NCIP (Co-Vice Chair): Commissioner for MIPA-BARMM (Co-vice Chair): Directar- Northern Mindanao Bureau of Ancestral Domains/Section Head- Ancestral Domains Section Members: 1. Section head-Research Section (MIPA-BARMM) 2, Section head-Conilict Management Section (MIPA-BARMM) 3, Section head-Planning Section (MIPA-BARMM) 4, Director-Ancestral Domains (NCIP) 5. Director-Office of Empowerment and Human Rights (NCIP) 6.Director-Legal Affairs Office (NCIP) Article 5: Term and Renewal ‘The present Cooperation Agreement shall have an initial term of three (3) years, commencing on the date of signing of this Cooperation Agreement, subject to renewal by mutual consent of all Parties. Article 6: Amendments and Settlement Disputes ‘This Cooperation Agreement may only be amended in writing by consent of all Parties. Any dispute arising among the Parties under this Cooperation Agreement with respect to Its interpretation, application or implementation shall be settled by consultation or negotiation between the Parties. In case of any dispute that cannot be resolved amicably by the parties, the same shall be elevated to the Intergovernmental Relations Body for ‘mediation and/or resolution. Article 7: Confidentiality of Information ‘The Parties undertake to maintain the confidentiality of the information which is confidential to each of them, relating to this Cooperation Agreement and all related cooperation between the Parties. Article 8: Termination ‘The Parties may terminate this Cooperation Agreement without any conditions or restrictions by giving at least two (2) months prior notice of termination. Article 9: General Provisions ‘This Cooperation Agreement does not bind the Parties or any third party to any financial, administrative, or legal obligations. IN WITNESS HEREOF, this Cooperation Agreement has been executed by Parties hereto (or their duly authorized representatives) on the date stated at the beginning of this document: ‘ é ;NATIONAL COMMISSION ON INDIGENOUS MINISTRY OF INDIGENOUS PEOPLES AFFAIRS (MIPA-BARMM) pds dM NCIP Chairperson MIPA Minister Date: Date: ‘SIGNED IN THE PRESENCE OF: ‘WITNESSES NCP MIPA-BARMM ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES. City of Cotabato. Mezen.! BEFORE ME, a Notary Public for and in the City___Quezon City _, this___s day of __yoVv.05 021 ___ 2021, personally appeared the following: NAME Identification Card DATE &/PLACE ISSUED HON. ALLEN A. CAPUYAN HON. MELANIO U. ULAMA KNOWN TO ME to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed. This instrument consisting of six (6) pages including this page whereon this ‘Acknowledgement is written and which refers to a Cooperation Agreement signed on the left margin on each and every page thereof by the parties and thefr instrumental WITNESS MY HAND AND SEAL on the date and place abo; ro Go BookNo, LW; h Series of 2021. — tary pups oe re eae mea aur thar ees et pemstae No Vidi? 1485/49 2 Ae ne emoreau ‘aap