Senator Loren Legarda-Rona's File
Senator Loren Legarda-Rona's File
Senator Loren Legarda-Rona's File
In culmination of the celebration of the National Indigenous Peoples Month that was
celebrated throughout October and as we resume our sessions in this chamber, allow me to
speak to you on this important subject matter of the protection of Indigenous Peoples Rights
and their cultural integrity.
Indigenous Peoples (IPs) make up over 370 million or about 5% of the world's population and
live in 90 countries all over the world.[1] While there is no universally accepted definition of
who Indigenous Peoples are, United Nations (UN) human rights bodies, the International
Labour Organization (ILO), World Bank as well as international law provide for four (4)
criteria that guide us in distinguishing who the Indigenous Peoples are[2]:
Recognizing that indigenous issues received scant attention from the international
community all-throughout the 20th century, the UN General Assembly proclaimed the First
International Decade of the World's Indigenous People from 1995 to 2004 and committed
itself to seeking improvements in the situation of IPs worldwide, particularly, in the areas of
human rights, environment, development, education and health.[3]
It was during this decade that the UN General Assembly adopted the Declaration on the
Rights of Indigenous Peoples on September 2007. After more than 20 years of negotiations
between nation-states and Indigenous Peoples, it was adopted with an overwhelming
majority of 143 votes in favor and only four (4) negative votes cast. The Declaration
recognized a wide range of basic human rights of IPs, particularly: the right to unrestricted
self-determination; right to the ownership, use and control of lands, territories and other
natural resources; right to maintain and develop their own political, religious, cultural and
educational institutions; and the right to protect their cultural and intellectual property.[4]
Despite the UN proclamation of an International Decade for the World's Indigenous Peoples,
their situation remain precarious. IPs continually face systemic discrimination and exclusion
from political and economic decision-making, are displaced from their ancestral domains
due to wars, environmental disasters and intrusion of extractive industries or development
projects in their area. They also suffered murder, genocide, as well as rape as a form of
ethnic cleansing, among other human rights violations.[5]
Their cultural integrity is greatly undermined as well, amidst the growing phenomenon of
globalization and acculturation. They were robbed and exploited as their traditional and
cultural practices were marketed and patented without their consent or participation. The
United Nations Educational, Scientific and Cultural Organization(UNESCO) estimates that, "of
the 7,000 languages spoken in the world today, more than 4,000 are spoken by IPs, and that
up to 90% of the world's languages are likely to become extinct or threatened with
extinction by the end of the century."[6]
Indigenous Peoples are also included in the world's poorest, with poverty rates being
significantly higher as compared to other groups. The UN reveals that although IPs
constitute only 5% of the world's population, they make up 15% of the world's poor.[7]
In light of the enormous problems and issues that continually plague our Indigenous
brothers and sisters, taking into consideration the efforts made during the first decade, the
UN General Assembly declared a Second International Decade from 2005 to 2015 with
action-oriented goals of: promoting of non-discrimination; Promoting of full and effective
participation of IPs in decision-making regarding issues affecting them; Re-defining
development equitable and culturally sensitive policies, Increasing monitoring and
accountability at the international, regional and national level for the .protection of IPs.
As a part of the community of nations that have made IP rights a priority for the second
decade in a row, amidst numerous laws acknowledging their centuries-old plea to be
recognized and respected by society, the Philippine Government has a compelling moral and
legal obligation to promote, protect and uphold the rights of indigenous peoples in the
country.
We have numerous state policies and legal instruments that seek to protect indigenous
rights as well as their knowledge systems and practices:
• Indigenous Peoples Rights Act or RA 8371, the comprehensive law, which mandates
the State to recognize, respect and protect the rights of indigenous peoples and develop
their cultures, traditions and institutions.[8]
• The National Heritage Act or RA 10066, which seeks to protect, preserve, conserve
and promote the nation's cultural heritage, its property and histories, and the ethnicity of
local communities.[9]
Despite these developments, there are still many forces that work against IPs, those that
divide and destroy their distinct way of life and their very existence.
1. The intrusion of development and extractive projects into ancestral lands without
the free, prior and informed consent of the IPs living in the area threatens their right to
a healthful environment and priority right to the use of their natural resources.
2. The increase in internal displacement due to war, environmental degradation,
climate change and other disasters disproportionally affects our ethnic minorities. In
the Autonomous Region of Muslim Mindanao and Region 12 alone, where more than
half of the IP population of the Philippines are found, a total of 69,327 persons have
been displaced and continue to live in evacuation centers as of August of 2010.[10]
3. Regarding human rights violations, the Commission on Human Rights reported that
from 1997 to 2009, more than 10 years since the passage of IPRA, a total of 137 cases
of human rights violations such as torture, enforced disappearances, forced
recruitment as soldiers, murder, among many others have been filed with their office.
[11]
4. Poverty as well as the continued racial and religious profiling and discrimination in
employment, access to basic services and education hinder the development of IPs
and proliferate the vicious cycle of their marginalization; and
5. In the era of Globalization, our distinct cultures are lost to mainstream beliefs, with
acculturation erasing indigenous knowledge, skills and practices.
1. SBN 1342 - Anti-Religious and Racial Profiling Act 2. SBN 1365 - Declaration of No-Mining
Zones 3. SBN 1371 - Internal Displacement Act of 2010 4. SBN 1372 - Equal Employment
Opportunity for IPs 5. SBN 1371 - Resettlement for Under-Privileged and Homeless Citizens
affected by government development projects
The Committee is also working on the Philippines being a state party to the ILO Convention
169 or the Indigenous and Tribal Peoples Convention and has began the work of creating a
comprehensive Law on Anti-Discrimination on the grounds of race, color, descent or national
or ethnic origin, covering all Constitutionally-protected rights and freedoms.
The exhibit we just inaugurated is but a single reminder of their importance and respect we
should accord our indigenous people.
As the culminating activity of the National Indigenous Peoples' Month, let us take a look at
the history of our indigenous peoples as well as experience and learn of their present lives in
order to carve our future as one people. Let us all work together to hear the chants of our
elders, move with the dances to the deities, weave organic fabrics, learn sustainable
agriculture and cure sickness through healing methods that have stood the test of time. Let
us preserve our distinct heritage, our Filipino ancestral wisdom, and take pride in our
country's cultural diversity.
"All told, the resident Atis of Boracay Island, Malay, Aklan cannot be summarily relocated
without their free, prior and informed consent..." lawyer Sulpicio Gamosa Jr., NCIP regional
hearing officer, said in his 81-page decision promulgated Friday, April 28, 2006.
The case stemmed from a complaint filed by Chieftain Delsa Justo in behalf of the
Ati indigenous cultural community in Boracay island. At present, according to the
decision, there are 42 Ati families living in 36 houses situated inside the community
located in Sitio Bolabog in Barangay Balabag. There are seven more houses
belonging to the Atis located a kilometer away from the community.
In her handwritten complaint dated February 17, 2005 addressed to Attorney Ruben Dasay
Lingating, chair of the NCIP, Justo alleged that Nathaniel Sacapaño, acting on behalf of Aklan
Representative Joven Miraflores and Prospera Yap, had asked them to leave the land on which
their community stands.
Miraflores and Yap are claiming ownership of the land based on tax declarations issued to them
by the Provincial Assessor's Office of Aklan.
To prevent adverse claimants and the government from evicting the indigenous settlers of the
white-sand tourist haven, Gamosa ordered that the Writ of Preliminary Injunction issued April 29
last year be made permanent against holders of tax declarations and/or adverse claimants, the
provincial government of Aklan, the municipal government of Malay, the barangay council of
Barangay Balabag, Malay, Aklan, the Philippine Tourism Authority and the Department of
Environment and Natural Resources.
"The gist of (the) decision is that defendants (are) permanently enjoined from summarily evicting
the Atis without the benefit of a court order, pending the resolution of the two Ati CADT
(Certificate of Ancestral Domain Title) petitions," Gamosa said in a text message to The News
Today. The decision is also without prejudice to whatever is the decision of the Supreme Court's
second division in a related pending case on the effect of the declaration of then President
Ferdinand Marcos making all lands in the island inalienable and indisposable.
"Now, if only this humble judgment on the issue of possession would make the Atis break into
gentle smiles, albeit temporarily, and not merely for posterity's sake, and everyone can see that
their teeth are in fact brightly white, just like the white beaches of Boracay-their home, their
land, their life," the decision further said.
It was stressed though that "...may it be clarified that in taking action on this case, the NCIP is
not out to sabotage the Government's tourism industry."
Gamosa, citing the decision of the Court of Appeals in the 2004 case of City of Mayor of Baguio
City, et al. versus Atty. Brain Masweng, NCIP-CAR regional hearing officer, et al., decided that
"...the NCIP through its Regional Hearing Officers has the authority to prevent the demolition of
the houses of ICCs/ IPs (Indigenous Cultural Communities/Indigenous Peoples) while these
applications for CADTs are still pending." Moreover, he upheld the supremacy of the Atis' native
title to their ancestral domain over tax declarations.
According to the decision, the Atis were the original settlers of the 1,038.82 hectare island. The
influx of foreigners and the economic transformation of Boracay drove the natives into the
interior of the island until they were relocated in their present community.
According to the decision, "Unlike the Visayans, the Ati people had not made claims to a piece
of land through a tax declarations, which was unknown to them and their elders who did not
know how to read and write. They were more concerned with looking for food unmindful that,
later on, they would become 'squatters in their own land'."
Are indigenous people exploited when they perform their cultural traditions for awareness
purposes?
This is one of the issues that the Dayaw Festival 2010 would address in Kalikhasan In Flux:
Cultural Creativity in a Changing Environment on Oct. 20-23, 2010. The event coincides with
Indigenous People’s month in October.
Abaya added that the word dayaw means honor or pride in Ilokano and appreciation or
recognition in Visayan.
“Itong Dayaw ang magbibigay ng venue sa kanila para magparticipate at magkaroon ng face to
face interaction with a broader community,” said Abaya.
The festival, which will be held in Manila this year, aims to bring 110 leaders of indigenous
ethnic groups in the country and showcase their culture and traditions through Palabas (series of
performances), Sulyap (art exhibit) and Suri (forums).
“Lahat tayo’y may pinagmulang tribo na mayroong mga tradisyon. Dapat natin itong ipamahagi
at ipalaganap sa ating kabataan kasi sila ang ating repository,” said Dr. Vilma Labrador,
chairperson of the National Commission for Culture and the Arts.
Karagdagan (Digital Print on Sintra Board/Original in acrylic canvas) by Boy Dominguez
The performances will be brought to five schools: University of the East-Manila, Paco Catholic
School, St. Pedro Poveda College, St. Scholastica’s College and St. Paul’s College Makati.
“We’re bringing 30 performers from different ethnic groups from all over the country. We’re
holding it this year in Manila for our students to see and learn what the dances are,” said
Domingo Bakila, head of the NCCA Sub-commission on Cultural Communities and Traditional
Arts.
In the past years, the Indigenous People’s month was celebrated in Davao City (Kalimudan in
2007), Santiago City in Isabela (Timpuyog in 2008), Roxas City, Capiz (Dungog in 2009).
“We want to clarify the misconceptions of the students about the Indigenous People. They are
also Filipinos like us. They should not be stereotyped as others,” added Bakila.
Beauty queen Maria Venus Raj, who won as 4th runner-up in the Miss Universe pageant,
admitted that she doesn’t know much about Filipino ethnic tribes.
“Sobrang laking tulong nitong festival na ginagawa natin. Minsan kasi alam ng kabataan yung
culture ng ibang bansa pero nakakalimutan na may sarili pala tayong kultura,” said Raj, adding,
“Ang ganda ng culture natin, pwede pala nating i-preserve, sobrang ganda. Amazing!
Overwhelmed ako.
SALUNGGUHIT
The Aquino government continues to implement Arroyo’s National Minerals Policy, said
Malayao added.
By RONALYN V. OLEA
Bulatlat.com
MANILA – For the indigenous peoples in the Philippines, the year 2010 is a continuation of their struggle
for land, their right to self-determination and their most basic human rights.
In August, leaders of the Kalipunan ng mga Katutubong Mamamayan ng Pilipinas (KAMP or Alliance of
Indigenous Peoples) submitted an indigenous peoples (IP) agenda to President Benigno S. Aquino III.
Their demands include: Stop the plunder of ancestral domain, stop all destructive projects, repeal the
Indigenous People’s Rights Act (RA 8371), end militarization and violations of IP rights, justice for IPs
whose rights were violated, uphold the integrity of the partylist system that is infiltrated by government
and military-backed lumads, advance peace talks, and implement international agreements that the
None of their demands have so far been acted upon by the new administration.
Large-scale mining continues to threaten the lives and livelihood of indigenous peoples (IP).
The Aquino government continues to implement Arroyo’s National Minerals Policy, said Piya Malayao,
spokeswoman of KAMP, in an interview with Bulatlat. “The priority mining projects remain. Out of the 62
areas identified for mining, 39 are IP lands,” Malayao said. “Aquino’s private-public partnerships would
further hasten foreign investments on mining at the expense of indigenous peoples,” Malayao added.
KAMP is a national federation of indigenous people’s groups with 285 local organizations from 41
provinces nationwide.
Citing data from the Mineral and Geosciences Bureau (MGB), KAMP said that from January 1 to June 29
this year, 54 mining explorations, sharing agreements, processing permits and other mining agreements
covering IP lands were approved and renewed. Under the five-month old Aquino presidency, more than
“President Aquino praised the past administration’s ‘achievements’ in the mining sector, notwithstanding
the tremendous environmental and social impact of large-scale mines to communities. Accompanied by
militarization, corporate mining caused the largest distress among indigenous peoples during Arroyo’s
Malayao, an Igorot from Bontoc, Mountain Province, said Aquino’s private-public partnerships (PPPs)
KAMP criticized Aquino for supporting mining and ‘paying lip service to IP rights’ through the Free, Prior,
and Informed Consent (FPIC) process enshrined in the Indigenous People’s Rights Act (RA 8371.) The
FPIC process requires mining companies to secure the community’s permission before exploring ancestral
domains.
“Mere consent is not what we are seeking. We demand genuine respect for our rights to land and
resources,” Malayao said. “Our rights encompass not only the economic, but cultural, social and political
as well.”??The young IP leader said the National Commission on Indigenous Peoples (NCIP) has not
upheld the rights of the IP but has ‘consistently collaborated with mining corporations.’
Malayao cited the case of Tampakan gold mining. She said the NCIP facilitated what she calls bogus
consultations between Sagittarius Mines Inc. (SMI) and some of the IP leaders in Columbio, Sultan
Kudararat. “SMI exploited the poverty of the B’laan tribe, offered them scholarships and health services,
built roads, provided vehicles for transportation and gave out seedlings for livelihood,” Malayao said,
adding that these ‘bribes’ and the mining company’s failure to disclose the possible negative impact and
other information about their operations violate the principles of the FPIC.
In the Cordillera, particularly in Benguet province, Malayao said mining companies, faced with opposition
“The little acknowledgement by which Aquino regards indigenous peoples is demeaning to the centuries
of struggle of our people,” Malayao said. “To merely ‘study’ the FPIC process is way below the mark. Our
communities are being ravaged, militarized, and our people have been killed to give way to mining
interests. We demand no less than a revocation of mining permits in indigenous communities resisting
mining plunder.”
In Mindanao, the island’s remaining resources are under threat of aggressive expansion of agri-business
investments, energy projects and open-pit mining operations. Datu Monico Cayog, chairperson of Kusog
sa Katawhang Lumad (Kalumaran) and a Bagobo leader in Davao del Sur, said Lumad ancestral lands
have also been attractive sites for dam and energy projects like the Pulangi V Project in Bukidnon-North
Cotabato and Agus Dam; mining and logging in Compostela Valley, Davao Oriental and Caraga region
among others.
Rights Abuses
Under the Aquino administration, three Dumagat from Montalban, Rizal have become victims of
extrajudicial killings. On July 19, Dumagat farmers Benita San Jose, Demilita Largo and Edward Galman
Another Dumagat, Eddie Cruz, has been arrested in June by the same soldiers who slept at their nipa hut
in Rodriguez, Rizal . Cruz, along with two others, were tagged as members of the New People’s Army
(NPA), armed wing of the Communist Party of the Philippines. He is still languishing in jail at Camp
Bagong Diwa.
Of the 43 health workers arrested on Feb. 6 or the so-called Morong 43, three are IPs. Ray-on Among is a
Mangyan; Angela Doloricon is an Igorot and John Mark Barrientos is half-Dumagat. While Among and
Doloricon were freed this December, along with 31 others, Barrientos remains under military captivity at
Malayao said IP communities are afflicted by heavy military operations. “The soldiers would stay in the
communities, steal livestock and in some instances, burn down houses of indigenous peoples,” she said.
“Mauling by soldiers is common and some IPs are being used as guide to so-called NPA camps,” she
added.
Malayao added that IPs are being recruited to paramilitary units such as Citizens Armed Force
Geographical Unit (Cafgu), Civilian Volunteer Organization (CVO) and particularly in Mindanao, to Task
Force Gantangan. Malayao said that under the guise of counterinsurgency operations, IPs are being used
against IPs.
According to KAMP, there are 139 IP victims of extrajudicial killings from 2001. Malayao said they
demand justice for all the victims of human rights abuses under the Arroyo government.
Discrimination
Besides mining, development aggression and human rights violations, IPs continue to face discrimination.
One such instance is the way three Igorots were treated by the security escorts of former US President Bill
Clinton during a forum in Manila in November. The Igorots were forced to leave the venue of the forum
Malayao also criticized ecotourism in IP communities saying that it corrupts their culture. “While they say
that it promotes our culture, it is in fact a bastardization of our culture because the meaning is lost.”
She said that even as the Ifugao rice terraces is considered a tourist spot, the government has not
Continuing Resistance
Malayao said that in 2010, IP communities continued to resist mining and development aggression.
KAMP has identified Ancestral Land at Risk of Mining (Alarm) sites such as in Bakun, Benguet,
Malayao said due to lobbying of IP groups, the House Committee on National Cultural Communities
adopted a resolution calling for a moratorium on mining operations. Teddy Baguilat Jr., representative of
In November, IP groups formed the IP Movement for Right to Self-Determination and Liberation, an
On Dec. 5, Lumad organizations called for pigsapaan, a vow to defend land versus militarization.
“We are challenged to continue organizing and strengthening our organizations, to remain vigilant toward
deception and attacks on our rights. We would continue to assert our collective rights as indigenous
Una, para sa mga katutubo, buhay na buhay sa kanilang kaisipan na ang lahat ng
yaman ng lupa, at lahat ng nilikha ay nagmula sa isang dakilang kapangyarihan, sa
Diyos na lumalang. Kaya nga ang biyayang bigay ay sagrado at hindi dapat
lapastanganin dahil ang bawat nilalang ay may taglay na diwa ng maykapal. Kaya
nga kinakailangan ang pahintulot ng Lumikha kung magpuputol ng puno, laging
may ritwal at panalangin sa panahon ng pagtatanim at pag-aani sa kaingin. Maging
ang buong kalikasan – ilog, bundok, dagat, parang – ay may bahaging-buhay ng
Dakilang Lumalang.
Pangalawa, dahil sa ang buong nilikha ay biyaya, walang sinuman ang maaring
lubos na magmay-ari ng mga bagay sa lupa. Ang lupa ay pag-aari ng Lumikha,
kaya ang tao ay gumaganap lang ng tungkulin bilang tagapamahala. Kaugnay nito,
anumang pwedeng pakinabangan sa bunga ng lupa ay para sa lahat, dahil ang
biyaya ay inilalaan ng Diyos para sa lahat, hindi lang sa iilan. Para sa mga
Mangyan, bahagi ng kanilang gawi ang pagbibigayan at isang napakalaking
kasalanan ang maging makasarili.
Ayon sa pananalita nng yumaong Papa Juan Pablo II: “Ang batayang kaugnayan ng
mga katutubo sa lupa at kalikasan ay dapat laging isaalang-alang, dahil ito ang
tanging pagpapahayag ng kanilang pagkatao...Ang mga katutubo ang siyang
nagbibigay ng mabuting halimbawa kung paano mamuhay nang may maayos na
kaugnayan sa kalikasan na natutunan nilang unawain at pangalagaan.”