INDIGENOUS PEOPLE

INDIGENOUS PEOPLE

OBJECTIVES
At the end of the session, learners are expected to:
• Examine the political, social, economic and cultural impacts of globalization from an indigenous peoples’
perspective
• Compare various forms of indigenous resistance to globalization
• Identify and describe the main human rights mechanisms protecting indigenous rights
• Assess the tension between globalization ideologies and indigenous worldviews
THE PHILIPPINES
POPULATION: 100 MILLION
LAND AREA: 300,000 SQ. KM.
7,641 ISLANDS
LEGAL SYSTEM: CIVIL LAW
§ No actual count - estimated number
is 12.8 million (1995)
IPs of the Philippines
§ The IPs comprise 17 percent of the total
Philippine population
§ Majority are in Mindanao

§Luz on 3 6 %

§ Min d a n a o 6 1 %

§ V is a y a s 3 %
Philippine Indigenous Peoples
§ 110 Ethnolinguistic
Groups

ETHNOGRAPHIC REGIONS
CAR and Region I

Region II

Region III and Rest of

Luzon

Island Group

Southern and Eastern

Mindanao

Central Mindanao

Northern and Western

Mindanao
 REGION II,
CARABALLO
MOUNTAINS
CORDILLERA & lvatan, Itbayat, Agta,
REGION I Malaweg, Ibanag,
Isnag, Kalinga, Bontok, Gaddang, Iwak,
Tinguian, Kankanaey, Bugkalot, Isinai, Yogad,
Ifugao, Ibaloi, Balangao, Dumagat, Itawis,
Karao, Bago , Kalanguya Kalanguya, Paranan
REST OF LUZON,
ISLAND GROUPS
SIERRA MADRE
Mindoro Mangyan:
MOUNTAINS
Iraya, Alangan, Batangan,
Aeta, Atta, Abelling,
Bangon, Tadyawan, Buhid,
Aburlin, Sambal,
Hanuno, Ratagnon,
Dumagat, Remontado,
Gubatnon. Palawan:
Cimaron, Itom,
Tagbanua, Kalamianen,
Kabihug, Tabangnon,
Agutaynon, Kagayanen,
Abiya, Isarog
Kuyonen, Palawanon,
Molbog, Batak, Tao’t Bato.
SOUTHERN &
Visayas: Bantoanon,
EASTERN MINDANAO
Sulod/ Bukidnon,
Mamanwa, Manobo,
Magahat, Ati, Ata,
Mandaya, Mansaka,
Escaya, Dagayanen,
Bagobo, Dibabawon,
Korolanos
Banwaon, Talaingod,
NORTHERN & Higaonon, Tagabawa,
WESTERN MINDANAO Mangguangan,
Subanen, Manobo, Tigwahanon, Isamal
Higaonon, Matigsalug,
Kamigin, Tigwahanon, CENTRAL
Badjao, Kalibugan MINDANAO
Muslim IPs: Tausog, B’laan, Manobo,
Sama, Yakan, Jama Aromanon, T’boli,
Mapun Teduray, Bagobo, Ubo,
Lambangian, Sangil
Muslim IPs:
Maguindanaon,
§ 5 MILLION HECTARES § 12 MILLION IPs § 110 ETHNOLINGUISTIC GROUPS Maranao, Iranon
Legal Framework: The 1987 Constitution
§ Sec. 22 of Art. II
The State recognizes
and promotes the rights
of indigenous cultural
communities within the
framework of national
unity and development.
 The 1987 Constitution (cont.)
§ Sec. 5 of Art. XII
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.

The Congress may provide for the

applicability of customary laws
governing property rights or
relations in determining the
ownership and extent of ancestral
domain.
 The 1987 Constitution (cont.)
§ Sec. 6 of Art. XIII
The State shall apply the
principles of agrarian reform
or stewardship, whenever
applicable in accordance with
law, in the disposition or
utilization of other natural
resources, including lands of
the public domain under lease
or concession suitable to
agriculture, subject to prior
rights, homestead rights of
small settlers, and the rights
of indigenous communities to
their ancestral lands.
The 1987 Constitution (cont.)
§ Sec. 17 of Art. XIV
The State shall recognize,
respect, and protect the
rights of indigenous cultural
communities to preserve
and develop their cultures,
traditions, and institutions. It
shall consider these rights in
the formulation of national
plans and policies.
§ Legal Bases
Ÿ 1987 Constitution
Ÿ ILO Convention
169
Ÿ Draft Declaration
on the Rights of
Indigenous
Peoples
Ÿ Native Title
Indigenous Peoples Rights
under the IPRA
§ Land and Resource Rights
Ÿ Ancestral Domains
Ÿ Ancestral Lands
§ Social Justice and Human
Rights
§ Self-Governance and
Empowerment
§ Cultural Integrity
Bundles of Rights under IPRA
1) Rights to Ancestral Domains and Lands
2) Rights to Self-Governance and Empowerment
3) Rights to Social Justice and Human Rights
4) Rights to Cultural Integrity
Source: Sections 4 –37 of IPRA
Right to Ancestral Domains/Lands

Ownership (native title); To develop and

manage lands and natural resources; Stay in
territories; In case of displacement; Regulate
entry of migrants; Claim reservations; Safe and
clean air and water; Resolve conflicts through
customary law; FPIC
§ Freely pursue their economic, social and cultural
development; Use commonly accepted justice
systems, conflict resolution institutions, peace building
mechanisms and other customary laws
§ Participate in decision-making that may affect their lives
and to maintain and develop their own indigenous
political structures
§ Representation in policy-making bodies and local
legislative councils
§ Determine their own priorities for development
§ To organize (IPO)
§ To be granted means to develop their own institutions and
initiatives
Right to Social Justice & Human Rights
§ Equal protection and non-discrimination. The
fundamental human rights and freedoms enshrined in
the constitution and relevant international instruments
are guaranteed to ICCs/IPs
§ Rights during armed conflict
§ Non-discrimination and equal opportunity and treatment
§ Basic Services
§ Integrated system of education
§ Rights of women, youth and children
Right to Cultural Integrity
§ To preserve & protect their culture, traditions and institutions
§ Access to various cultural opportunities
§ Dignity and diversity of cultures
§ Community intellectual rights
§ Religious, cultural sites and ceremonies
§ IKSPs and develop their own science & technologies
§ Protect their resources and FPIC
§ Sustainable agro-technological development
§ Funds for archeological, historical sites & artifacts
§ The primary implementing agency of IPRA
§ It has 7 Commissioners appointed by the President one for each
ethnographic regions: Region I & Cordilleras; Region II; Rest of
Luzon; Island Groups including Mindoro, Palawan, Romblon,
Panay and the rest of the Visayas; Northern and Western
Mindanao; Southern and Eastern Mindanao; Central Mindanao
§ NCIP exercises administrative, quasi-legislative & quasi-judicial
functions/powers
NCIP Organizational Structure

Office of the President

Commission en banc
Chairman Consultative Body

Executive Director

7 Bureaus 13 regional Offices

46 Provincial Offices

108 Community Service Centers

NCIP Powers and Functions
qTo serve as the primary government agency through
which ICC/IPs can seek government assistance and as
the medium, through which such assistance can be
extended
qTo formulate and implement policies, plans, programs
and projects for the economic, social and cultural
development of the ICCs/IPs and to monitor the
implementation thereof
NCIP Powers and Functions
qTo issue ancestral land/domain titles
qTo issue certification as a pre-condition to the grant
of permit, lease, grant, or any other similar authority
for the disposition, utilization, management and
appropriation of the ancestral domain after the
getting the mandatory consensus approval of the
ICCs/IPs
NCIP Powers and Functions

qTo convene periodic assemblies of IPs to

review, assess as well as propose policies or
plans
qTo decide all appeals from the decisions
and acts of the various offices within the
Commission and overall claims and
disputes involving rights of IPs
Implementing Guidelines
(Administrative Orders/Circulars)
q AO2, s. 2002 qTitling of Ancestral Domain Claims
q AO3, s. 2002 qIssuance of Free and Prior
Informed Consent
q AC1, s. 2003 qRules and Procedures of Pleadings
q AO1, s. 2003 qConvening of the Indigenous
Peoples Consultative Body
q AO1, s. 2004 qFormulation of the Ancestral
Domains Sustainable Development
and Protection Plan
Major Programs of NCIP
§ Land Tenure Security (Certificate of Ancestral
Domain / Land Title – CADT/CALT)
§ Establishing Model AD Communities through
Development and Peace
§ Enforcement of Human Rights and
Empowerment of IPs
Land Tenure Security (Quasi-Judicial Function)

§ Titling and delineation of Ancestral Domains

Issuance of CADTs/CALTs and its
Registration to Land Registration Authority
§ Adjudication of cases
Basic Steps: Delineation and Titling Ancestral Domains

qWritten Testimony of elders/leaders

qProof of since time-immemorial possession
qUse of self-delineation in ground survey and
mapping of ancestral domain boundaries
qValidation and publication of the survey plan
with technical description
qApproval and registration of title
§ Development of Ancestral Domains through the Ancestral Domains
Sustainable Development Protection Plan (ADSDPP)
§ Development of People and Communities through:
- Coordination in the delivery of Basic Services, especially Livelihood
Support, Health Care, Relief and Rehabilitation in case of Disaster
and Calamities
- Educational Assistance
- Bridging International Agencies Support Services
§ Protection and Enhancement of the Cultural Heritage of the
Indigenous Peoples
§ Cultural Mapping of all IP Communities
Basic Steps: Formulation of Ancestral Domain
Sustainable Development and Protection Plans
qOrganization of community planning teams
q Data gathering and assessment
qGoals and objective setting
qProgram/project identification and investment
planning
q Plan promotion/marketing
Enforcement of Human Rights and
Empowerment of IPs (Adm. Function)
§ Assistance in the Resolution of conflicts thru
Customary Laws and Tradition and Practices
§ Facilitation in Obtaining the FPIC of IPs where
needed
§ Legal Assistance involving Community Interest
§ Constitution of Consultative Body (CB)
§ Quick Response Mechanism to Address
Emergency Cases (STRAT-QRU)
Basic Steps: Issuance of
Certification as Pre-condition
qConduct of Field-Based Investigation
qConsensus Building for the issuance of
FREE AND PRIOR INFORMED
CONSENT
qNegotiations on the terms and
conditions for the Memorandum of
Agreement prior to the written consent
 IPRA: Status of Implementation
§ Cruz v. NCIP
Ÿ Filed 1997 - Challenging constitutionality of IPRA
Ÿ Decided 6 December 2000 - Constitutionality upheld
§ NCIP
Ÿ An Administrative Body established on 22 Nov 1997, pursuant
to the IPRA
Ÿ Mandate: Protect and promote the interest and well being of the
ICCs/IPs with due regard to their beliefs, customs, traditions and
institutions.
Ÿ Budget Allocation: PHP 400 million or USD 7.5 million per year
IPRA: Status of Implementation

§ Land Rights
57 CADTs = 1,116,260.5047 has.
172 CALTs= 4,838.2352 has.
Total area of approved CADTs & CALTs =
1,121,098.7381 has.
§ Current Situation: Ancestral Domain/Land
PERCENTAGE OF APPROVED CADTs/CALTs
OVER ESTIMATED TARGET OF ADs
CADT/CALT
applications
§4,878,883.65 Has.
§81% of total CADT/CALT
target Issuance
§ 57 CADTs & 171
81 % of 6M CALTs
§ 1,121,116.35Has.
19%
§ 245,154 Rights
Holders
§ 19% of total target
IPRA: Status of Implementation

§ Social Justice and Human Rights

Ÿ Ancestral Domain Sustainable
Development Protection Plan (ADSDPP)
formulated for 21 areas (85 areas -
ongoing formulation)
§ Status of ADSDPP Formulation
Particular No
No. of Areas with formulated ADSDPP 21

Ongoing ADSDPP formulation or IPCDP under 25

JSDF_IP
Ongoing ADSDPP formulation under IFAD- 16
NMCIREMP
Ongoing ADSDPP formulation under UNDP-IP- 10
EIPSDADS
Ongoing ADSDPP formulation under 12
NAPOCOR
Ongoing ADSDPP formulation under NCIP 24
Regular Funds
TOTAL 106
IPRA: Status of Implementation

§ Self-Governance and Empowerment

Ÿ 34 Recognized Indigenous Peoples Organizations
Ÿ Tribal customary law used for conflicts where
parties are indigenous
Ÿ Indigenous Peoples Consultative Body (IPCB)
§ Cultural Integrity
Ÿ Small-scale livelihood projects
Ÿ Educational Assistance Program - 11,222
grantees
Policy Gaps on Governance
q No official, reliable baseline information on the
poverty profile and gender disaggregated data of the
IP population
q Unstable policy environment and insufficient enabling
conditions for genuine implementation of IPRA
q Need to increase awareness on, and recognition of,
traditional socio-political institutions and structures
and customary laws for civil peace building
q Strengthening of institutional and human resource
capacities of NCIP to fulfill its mandate are not fully
addressed
Policy Gaps on Gender
q Absence of gender perspective on program
and policy planning and development
q Limited participation of IP women in
traditional and formal political institutions
q Economic marginalization, political
subordination and multiple burden among IP
women
q Prevalence of abuse and violence against
women (VAW) in most IP communities