PEACE MONITOR

AN ISSUE DIGEST OF THE POLICY GROUP

October 2015

Volume II, Issue No. 4

Basic Rights in Crosscutting Themes: Indigenous Peoples

Who are the indigenous peoples (IPs)?
The United Nations (UN) does not have an official definition of this term. Article XII, Section 5: The State shall protect the rights of indigenous
However, the following characteristics are widely accepted:
cultural communities to their ancestral lands to ensure their economic,
cultural and social well-being. The Congress may provide for the
Self-identification as IPs at the individual level and accepted by the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.
community as their member;
Historical continuity with pre-colonial and/or pre-settler societies;
The Indigenous Peoples Rights Act (IPRA)
Strong link to natural resources;
Distinct social, economic, or political systems;
In 1997 RA 8371, the IPRA, was enacted. It recognizes IP rights to selfdetermination, ancestral domains, applicability of customary laws
Distinct language, culture and beliefs;
pertaining to property rights, to self-determined development, and to
Form non-dominant groups of society; and
free, prior, and informed consent (FPIC) in relation to development
Resolve to maintain and reproduce their ancestral environments as interventions which may affect them or their lands. It also provides
distinctive peoples and communities.
tenurial security to their community with the issuance of Certificates of
Ancestral Domain Titles (CADT) and Certificates of Ancestral Land
The UN Permanent Forum on Indigenous Issues factsheet adds:
Titles (CALT). Furthermore, it recognizes ownership over traditional
territories which includes land, bodies of water, and the natural
IPs are the holders of unique languages, knowledge systems and beliefs resources found therein.
and possess invaluable knowledge of practices for the sustainable
management of their natural resources. They have a special relation to IPs and the proposed Bangsamoro Basic Law (BBL)
and use of their traditional land. Their ancestral land has a fundamental
importance for their collective physical and cultural survival as peoples. The proposed Bangsamoro Government recognizes the rights of IPs,
IPs hold their own concepts of development based on their traditional and shall adopt measures for the promotion and protection of their
values, visions, needs and priorities.
rights, the right to their native titles and/or fusaka inged, indigenous
customs and traditions, justice systems and indigenous political
Article 33 of the United Nations Declaration on the Right of Indigenous structures, the right to an equitable share in revenues from the utilization
Peoples (UNDRIP) states:
of resources in their ancestral lands, the right to free and prior informed
consent, right to political participation in the proposed Bangsamoro
IPs have the right to determine their own identity and membership Government including reserved seats for the indigenous peoples in the
in accordance with their customs and traditions. This does not Bangsamoro Parliament, the right to basic services and the right to
impair the right of indigenous individuals to obtain citizenship of the freedom of choice as to their identity (Art. IX, Sec. 5).
states in which they live.
IPs have the right to determine the structures and to select the IPs as Most Vulnerable Group (MVG)
memberships of their institutions in accordance with their own
The IPs are considered among the countrys MVGs, which also include
procedures.
women, children, elderly, and persons with disabilities. They are
considered as such as they do not have sufficient economic and political
Who are the IPs in the Philippines?
resources which will allow them to practice their customs and traditions
In 2007, there were an estimated 12 million IPs in the Philippines, freely in the entire range of land and waters which they considered their
representing nearly 14% of the Philippine population. A vast majority of domains since time immemorial. They also have not achieved equality in
them reside in the uplands, most of which they claim as their ancestral the sense that special laws such as the IPRA have to be enacted for
domain. There are an estimated 110 major indigenous groups. Most of their welfare. When lands for progress (i.e. mining) have to be
them depend on traditional swidden agriculture. However, most of them developed, the IPs ancestral lands and domain are usually the first to
do not have legal titles to their ancestral lands or domains, limiting their be targeted.
ability to conduct their daily lives and are even denied access to forests
and waters which traditionally form part of their subsistence and very In situations of conflict, IPs are among the largest and most
existence. Furthermore, they are among the poorest and most socially disadvantaged groups of internally displaced persons (IDP). They are
disadvantaged groups in Philippine society. Illiteracy, unemployment vulnerable as targets of recruitment by insurgents and their lands are
and incidence of poverty are much higher among them than the rest of often subject of the conflict itself. Furthermore, armed encounters
the population. IP settlements are remote, without access to basic between government forces and rebels often occur within or at the
services, and are characterized by a high incidence of morbidity, peripheries of these lands, hence entire IP communities are caught in
the crossfire and are forced to evacuate.
mortality and malnutrition (De Vera, 2007).
The plight of IPs is extremely complex. In addressing their situation, the
factors of culture, history, and relationship with their lands have to be
considered in an integrated manner. Allowing them the same political
The Philippine Constitution of 1987 contains the following sections:
Article II, Section 22: The state recognizes and promotes the rights of status and citizenship rights as the majority without discrimination and
indigenous cultural communities within the framework of national unity recognizing their role in the development of the nation is a step towards
the right direction.
and development.
What laws support the IP?

Sources:
1. United Nations Permanent Forum on Indigenous Issues. Indigenous Peoples, Indigenous Voices.
2. De Vera, David. Indigenous Peoples in the Philippines, a Country Case Study. Presented at the RNIP Regional Assembly, Hanoi, Vietnam, August 20-26, 2007.
3. Carino, Jacqueline. Country Technical Note on Indigenous Peoples Issues. International Fund for Agricultural Development, 2012.

Brown Bag Session on IP Rights | 14 October 2015 (Wednesday) | 01:00 PM | 7/F Kapayapaan Conference Room