Professional Documents
Culture Documents
No.
55
Ferguson
Road,
2600
Baguio
City,
Philippines
Tel.
No.
(63)
74
422
9754,
Email:
cpa@cpaphils.org,
chra.karapatan@gmail.com
June
8,
2018
Madame
Victoria
Tauli-‐Corpuz
Special
Rapporteur
on
the
Rights
of
Indigenous
Peoples
United
Nations
Dear
Madame:
The
situation
of
indigenous
peoples
in
the
Cordillera
continues
to
mirror
institutional
discrimination
against
our
peoples.
With
development
aggression
and
militarization
plaguing
the
region
at
a
more
aggressive
pace
set
by
the
Philippine
government’s
laws
and
policies,
there
is
a
need
for
the
United
Nations
to
remind
and
compel
the
Philippine
government
to
comply
with
its
obligations
to
all
human
rights
and
international
humanitarian
law,
treaties
and
conventions
that
it
is
a
signatory
to,
including
the
UN
Declaration
on
the
Rights
of
Indigenous
Peoples.
It
is
most
relevant
now
to
review
the
following
recommendations
of
former
Special
Rapporteur
Rodolfo
Stavenhagen
who
conducted
the
last
country
visit
to
the
Philippines
(2003)
and
whose
recommendations
were
upheld
by
subsequent
other
UN
reports
and
Universal
Periodic
Reviews
on
the
Philippines.
Fifteen
years
after
the
last
country
visit,
these
are
some
of
the
following
recommendations
that
should
still
be
reiterated
to
the
Philippine
government:
• That
resolving
land
rights
issues
should
at
all
times
take
priority
over
commercial
development.
There
needs
to
be
recognition
not
only
in
law
but
also
in
practice
of
the
prior
right
of
traditional
communities.
The
idea
of
prior
right
being
granted
to
a
mining
or
other
business
company
rather
than
to
a
community
that
has
held
and
cared
for
the
land
over
generations
must
be
stopped,
as
it
brings
the
whole
system
of
protection
of
human
rights
of
indigenous
peoples
into
disrepute.
Bringing
justice
to
indigenous
communities
in
the
area
of
land
rights
is
the
great
historical
responsibility
of
the
present
Government
of
the
Philippines;
The
Cordillera
remains
a
resource-‐base
for
profit
by
big
local
and
multinational
corporations.
Land
use
and
ownership
continues
to
be
based
on
the
Regalian
Doctrine
and
other
oppressive
land
laws.
There
are
presently
102
pending
mining
applications
covering
649,230
hectares,
the
largest
of
which
is
from
the
Cordillera
Exploration
Company,
Inc.
(CEXCI),
a
subsidiary
of
multi-‐national
company
Nickel
Asia
which
has
already
plundered
ancestral
lands
in
Palawan
and
Mindanao.
These
are
in
addition
to
the
existing
mining
operations
of
Lepanto,
Philex
and
Benguet
Corporation.
Energy
companies
Hedcor,
SN
Aboitiz,
First
Gen,
Chevron,
Pan
Pacific
Renewable
Power
1
Philippines,
San
Lorenzo,
Asia
Pacific
and
Quadriver
threaten
our
rivers
and
mountains
with
destructive
hydropower
and
geothermal
projects.
The
Chico
River
Irrigation
Project
is
being
revived
as
well.
Furthermore,
enshrined
provisions
on
the
recognition
of
ancestral
land
rights
are
threatened
with
the
proposed
Charter
amendments
aiming
to
remove
the
protectionist
economic
provisions
enshrined
in
the
1987
Constitution,
including
provisions
on
ancestral
land
(Art.
VII,Sec.
5)
and
regional
autonomy
(Art.X,
Sec.
15),
which
the
Cordillera
Peoples
Alliance
lobbied
for
in
the
1986
Constitutional
Commission.
The
proposed
amendments
also
allow
100%
foreign
ownership
of
lands
and
100%
foreign
owned
corporations
to
exploit
our
natural
resources,
which
are
prohibited
under
the
current
Constitution.
• That
the
Government
of
the
Philippines
carry
out
a
prompt
and
effective
investigation
of
the
numerous
human
rights
violations
committed
against
indigenous
peoples,
which
have
been
documented
by
human
rights
organizations
and
special
fact-‐finding
missions.
The
Special
Rapporteur
further
urges
the
Government
to
take
all
necessary
measures
to
prevent
a
recurrence
of
human
rights
violations;
In
2017,
two
fact-‐finding
missions
were
held
in
(1)
Ifugao
–
to
gather
data
on
the
forced
evacuation
of
villagers
from
Nalapunan1
and
(2)
Abra
–
to
document
the
effects
of
the
indiscriminate
airstrikes
in
Malibcong2.
Of
these,
we
would
like
to
highlight
the
urgent
need
for
further
investigation
on
the
use
of
white
phosphorus
bombs
by
the
Armed
Forces
of
the
Philippines3
as
an
international
humanitarian
law
violation.
While
the
Commission
on
Human
Rights
in
the
region
has
issued
an
advisory4
regarding
the
incident,
it
did
not
define
the
use
of
the
incendiary
weapon
as
a
violation
and
did
not
come
up
with
a
strong
recommendation
to
cease
the
use
of
it.
• Given
the
severity
of
the
various
alleged
human
rights
abuses
and
the
divisive
effects
on
indigenous
communities
caused
by
irregular
military
units
or
paramilitary
groups,
the
Special
Rapporteur
urges
that
CAFGUs
be
withdrawn
from
indigenous
areas
altogether,
within
the
framework
of
a
national
programme
to
demilitarize
indigenous
peoples’
territories.
Furthermore,
the
Special
Rapporteur
recommends
that
the
Government
of
the
Philippines
take
maximum
caution
to
protect
indigenous
peoples’
rights
during
its
military
operations,
in
accordance
with
international
humanitarian
standards;
1
Fact
Finding
Mission
Report:
Ifugao
Peace
Mission:
The
Struggle
for
Just
and
Lasting
Peace
and
The
Cost
of
Civil
War
by
the
Ifugao
Peasant
Movement
and
the
Cordillera
Human
Rights
Alliance
2
Fact
Finding
Mission
Report:
Abra
Peace
Mission:
We
Want
Genuine
Peace
In
our
Land
3
Using
white
phosphorous
as
an
incendiary
weapon,
i.e.
to
set
fire
to
military
targets,
is
subject
to
further
restrictions.
The
use
of
such
white
phosphorous
weapons
against
any
military
objective
within
concentrations
of
civilians
is
prohibited
unless
the
military
objective
is
clearly
separated
from
the
civilians.
The
use
of
air-‐dropped
incendiary
weapons
against
military
objectives
within
a
concentration
of
civilians
is
simply
prohibited.
These
prohibitions
are
contained
in
Protocol
III
of
the
Convention
on
Certain
Conventional
Weapons.
(Phosphorous
Weapons
–
International
Committee
of
the
Red
Cross
Review)
4
January
26,
2018
CHR
Regional
Advisory
signed
by
OIC
Regional
Director
Atty.
Rommel
Daguimol:
Urging
Parties
to
An
Armed
Conflict
to
Respect
International
Humanitarian
Law,
Human
Rights
and
Indigenous
Peoples
Rights.
2
There
continues
to
be
no
policy
on
demilitarizing
indigenous
peoples’
territories.
On
the
contrary,
more
troops
have
been
deployed
to
indigenous
territories
where
there
are
mining,
energy
and
logging
projects
with
the
National
Internal
Security
Plan
Oplan
Kapayapaan.
Two
Divisions
from
the
Northern
Luzon
Command
–
the
5th
and
7th
Infantry
Divisions
–
now
operate
in
the
Cordillera
region.
Both
have
gained
notoriety
because
of
their
human
rights
violations.
Active
recruitment
to
paramilitary
groups
in
the
region
like
the
Civilian
Armed
Forces
Geographical
Units
(CAFGU)
and
Cordillera
Peoples
Liberation
Army
(CPLA)
are
being
conducted
aggressively
in
the
region,
especially
with
the
additional
military
budget
provided
by
the
national
government
this
year.
• That
adequate
basic
social
services,
including
housing,
education,
health,
food
and
drinking
water,
be
made
available
to
all
indigenous
peoples
in
the
country
to
the
maximum
extent
possible;
Fifteen
years
after
this
recommendation
was
made,
indigenous
peoples
remain
to
be
the
most
marginalized
in
the
country
in
terms
of
the
lack
of
access
to
all
basic
services,
especially
health,
food
and
drinking
water.
The
2018
national
budget
has
not
given
weight
to
social
services
like
health,
education,
housing
and
the
people’s
welfare
but
has
given
close
to
PHP
145
B
for
the
Department
of
National
Defense.
3
In
the
Cordillera,
there
is
1
doctor
to
at
least
50,000
people5.
This
is
far
below
the
recommended
standard
by
the
World
Health
Organization,
as
the
minimum
number
needed
to
address
just
the
Millennium
Development
Goals
(MDG’s)
of
maternal
and
child
health
alone.
• That
maximum
protection
be
afforded
to
human
rights
defenders
in
carrying
out
their
legitimate
human
rights
work;
Human
rights
defenders
in
the
Cordillera
region
like
the
in
the
rest
of
the
country
are
politically
persecuted
through
orders,
policies
and
laws
issued
and
implemented
by
the
Philippine
government
and
its
State
security
forces.
The
violations
have
consistently
been
increasing
especially
after
the
Peace
Talks
between
the
Government
of
the
Republic
of
the
Philippines
(GRP)
and
the
National
Democratic
Front
of
the
Philippines
(NDFP)
were
stalled
in
February
2017.
Cordillera
Peoples
Alliance
members
and
leaders,
indigenous
rights
advocates,
activists,
communities
and
people’s
organizations
asserting
indigenous
peoples
rights
became
targets
of
illegal
arrests
and
detention,
political
vilification
and
persecution,
threats,
harassment
and
intimidation,
the
filing
of
trumped-‐up
charges
and
even
extrajudicial
killing.
In
the
morning
of
February
9,
Sarah
Abellon-‐Alikes,
a
Kankanaey-‐Igorot,
was
illegally
arrested
in
Baguio
City
by
the
Armed
Forces
of
the
Philippines.
She
was
turned
over
to
the
Philippine
National
Police
and
was
illegally
detained
for
two
days
without
charges.
On
February
11,
she
was
charged
with
arson
and
robbery
with
intimidation
alleging
that
she
was
among
the
members
of
the
New
People’s
Army
that
burned
the
equipments
of
the
Philex
Mining
Company.
She
was
released
after
posting
bail.
Two
weeks
after,
she
was
charged
again
with
illegal
possession
of
ammunitions,
which
was
dismissed
at
the
Baguio
City
Prosecutor’s
level.
Sarah
Abellon-‐Alikes
is
a
pioneer
of
the
Cordillera
Peoples
Alliance
and
a
member
of
the
Board
of
Directors
of
the
Regional
Development
Center
–
Katinnulong
dagiti
Umili
ti
Amianan
(RDC-‐Kaduami).
Fifteen
(15)
cases
of
illegal
arrests
and
detention
took
place
since
February-‐December
2017.
Every
month
from
July
to
October
2017,
the
7th
Infantry
Division
(ID)
of
the
Armed
Forces
of
the
Philippines
(AFP)
filed
trumped-‐up
charges
against
human
rights
defenders
-‐
all
members
of
legitimate
peoples’
organizations.
Since
July
2017,
the
81st
IBPA
and
the
71st
DRC
filed
trumped
up
charges
of
attempted
homicide
against
women
human
rights
defenders
working
in
the
Cordillera
in
the
persons
of
Sarah
Abellon-‐
Alikes,
Sherry
Mae
Soledad,
Joanne
Villanueva,
Rachel
Mariano
and
Asia
Isabella
Gepte.
All
five
activists
belong
to
legal
and
legitimate
organisations
in
the
Cordillera
people’s
movement.
They
work
for
the
promotion
and
respect
of
indigenous
peoples.
All
are
advocates
for
peace,
supporters
of
the
Peace
Talks
between
the
Government
of
the
Republic
of
the
Philippines
and
the
National
Democratic
Front
of
the
Philippines.
All
are
working
to
support
marginalized
communities.
Two
of
these
women
have
young
children
while
another
gave
birth
to
her
first
child
when
the
case
was
filed.
5
Philippine
Health
Situation
2017,
Center
for
Health
and
Development
Philippines
4
Sarah
and
Sherry
Mae
are
both
with
the
Katinnulong
dagiti
Umili
ti
Amianan-‐Regional
Development
Center.
Sarah
is
a
pioneer
of
the
Cordillera
Peoples
Alliance
(CPA).
Rachel
is
with
the
Cordillera
Health,
Education,
Services
and
Training
in
the
Cordillera
(CHESTCORE).
Villanueva
works
with
the
Cordillera
Women’s
Education,
Action,
Research
Center
(CWEARC)
and
Asia
is
a
convenor
of
Binnadang,
a
network
of
advocates
supporting
Cordillera
indigenous
peoples’
issues
and
campaigns,
and
a
staff
of
the
joint
secretariat
of
the
NDFP
nominated
section
to
the
Joint
Monitoring
Committee
on
Human
Rights
and
International
Humanitarian
Law.
All
of
them
were
granted
temporary
liberty
last
February
when
they
posted
bail
for
their
cases.
In
October,
the
81st
IBPA
again
filed
trumped-‐up
cases
of
murder
and
attempted
murder
against
Rachel
Mariano
and
United
Church
of
Christ
in
the
Philippines
Pastor
Francisco
Bonuan,
Jr.
in
connection
with
an
alleged
armed
encounter
between
the
81st
IBPA
and
the
New
People’s
Army
(NPA).
A
review
of
their
case
is
currently
with
the
Department
of
Justice.
The
conduct
of
war
of
the
Philippine
State
security
forces
has
consistently
violated
human
rights
and
international
humanitarian
laws.
Their
tactics
constantly
involve
attacks
on
civilians.
The
enactment
of
different
local
human
rights
and
international
humanitarian
laws
has
not
ensured
the
departure
of
national
internal
security
programs
and
policies
from
Martial
Law
tactics
and
has
not
ensured
the
utmost
need
for
the
protection
of
civilians.
On
March
2,
2018,
Ricardo
Mayumi,
an
indigenous
and
environmental
activist
from
Ifugao
province
was
shot
dead
inside
his
house
by
two
unidentified
men
believed
to
be
members
or
agents
of
the
military.
Mayumi
was
one
of
the
leaders
of
the
Ifugao
Peasant
Movement
(IPM),
the
provincial
chapter
of
the
Cordillera
Peoples
Alliance
in
Ifugao
province
and
led
the
opposition
against
the
Quadriver
mini-‐hydro
projects
in
Tinoc,
Ifugao.
In
February
2018,
the
Philippine
government’s
Department
of
Justice
filed
a
civil
case
against
around
600
individuals
asking
the
court
to
proscribe
them
as
terrorists
under
the
Human
Security
of
2007.
The
unfounded
terrorist
proscription
list
includes
you
and
the
following
staunch
indigenous
peoples
rights
defenders:
1. Joanna
Cariño,
an
Ibaloi,
member
of
the
CPA
Advisory
Council
and
Co-‐Chair
of
the
SANDUGO
Movement
of
Moro
and
Indigenous
Peoples
for
Self
Determination
2. Windel
Bolinget,
a
Kankanaey-‐Bontok,
current
Chairperson
of
the
CPA
and
National
Co-‐
convenor
of
KATRIBU
national
alliance
of
indigenous
peoples
in
the
Philippines
3. Jose
Molintas,
an
Ibaloi
human
rights
lawyer,
former
Asia
representative
to
the
UN
Expert
Mechanism
on
the
Rights
of
Indigenous
Peoples
(EMRIP),
former
CPA
Chair
and
current
member
of
the
Advisory
Council
member
4. Joan
Carling,
a
Kankanaey,
former
Secretary
General
of
the
Asia
Indigenous
Peoples
Pact
(AIPP),
current
Co-‐Convenor
of
the
Indigenous
Peoples
Major
Group
on
Sustainable
Development,
former
CPA
Chair
and
current
member
of
the
CPA
Advisory
Council
5. Beverly
Longid,
a
Kankanaey-‐Bontok,
current
global
coordinator
of
the
International
Indigenous
Peoples
Movement
for
Self-‐Determination
and
Liberation
(IPMSDL),
current
Co-‐
Chair
of
the
CSO
Partnership
for
Development
Effectiveness
(CPDE),
former
CPA
Chair
and
current
member
of
the
Advisory
Council
member
5
6. Jeanette
Ribaya-‐Cawiding,
Kankanaey,
former
chairperson
of
CPA-‐Tongtongan
ti
Umili
and
current
Regional
Coordinator
of
the
Alliance
of
Concerned
Teachers
–
Cordillera
7. Sherwin
de
Vera,
Regional
Coordinator
of
DEFEND
Ilocos
and
member
of
the
Save
The
Abra
River
Movement
(STARM)
These
acts
aim
as
well
to
delegitimize
revolutionary
forces
in
the
civil
war
–
the
Communist
Party
of
the
Philippines,
New
People’s
Army
and
the
National
Democratic
Front
of
the
Philippines
and
brand
them
as
terrorists,
and
not
recognize
them
as
belligerent
forces.
With
these,
we
call
on
your
office
to
help
urge
the
Philippine
government
to
pursue
peace
negotiations
between
the
Government
of
the
Republic
of
the
Philippines
and
the
National
Democratic
Front
of
the
Philippines
without
conditions
in
order
to
address
the
root
causes
of
the
long-‐term
armed
conflict
affecting
indigenous
peoples
in
the
Philippines.
The
Philippine
government
has
also
to
be
strongly
reminded
to
comply
with
its
international
human
rights
obligations
and
pursue
its
commitments
under
the
Comprehensive
Agreement
on
the
Respect
of
Human
Rights
and
International
Humanitarian
Law.
• That
the
Government
of
the
Philippines
request
the
United
Nations
High
Commissioner
for
Human
Rights
to
establish
an
office
in
the
Philippines
to
provide
technical
cooperation
in
in
the
field
of
the
promotion
and
protection
of
the
human
rights
of
indigenous
peoples;
With
the
growing
concern
on
the
respect
and
recognition
of
indigenous
peoples
rights
in
the
Philippines,
this
recommendation
is
necessary
to
provide
additional
mechanisms
for
redress.
Annexed
to
this
submission
are
the
following:
1. Position
papers
on
Genuine
Regional
Autonomy
in
the
Cordillera
(Annex
A)
2. A
list
of
Documented
Human
Rights
Violations
in
the
Cordillera
Region
from
February
2017
–
April
21,
2018
(Annex
B)
3. Fact
Finding
Mission
Reports
in
Ifugao
(Annex
C)
and
Abra
(Annex
D),
and
the
4. Commission
on
Human
Rights
Resolution
and
Advisory
on
the
Malibcong,
Abra
bombing
(Annex
E
and
F).
Thank
you.
Sincerely,
SARAH
BESTANG
DEKDEKEN
AUDREY
BELTRAN
Secretary
General,
Cordillera
Peoples
Alliance
Vice
Chair,
Cordillera
Human
Rights
Alliance