12/18/2019 Situation of Indigenous Peoples in the Philippines: Submission to the 59th Session of CESCR

17 December, 2019

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Who we are Indigenous Peoples and the GCF side event

Situation of Indigenous Peoples in the Philippines: Submission to the

59th Session of CESCR

Committee in Economic, Social and Cultural Rights

59th Session

Meeting with Partners

26 September 2016

Statement by TEBTEBBA – Indigenous Peoples’ International Center for Policy Research and Education

Philippines

Background

Good morning, Mr. Chair. Thank you for this opportunity to provide comments on the situation of indigenous
peoples in the Philippines. This statement is made in relation to the Philippine NGO-PO Network Submission to the
Committee and elaborates further on indigenous peoples’ issues contained in the submission.

Disaggregated Data– There continues to be a serious lack of data on the number and distribution of indigenous
peoples in the Philippines. Although an ethnicity variable was included in the 2010 census, official data has yet to
be released by the national government and, in cases where regional offices have released their disaggregated
data[1], credibility of the results and enumeration methodology have been questioned. Preliminary data presented
by the Philippine Statistics Authority (PSA) show an indigenous population of 8 million, which constitutes a drastic
and unrealistic reduction of 6 million from the population estimate of 14 million by the National Commission on
Indigenous Peoples (NCIP). We recommend the immediate release of 2010 ethnicity data, enactment of a law
mandating the inclusion of an ethnicity variable in the Philippine census (such as Senate Bill No. 912 or the Ethnic
Origin Bill and House Bill No. 579 or the Ethnic Origin Census Bill), and the improvement of training for census
enumerators on culturally-sensitive methods for collection of ethnicity data.

Indigenous Peoples and Mining– Medium and large-scale corporate mining and conflicting laws governing
natural resources continue to be major problems that indigenous peoples face in their communities. The free, prior
and informed consent (FPIC) process is being manipulated in favor of mining corporations[2]. The presence of
military personnel and investment defense forces in mining areas has limited indigenous peoples’ freedom to work
in their lands and caused indigenous children to drop out of school. Indigenous human rights defenders are being
harassed and killed – there have been 76 documented cases of killings of indigenous human rights defenders from
2010 to 2016. Environmental degradation caused by mining has resulted in health problems, significant reduction
of agricultural production, water pollution and decreased fish catch.

In relation to mining and militarization, the following are our recommendations: ^ back to top

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12/18/2019 Situation of Indigenous Peoples in the Philippines: Submission to the 59th Session of CESCR
- Include indigenous peoples’ ancestral domains and community conserved territories and areas (ICCAs) in
the list Areas Closed to Mining or “no-go zones” in accordance with Section 1 of Executive Order No. 79,
series of 2012 (EO 79).
- Amend the 1975 Revised Forestry Code (P.D. 705), and other DENR administrative orders related to the
management and utilization of natural resources to reconcile conflicting provisions with the rights of
indigenous peoples (IPs) specifically recognized and protected under the Indigenous Peoples’ Rights Act
(IPRA).
- Repeal the 1995 Mining Act and immediately pass the Alternative Philippine Mineral Resources Act.
- Ratify the Indigenous and Tribal Peoples Convention, 1989 (No. 169).
- Ensure genuine free, prior and informed consent (FPIC) of indigenous peoples with regard to development
and other projects. Prosecute NCIP personnel involved in the manipulation of the FPIC process and
issuance of fraudulent FPIC Certificates or Certificates of Precondition.
- Protect IP leaders from extrajudicial killings, enforced disappearances, forced displacement, rape, and
harassment. Launch investigations into past cases of extrajudicial killings and bring perpetrators to justice.

Indigenous Peoples’ Land Rights– Under the 1997 Indigenous Peoples’ Rights Act (IPRA), the NCIP has the
mandate to to facilitate full delineation and demarcation of Ancestral Domains of indigenous peoples through the
issuance of Certificates of Ancestral Domain Title (CADT). Unfortunately, ancestral domain titling remains a
burdensome process that has not undergone any review to simplify and streamline the process. An additional
process put in place by Joint DAR-DENR-LRA-NCIP Administrative Order No. 01-12 (JAO 01-12), issued in 2012
with the objective to address jurisdictional and operational issues between and among these land titling agencies,
has resulted in undue delay in the issuance and registration of CADTs. Of the 182 CADTs issued by the NCIP to
date, less than 50 have been registered with the Land Registration Authority (LRA). This is a problem for
indigenous peoples because when their CADTs are not registered with the LRA, they are less able to prevent
intrusion into their ancestral domains by migrants and corporations. We recommend the repeal of JAO 01-12 and
the immediate registration by the LRA of all CADTs validly issued by NCIP.

Indigenous Peoples’ Right to Economic Development – Of the 182 Ancestral Domains with CADTs issued by
the NCIP as of June 2015, only 59 have formulated their Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP), a development plan required by the IPRA. The communities with ADSDPPs were
assisted by various private and public agencies, the NCIP and local government units. It is noted, however, that
some ADSDPPs were formulated through the help of mining companies and electric companies (such as the
National Power Corporation and the Apex Mining Corporation). At present, none of the ADSDPPs formulated have
been incorporated into the Barangay (village) development plans, resulting in conflicts in development priorities
between the local government unit and the indigenous peoples’ communities, and in non-implementation of
ADSDPPs because of lack of resources from the government. We recommend that the government ensure full
implementation of IP representation in the local government units (LGUs) where they reside, particularly when it
comes to the formulation of development and land use plans, and allow IP communities to formulate their own
development plans.

Indigenous Peoples and the Mindanao Peace Process– Indigenous peoples recognize and support the struggle of
the Muslim minority in the Philippines for peace and against oppression and historical injustice. However,
indigenous peoples, often caught in the crossfirebetween the government armed forces and the Muslim rebels, are
victims of a conflict that is not theirs. Nonetheless, indigenous peoples welcome the commitment of President
Duterte to fully recognize and implement the Comprehensive Agreement on the Bangsamoro (the final peace
agreement between the Moro Islamic Liberation Front and the Philippine Government, signed in March 27, 2015)
and recommended that the implementing body of the Comprehensive Agreement on the Bangsamoro ensure the full
and effective participation of indigenous peoples. We also recommend that the law being drafted to implement the
Comprehensive Agreement on the Bangsamoro fully include the rights of indigenous peoples under the IPRA,
including the right to ancestral domains and lands.

Right to Health– One of the main government program to address the right to health of indigenous peoples is the
Modified Conditional Cash Transfer (MCCT) program of the Department of Social Work and Development
(DSWD). This modified program is meant to address the main problems identified with the Conditional Cash
Transfer Program (CCT) or Pantawid Pamilyang Pilipino Program (4Ps), including failure to address cultural and
language needs, as well as the geographical remoteness and lack of education and health infrastructure in
indigenous peoples’ communities. It is recommended that construction of schools and health centers that provide
culturally-appropriate services be included as an integral part of the MCCT.

As part of the government’s commitment to meet the Millennium Development Goals (MDGs) on maternal and
child health, the Department of Health (DOH) issued the “No Home-Birthing Policy” and local government units
(LGU) have implemented this policy through ordinances that penalizes traditional birth attendants and women who
give birth at home. This policy puts additional strain on indigenous women, given the lack of basic social services
and inaccessibility of health centers for remote indigenous communities. Pregnant indigenous women are now
forced to hike for long distances just to get to the nearest health facility. Indigenous women who choose to give
birth at home under the care of traditional birth attendants are fined six thousand pesos each before the birth can be
registered, exacerbating the problem of the low rate of birth registration of indigenous children. We recommend the
modification of this policy to take into account the situation of indigenous peoples, the repeal of punitive local
ordinances, and the accreditation of and appropriate training for traditional birth attendants.

Right to Education- Indigenous peoples are the least served in terms of access to education, mainly due to the
remoteness of their ancestral domains, as well as poverty and the prohibitive cost of sending indigenous children to
school, and the discrimination experienced by indigenous children. Statistics show that nine out of ten indigenous
children in Mindanao have no access to education and many indigenous communities do not have schools. Armed
conflict between the Armed Forces of the Philippines (AFP) and the New People’s Army (NPA) continues to be a
serious threat in many IP areas. While some community-based organizations and religious institutions have sought
to provide alternative schools for IPs, there are reports that these schools, as well as government-run daycare
centers, have been used for the government’s military counterinsurgency program called Oplan Bayanihan (the
Internal Peace and Security Plan). This has resulted in grave human rights violations in IP areas, which have
continued with impunity. We recommend that military harassment of indigenous peoples’ schools be stopped
immediately and the perpetrators of harassment, killings and destruction of school property be held accountable.

While we welcome the adoption by the Department of Education of several policies on indigenous peoples’
education[3], we note that these have not been adequately implemented or funded. We recommend the increase in
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12/18/2019 Situation of Indigenous Peoples in the Philippines: Submission to the 59th Session of CESCR
investment for inclusive education, ensuring that programs reach indigenous communities and areas with high
poverty incidence, support for multi-lingual education and the culturally-appropriate accreditation of IP teachers.

Right to Culture– While there are several government cultural programs and policies, indigenous peoples are
concerned that the main program for promotion of indigenous peoples’ culture is through festivals, which are not
under the control of indigenous peoples and sometimes misrepresents their traditional cultural expressions. There is
demand from indigenous peoples for increased and sustained support for Schools of Living Traditions (SLTs), a
program of the National Commission on Culture and the Arts (NCCA). We recommend the adoption of
implementing rules for Article 31 of the IPRA on Community Intellectual Rights for the protection of indigenous
peoples’ knowledge systems and practices (IKSPs) and intangible cultural heritage.

Thank you, Mr. Chair.

[1]Republic of the Philippines, Philippine Statistics Authority, Regional Statistical Services Office, Cordillera
Administrative Region, “Special Report: Ethnicity (based on the results of 2010 Census of Population and
Housing)”, 2015.

[2]An assessment of the implementation of the FPIC guidelines that was conducted by the Deutsche Gesellschaft
fur Internationale Zusammenarbeit (GIZ) and the Non-Timber Forest Products (NTFP) in 2012 found that 53% of
FPIC processes were carried out in relation to mining and that many claimed that the FPIC process was
manipulated and FPIC certificates fraudulently issued.

[3]Such as the following Department Orders (DO): DO 62, s. 2011 - Adopting the National Indigenous Peoples (IP)
Education Policy Framework, DO 103, s. 2011 - Creation of Indigenous Peoples Education Office (IPsEO), DO 32,
s. 2015 - Adopting the Indigenous Peoples Education Curriculum Framework, and DO 50, s. 2016 - Hiring
Guidelines for Teacher I Position in Schools Implementing Indigenous Peoples Education Effective School Year
2016-2017

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12/18/2019 Situation of Indigenous Peoples in the Philippines: Submission to the 59th Session of CESCR

5 Comments Sort by Oldest

Add a comment...

Gil Reoma
so, what is the real score: whom to believe now as far as the
total number of ethnic and indigenous peoples in the Phil are
concerned? if the the NCIP is now folded together with 11 other
agencies into one Cluster under Mr. Leoncio Evasco as
mandated by Pres Duterte's EO #1, who is in charge in
knowing the real score about the IPs in the country?
Like · Reply · 2y

Reyd Dapetilla
thank you for this article, it helps me a lot. im writting a
reflection paper for IPs community. I am a social work student.
Like · Reply · 1 · 1y

Esmindo Cuda
The enumeration of ethnicity by western author mostly in
southeastern Mindanao is not authentic because it implied
concoction on the nomenclature.
Like · Reply · 1y

Reinard Manahan
Hello! Where can we find data on the Dumagats in Calawis-
Antipolo? Inquiring for a research. Thanks and more power!
Like · Reply · 1y

Edsu Sumangil
NCIP Sampaloc Community Service Center, Tanay
Tanay Rizal
Like · Reply · 1 · 1y

Pacondo Don
sana matulungan din po kami sa aming ancestral Domain
tagbanwa tribe from brgy, Kamuning/Inagawan Puerto Princesa
City palawan
mga karapatan namin sa batas RA.8371 ayaw erespito ng mga
ahensya ng pamahalaan pagdating dito sa aming lugar.
kailangan po namin ang tulong nyo.
Like · Reply · 35w

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