School of Law
Baguio City
The Indigenous Peoples Rights Act: Its Provisions, Implementation and Effectiveness
Submitted by:
Arios, Diero Thomas
Dinos, Aurea Valerie
Manzano, Ranieri
Paraan, Brian Jonathan
Vehemente, Joseph Harvey
Submitted to:
Atty. Jennifer Asuncion
Introduction
Indigenous Cultural Communities and Indigenous People are found in various places and are one of the most marginalized groups in the world. With the Philippines as a country which has multiple Indigenous Cultural Communities and Indigenous People, their rights and subsequently their obligations pursuant to their right to self-determination. In 1987 the Philippines adopted a new Constitution which provided, as a State Policy, found in Article II, Section 22 that “The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.” Pursuant to this state policy the Congress of the Philippines passed Republic Act 8371 or the Indigenous Peoples Rights Act which provided for the rights of the Indigenous Cultural Communities and Indigenous People in the Philippines. This paper aims to ascertain whether the rights of these Indigenous Cultural Communities and Indigenous People are properly respected and to see the effect of Republic Act 8371 or the Indigenous People Rights act on the Indigenous Cultural Communities and Indigenous People themselves, the rest of the Philippine population, and the Government of the Philippines.
International Standards for Indigenous Cultural Communities and Indigenous Peoples
Worldwide there are around 300-500 million indigenous people and all share the common characteristic that all of them are deeply spiritually attached to their ancestral lands and that they are stewards thereof. This spiritual attachment stems from the fact that they identify themselves mainly through there genealogical descent from their ancestral lands and that as stewards of the
References: Alanis, E. C. (2013). Indigenous Peoples’ Rights and the Extractive Industry: Jurisprudence From the Inter-American System of Human Rights. Goettingen Journal of International Law 5, 187-214. American Declataion of the rights of Indigenous Peoples. (1996). Organization of American States. Anita Chauhan, F. D. (2008). Indigenous Peoples ' Rights in the Philippines. Indigenous Peoples ' Rights in the Philippines, 73. Balane, W. (2012, April 24). Mindanews. Retrieved from Mindanews: http://www.mindanews.com/top-stories/2012/04/24/ncip-in-%E2%80%98final-and-executory-decision%E2%80%99-favors-lumads-over-ranch-owner-in-bukidnon/ Burton, E Cabreza, V. (2014, January 6). Inquirer. Retrieved from Philippine Daily Inquirer: http://newsinfo.inquirer.net/559059/ncip-allows-family-to-take-over-oldest-baguio-hotel Cariño vs Insular Government, G.R Carino, J. K. (2012). Country Technical Notes on Indigenous Peoples’ Issues of the Republic of the Philippines. International Fund for Agricultural Development. Cernic, J. L. (2013). STATE OBLIGATIONS CONCERNING INDIGENOUS PEOPLES ' RIGHTS TO THEIR ANCESTRAL LANDS: LEX IMPERFECTA. American University International Law Review , 1130-1163. City of Baguio et al. vs Basweng, G.R. No. 180206 (Philippine Supreme Court February 4, 2009). DELFIN LAMSIS, MAYNARD MONDIGUING, JOSE VALDEZ, JR. and Heirs of AGUSTIN KITMA, represented by EUGENE KITMA, Petitioners, , G.R. No. 173021 (Philippine Supreme Court October 20, 2010). Dizon, G. (2013, December 9). Northern Philippine Times. Retrieved from Blogspot: http://northphiltimes.blogspot.com/2013/12/molintas-bats-for-cadt-on-ancestral.html Gilio-Whitaker, H Gocke, K. (2013). Protection and Realization of Indigenous Peoples’ Land Rights at the National and International Level. Geottingen Journal of International Law 5, 87-154. Keienberg, G. (2012). Blessing or curse? The indigenous peoples rights act of 1997 and its implementation. OBSERVER: A Journal on threatened Human Rights Defenders in the Philippines, 16-19. LEIGH, S. R. (2011). IN THE WAY OF DEVELOPMENT: INDIGENOUS LAND–RIGHTS ISSUES IN MALAYSIA. The Geographical Review, 471-495. Magno, C. (2013). Free Prior and Informed Consent in the Philippines Regulations and Realities. OXFAM America Briefing Paper. Malanes, M. (2014). Baguio Midland Courier. Retrieved from Baguio Midland Courier: http://www.baguiomidlandcourier.com.ph/baguio14_article.asp?mode=baguio_day2014/supplements/malanes.txt Mcgee, B McKeehan, T. B. (2013, December). Guidelines for Applying Free, Prior and Informed Consent: A Manual for Conservation International. Arlington, Virginia, Unites States. Molintas, J. M. (2004). THE PHILIPPINE INDIGENOUS PEOPLES’ STRUGGLE FOR LAND AND LIFE: CHALLENGING LEGAL TEXTS. Arizona Journal of International & Comparative Law , 269-304. Nations, U. (2007). Declaration on the Rights of Indigenous People. (p. Art. 26). United Nations. NCIP Administrative Order No. 3. (2012). National Commission on Indigenous People. Tupaz, V. (2014, January 14). Rappler. Retrieved from Rappler: http://www.rappler.com/move-ph/47946-baguio-casa-vallejo-safe-now United Nations Declaration on the Rights of Indigenous People Yamsuan, C. (2014, January 26). Inquirer. Retrieved from Philippine Daily Inquirer: http://lifestyle.inquirer.net/148579/whats-behind-the-surprise-eviction-notice-of-casa-vallejo