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Submitted to:
Judge Glenda Ortiz-Soriano
Submitted by:
Eleasar B. Pido
LLB-2C
UNDP
INDIGENOUS PEOPLES ARCHIVE
Tiruray,
their lands and domains but it only makes the situation worse because the
place of lumads become a battlefield of the two parties which lead to
accusation of lumads as NPA or as an agent of the military which also lead to
killing.
Human Rights violated
1. Article 3 of UDHR
Everyone has the right to life, liberty and security of person.
2. Article 5 of UDHR
No one shall be subjected to torture or to cruel, inhuman or degrading t
reatment or punishment.
3.
Article 26 of UDHR
(1) Everyone has the right to education. Education shall be free, at least
in the elementary and fundamental stages. Elementary education shall
be compulsory. Technical and professional education shall be made
generally available and higher education shall be equally accessible to
all on the basis of merit.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall
be given to their children.
4. Article 1 of ICESCR
1. All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their
economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of
mutual benefit, and international law. In no case may a people be
deprived of its own means of subsistence.
Territories, shall promote the realization of the right of selfdetermination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations.
5. Article 13of ICESCR
1. The States Parties to the present Covenant recognize the right of
everyone to education. They agree that education shall be directed to
the full development of the human personality and the sense of its
dignity, and shall strengthen the respect for human rights and
fundamental freedoms. They further agree that education shall enable
all persons to participate effectively in a free society, promote
understanding, tolerance and friendship among all nations and all racial,
ethnic or religious groups, and further the activities of the United
Nations for the maintenance of peace.
2. The States Parties to the present Covenant recognize that, with a view
to achieving the full realization of this right:
(a) Primary education shall be compulsory and available free to all;
(b) Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means, and in particular by the
progressive introduction of free education;
(c) Higher education shall be made equally accessible to all, on the basis
of capacity, by every appropriate means, and in particular by the
progressive introduction of free education;
(d) Fundamental education shall be encouraged or intensified as far as
possible for those persons who have not received or completed the
whole period of their primary education;
(e) The development of a system of schools at all levels shall be actively
pursued, an adequate fellowship system shall be established, and the
material conditions of teaching staff shall be continuously improved.
3. The States Parties to the present Covenant undertake to have respect
for the liberty of parents and, when applicable, legal guardians to
choose for their children schools, other than those established by the
public authorities, which conform to such minimum educational
standards as may be laid down or approved by the State and to ensure
the religious and moral education of their children in conformity with
their own convictions.
6. Indigenous Peoples Right Acts
CHAPTER III: Rights to Ancestral Domains, CHAPTER IV: Right to SelfGovernance and Empowerment, CHAPTER V: Social Justice and Human
Rights, and CHAPTER VI: Cultural Integrity
What course of action or remedy must be taken before Philippine Courts
and /or international tribunals?
1. Filing a petition for a writ of amparo, requesting the Supreme Court
to order the military and tribal militia from entering and having a
presence in Lumad territory.
2. Both the military and the New Peoples Army (NPA) must pull out of
their areas, all of which must be demilitarized and declared peace
zones. All economic activities by outsiders, including mining
operations, must be stopped and all applications frozen in those
areas so the conflict does not expand further. This should be done
immediately in the affected areas and if necessary through all Lumad
areas of Mindanao.
3. Redress may be sought.
4. To Compel the NCIP to ensure certifications of Free and Prior
Informed Consent have been correctly given and the proper
Certificates of Ancestral Domains have been issued.
5. To compel the DENR to make an inventory of natural resource and
mining permits and agreements and make sure they are not
exacerbating the situation.
6. To file a case of Ethnocide
Is Special rapporteur an appropriate remedy?
Yes. Because special rapporteur can address adequate housing, food,
education, minority issues, physical mental health, independence of judges
and lawyers, freedom of assembly and association, contemporary forms of
slavery, trafficking in persons, torture, human rights of migrants, sale of
children, child prostitution and child pornography, and extrajudicial,
summary or arbitrary executions.
It was introduce in the Philippines in 2007 to 2008 at the countrys
invitation in order to conduct an investigation on the alleged summary
executions committed in Luzon and Davao.6
Petralba, P.