Kalipunan ng Katutubong Mamamamayan ng Pilipinas KAMP

Inihanda para sa Vacation Church School 2012 National Council of Churches in the Philippines

The national situation of indigenous peoples and their collective rights

CONTENT:

COMMON FEATURES OF INDIGENOUS PEOPLES THE INDIGENOUS PEOPLES OF THE PHILIPPINES HISTORICAL CREATION OF IPs/ NATIONAL MINORITIES THE COLLECTIVE RIGHTS OF INDIGENOUS PEOPLES SITUATION OF INDIGENOUS PEOPLES

COMMON

FEATURES OF INDIGENOUS PEOPLES

CONCEPT OF ANCESTRAL LAND AND TERRITORIALITY: source of life since time immemorial: development and ownership through blood, sweat and tears

CONCEPT OF ANCESTRAL LAND AND TERRITORIALITY: source of identity/ethnicity and collectivity as a people Common world view on land and resources

Ancestral land: source of intergenerational livelihood: source of collective life

Ancestral land: source of intergenerational livelihood: must be protected and nurtured

DISTINCT SOCIO- POLITICAL SYSTEMS: Defines their collectivity, decision making process, cooperation, community

DIVERSITY IN CULTURES BUT COMMONLY ROOTED TO RELATIONSHIP WITH NATURE

DIVERSITY IN CULTURES BUT COMMONLY ROOTED TO RELATIONSHIP WITH LAND

Definition of indigenous peoples: The Indigenous Peoples Rights Act (IPRA) of 1997
A group of people or homogeneous
societies identified by self-ascription and ascription by others, who have continually lived as organized communities on community bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions, and other distinctive cultural traits, or who have, through resistance to political, social, and cultural inroads of colonization, nonindigenous religions and cultures, become historically differentiated from the majority of Filipinos.

INDIGENOUS PEOPLES OF THE PHILIPPINES

Geographic distribution:

IP Children Population Around 6 million

110 identified ethno-linguistic groups located in 65 of the countrys provinces. 61 % in Mindanao 33 % in Luzon, 6 % in Visayas. Population: 15 % (11-14 million) Collective territory: 5 million

Igorots Aetas Caraballo groups Mangyans Dumagats Ati & Tumanduk

Palawan groups

Lumads

HISTORICAL

CREATION OF INDIGENOUS PEOPLES/ NATIONAL MINORITIES

The Historical Creation of Indigenous Peoples

Pre-Colonial Period: Small and independent communities had their respective socio-cultural, political, and economic systems corresponding to different stages of development Ex. Moros of Mindanao (feudal); Igorots of Cordillera (semiprimitive communal); Aetas (primitive communal) - customary concepts and practices of land use and land ownership - collectivism - caretakers of their resources.

SPANISH COLONIZATION

Spanish colonization provided the basis for the creation of the Filipino nation. exploitation and oppression as common experiences and identify with one another and evolve a wider Filipino consciousness:

Influence of Christianity establishment of a centralized State machinery imposition of feudalism as the mode of production improvement of transport and communication increase of commerce growth of a local bourgeoisie and a working class

All these were factors contributed to the wider integration of formerly independent localities and to the rise of Filipino nationalism among the colonized population

Unsubjugated peoples

communities which continued to enjoy independence throughout the three centuries of Spanish colonial rule. Most notable among these were the communities of the Moros down South and the Igorots up here, in the North the Spanish colonizers were interested in the gold that the Igorots of the Gran Cordillera traded with the lowland communities. They conducted numerous expeditions in search of the famed Igorot gold. The Ygollotes of the Cordillera, however, staunchly defended their independence, and they made good use of their rugged terrain to defend themselves against the gold-seeking and punitive expeditions of the colonial aggressors. So successful was their defense that they generally remained outside effective colonial control for three centuries.

Creation of indigenous peoples or national minorities

Three centuries of a distinct experience with colonialism created a majority out of the colonized Filipinos who shared more and more things in common as they suffered exploitation and oppression under Spain, and as they became exposed to the integrating developments in the economic, political, and cultural fields. It also made minorities, or second-class Filipinos, of those who did not undergo the mainstream economic, political, and cultural changes which the majority experienced, and who were able to retain much of their indigenous lifestyles and institutions throughout the period of Spanish colonial rule. The national minorities whom the Spaniards failed to integrate in the colonial order, and who, in varying degrees, persist to the present in their indigenous ways of life, are the ones that international parlance refers to as the indigenous peoples of the Philippines. - Pantatavalan

Disenfranchisement of Indigenous People

The Regalian Doctrine was imposed which declared the entire Philippines as owned by the King of Spain (i.e., encomienda system and Maura Law). Military expeditions and religious missions were launched Filipino nationalism emerged sporadic uprisings localized revolts a nationwide revolution in 1896 was participated in by indigenous peoples. - Territories and resources of IPs considered as own by Spain

American Colonial Period

Politico-military,

economic and cultural means were used to subjugate and integrate indigenous peoples to colonial social structure : use of education The Regalian Doctrine was essentially upheld and promoted as a system of private ownership.

Laws undermined the communal land concept

Torrens system of land registration Registration Act No. 496 of 1902);

(Land

Philippine Commission Act No. 178 of 1903 (all unregistered lands became part of public domain); Mining Law of 1905 (Acquisition of public lands by Americans for mining purposes); and Public Land Acts of 1913, 1919, and 1925 (Mindanao and all other fertile lands the State considered unoccupied, unreserved or otherwise unappropriated public lands became available to homesteaders and corporations).

The Post- colonial period :

Postcolonial

regimes did not change the western concept of land use and ownership.

1935

Constitution stated: All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State.

1987 Constitution also retained the Regalian Doctrine stating: All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, fauna, and fauna, and other natural resources are owned by the State. The Constitution also recognized the the rights of indigenous cultural communities within the context of national unity of development.

Conflict of land systems

ANCESTRAL

LAND

STATE

diversity & flexibility in forms of ownership: from communal to semi-communal to private Rights to land derived from labor, actual improvements Ownership and rights regulated through customary laws, which the communities themselves evolved Viewed as collective legacy, to be NURTURED FOR FUTURE GENERATIONS Source of life and livelihood for its occupants

SYSTEM OF LAND OWNERSHIP

Highly rigid forms of ownership: basically, either public or private

Rights to land granted by state and/or sale Ownership and rights defined by national laws, which are beyond the direct control of communities Viewed FOR ITS COMMERCIAL VALUE as investment to generate profit, or as disposable property

STATE /CAPITALIST VIEW ON LAND AND RESOURCES AND IP CULTURE

MATERIAL

WEALTH FOR EXPLOITATION/ EXTRACTION FOR DEVELOPMENT /REVENUES AND PROFIT ITS VALUE IS COMMERCIALLY DETERMINED AND AS SEPARATE ENTITIES: trees are separate from the forest, water is separate from watershed, plants are separate from biodiversity CAN BE PRIVATELY OWNED, EXPLOITED, DEVELOPED: by MNCs, corporations, big business etc IP Culture and socio-political systems are backward, savage and they should be assimilated to the modern culture and system

The collective rights of indigenous peoples

CONTEXT and BASES: - persistence and assertion of distinctness: worldview, socio cultural practices, identity and ethnicity in relation to land and resources - history of oppression, exploitation and dis-enfranchisement, social injustice - universal right to life and dignity

COLLECTIVE RIGHTS OF INDIGENOUS PEOPLES

RIGHT TO LAND AND RESOURCES

Recognition of their territory as their ancestral homeland, community Encompasses all natural resources found above and under Ancestral land is area specific and people specific Ancestral land is composed of both individual and collective ownership

RIGHT to Land: recognition of systems of ownership, resource management, livelihood activities, biodiversity and respect to territorial integrity

RIGHT TO SELF DETERMINATION:

to define own economic and political system/governance, own path to development, respect territorial system of peace and security

Recognition of indigenous socio-political systems

Respect and development of customary laws, indigenous political structures, justice system, and distinct ways of life

RECOGNITION OF SOCIOPOLITICAL SYSTEMS: RESPECT TO RITUALS AND BELIEFS

RECOGNITION AND RESPECT OF CULTURE: RESPECT TO CULTURAL DIVERSITY, IDENTITY/ ETHNICITY, LANGUAGE, CULTURAL PRACTICES

The right to participate in the states decision-making processes and to reject any imposition detrimental to their wellbeing
Right to be informed and consulted, and to fully participate in all decisionmaking processes on projects, programs, and laws that affect IPs, including security and development concerns

Basic rights of IPs vis a vis State Obligations

Ensure

the recognition of the civil and political rights of IPs and guarantees on security, peace and development as distinct peoples Provision of basic social services such as health, appropriate education, needed infrastructures consistent with their right to self determination in defining their needs and aspirations for development

CURRENT

SITUATION OF INDIGENOUS PEOPLES

The Current Situation of Indigenous Peoples in the

Philippines

Indigenous peoples are confronted with a distinct problem national oppression. National oppression is the States historical nonrecognition of the right to ancestral domain and to self-determination of indigenous peoples.

What is national oppression?

National oppression is the particular problem suffered by indigenous peoples. It is the denial and violation of their right to freely pursue their social, economic, and cultural development, and to freely determine their political status. It is perpetrated by the state, in the name of national development, or national interest for whom the minority indigenous peoples should sacrifice. In reality, such development is neither for the benefit of the Filipino majority nor minority, but for the interests of the ruling elite National oppression is equivalent to ethnocide - the destruction of the indigenous peoples land, life, and resources, their very existence and identity as indigenous communities - or the virtual extermination of indigenous peoples.

Forms of National Oppression

1) 2) 3) 4) 5) 6)

Violation of the indigenous peoples right to ancestral domain and territorial integrity. Nonrecognition of Ancestral Land Development Aggression and Militarization Misrepresentation and Subversion of Indigenous Socio-political Systems Institutionalized Discrimination Commercialization of Culture Historical government neglect of basic services, resulting in worsening marginalization, poverty and food insecurity among IPs

1) Non-recognition of Ancestral Land and Violation of the indigenous peoples right to their ancestral domain and territorial integrity. Comes in the form of unjust land laws and land grabbing by the ruling classes and others

DENR- AO 2 (1992) and the Indigenous Peoples Rights Act (IPRA) of 1997:
Issuance

of Certificates of Ancestral Domain Claims (CADCs) and Certificates of Ancestral Land Claims (CALCs) by virtue of the DENR Administrative Order 2. (DAO 2) of CALCs/CADCs into Certificate of Ancestral Land Titles (CALTs)/Certificate of Ancestral Domain Titles (CADTs). certificates of ownership but simply claims to the land. not guarantee the protection of ancestral lands, or even sacred grounds, from destructive projects like mining and logging

conversion

Not

Do

PROBLEMS:
Delineation

of territories based on government-defined barangay or municipality boundaries overlooked boundaries defined by indigenous groups, patterns of land use, and cultural differences. conflicts between and among indigenous communities or tribes and CALCs became negotiable instruments to facilitate commercial transactions with companies and contractors of development projects

Caused

CADCs

Awarding

of CADCs to government officials or to individuals with connections to DENR employees or officials. Conflicts with other laws: National Integrated Area System, Mining Act of 1995, water code, Forestry Code

2. DEVELOPMENT AGGRESSION imposition of development programs such as destructive mines, logging, dams, and other projects which deprive the people of land, life, resources, and identity as a people. This is usually accompanied by militarization.

a) Large Scale Mining

Philippine Mining Act 1995:

Legal framework for liberalization of the Philippine mining industry. Allows total ownership and control of mineral mining projects by foreign mining companies Mining corporations allowed to mine in a maximum area of 81,000 hectares for a period of 25 to 50 years in exchange for a minimum investment of US $ 50 million.

MINING ACT OF 1995

EPA

9,093,886 hectares MPSA 2,738,366 hectares FTAA 2,738,366 hectares Total: 14,498,526 hectares Mining Applications in CADC areas : 1,199,849 hectares or 53% of total CADC areas ( total IP area is more than 5 million hec) 2001 data

Hanggang Oktubre 2010

Ayon sa datos ng Mines and Geosciences Bureau (MGB)

Bago Kabuuang Bilang

Bilang ng Hectares nasa lupain ng mga katutubo

Porsyento ng nasa lupain ng katutubo

FTAA 1 Financial or Technical Assisstance Agreement MPSA Mineral Processing and Sharing Agreenment EP Exploration Permit MPP Mineral Processing Permit 25

102,723.14

94.05%

338

198

427,654.15

71.15%

18 11

89 57

49 32 (56%)

184,593.38 -

54.93% -

IP territories covered by mining applications and operation: Mineral Map Map of IP Ancestral Domain

1 3 6 4

2 5

Igorots Cordillera Caraballo groups Aetas Mangyans

7 9

Ati & Tumanduk Palawan groups Lumads

12

10

11

Mining firms encroaching on indigenous peoples lands in the Phils: Western Mining Corporation/
Western Mining Corporation/ Sagittarius Mines/Tampakan Group of Companies (AustraliaPhils) affecting 100,000 hectares of land in Tampakan and Columbio towns, Sultan Kudarat Province; claimed ancestral lands of Blaan indigenous group; Mining (Australia) affecting 32 villages of Ifugao, indigenous groups in Nueva Vizcaya and Quirino Provinces, North-Central Luzon;

Climax-Arimco

Lepanto Mining expansion - covering another 777 hectares in Benguet Province; Asturias Chemicals 17,449 has; Climax-Australia 185,944 has.; Newmont USA 118,810 has.- Pending large scale mining applications covering 322,203 hectares of indigenous peoples lands in the Cordillera Region alone Toronto Ventures Incorporated - threatening to displace Subanen indigenous peoples in Mt. Canatuan in Siocon, Zamboanga del Norte.

MNCS WITH MINING APPLICATIONS IN INDIGENOUS LANDS

WESTERN MINING- AUSTRALIA NEWMONT- U.S. ANGLO AMERICAN- S.A/ U.K(partner of Philex) OXIANA- U.K IVANHOE- CANADA Terra Nova Exploration- Canada Climax- Arimco- Australia Toronto Ventures Incorporated- Canada Sagitarius- Canada BHP Billiton- United Kingdom Pacific Nickel- Australia OTHERS

Impacts of Philippine Mining Act of 1995: legalized destruction of the environment on which most indigenous communities depend on for subsistence institutionalized the plunder of the countrys resources by mining TNCs

Philippine Developmet Plan 2010-2016

Mining as a key to our economic development

CONCRETE IMPACTS OF CORPORATE MINING TO IPS TO INDIGENOUS PEOPLES

OUTRIGHT VIOLATION OF ANCESTRAL LAND RIGHTS/INDIGENOUS TERRITORY-THE MATERIAL BASE FOR THE IPS CONTINUING SURVIVAL , IDENTITY AND DEVELOPMENT

Massive plunder, destruction and devastation of ancestral land and resources used by the indigenous peoples for food production and other livelihood activities: more than 1.5 million hectares of IPs directly threatened by corporate mining Massive displacement ( physical and economic) of indigenous communities Violation of the FPIC: subversion of consent, manipulated consultations, onesided information, empty promises, bribery

b. Large Energy Infrastructure Projects

7 megadams operating or are to be constructed that affect IP communities

San Roque Multi -purpose Dam Project in Pangasinan; Matuno Dam in Ifugao; Casecnan Dam in Nueva Vizcaya; Bakun Mini-hydro dam in Benguet; Kaliwa Kanan or Laiban Dam in Rizal and Quezon (Southern Tagalog); Pan-ay River Dam in Panay (Visayas) ; and Pulangi hydropower dams (Mindanao). SAUG Multipurpose Dam (Mindanao)

Mega Dams
DAM Ambuclao Binga Magat Casecnan Matuno San Roque MPD Agus-Pulangi Saug MPD Pantabangan Location Benguet Benguet Isabela-Ifugao N. Vizcaya Ifugao & N. Vizcaya PangasinanBenguet Bukidnon Davao del Norte N. Ecija

Angat-Umiray Bulacan-Quezon Transbasin Project

c. Land Conversion

Land conversion for industrial estates and commercial purposes caused displacement of Agta and Dumagats; the Aetas of Central Luzon; and the Lumads in Mindanao Monocropping of mangoes, pineapples, bananas, rubber, tress, palm oil plantations for export has undermined indigenous peoples subsistence production of rice. In Cordillera, rice terraces are being planted with commercial temperate vegetables, cassava, flowers

d. Forestry Programs and Projects

National Integrated Protected Area System (NIPAS)

Limits access by IPs, eg. Mangyans in Mindoro, Igorots in Cordillera, Aetas in Central Luzon and Lumads in Mindanao to areas within their ancestral domains. Allows researches and private entities to conduct studies on biological resources found in protected areas

Industrial Forestry Management Agreement (IFMA): Reforestation scheme introduced by the DENR in 1989 allowing firms or individuals to reforest lands and engage in commercial logging for 25 years (renewable for another 25 years)
Ex.

Alcantara & Sons (ALSON), a huge plywood company and logging concessionaire operating an IFMA covering 29,000 has. of Ata-Manobo ancestral lands

Community Forestry Programs Facilitate commercial tree planting and logging operations in territories of indigenous peoples Destroy rich natural vegetation Cause severe community conflicts through opportunism in awarding of contracts and distribution of funds.

NIPAS
Northern Mindanao, 101, 937 hectares Mangyan Heritage Nature Park, Mindoro Mt. Malindang, Zamboanga Peninsula
Mt. Apo, Davao del Sur Military

Economic Zones APECO, Aurora Subic Bay Freeport Zone, Zambales Clark Development Corporation, Pampanga

Reservation
Fort Magsaysay, Nueva Ecija Tarlac reservation , Tarlac Camp Peralta Capiz, Panay Island

e. Militarization

Militarization has accompanied the implementation of destructive mining, logging, and energy projects because of the peoples opposition to them. Army troops are regularly deployed in the territories of the Agtas, Aetas, Mangyans, Lumads, and Igorots. Recruitment of paramilitary forces from the ranks of indigenous peoples who are used against their own tribes and communities leading to more conflicts and mistrust Human rights violations include forced evacuation due to aerial bombings and indiscriminate firings, massacre, murder, food blockades, torture, arbitrary arrests, and illegal detention

Since 2001 Political Killing in Indigenous Peoples Leader rose up to 96 Cases. No Case has been Solved since then.
CASE Codille ra Central Luzon Southern Tagalog Northern Mindanao Southern Mindanao FarSouth Mindanao Western Mindanao TOTAL

KILLINGS MASSACRE SALVAGING SUMMARY EXECUTION TOTAL

6 0 0 4 10

3 0 1 2 6

7 7 2 2 18

16 0 0 6 22

3 17 0 1 21

7 0 0 0 7

1 7 4 0 12

43 31 7 15 96

Extra Judicial Killings

End of Arroyo Regime = 139 Victims of EJK Aquino Regime = 13 3 Montalban, Rizal 1 Buguey, Cagayan 2 Sta. Cruz, Davao del Sur 2 Esperanza, Agusan del Sur 4 San Fernando, Bukidnon 1 Palawan Out of the 152 victims of EJK: 15 Women 4 pregnant 17 Minors

July 2010 February 2011 February 2011 June 2011 (2011) October 2011

10 incidents in 3 provinces North Cotabato Surigao del Sur Agusan del Norte

Forced Evacuation

Harrassments
Atleast 4 incidents in elementary and high schools Saranggani Surigao del Sur Cordillera

ALAYON: A Peace and Solidarity Mission in Defense of Blaan Childrens Rights Saranggani August 10-14 2011 National Fact Finding Mission Agusan del Sur 2nd week of August 2011

3. Violation of indigenous sociopolitical institutions and political misrepresentation

Political divide-and-rule tactics, appointment of illegitimate leaders and government agencies who misrepresent the people, and disregard of indigenous peoples sociopolitical systems. Causes disunity, conflict and mistrust within indigenous communities Customary law are distorted and the process of consensusbuilding indigenous communities is manipulated for endorsement of projects affecting them. Causes boundary disputes, tribal wars and marginalization of tribal and community elders

4. Commercialization of indigenous culture through cultural festivals, showcases and tourism

Social costs of tourism: drugs, prostitution, gambling, bastardization of indigenous culture Encourages consumerism and commercialism Cultural practices and distinctiveness are commoditized

5. Institutionalized discrimination

Various state institutions including the educational system, mass media, and church, are used to perpetuate discrimination. National minorities are depicted as primitive, barbaric, second-class citizens who have to be sacrificed in the altar of national development. Indigenous religion is portrayed as works of the devil.

6. Historical denial of social services by the government, further aggravating inequality

Most of the Club 20 or the poorest 20 provinces in the country are populated mainly by indigenous peoples: Mindanao and Cordillera

Illiteracy level is higher , and health services poorer among IPs

Food Insecurity among IPs

No substantial improvement in the economic condition of indigenous peoples in the country between 1988 and 1997. [ADB]

Mindanao contributes to 31% to total poverty in the country 2000 Family Income and Expenditure Survey indicate that poverty incidence in Mindanao is even higher than the national average of 40%, ranging from 46% in Southern Mindanao to 74% in the ARMM.

Food Insecurity among Indigenous Peoples (EED Task Force-IP Research)

Findings:

Tumandoks of Panay and Dumagats of Quezon eat only twice a day Talaandigs of Bukidnon in Mindanao are dependent on occasional labor for survival Ibalois of Itogon, Benguet suffer the ill effects of extractive industries such as open-pit mining . Most are now dependent on irregular cash generating income for survival Food shortage is experienced across communities. Malnutrition is highest in indigenous communities in the country, especially among the children.

3 Major Factors Affecting Food Security:

Entry of modern agricultural technologies such as high yielding varieties; Extractive industries, development aggression Militarization

THE

CONTINUING ASSERTION AND DEFENSE OF INDIGENOUS PEOPLES RIGHTS

STRUGGLES OF INDIGENOUS PEOPLES:

The generations of my people have nurtured, protected and defended our lands for many centuries now. Our people resisted hundreds of years of colonial rule. We have struggled against those who consider our lands only as a resource base. Today, we continue to fight and struggle against these oppressors. We will not allow our resources to be further exploited. For us, land is life. This land is what kept generations of my people alive. This land is where we are going to die. Leticia Bulaat, Kalinga woman leader

Macliing Dulag:
What is the most precious thing to man? Life. If life is threatened, what ought a man do? Resist! If we fight, we die honorably. Because we are willing to fight now, our children may live and keep this land; and the land shall become even more precious when nourished by our sweat and blood.

The answer to the problem of national oppression of the indigenous peoples in the Philippines is the recognition of their collective right to their territories and to selfdetermination. The right to self-determination is enshrined in the UN Universal Declaration of Human Rights, the ILO Convention 169, the International Covenant on Civil and Political Rights, the UN Draft Declaration on Indigenous Peoples Rights and other international instruments.

Bakun Declaration against Royalco and Lepanto

April 24, 2009 nagdeklara and mga mamamayan ng Bakun Benguet ng ALARM (Ancestral Lands at Risk of Mining) declaration

IP Agenda ay isinumite sa Malacanang

Agosto 5, 2010 isinumite ng mga lider ng KAMP ang IP Agenda sa Malacanang. Nilalaman nito ang mga panawagan ng mga katutubo sa ibat ibang panig ng bansa.

Indigenous Peoples Assembly

Ibinigay kay Viel Aquino Dee bilang kinatawan ni Pangulong Aquino

Protest action on the 16th year of Mining Act

Filing ng Peoples Mining Bill

Indigenous Peoples Organizations

Support groups and advocates for indigenous peoples rights

For as long as the indigenous peoples lives are threatened, their struggles to defend their land and resources will continue, until their collective rights to land and resources and to self determination are fully recognized and respected.

END

Credits: CPA, KAMP,JOAN CARLING