Definition of Indigenous people
This refer to a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally 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, non-
indigenous religions and cultures, became historically differentiated from the majority of
Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous religions and
cultures, or the establishment of present state boundaries, who retain some or all of their
own social, economic, cultural and political institutions, but who may have been
displaced from their traditional domains or who may have resettled outside their
ancestral domains
These refer to social groups with a social and cultural identity distinct from
the dominant society. They generally live in geographically isolated areas
with a lack of access to basic social services and few opportunities for
mainstream economic activities or political participation. They are the people
with the least education and the least meaningful political representation. In
contrast, commercially valuable natural resources such as minerals, forests
and rivers can mainly be found in their areas, making them continuously
vulnerable to development aggression. Already marginalized at the outset,
the different-ness of these groups make them all the more vulnerable to
any negative shock that development processes from which they have been
excluded, may bring.
Struggles
1. Right of suffrage are not exercised at their own will due to the IPs innocence, ignorance and
also lack of proper documents. They need to be properly oriented. The problem is when our
politikos round them up to exploit their vote.
In the past elections, some Mangyans of Mindoro were kept and fed in holding places before
the election. They were given literacy classes only to teach them how to fill up the ballot and
to write the name of the politician who seized them. On election day, they were brought to
their precincts to vote for that candidate. This was called a case of hamletting where the IPs
were coerced to vote for certain candidates.
In another case, some politicians took advantage of the ignorance and innocence of the IPs
by keeping them away from voting because they knew that these IPs wouldnt vote for them.
So they gave them activities to keep them busy for the day until the voting precincts closed.
2. IPs have no access to basic education. Most Filipino children are deprived of this right and
peasants and indigenous peoples right to education are far more neglected. Schools are built in
town centers far from upland communities, compelling Lumad children to walk for hours every
day to attend their classes. Children unable to endure the difficulty choose not to attend school.
With more and more children opting not to go to school, Lumad elders in Mindanao, with the
support of non government and church-based organizations, worked hard to put up schools in
their own community 10 years ago.
3. The enactment of RA 7942, Philippine Mining Act of 1995, causes for the
IPs to lose their ancestral lands. Large-scale indiscriminate mining and
industrial logging have brought incalculable damage to their primary source
of livelihood and cultural sanctuary. The consequent destruction of their
environment resulted in the further degradation of ancestral cultures which
are largely shaped by the indigenous people's interaction with the natural
elements.
This is because RA 7942 allows total ownership of equity and control of
mineral mining projects through Financial or Technical Assistance
Agreements (FTAAs). Large foreign mining companies are allowed to
explore/mine 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. Such mining
operations cover vast tracts of land, which IP and other upland peoples,
majority of whom are poor, also inhabit.
The act also made them from being the original inhabitants and
stewards of the land to being reduced as squatters in their own ancestral
lands or forest, fishing and agricultural lands. The act does not provide major
stakeholders like indigenous and forest peoples communities and other host
communities the right to vote and to be represented in the body that
recommends the granting or denial of ECCs as well as FTAAS, EPs and other
mining permits.
4. No home birthing policy causes a burden to IPs as they do not have
access to proper health facilities and the policy is also considered as
culturally unacceptable for some of the tribes such as for the Mangyans.
In the province of Oriental Mindoro, indigenous Mangyans have to travel up to
seven hours just to get to a health facility. They also have to endure discrimination while
taking public transportation as many of the public utility vans do not want to take them
as passengers.
Mangyans have a traditional way of giving birth, which is done in a squat position
with the pregnant woman holding on to a rope tied to the ceiling. The husband or a
companion can assist her by holding her torso while she holds on to the rope. Then they
cut the umbilical cord with a blade from a plant calledbagacay, a local species of
bamboo. But now some of the Mangyan women are afraid of giving birth at home,
because health workers from the health center say that if something happens to the
newborn or to the mother, a case will be filed against those who assisted in the delivery.
Laws
RA 8371 The Indigenous Peoples Rights Act of 1997
The law provides the protection of the ff. rights of the IPs: to their ancestral
lands; to self-governance and empowerment; social justice and human rights;
and cultural integrity.
RA 9054 AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 6734, ENTITLED "AN ACT PROVIDING FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO," AS AMENDED
Sec. 5 The regional government shall ensure the development, protection, and
well-being of all indigenous tribal communities. Priority legislation in this regard shall be
enacted for the benefit of those tribes that are in danger of extinction as determined by
the Southern Philippines Cultural Commission.
Sec. 8. Regional Government Authority Over Natural Resources. - Subject to the
provisions of the Constitution and this Organic Act, the Regional Government shall have
the authority, power, and right to explore, develop and utilize the natural resources,
including surface and sub-surface rights, in-land and coastal waters, and renewable and
non-renewable resources in the autonomous region. Muslims and the other indigenous
cultural communities shall, however, have priority rights to explore, develop and utilize
the said resources in the areas designated as parts of their respective ancestral domains
United nations Declaration on the rights of Indigenous People
The Declaration establishes a universal framework of minimum standards for the
survival, dignity, well-being and rights of the world's indigenous peoples. The Declaration
addresses both individual and collective rights; cultural rights and identity; rights to
education, health, employment, language, and others. It outlaws discrimination against
indigenous peoples and promotes their full and effective participation in all matters that
concern them. It also ensures their right to remain distinct and to pursue their own
priorities in economic, social and cultural development. The Declaration explicitly
encourages harmonious and cooperative relations between States and indigenous
peoples
COMELEC Resolution NO. 10080 RULES AND REGULATIONS ON PILOT
INDIGENOUS PEOPLES VOTING IN SELECTED VOTING CENTERS IN
OCCIDENTAL AND ORIENTAL MINDORO IN CONNECTION WITH THE MAY 9,
2016 NATIONAL AND LOCAL ELECTIONS AND SUBSEQUENT ELECTIONS
THEREAFTER
It has addressed issues on accessibility, discrimination, intimidation,
and the hakot system or hamletting experienced by selected IP voters. The
Comelec will pilot IP voting in Mindoro on May 9 where 3,000 Mangyans from
Oriental and Occidental Mindoro will be allowed to vote in special voting
areas.
Jurisprudence
Unduran vs averasturi
Agapay vs COMELEC
Facts: Agapay ng Indigenous Peoples Rights Alliance Inc (A-IPRA) was
disqualified for participating in the May 2013 elections due to the ff. reasons:
-Cancelled registration and accreditation
- Failure to prove that its five nominees are members of the indigenous
people sector;
- Failure to prove that its five nominees actively participated in the
undertakings of the party; and
- Failure to prove that its five nominees are bona fide members.
Issues: first, whether the COMELEC committed grave abuse of discretion amounting to lack
or excess of jurisdiction in disqualifying petitioners from participating in the 13 May 2013
party-list elections, either by denial of their new petitions for registration under the party-list
system, or by cancellation of their existing registration and accreditation as party-list
organizations; and second, whether the criteria for participating in the party-list system laid
down in Ang Bagong Bayani and Barangay Association for National Advancement and
Transparency v. Commission on Elections 49 (BANAT) should be applied by the COMELEC in
the coming 13 May 2013 party-list elections.
RULING: We hold that the COMELEC did not commit grave abuse of discretion in following
prevailing decisions of this Court in disqualifying petitioners from participating in the coming
13 May 2013 party-list elections. However, since the Court adopts in this Decision new
parameters in the qualification of national, regional, and sectoral parties under the party-list
system, thereby abandoning the rulings in the decisions applied by the COMELEC in
disqualifying petitioners, we remand to the COMELEC. A-IPRA shall be remanded to the
COMELEC.