GROUP 10:

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The Indigenous Peoples Rights Act (IPRA) of 1997 (Republic Act No.
8371) is the primary law that recognizes and protects the rights of
Indigenous Peoples (IPs) in the Philippines, including their cultural heritage.
The IPRA acknowledges the right of IPs to preserve and develop their
cultures, traditions, and institutions.
Protection of Crafts:
The IPRA recognizes the right of ICCs/IPs to practice and revitalize their
traditional cultural heritage, including their crafts, and to benefit from their
traditional knowledge and practices.
Section 29, RA 8371: Protection of Indigenous Culture, Traditions
and Institutions.
The State shall respect, recognize and protect the right of ICCs/IPs to
preserve and protect their culture, traditions and institutions. It shall consider
these rights in the formulation and application of national plans and policies.
Joint Administrative Order No. 01, 2016 (JAO), issued by the National
Commission on Indigenous Peoples (NCIP) and the Intellectual Property Office
(IPO), provides specific rules and regulations on intellectual property rights
applications and registration protecting the Indigenous Knowledge Systems
and Practices (IKSPs) of IPs. The JAO aims to prevent the misappropriation of
IKSPs and encourage tradition-based creations and innovations.
Key Provisions of the JAO:
Community Intellectual Rights: The JAO recognizes the communal
ownership of intellectual property rights by IPs, including their art forms.
Free Prior and Informed Consent (FPIC): The JAO requires that anyone
seeking to register intellectual property rights involving IKSPs must obtain
FPIC from the concerned indigenous community.
IKSP Registry: The NCIP, along with other cultural government agencies, is
tasked with establishing an IKSP registry to assist the IPO in determining the
use of IKSPs.
These laws provide a framework for protecting indigenous art in the
Philippines, but challenges remain in ensuring effective implementation and
enforcement[__LINK_ICON].
INTELLECTUAL PROPERTY AND FAIR COMPENSATION
Cordillera Weavers Cry Foul as Fake Fabrics Flood Market
Weavers in the Cordillera region are calling for government protection
against counterfeit fabrics flooding local markets, threatening the livelihood
of indigenous artisans.
The Issue: Machine-made replicas of Cordillera-woven blankets and
garments, often made of cheaper materials, are being imported from China
and sold at significantly lower prices. These counterfeit products, according
to Virginia Doligas, manager of Easter Weaving Room Inc., are deceiving
customers and hurting small businesses that sell authentic indigenous
fabrics.
Economic Impact: Doligas warned that without protection, the influx of fake
products could cause “irreversible damage” to the weaving industry, which
was already struggling due to the pandemic. She highlighted the economic
contributions of Easter Weaving Room, which employs 100 women weavers
at a rate higher than the city’s minimum wage. The company also provides
looms to mothers to earn a living from home.
Cultural Appropriation: Lawyer Atanacio Addog, legal officer of the
National Commission on Indigenous Peoples (NCIP) in the Cordillera,
emphasized the importance of protecting indigenous cultural intellectual
property. The 1987 Constitution and the Indigenous Peoples Rights Act (RA
8371) offer safeguards, and Addog stated that international treaties also
prevent the influx of counterfeit products that infringe upon Filipino
indigenous rights.
Action Plan: The NCIP is actively working to amend existing laws to better
protect cultural art forms and indigenous knowledge. A task force is
reviewing the impact of commerce on indigenous communities and their
commodities. NCIP has directed shops to cease importing and selling
counterfeit products and is prepared to take legal action against retailers.
The city council is drafting measures to prevent companies from
appropriating or pirating Cordillera crafts.
Background: Baguio City was recognized by UNESCO as a Creative City for
its folk art and crafts in 2017. This recognition highlights the economic and
cultural significance of the weaving tradition in the region.
Call to Action: The Cordillera weaving community is urging the government
to act swiftly and effectively to protect their cultural heritage and economic
interests from the influx of counterfeit products.
Outcome: While no specific rulings have been documented, the case has
prompted investigations and calls for action from government agencies to
protect indigenous crafts and ensure fair compensation for the artists who
create them.
Significance: This case raises concerns about the economic exploitation of
indigenous artists and underscores the need for policies that prevent cultural
appropriation and ensure fair compensation for their work.
([Link]
weavers-seek-protection-vs-fake-fabrics/amp)
“We Will Not Be Ascribed as a Sandal”: IP Leaders Rage at Use of
Ethnic Groups’ Names as Footwear Brands
Source: [Link], [Publication Date – 5 years ago]
Author: Kimberlie Quitasol
Theme: The article discusses the outrage expressed by indigenous peoples’
(IP) leaders in the Philippines regarding the use of their ethnic group names
as brand names for footwear products by the company “Tribu Nation.” It
highlights the issue of cultural appropriation and lack of respect for
indigenous cultural identity.
Core Points:
Cultural Appropriation: Indigenous leaders are angered by the use of their
ethnic group names, such as “Kankana-ey,” “Yakan,” and “Manobo,” without
their consent or recognition. They view this practice as disrespectful and
exploitative.
Lack of Consent: The article states that the footwear company did not
consult with the indigenous communities before using their names for
branding. This lack of respect for their cultural ownership is a significant
concern.
Commodification of Culture: The indigenous leaders argue that their
identities and cultural heritage should not be commodified for commercial
gain without proper recognition and benefits. They are demanding respect
and acknowledgment. They pointed out that the company was profiting from
their names and cultural identities without their consent or fair
compensation.
Phenomenon: The article highlights a specific case of cultural appropriation
involving the use of indigenous names for footwear products by the company
“Tribu Nation.” This incident has sparked outrage and demands for greater
protection of indigenous cultural rights.
Response:
NCIP Action: The National Commission on Indigenous Peoples (NCIP) central
office has announced that they will take legal action against the
manufacturer.
Company Apology: The company, “Tribu Nation,” has apologized, claiming
that they were paying tribute to the tribes rather than promoting any form of
discrimination. However, the indigenous leaders are not accepting this
apology, demanding respect and acknowledgment of their cultural heritage.
Valuable Points:
The article sheds light on a critical issue affecting indigenous communities in
the Philippines. It highlights the importance of respecting indigenous cultures
and traditions, particularly in the context of commercialization. The
indigenous leaders’ call for recognition and respect is crucial for ensuring the
protection of their heritage and cultural integrity.
Efforts to Protect Indigenous Rights
The National Commission on Indigenous Peoples (NCIP) is working to address
these issues. They are advocating for legal reforms to better protect
indigenous intellectual property rights and ensure fair compensation for the
use of their cultural heritage.
The Importance of Fair Trade Practices
Fair trade practices are crucial for supporting indigenous artisans and
ensuring their livelihoods. Organizations like the Artists’ Development
Cooperative (ADC) in the Philippines are working to connect indigenous
artisans with international markets and ensure they receive fair prices for
their products.
The Ongoing Struggle for Recognition and Respect
The struggle for fair trade and compensation for indigenous artists in the
Philippines is ongoing. It requires continued advocacy, awareness-raising,
and legal reforms to ensure that indigenous communities are respected and
their cultural heritage is protected.
ETHICAL SOURCING OF MATERIALS
In the Philippines, indigenous communities often rely on natural
resources for their cultural practices and livelihoods. However, the
excessive use or overharvesting of these materials can lead to
environmental degradation and legal challenges.
Background: One pertinent example involves the harvesting of almaciga
resin from the Agathis philippinensis tree, commonly known as almaciga.
This tree is native to the Philippines and thrives in the country’s remaining
forested areas. Indigenous groups, such as the Pala’wan people, have
traditionally tapped almaciga trees for their resin, which is used in various
products like varnishes, adhesives, and incense. This practice has been a
significant source of income for these communities.
To address the excessive use of almaciga resin and its environmental impact,
the Philippine government and various organizations have taken several
actions:
Actions Taken by the Government and Local Communities:
1. Regulation and Permits by the DENR (Department of
Environment and Natural Resources)
The DENR requires indigenous communities and traders to obtain permits for
harvesting almaciga resin to ensure sustainable practices. They have also set
harvesting guidelines, such as limiting the depth and frequency of tree
tapping to prevent long-term damage. The National Commission on
Indigenous Peoples (NCIP) has been involved in ensuring that indigenous
rights under the Indigenous Peoples’ Rights Act (IPRA) of 1997 are respected
while enforcing environmental rules.
2. Training and Education on Sustainable Harvesting
Non-governmental organizations (NGOs) and local government units (LGUs)
have conducted training sessions to teach sustainable tapping techniques.
These efforts focus on preventing deep cuts that harm the trees and
encouraging longer recovery periods between harvests.
3. Establishment of Protected Areas
In some areas, protected landscapes such as the Mount Mantalingahan
Protected Landscape (MMPL) in Palawan have been created to restrict
destructive harvesting. The government and conservation groups enforce
strict regulations within these areas, making unsustainable harvesting
punishable by law.
4. Alternative Livelihood Programs
The government and some NGOs have introduced alternative livelihood
projects, such as eco-tourism, handicrafts, and sustainable agriculture, to
reduce dependence on almaciga resin tapping. These programs aim to
provide indigenous communities with additional income sources while
preserving their forests.
5. Enforcement and Penalties
The DENR and the local government have cracked down on illegal resin
traders and unregulated harvesting. Some violators have faced fines and
legal action for overharvesting and violating permit conditions.
Outcomes of These Actions:
1. Increased Awareness and Sustainable Practices
Many Indigenous communities, especially in Palawan and Mindoro, have
adopted better tapping methods, reducing tree mortality. Some groups now
monitor their own harvesting activities to ensure long-term sustainability.
2. Reduction in Overharvesting, but Challenges Remain
While regulations have helped, illegal harvesting and smuggling still occur,
especially in remote areas where enforcement is weak. Some traders bypass
regulations by buying resin from unregistered sources.
3. Improved Forest Conservation in Protected Areas
Protected landscapes like Mount Mantalingahan have benefited from stricter
monitoring, leading to better forest conservation in certain regions. However,
in non-protected areas, enforcement is still inconsistent.
4. Mixed Economic Impact on Indigenous Communities
Some indigenous groups have successfully shifted to alternative livelihoods,
improving their financial stability. However, for those who depend solely on
resin tapping, government restrictions have sometimes caused income loss,
leading to resistance against regulations.
[Link]
ETHICAL REPRESENTATION IN MEDIA AND COMMERCIALIZATION
Case: Apo Whang-Od and Nas Academy Controversy (2021)
Background:
Apo Whang-Od, a renowned Kalinga tattoo artist from the Butbut Tribe, was allegedly featured
in an online course by Nas Academy (owned by vlogger Nas Daily) without proper consent.
The online course, titled the "Whang-Od Academy," claimed to teach the ancient art of Kalinga
tattooing.
Whang-Od's relatives and the National Commission on Indigenous Peoples (NCIP) stated that
she did not understand or approve of the contract.
Issues Faced:
1. Misrepresentation of Indigenous Knowledge
 The Butbut Tribe claimed that Whang-Od's tattooing tradition was being
commercialized without respecting their cultural protocols.
 The contract was allegedly signed without proper Free, Prior, and
Informed Consent (FPIC), a legal requirement under the Indigenous Peoples'
Rights Act (IPRA) of 1997.
2. Possible Exploitation and Unauthorized Use of Indigenous Identity
 The Whang-Od Academy course could have exploited the Butbut
community's cultural heritage for profit without fair compensation.
Legal Actions and Government Response:
 The NCIP launched an investigation into the contract and whether
Whang-Od gave informed consent.
 The Butbut community demanded accountability, emphasizing their right
to control how their cultural traditions are shared.
 Nas Academy temporarily shut down its operations in the Philippines
amid the controversy.
Outcome:
 Nas Academy withdrew the Whang-Od course, stating that they believed
they had proper consent but respected the NCIP's decision.
 The case raised awareness about indigenous rights and how companies
must properly engage with indigenous communities before using their knowledge
for commercial purposes.
 The NCIP reaffirmed the need for FPIC, strengthening protections for
indigenous cultural property.
Who "Won" the Case?
While there was no formal court ruling, the Butbut Tribe and indigenous rights advocates
succeeded in stopping the commercialization of Whang-Od's tattooing tradition without proper
consent. The case set a strong precedent for how indigenous practices should be represented
and protected in the Philippines.
[Link]
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