Correcting Historical Injustices for Indigenous Peoples right and welfare

Formal recognition of customary laws is one of the most crucial challenges faced by indigenous peoples
today. As stated in the UN Draft Declaration on the Rights of Indigenous People. Article 26 acknowledges
the recognition of indigenous peoples’ rights over lands traditionally used and occupied by them,
including the recognition of their own land tenure systems, and Article 27 provides for the restitution of
lands that were taken without their consent or adequate compensation and other measures of redress,
at the very least. The Indigenous Peoples Rights Act (IPRA). ILO Convention No. 169 and the UN Draft
Declaration. Customary laws of indigenous peoples also need to be formally acknowledged by national
law. Without such recognition, there is likely to be further erosion of such laws. Recognition of these
laws may need to be supplemented by the recognition of the traditional and judicial institutions of
indigenous peoples in the Philippines. Ultimately, governments need to be encouraged to recognize the
laws and systems of indigenous peoples by accepting legal and procedural pluralism as a viable legal and
administrative reality. This is already practiced in various forms, such as in Mizoram, India; Sabah and
Sarawak in Malaysia, and in the CHTs, Bangladesh. Governments in Asia. Philippines government also
need to acknowledge the Indigenous people law so we can correct the historical injustices for
indigenous people right and welfare.

Recommendations
To governments:

1. Discriminatory views and misconceptions about indigenous laws and systems need to be addressed.
National institutions should prioritize developing their knowledge on the customary systems within their
jurisdiction with indigenous peoples’ input. Adequate resources should be allocated for the study of
models for implementing hybrid state–indigenous legal systems. Constitutional provisions and safeguard
practices should be considered within this process. Technical assistance from the Office of the High
Commissioner on Human Rights should be sought if necessary.

2. The collection and systemization of information relating to indigenous customary laws should not
necessarily translate into the official codification of oral custom. The effective participation as well as
free and informed consent of affected indigenous peoples should be sought when negotiating the
framework for recognition and the possible integration of customary laws into the mainstream legal
system.

3. In cases where customary law practices violate the basic rights of women and children, as recognized
in international human rights standards, strong efforts need to be made to discontinue such practices.
Governments are encouraged to take greater steps towards implementing the Convention on All Forms
of Discrimination against Women and the Convention on the Rights of the Child. Governments and
NGOs are encouraged to disseminate information on the universal human rights of women and children,
and on how these intersect with customary laws.
To development agencies:

4. Development agencies should be aware of the effect of sedentarization programmes on indigenous

peoples’ customary land rights and related social institutions. The cultural integrity of indigenous
communities and their systems should be held in the highest regard. As such, free and informed consent
from the target indigenous communities must be sought prior to the implementation of projects.
Indigenous men and women’s active involvement should also be sought during the project’s
implementation and evaluation. To the international community:

5. NGOs should aim to increase the capacity of local indigenous groups, as well as national and local
human rights organizations, to produce shadow reports to the relevant UN treaty bodies on customary
law-related issues.

6. NGOs should assist government agencies in collecting best practices regarding legal pluralism, as well
as documenting the existing examples of customary law systems.