Topic: Human Rights Violence and Indigenous Displacement

Group Members: Cantila, Monique Claire

Codaye, Abul Hair A.
Judaya, Roxan E.
Luison, Ericka Coleen D.
Ramos, Paul Christian A.
I. OBJECTIVES
● To explain and determine the history of the struggle of indigenous group
● To understand the root causes of Human Rights Violence against Indigenous Group in
the Philippines
● To understand Human Rights Violence and Indigenous Displacement using the Three
Sociological Perspectives
● To identify the laws and constitutions that recognized and protect the rights of indigenous
people

II. INDIGENOUS PEOPLE AT THE UNITED NATION

Indigenous peoples are inheritors and practitioners of unique cultures and ways of relating
to people and the environment. They have retained social, cultural, economic and political
characteristics that are distinct from those of the dominant societies in which they live. Despite
their cultural differences, indigenous peoples from around the world share common problems
related to the protection of their rights as distinct peoples.

Indigenous peoples have sought recognition of their identities, way of life and their right
to traditional lands, territories and natural resources for years, yet throughout history, their rights
have always been violated. Indigenous peoples today are arguably among the most disadvantaged
and vulnerable groups of people in the world. The international community now recognizes that
special measures are required to protect their rights and maintain their distinct cultures and way of
life. Find below a short history of the indigenous struggle in the international stage.

1923-25: FIRST INTERNATIONAL INVOLVEMENT

Haudenosaunee Chief Deskaheh went to the League of Nations. He was not allowed to talk
and eventually left for his own nation in 1925. Even if they were unable to speak for themselves,
the generations that came after were sustained by his vision.

1981: MARTINEZ COBO STUDY

In the history of indigenous issues at the United Nations, there is considerable thinking and
debate on the definition of “indigenous peoples.” Indigenous communities, peoples and nations
are those which consider themselves distinct from other sectors of the societies now prevailing on
those territories, or parts of them. They form at present non-dominant sectors of society and are
determined to preserve, develop and transmit to future generations their ancestral territories, and
their ethnic identity. No such definition has ever been adopted by any UN-system body.
 This historical continuity may consist of the continuation, for an extended period
reaching into the present of one or more of the following factors:

1. Occupation of ancestral lands, or at least of part of them;

2. Common ancestry with the original occupants of these lands;
3. Culture in general, or in specific manifestations (such as religion, living under a tribal
system, membership of an indigenous community, dress, means of livelihood, lifestyle,
etc.);
4. Language (whether used as the only language, as mother-tongue, as the habitual means of
communication at home or in the family, or as the main, preferred, habitual, general or
normal language);
5. Residence on certain parts of the country, or in certain regions of the world;
6. Other relevant factors.

1982: Working Group on Indigenous Populations (WGIP)

In 1982 the Working Group on Indigenous Populations was established as a subsidiary
organ to the Sub-Commission on the Promotion and Protection of Human Rights. In 2007 the
Human Rights Council adopted resolution A/HRC/6/L.42 (HRC Resolution 6/36) establishing the
Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) as a follow-up to the informal
meeting, the indigenous caucus and a number of governments continued informal negotiations to
finalize a draft resolution to submit to the Human Rights Council.

1989: International Labour Organization (ILO) Convention 169

The ILO's Decent Work Agenda, which prioritizes gender equality and anti-discrimination,
acts as a framework for the empowerment of indigenous and tribal peoples. Indigenous men and
women may maximize their potential for tackling poverty, promoting sustainable development,
and combating climate change if they have access to meaningful employment.

1993: International Year of the World's Indigenous People

The UN General Assembly declared 1993 to be the International Year of Indigenous
Peoples. Indigenous organizations asked for the year to protect their rights and cultural integrity.
The UN Secretary-General launched the Voluntary Fund to help with the Year's programs and
endeavors.
1994: International Decade of the World's Indigenous Peoples

The International Decade of the World's Indigenous Peoples was established in 1994 after
the United Nations General Assembly passed resolution A/RES/48/163. Throughout the Decade,
a number of UN specialized organizations collaborated with indigenous peoples to develop and
carry out programs in the areas of environment, housing, employment, and development.

2000: Permanent Forum on Indigenous Issues

In July 2000, the UN Permanent Forum on Indigenous Issues was created as a consultative
body for the Economic and Social Council. The Forum is made up of 16 individuals who serve as
independent, impartial specialists on indigenous problems. Once a year, typically in May, it hosts
two-week sessions in which indigenous peoples' organizations, States, and UN agencies take part.

The Permanent Forum has a mandate to:

● Provide expert advice and recommendations on indigenous issues to the Council, as well
as to programmes, funds and agencies of the United Nations, through the Council
● Raise awareness and promote the integration and coordination of activities related to
indigenous issues within the UN system
● Prepare and disseminate information on indigenous issues

2001: Special Rapporteur on the Rights of Indigenous Peoples

In 2001, the Special Rapporteur on the rights of indigenous peoples was appointed as part
of the system of thematic Special Procedures. Her mandate was renewed by the Commission on
Human Rights in 2004 and by the Human Rights Council in 2007. She reports on the overall human
rights situations of indigenous people in selected countries; Addresses specific cases of alleged
violations of their rights

In the fulfillment of her mandate, the Special Rapporteur:

● Promotes good practices, including new laws, government programs, and constructive
agreements between indigenous peoples and states, to implement international standards
concerning the rights of indigenous peoples;
● Reports on the overall human rights situations of indigenous peoples in selected
countries;
● Addresses specific cases of alleged violations of the rights of indigenous peoples through
communications with Governments and others;
● Conducts or contributes to thematic studies on topics of special importance regarding the
promotion and protection of the rights of indigenous peoples.

2005: Second International Decade of the World's Indigenous Peoples

In 2005, the UN General Assembly recognized the period 2005–2015 as the Second
International Decade of the World's Indigenous People. Promoting inclusion of indigenous peoples
in the design, execution, and evaluation of international, regional, and national processes was one
of the Decade's five goals. A total of 151 projects received funding from the Trust Fund between
2006 and 2014, with a concentration in Asia, Africa, Central and Eastern Europe, and the
Caucasus. Human rights (38%) and social and economic development (23%) have been the main
topics of financed projects.

2007: Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)

 The UN Human Rights Council established the Expert Mechanism on the Rights of
Indigenous Peoples (EMRIP) in 2007. It is composed of five independent indigenous rights experts
chosen by the Council. Every year, the Mechanism convenes a session in July that is attended by
representatives of States, indigenous peoples, and civil society.

2007: UN Declaration on the Rights of Indigenous Peoples (UNDRIP)

The UN General Assembly approved the Declaration on the Rights of Indigenous Peoples
in 2007. It is the most thorough articulation of indigenous peoples' rights ever created. It prioritizes
collective rights in a way that is unheard of in international human rights legislation. The
international community's commitment to the defense of indigenous rights is made explicit by the
adoption of this instrument.

2014: World Conference on Indigenous Peoples (WCIP)

On September 22 and 23, 2014, there was the inaugural World Conference on Indigenous
Peoples. The gathering provided an opportunity to exchange ideas and best practices for achieving
the goals set forth in the United Nations Declaration on the Rights of Indigenous Peoples while
also advancing indigenous rights.

2019: International Year of Indigenous Languages

Indigenous languages are under threat, according to the Permanent Forum on Indigenous
Issues of the United Nations. The Forum agreed with the expert group's 2016 suggestion that the
General Assembly declare a global year. The International Year of Indigenous Languages will take
place in 2019, and UNESCO will act as the Year's principal UN organization.

2020: A Call to Action on Building an Inclusive, Sustainable and Resilient Future with
Indigenous Peoples

The UN System Chief Executives Board for Coordination took the opportunity to revitalize
the SWAP-Indigenous Peoples action plan. The call to action was developed through the Inter-
Agency Support Group on Indigenous Issues. It reaffirms the Executive Heads' commitment to
supporting Member States in the promotion, protection and realization of the rights of indigenous
peoples.

2022: International Decade of Indigenous Languages (IDIL)

● Members States and the United Nations system, the Permanent Forum on Indigenous
Issues recommended the General Assembly to proclaim an International Decade on
Indigenous Languages in 2019 (see E/C.19/2019/10, para 22).
● As recommended by the Permanent Forum on Indigenous Issues, the UN General
Assembly proclaimed in 2019 through Resolution A/RES/74/396 the International
Decade of Indigenous Languages (2022-2032).The Permanent Forum believes that the
International Decade provides a unique opportunity for creating sustainable changes in
 complex social dynamics for the preservation, revitalization and promotion of indigenous
languages.
● The Permanent Forum welcomed the establishment of a Global Task Force for the
International Decade.
● The Global Task Force will provide strategic direction and oversight in preparing,
planning, implementing and monitoring progress made towards attaining the objectives
established on the Global Action Plan for the Decade.
● Three members of the Permanent Forum are part of the Global Task Force, one in the
Steering Committee and two in the Advisory Group.

III. INDIGENOUS PEOPLES IN PHILIPPINES

Indigenous peoples in the Philippines have retained much of their traditional, pre-colonial
culture, social institutions and livelihood practices. They generally live in geographically isolated
areas with a lack of access to basic social services and few opportunities for mainstream economic
activities, education or political participation.

The population census conducted in the Philippines in 2010 for the first time included an
ethnicity variable, but no official figure for Indigenous peoples has been released yet. The
country’s Indigenous population thus continues to be estimated at between 10% and 20% of the
national population of 100,981,437, based on the 2015 population census.

IGOROT LUMAD MANGYAN

IV. DRIVEN FROM HOME, PHILIPPINE INDIGENOUS PEOPLE LONG FOR THEIR
LAND

As Philippine military battalions closed in, shutting down schools, rounding up men and
harassing women, Tungig Mansumuy had to make a tough decision: stay and protect their homes,
or flee to save their lives and risk losing their land.

After discussions with other tribesmen, Mansumuy, the chief of a Lumad tribe in Mindanao
island, decided they had to leave and seek shelter until martial law was lifted and it was safe to
return to their homes in Talaingod village.
 Today 244 of them, mostly women and children, are in rickety shelters of bamboo and
tarpaulin in the middle of a banana plantation in Madaum village, about 80 km (50 miles) from
Davao City, with no inkling of when they can return to their homes.

The Lumad in Mindanao in southern Philippines are part of nearly 17 million indigenous
people in the country. They are among the poorest of minority groups, with little access to social
services including education and healthcare, experts say.

They have been caught in the middle of a five-decade old insurgency, as well as a push by
logging and mining companies to tap Mindanao’s rich resources including gold, copper and nickel,
after President Rodrigo Duterte said he would welcome investors.

Their vulnerability has been exacerbated by the extension of martial law imposed in
Mindanao last May by Duterte, who has called the island a “flashpoint for trouble” and atrocities
by Islamist and communist rebels.

‘Massive’ Abuses

The Philippines was the deadliest country in Asia last year for land and environment
activists amidst a government crackdown on rural communities, according to advocacy group PAN
Asia Pacific.

Ancestral Domain

Campaigners say indigenous people in Mindanao are particularly vulnerable under martial
law, imposed after Islamist militants took over the city of Marawi.

At least 60 tribal people have been killed since 2016 when Duterte came to power, many of them
in Mindanao, according to rights groups.

Duterte, who is from Mindanao, has threatened airstrikes on indigenous schools that he
said are teaching “subversion” and communism. Lumad elders deny this, but dozens of schools
have been shut or destroyed.

But activists and United Nations experts have said the Lumad have suffered widespread
human right abuses that could intensify with the extension of martial law to December.

Thousands of Lumad people have been displaced and some killed, said Victoria Tauli-
Corpuz and Cecilia Jimenez-Damary, the U.N. Human Rights Council’s special rapport on the
rights of indigenous peoples and internally displaced people.
 Some of the attacks by military personnel were based on suspicions that the Lumad are
involved with militant groups, or because they resisted mining activities on their ancestral land,
they said in a report last December.

Campaigners say the extended militarization of Mindanao is intended to force indigenous

people off their land, so they can be handed over to mining, energy and logging companies.

Ancestral domains are protected by the Indigenous Peoples’ Rights Act 1997, which recognizes
their control of these lands.

Commercial use of the land needs the free, prior and informed consent of indigenous
people, according to U.N. guidelines. But it is rarely sought, and social and environmental impacts
are never revealed, campaigners say.

Duterte, who remains immensely popular, said in February he would open ancestral
domains in Mindanao to investors to generate wealth. He said he would pick the companies
himself.

Duterte vowed to provide livelihood assistance to the indigenous people if they supported his plan.

But for the Lumad sheltering hundreds of miles from home, the promise means little.

Not far from the banana plantation where Mansumuy and his clan have settled temporarily,
a group of about 40 tribal people who fled from Mindanao’s Compostela Valley are preparing to
build shelters before the rainy season.

V. INDIGENOUS PEOPLE RIGHTS ACT 1997 (REPUBLIC ACT No. 8371 of 1997)

An Act to recognize, protect and promote the rights of Indigenous Cultural

Communities/Indigenous Peoples, creating a National Commission on Indigenous Peoples,
establishing implementing mechanisms, appropriating funds therefore, and for other purposes.

THE RIGHTS OF INDIGENOUS PEOPLE

Indigenous People

Who are they?

 Indigenous people as those people who inhabited a land before it was conquered by
colonial societies and who consider themselves distinct from the societies currently governing
those territories.

According to Martinez-Cobo, 1984 Indigenous people are those who have a historical
connection to the pre-invasion and pre-colonial societies that evolved on their lands.

The Indigenous Peoples of the world are very diverse.

Indigenous Peoples Worldwide:

Number between 300-500 million, -Embody and nurture 80% of the world’s cultural and
biological diversity -Occupy 20% of the world’s land surface.

Indigenous Peoples are concerned with preserving land, protecting language and
promoting culture.

Indigenous Peoples are always adjusting and adapting to changes in the world.

All Indigenous Peoples have one thing in common

They all share a history of injustice.

Some state governments oppose use of the term “peoples” in regards to Indigenous Peoples
because they fear its association with the right of secession and independent statehood.

Some States have argued that a more conscientious application of human rights standards
would resolve the issue.

International

International legal instruments take the form of a treaty (also called agreement, convention,
covenant, protocol), which may be binding, on the Contracting States.

Ratification or Accession

Indigenous Peoples' rights overlap with many other human rights.

VI. SOCIOLOGICAL PERSPECTIVE ON HUMAN RIGHTS VIOLENCE AND

INDIGENOUS DISPLACEMENT

STRUCTURAL FUNCTIONALISM ON INDIGENOUS DISPLACEMENT.

 Structural functionalism is a sociological theory that says that every part of society serves
a purpose, and that society is a complex system with many different interdependent parts. This
theory can be used to explain why indigenous groups are often displaced from their traditional
homelands. Structural functionalism says that every part of society has a function, and that when
one part of society changes, it can have an impact on other parts of society. In the case of
indigenous displacement, the change is the loss of traditional homelands, this means they may no
longer have access to the natural resources that they need for their survival. This can lead to poverty
and hunger. This can have a negative impact on the ability of indigenous people to maintain their
cultural identity and traditions. They are disconnected from their homeland and their community.
They often lose their language and traditions when they are forced to assimilate into the dominant
culture.

The manifest function of displacement is to provide individuals and groups with

opportunities to leave an area that is perceived to be unsafe or unsuitable for habitation. This often
occurs in the aftermath of natural disasters, such as earthquakes or hurricanes, but can also be the
result of conflict or persecution. The latent function of displacement is to create new social and
economic opportunities for those who are forced to leave their homes. This can include access to
new resources, education, and employment. It can also lead to the formation of new social
networks and the development of new skills.

STRUCTURAL FUNCTIONALISM ON HUMAN RIGHTS VIOLENCE

Structural functionalism is a sociological theory that views society as a system of

interconnected parts that work together to promote stability and order. This theory can be used to
explain how and why human rights violations occur.

The manifest function of human rights violence is to bring about change in a society
through the use of force. The latent function of human rights violence is to maintain order in a
society by punishing those who violate the law.

Violations of human rights typically occur when there is a breakdown in the functioning
of a social system. For example, if a government fails to protect its citizens from violence, this can
lead to human rights violations. In some cases, a social system may be deliberately designed to
violate human rights, as in the case of Duterte’s War on Drugs.

Functionalists would argue that human rights violations occur because of a failure of the
social system to function properly. This theory can help to explain why some societies are more
prone to human rights violations than others. It can also help to identify what needs to be done to
prevent or reduce such violations.

CONFLICT THEORY ON INDIGENOUS DISPLACEMENT

 The conflict theory would suggest that the displacement of indigenous people is a result of
the conflict between the indigenous people and the government. The government wants to develop
the land for economic gain like industrialization and tourism while the indigenous people want to
keep the land for cultural and spiritual reasons. This conflict can lead to violence and displacement.

CONFLICT THEORY ON HUMAN RIGHTS VIOLENCE

The conflict theory on human rights violence posits that there is a conflict between those
who want to uphold human rights and those who want to violate them. This theory suggests that
violence is a result of this conflict, and that human rights violations are perpetrated by those who
feel they have something to gain from doing so. This theory is based on the idea that humans are
naturally inclined to conflict, and that violence is a natural outgrowth of this conflict.

SYMBOLIC INTERACTIONISM ON INDIGENOUS DISPLACEMENT

Symbolic interactionism is a sociological theory that looks at the way people interact with
each other. It suggests that people create their own reality through their interactions with others.
In the context of indigenous displacement, symbolic interactionism would suggest that the reality
of displacement is created through the interactions between the indigenous people and the people
who are displacing them. Indigenous people are especially vulnerable to displacement, as they
often do not have the same legal rights as other people and are often not protected by the
government. This can lead to them being forcibly removed from their land or being forced to live
in poor conditions. This theory would highlight the importance of communication and
understanding between the two groups in order to create a reality that is acceptable to both.

SYMBOLIC INTERACTIONISM ON HUMAN RIGHTS VIOLENCE

Violence is an act of physical force that causes or is intended to cause harm to someone. It
can also be defined as the use of power to physically force someone to do something against their
will.

According to symbolic interactionism, violence is a result of the way we interact with one
another. If we use symbols that are associated with violence, then we are more likely to engage in
violence ourselves. For example, if we see someone using a gun in a movie, we are more likely to
think that it is acceptable to use a gun in real life.

Symbolic interactionism can help to explain why some people are more likely to engage in
violence than others. It can also help to explain why some people are more likely to be the victims
of violence.

Symbolic interactionism is a useful theory for understanding human behavior. It can help
us to understand why violence occurs and how we can prevent it.