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`MOUNTAIN VIEW COLLEGE

SCHOOL OF ARTS AND SCIENCES


General Education Department
PHILIPPINE INDIGENOUS SOCIETY
WORKSHEET NO. 7
Name: Jenny T. Nacorda

Assessment of IP Issues and Concerns: A Position Paper


Instructions: Please provide your position (assessment and recommendations) and cite UNDRIP provisions on every items
provided below (see Moodle for the attachment of the UNDRIP file). Also, please cite the sources and references you can
utilize. You may also search further supplemental articles and any reports for the issues provided.
ISSUES POSITION UNDRIP SOURCES/REFERENCES
(Assessment and (United Nations Declaration on the
Recommendation) Right of Indigenous People)
A number of Dulangan-
Manobos are being After electing a new Article 17
made laborers/farm government and issuing new Indigenous individuals and Strachan, A. L. (2015).
workers without pay orders outlining some of their peoples have the right to enjoy fully Conflict analysis of
within Autonomous plans to the locals, ARMM all rights established under Muslim Mindanao.
Region in Muslim recently converted to BARMM. We applicable international and GSDRC, University of
Mindanao (ARMM) frequently become aware of their domestic labour law. Birmingham.
condition. Initiating a collective
bargaining agreement among Article 4
workers and paying for their Indigenous peoples, in exercising
rights must change because some their right to self-determination,
Muslim regimes are corrupt. have the right to autonomy or self-
government in matters relating to
their internal and local affairs, as
well as ways and means for
financing their autonomous
functions.
Grabbing of ancestral
lands by both Moros Tribal, ethnic, and indigenous Article 10 Paredes, O. (2015).
and settlers populations have been denied Indigenous peoples shall not be Indigenous vs. native:
access to their ancestral lands by forcibly removed from their lands or Negotiating the place of
laws. They were forced off the territories. No relocation shall take Lumads in the
land they depended on for their place without the free, prior and Bangsamoro homeland.
livelihood through so-called informed consent of the indigenous Asian Ethnicity, 16(2), 166
"development" efforts. Long after peoples concerned and after -185.
colonial rule had ended, their agreement on just and fair
marginalization, dispossession, compensation and, where possible,
and other forms of injustice with the option of return.
persisted.
This struggle had claimed Article 27
regions and given wealthy and States shall establish and
powerful individuals control over implement, in conjunction with
large areas of country. They indigenous peoples concerned, a
obviously want the championship fair, independent, impartial, open
and need need it for financial and transparent process, giving due
reasons. Those prepared to take recognition to indigenous peoples’
advantage of these laws, traditions, customs and land
comparatively favorable tenure systems, to recognize and
situations to improve the human adjudicate the rights of indigenous
rights conditions for Indigenous peoples pertaining to their lands,
Filipinos. Significantly improved territories and resources, including
indigenous people's human rights those which were traditionally
conditions, owned or otherwise occupied or
used. Indigenous peoples shall have
the right to participate in this
process.
Illegal land titling issued
by DENR to Moro Individuals lands are owned Article 26 Bolton, N., & Leguro, M.
by and held in trust for those who Indigenous peoples have the (2015). Local solutions to
do their business lawfully, and right to the lands, territories and land conflict in
they are subject to their degree. resources which they have Mindanao. Manila: CRS
They frequently cite the fact that traditionally owned, occupied or Philippines.
they occupy the bulk of the land, otherwise used or acquired.
which gives them the right to
renounce all other claims to it.
Threats to security of
IPs in barangays along Their social, economic, political, Article 29 Bolton, N., & Leguro, M.
the boundaries of the and legal marginalization is Indigenous peoples are entitled (2015). Local solutions to
Moro barangays, hindered by a variety of factors, to the preservation and protection land conflict in
outside their ancestral such as a lack of land and natural of the environment, as well as the Mindanao. Manila: CRS
domain or productive resources, the ability to use their lands, territories, Philippines.
denial or absence of cultural and resources productively.
rights, and the rejection of their
right to legal recognition. These
mistreatments, which affect how
they interact with others outside
of your culture, are a lesson in
how to establish their identity
secretly.
Reported cases of
harassment by Any unlawful or unwanted Article 2 Anwar, D. (2016). Path to
Bangsamoro Islamic behavior that could reasonably Indigenous peoples and Dominance-
Federation Fighters be expected or interpreted as individuals are free and equal to all Disaggregating Intra-
(BIFF) being humiliating or unpleasant other peoples and individuals and rebel Conflict between
to another person is considered have the right to be free from any Parent and Splinter
harassment. This is practically kind of discrimination, in the Group in Separatist
universal, and we should not put exercise of their rights, in particular Insurgency: Case Study
up with someone acting in this that based on their indigenous of Moro National
way. Numerous incidents of origin or identity. Liberation Front-Moro
harassment by Bangsamoro Islamic Liberation Front
Islamic Federation fighters have Article 7 in the Philippines, and
been documented (BIFF). Both the Indigenous individuals have the Karen National Union-
harassment and the violence rights to life, physical and mental Democratic Karen
were mentioned in such cases. integrity, liberty and security of Buddhist Army in Burma.
The motivations behind those person.
actions may have something to
do with BIFF's goal of creating an
independent Islamic state for the
Moro people, a group of Filipino
Muslims. However, it's also
possible that the group was
founded due to poverty and that
they would fight even the
government to accomplish their
objectives.
The first Bangsamoro Transition Commission (BTC) attempt in a plenary session for a separate section of the BTC was able
to come up with 9 articles, 145 sections and 1 preamble:
Art. 1. Sec. 2. Name.
On the term The vast majority of IPs deny Article 13 Paredes, O. (2015).
“Bangsamoro”, the being a part of the Bangsamoro Indigenous peoples have the Indigenous vs. native:
proposed name of the and refuse to accept either of right to revitalize, use, develop and Negotiating the place of
political entity under the them as such. Although this is a transmit to future generations their Lumads in the
Basic Law. matter of personal preference, histories, languages, oral traditions, Bangsamoro homeland.
Some IPs do not want some of them desire autonomy philosophies, writing systems and Asian Ethnicity, 16(2), 166
to be referred as and the ability to divulge their literatures, and to designate and -185.
Bangsamoro. real identities and places of origin. retain their own names for
communities, places and persons.
Article 15
Indigenous peoples have a right
to the respect and diversity of their
cultures, traditions, histories, and
ambitions, and these rights must be
effectively reflected in public and
educational institutions.
Art. 5. Powers of
Government. In 1997, after the declaration Article 20 Damao, M. K. (2021). The
Sec.3. Exclusive Powers. had been approved, IPRA passed Indigenous peoples have the Evolutionary
Par. 30. Ancestral lands the Indigenous Peoples' Rights right to uphold and develop their Responsefor
and natural Act. It was praised for promoting own political, economic, and social Bangsamoro Self-Rule.
resources shall be indigenous peoples' rights to their institutions, to enjoy their own International Journal of
lodged under the lands and their right to self- means of subsistence and Arts, Humanities and
exclusive powers of determination in the development development in safety, and to freely Social Studies, 3(5), 01-
ARMM. The of these lands in order to protect engage in all traditional and other 08.
Bangsamoro parliament their cultural integrity. These will economic activities.
shall create therefore be given to the
Bangsamoro programs Bangsamoro administration,
for the IPs. Thus, it will which will have complete control
no longer fall within the over them.
jurisdiction of the
NCIP.
Art. 5. Sec. 4. Other Yes, the court will able to Article 16 Dinglasan, A. K. M.
Exclusive Powers (BBL understand traditional systems, Indigenous peoples have the (2015). Minorities within
vs. IPRA, “judicial and despite the media's limited right to establish their own media in a minority: Teduray-
affirmation” vs. understanding of their their own languages and to have Lambangian women
common law – degree interpretable language, they access to all forms of non- and the quest for peace.
of evidence is very high; express a tremendous lot of indigenous media without
will the court able to gratitude for their advancement. discrimination.
understand traditional In order for their structures to
systems?) comply with the laws and
regulations, the court may make
certain suggestions.
and everyone involved in this
conversation needs to be open-
minded.

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