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.