Professional Documents
Culture Documents
SocSci102N - Reviewer
SocSci102N - Reviewer
SocSci102N - Reviewer
4. Active bigots
Prejudiced and discriminates 3. Internal Colonialism
Robert Merton – prejudice and discrimination go hand in - dominant groups exploit minority groups for
hand. A sociologist. economic advantage.
- Dominants manipulate social institutions to suppress
minorities and deny them full access to their society
GENERAL FACTORS
benefits. Done by their fellow citizens and not by
1. Ethnocentrism outsiders. (Land grabbing)
- A belief that one’s culture is superior over other Lack of knowledge?
cultures. “Own culture is the best” Exploitation of the minority group for the dominant groups
- Evaluate other cultures by using your own culture as economic advantage.
a standard. “Different perception but mine is better” The practice of oppression and exploitation of minor groups
Belief that one's own culture is better than other groups. and it is done by their fellow citizens. It could be done by using
Differentiate or judge between the ingroup and out group. the opponent's weakness or disadvantage like lack of
2. Closure knowledge.
- Process where groups maintain boundaries
separating themselves from the others. Isolate 4. Segregation
themselves or physically separate from minorities. - Separation of racial/ethnic groups happens.
Safeguards its positions and privileges to its own group while Dominant group is allowed to make social distance to
not letting the outsiders have access. They draw boundaries to the minority while the minority is being exploited for
keep the resources to their own group and exclude others from labour. (slaves before - slave trade)
using them. Intentional separation of groups of people with differing
characteristics
3. Allocation of resources
- When a person integrates himself in the majority, one 5. Assimilation
must risk to lose or let go of the indigenous culture. - Could be force or permissible
- Have your own resources but there is no access. Ex. - Minority is absorbed into mainstream culture.
resources from the government. - Forced assimilation means that the dominant group
(Adjust or fitting self) refuses to let the minority practice their own culture.
(follow customs, speak language), they force people
HISTORICAL PERSPECTIVES ON THE CORRELATION to give it up and make them practice their culture
BETWEEN COLONIALISM AND RACISM (dominant culture).
- Permissible assimilation means that minorities are
1. Opposition between white and black as cultural
allowed to adopt the dominant group’s patterns in
symbols.
their own way and speed.
Discrimination in skin color. Dark skinned people are seen as
inferior. Dark people are seen as evil and white people are
6. Multiculturalism (Pluralism) - good kind pattern.
seen as pure.
- Permits or encourages racial and ethnic variation.
2. The coinage and diffusion of the concept of ‘race’
The minority group can maintain their separate
itself.
identities and participates fairly in the social
Division in the society.
institutions (education to politics)
3. Exploitative relations which the Europeans
- Let the minority integrate with the majority without
established with non-white peoples.
risking their own culture.
Slave trait? Denial of rights to non white people.
A: Hearing conducted by the elders (decision makers) -not Subsequence law from torrens system
formal. (Arbiter) Process for private claims
M: go between person - let the parties talk. Mediator will only 4. Public Land Act (CA 141)
a. Alienable or Disposable
be the facilitator and not the one to decide. Mediator has no
Pwede ibenta o ipamana
authority.
b. Timber
- non-confrontational Export wood
- Role of barangay c. Mineral Lands
May witnesses or they can be the one to settle Pwede mag mina
may at any time and in a like manner transfer such lands from
one class to another, for the purposes of their administration
and disposition.
5. Forestry Act of 1904 – Mari-it (Panay Island)
6. Mining Law of 1905
7. Public Land Acts of 1913, 1919 and 1925
PO: offences against the community 8. Jones Law of 1916, Sec. 9
9. Jones Law of 1916, Sec. 11
PM:
10. Forest Law 1917
Differences in Dispute-Settlement Practices 11. 1935 Constitution
1. Sapata 12. Forestry Administrative Order No. 14-1
● Ceremonial oath done iin murder, stealing
● Agree on punishments then decide on a period
CONSTITUTIONAL RIGHTS OF INDIGENOUS PEOPLES
● There is like an ill-effect if it happens, it means that,
it is the suspect. The one who did the wrongdoing will CONSTITUTIONAL ANCHORS
(Art. II, Sec. 22)
suffer the consequences depending on the
“The State recognizes and promotes the rights of indigenous
punishment like (Blindness, body deformities cultural communities within the framework of national unity
● Less/rarely used because of fear and development.”
2. Fines
● Settlement payments (Art. XII, Sec. 5)
● Money, animals, farm land. There is no fixed fine. “The State, subject to the provision of this Constitution and
national development policies and programs, shall protect the
3. Vengeance
rights of indigenous cultural communities to their ancestral
● “Higanti” not allowed and encouraged to be done in lands to ensure their economic, social, and cultural well
other places except for kalinga (somehow) being.”
Unit 3: PHILIPPINE NATIONAL LAND USE POLICIES AND (Art. XIV, Sec. 17)
INDIGENOUS PEOPLE’S LAND RIGHTS “The State shall recognize, respect and protect the rights of
indigenous cultural communities to preserve and develop their
http://hrao.pnp.gov.ph/wp-content/uploads/2022/03/IPRA-
cultures, traditions, and institutions. It shall consider these
LAW-1.pdf rights in the formulation of national plans and policies.”
COLONIAL POLICIES THAT AFFECTED THE IP’s LAND USE
AND TENURE THE IPRA (INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997)
1. Regalian Doctrine RA 8371- signed by fidel ramos
All lands of the public domain belong to the State. 1. recognize, protect, and promote the rights of
Used by the Spaniards to establish control. indigenous cultural communities or indigenous
2. Torrens System people
Proof of land ownership - land registration. 2. create National Commission of Indigenous People
Land title under the state if wala, it is considered na belong sa 3. Provide Indigenous peoples the right to their
state. ancestral domains and lands.
From the Americans - used to establish control 4. Ensure their economic, social and cultural well being
Negative effects: FOCUS ON PREJUDICE, discrimination, and stereotypes
● Only rich people have the means to process a land
title. Poor members of the community are left with
nothing. Hence, the state will claim the land. (will be DEFINITION OF TERMS: IPRA
named under the Republic state of PH)
● Block titling - one big parcel of land will only be
under the name of one person (Representative). ANCESTRAL DOMAINS ANCESTRAL LANDS
Negative because in the long run, these could lead to
disputes in the family. 1. All areas generally lands occupied, possessed
● Too bureaucratic. Mahabang process. belonging to the indigenous and utilized by individuals,
● Intricagacy? Hindi maintindihan ng IPs peoples held under a families and clans who are
3. Land Registration Act of 1902
Free Prior Informed Consent 3. Rights to Social Justice and Human Rights
The consensus of all members of the ICCs/IPs to be equal protection & non-discrimination - during armed conflict
determined in accordance with their respective customary - employment
laws and practices, free from any external manipulation, - basic social services
interference, and coercion, and obtained after fully disclosing Humanization of laws. They are not perfect. Involving ICs and
keeping them protected
the intent and scope of the activity, in a language and process
understandable to the community.
4. Right to Cultural Integrity
We have to get the consensus or consent of all indigenous Talks about culture, way of living, and practices of ICs that has
people in the community before we conduct an activity that to be protected. Covers, procedures and systems when it
involves them or their practices such as researches, movies, comes to farming, etc. avoiding commercialization.
etc. preserve & protect culture, traditions, institutions
- restitution of cultural, intellectual, religious & spiritual
property taken without their FPIC or in violation of their laws,
Individual Claims
traditions & customs
Claims on land and rights thereon which have been - IKSPs & to develop own science and technologies
devolved to individuals, families, and clans including, but not
limited to, residential lots, rice terraces or paddies and tree IKSPs - indigenouse knowledge systems and practices.
lots. These are knowledges, institutions, mechanisms and
technologies that evolve or develop through time, with in or
Native Title outside their domain.
Pre conquest rights to lands and domains as far back as
Refer to knowledge, innovations, practices,
memory reaches under a claim of public ownership. Never institutions,mechanisms and technologies of the IPs that
have been public lands and been held that way before spanish evolved/developed through time as they relate to their natural
lands …. Go way back before colonization. and human environment, within or outside their AD.
Spaniards made a system para mag karon ng lastname ang
Filipinos - by using wheel of names? (basta pinapili sila :( )
5. Creation of NCIP
Time Immemorial
https://www.sec.gov.ph/wp-content/uploads/2019/11/2018_
NON- RECOGNITION OF AD, ALL RIGHTS AND CLAIMS,
RTD_NCIP-PPT-PRESENTATION-SUSTAINABILITY-1.pdf CULTURAL PROTECTION
http://hrao.pnp.gov.ph/wp-content/uploads/2022/03/IPRA-
LAW-1.pdf (Page 30) ● Land grabbing (by members of the majority groups,
by rep of corporations, also by the state itself),
RIGHT TO ANCESTRAL LANDS AND DOMAIN displacement
Responsibilities of IP/ICCs ● Lumads, Ibalois
● Maintain ecological balance
● Restore denuded areas INSURGENCIES/ ARMED CONFLICTS
● Observe laws
● Chico River Hydroelectric Dam Project ‘70’s
● Macli-ing Dulag
RIGHT TO SELF-GOVERNANCE AND ENVIRONMENT Ex. NPAs
● Self-governance & self-determination
● Use commonly accepted justice systems, DEVELOPMENT AGGRESSION
peace-building processes, conflict resolution
RA 7942 (Mining Act of 1995)
institutions
● Mansaka, Mandaya, Tagbanua, Mangyans
● Original livelihood?
RIGHT TO SOCIAL JUSTICE AND HUMAN RIGHTS ● New practices?
Equal protection & Non-discrimination ● Economic Benefits of Mining and Logging Activities?
● During armed conflict ● Mangyan
● Employment
● Basic social services
CLIMATE CHANGE
Humanization of law
PD 1559 (Revised Forestry Code)
● Environmental Costs?
RIGHT TO CULTURAL INTEGRITY ● Social Costs?
● preserve & protect culture, traditions, institutions ● Status of CADT/CALT application
● Restitution of cultural, intellectual, religious &
spiritual property taken without their FPIC Nor in
PARADIGM SHIFT AND IPRA
violation of their laws, traditions & customs
● IKSPs & to develop own science and technologies There is a status quo
1. Recognition of customary law.
Indigenous Knowledge Systems and Practices (IKSPs)
Unwritten laws. "a general practice accepted as law"
2. That indigenous forest dwellers were the degraders
CHALLENGES TO IPs VIS-A-VIS APPLICATION OF IPRA of the natural environment through their
unsustainable resource management practices.
If ipra cannot response well, they are lacking when it comes to
implementation.
NATIONAL COMMISSION ON INDIGENOUS PEOPLES
1. Non-recognition of AD, AL rights and claims, cultural
(NCIP)
protection
Threatened or displaces
2. Insurgencies / Armed Conflicts FUNCTION OF NCIP
IPs ang naiipit (women and kids) sa wars at laban between
1. Recognition of Ancestral Domain/Land
militar and rebels. Wala na choice kundi sumama sa willing
2. IP education and advocacy
mag shelter kasi walang choice
3. Legal and Adjudication Services
Disparity
One of the most important
3. Climate change
4. Development Aggression
Climate and Development A are combined CHALLENGES TO NCIP
1. IP population data and statistics
Reliable data and statistics. Kailangan para malaman if sino
ang kailangan nilang tulungan. Sino mas importanteng IC ang
kailangan ng tulong
2. Instability of policy environment
There are environment for NCIP that makes it hard for NCIP to 1. Right to cultural identity (Art. 2)
implement their actions kasi paiba iba daw yung situation ng They should not be looked down upon and should be seen as
NCIPs equal to others. No discrimination. Right to exercise cultural
3. Awareness identity without prejudice.
Need to increase awareness and recognition of traditional 2. Protection from discrimination (Art. 4)
socio-political institution and structures and customary laws Governments must ensure the IPs must be treated as equals
for civil peace building regardless of their culture, religion, and practice.
4. Institutional strengthening of NCIP 3. Right to life, liberty, and security (Art.7 )
Mismong office ng NCIP ay either kulang sa tao o power to everyone has the right to live. Freedom. Right to be safe and
operate secured. They should not be exposed to violence.
5. Women on program and policy planning and 4. Assimilation or destruction of culture (Art.8)
development Right to not be assimilated. Right against the destruction of
Involvement of women in policy and planning kasi may culture.
instances na sila ang namamarginalize 5. Belonging to an indigenous community or nation.
6. Budget constraints (Art. 9)
Not be discriminated against if they belong to ICs.
6. Right to culture (Art. 11)
silang filing fee. They are trying to ■ They cannot conduct information
make it easir for the indigenous dessimination to the practices of
people. It varies from case to case. the IP because eof budget siguro.
● CHALLENGES TO NCIP ■ May kakulangan sa pagraise ng
○ IP population data and statistics awarenes
■ NCIP faces challenges also, there is ○ Institutional strengthening of NCIP /
no official or reliable baseline Institutional and human resource
information on the poverty profile capacities of the NCIP to fulfill its mandate
and gender disaggregated data of ■ Ung mismong office ng NCIp is
the IP population, thereis a kulnag sa tao, or kulang sa
challenge on the NCIP as regards manpower. An office cannot just
to the data they have, they might operate kase gusto niya lang, they
have data from perhaps surveys or lack institutional auhtoirty, or wider
from researches done by some power to enable them to extend
sholars or authors by private help, and also they lack manpower
entities however this is onot to conduct research, programs,
enough for them akse wlaamng awareness dissimenation that they
reliable data. They need the data to need to do that limiuts the nCIP
determine who they need to help, ○ Women on program and policy planning
sino mga mas importanteng IP na and development
need ng tulong or baka di sila ■ There is a limited participation of
aware na may nakatira dito sa lugar women, there is a ch
nae to, if hindi nareach eto ng NCIp, ○ Budget constraints
then they are not included.
■ They need a reliable data or
information about the IP who are in UNIDRIP, ECONOMIC DEVELOPMENT, IP’s
SOCIO-ECONOMIC-POLITICAL RIGHTS
poverty
○ Instability of policy environment ● UNITED NATIONS DECLARATION OF INDIGIENOUS
■ There is an environment for the PEOPLES (UNIDRIP)
NCIP that makes it hard to ○ This is an international instrument adopted
implement the functions kase paiba by the United Nations, on September 13,
iba ung situation ng mga IP, some 2007.
of them, for example, is the ○ Goal is to enshrine (according to Article 43)
problem sa titling of ancestral the rights that “constitute the minimum
domain and ancestral alnds. standards for the survival, dignity and
■ Once they are exposed with well-being of the indigenous peoples of the
modernization, nagiiba na ung world.”
culture nila, ung practices nila, ○ The UNDRIP protects collective rights that
beliefs and all. may not be addressed in other human rights
○ Awareness charters that emphasize individual rights,
■ There is a need to increase and it also safeguards the individual rights
awareness and recognition of of Indigenous people.
traditional, political institutions and ○ This was 25 years in the making, sobrnag
customary laws for civil peace tagal ng prjnoprose kase they found it
building. These IP they have their necessary na irecognize ng hindi lang ng
own practices, beliefs, system na countries ung rights ng IP. The Undrip is for
they excersie. A lot of members of the IPs since it was the product of
the majority, a lot of people from consultation of different indigenous
the majority groups are not aware communities around the world, hindi lang
of the customary laws, so that is mga tao na hindi member ng IP ang member
what the NCIp is trying to inform nato. They made this, they are the ones who
the members of majority groupd know the issues happening in their country.
about their practices. ○ Was ratified by 144 countries, these 144
countries are signatories and one of them is
the Philippines, there aer other countries
who did not acknowledge this of this, and your own country but to other
this are Canada, US, New Zealand, and country as well, declaration is made
Australia and very ironic because they have since it creates awareness
IP in their countries. Their reason is that ■ Human-rights-based approach:
particularly Canda, is because hindi daw the UNDRIP was implemented
feasible and impossible to attain daw the using, drafted in a way that it is
recognition and protection for the human rights based, it does not
Indigenous people. Before madiscover ni only focus on the recognition also,
Christopher Columbus, may mga nakatira na hindi ung naglagay lang sila dun ng
diyan na mga IP, hindi siya bakanteng “the rights of the IP should be
country na nadiscover na wlaang tao, there protected” but rather more specific
are already tribes lhiving there, ung mga ung mga nilagya dun, the culture,
Indians sila ung original na naninirahan sa practices must be protected kung
US, because of colonization, sila pa ung ano ajng kailangan ng mga IP. It is
mismong napatalsik. Rights are not drafted in a away that it is
acknowledged even if they are the first specifically address the rights of
habitants of the country. the IP, the rights the challensges
○ Aboriginals, those aboriginals, 3 types of that theya re facing
people in Canada and they are not ■ Guide to policymaking: purpose is
recognized since impossible to attain daw. to guide the countries in their
○ A declaration by the United nations Is not legislation, in their internal laws,
legally binding, it is a set of standards to the the declaration are not legally
implementation to following their laws. binding in a country, countries
○ Canada tried to semi-vote in favor pero they could and could not follow this
didn’t vote na nagsign sila, they just issued declaration, however being a
interviews saying na they are finally member of the IP there is a kind of
acknowledging this and are trying to pressure if hindi siya susunod or if
support the UN Drip. di siya gagawa ng action to
○ PURPOSE: reinforce the declaration. It
■ Acknowledgement: we becomes a guide since it sets a
acknowledge the rights of the IP’s standard na dapat sundin ng mga
and not only that they have countries.
self-determination that they have ○ SALIENT FEATURES OF UNIDRIP
the right to practice their culture, ■ Right ot cultural identity
tradition. These rights should be ■ IP are equal to other
recognized and protected; people, and ey have the
acknowledgement already enables right to be different, they
a certain declaration to fully have the right ot still
impose its purpose if exercise their practices
inaakcnowledge yan. It starts with but they should not be
acknowledgement since there is a look down because of it
great possibility to integrate. Way they should be treated
back in 19987, was signed in 2007 equal, not driscirminated.
the UNIDRIP in thePhilippines, but That differentiation must
in other countries medjo hirap pa not be a basiss or
sila na iintigrate ung policies discrimination or prejudice
■ Awareness: awareness of the against them, the way
people or countries themesleves these IP dress, they eat d
should be aware of the challenges nalla, they have t right to
that this IP are facing, not only be practice this without being
aware but they should act or dirscriminated
provide actions, programs to ■ Protection from discrimination
address this awareness of these (art. 4)
challenges that are being faced by ■ Should be treated aa
the IP. Raise awareness not only in people regardless of their
government of Canada is not persuaded of the own culture, a tradition that they like to preserve, IP
effectiveness of the UNDRIP, do not want the kind of development that other have
● They are saying that UNDRIP is impossible, since they have their own, they do not want to lose it
and their traditional practices. Europeans colonized
countries and can set up their own culture and
BASIS OF RIGHT TO SELF-DETERMINATION
traditions in the different parts of the world which
● Given the right to pursue development at your own resulted to a Eurocentric point of view. A lot of people
phase, at your own version that you are not around the world, they see this tradition as a standard
sacrificing your own culture just to develop or to be kaya nagkaroon ng Euro centric. It became the
more civilized or to be in equal footing. standard wround the world, and it is the standard of
1. Right against forced assimilation – there is a development that inspired for other countries to
prohibition upon the members of the indigenous follow. These countries does not see it na parang In a
communities to practice their culture and tradition. balance way.
2. Right of participation – for them to reach or attain ● Indigenous development – characteristics (based on
the right to participation should be provided or the philosophy that humans should live within the
recognized. They must take part in decision-making, limits of the natural world, that humans should be
on of the key, provision of UNDRIP is free prior underpin under the:
consent, in relation, if they will acknowledge that ● Indigenous development is what they are trying to
indigenous communities would have free prior attain because not all members of the community
consent. most especially the IP can attain theat development
3. Right to preservation of culture – they must be able and therefore what they believe in kase is that they
to pass on heir culture and traditions to the next should develop in their own way,
generations and its up to the next generation to 1. Reciprocity – there should be a
improve it as long as it is not destroyed. give-and-take relationship between
humans and nature because they have
this belief that the nature are the ones
EFFECT OF ECONOMIC PROGRAMS/ POVERTY
that sustains the nature and protects
ALLEVIATION PROGRAMS
them
There are a lot of criticism in the readings,
2. Solidarity – means that man is one with
● Programs such as the UN Millennium Development nature such that the destruction of
Goals – these are goals that the UN members agreed nature is the destruction of man, ganun
to in 2000, they said that these goals must be nila pinapakahalagahan ang resources
achieved by the year 2015, these goals are for world na meron sila whether it could be land,
leader to combat poverty, disease, literacy, water that could be found in those
environmental degradation, hungry, discrimination areas, they think that if you destroy the
against women. These programs are not mainly source of your needs of course
focused on indigenous community, there is no magbabackfire un sa kanila, so
specific MDG that caters to indigenous community, therefore they think there should be
since the main goal for some is to combat poverty, a some sort of solidarity
lot of projects by the government who are committed
3. Equilibrium – there should be a state of
to attaining these, implemented programs, projects
balance between two opposing forces of
that will help in the elevation of poverty to increase
course they have to take only what they
their economy. A lot if these programs did not really
need and should not overconsume to
help the indigenous community,
give time to replenish, and this is where
● Leads to further marginalization of Ips
sustainability comes from. S a lot of
● Why?
Indigenous community have a lot of
practices wherein it is important for
MODERNIZATION, ECONOMIC, DEVELOPMENT, AND them to make sure that their practices
INDIGENOUS SOCIO-POLITICAL INSTITUTIONS are sustainable na they do not take
more than what they need.
HUMAN DEVELOPMENT FRAMEWORK AND IP’s
SELF-DETERMINED DEVELOPMENT 4. Collectivity- the care for nature is for a
collective cost, those present, and those
● Self-determination as the right to be developed to
who have live before and those who will
have one own version of development, IP have their
outlive you. They have this some sort of
responsibility to take care of nature not ○ Those programs are not enough to address
only for their present community but economic growth bot on the part of the
also for their future community. They majority and indigenous communities
have this responsibility that considers because there is lacking kase eh. It was
the future generation that would use found out that the poorest possess the
these resources. richest natural resources. A lot of countries
around the world for example Africa, a lot of
lands in Africa was bought or exploited by
CONCEPT OF HUMAN DEVELOPMENT international countries, what China would do
is to give loans to these countries or with
● Response to criticisms of the dominant development their government in exchange of
model exploitation of loans. Kaya di nauubusan ng
○ The dominant development model is the resources si China because they contract
Euro centric development, and it focuses on loans.
the kind of development that the western ○ These programs didn’t work to have
countries, European countries and former economic growth, the solution is for this is
colonizers (they were the first one to attain that the governments have to effectively
the kind of modernization that is way implement their internal laws that address
advanced than the kind of development that and solve the problem that address the
other countries have before that becam ethe indigenous people and have to consider the
standard for development and they thought UNDRIP and guide the countries on what
that that is the kind of normal development policies they should implement int heir
and tried to impose that development to countries on what laws they should pass that
countries they colonized. are specifically address to answer or to
○ As a response to the criticism to the solve the issues involving the indigenous
development model, they saw the community. The problem with the UNDRIP is
characteristics of indigenous development that it doesn’t have an enforcement body it
as very backwards and masyadong mabagal. just depends on good faith and trust upon
If un ang icoconsider nila, how will they be its members to adopt in the laws
able to attain the Euro centric model of ● CULTURE?
development, they may reach it but
○ The culture is set of distinctive material
matatgalan sila because they must consider
intellectual and emotional features of a
a lot of things. Because they saw it as
society or a social growth that encompasses
backwards, most communities, after the
not only art but also involves literature,
second world war, the countries were
nature of living. This is not actually the
categorized by developed and not
primary consideration when it comes to
developed. Most ly the developed are the
attaining modernization because when
western countries, European countries and
countries are categorized by developing to
the rest of the world are developing
developed countries, the kind of
countries and they saw that these
modernization that these developed
developing countries must follow this
countries became the standard of
modern developing model. To put back
modernization, and it is the idea of the state
these countries at the center of
of economic and political advancement
development they put up programs, they
enjoyed by the west or USA became the
influenced, persuaded these countries in
kind of development. This was considered as
education, health and skills and encourage
veery problematic kase this kind of
investments in business where business
modernization did not fully address.
must flourish in a certain country whether it
○ The programs that was implemented by the
is for export, whether it requires exploitation
UN were not effective because they did not
of resources. This kind of response did not
approach, they did not implement the
work on indigenous communities kase they
programs in a way that it would consider the
have to give up the characteristics of
indigenous communities. Because all
development, a lot of them where not taken
indigenous communities are different, they
in consideration including their culture and
have different set of traditions, culture. One
so on.
size does not fit all, if these government will