POINTERS FOR GEE6
accepted by the community
1. INTRODUCTION TO THE
INDIGENOUS PEOPLE
➔ Estimated that there are more than
370 million indigenous people
spread across 70 countries
worldwide.
➔ Practicing unique traditions, they
retain social, cultural, economic
and political characteristics that
are distinct from those of the
dominant societies in which they
live.
WHO ARE THE INDIGENOUS PEOPLE?
➔ Indigena - native or original
inhabitant.
➔ The word indigenous has many
meanings:
◆ “Originating in a particular
region or country;
◆ Native;
◆ Innate;
◆ Inherent;
◆ Natural.”
2. UNITED NATIONS DECLARATION ON
THE RIGHTS OF INDIGENOUS
PEOPLE
A. Different definitions of IPs as per
the UNDRIP
➔ Considering the diversity of
indigenous peoples, an official
definition of “Indigenous” has not
been adopted by any UN-system
body.
➔ The system developed a modern
understanding based on the
following:
◆ Self-identification as
indigenous peoples at the
individual level and
as their member.
◆ Historical continuity with
pre-colonial and/or
pre-settler societies.
◆ Distinct social, economic or
political systems.
◆ Distinct language, culture
and beliefs.
◆ Form non-dominant groups
of society.
◆ Resolve to maintain and
reproduce their ancestral
environments and systems as
distinctive peoples and
communities.
➔ Indigenous or Aboriginal peoples are
so-called because they were living
on their lands before settlers came
from elsewhere; they are the
descendants.
➔ They retained social, cultural,
economic and political
characteristics that are clearly
distinct from those of the other
segments of the national
populations.
CHARACTERISTICS OF AN INDIGENOUS
COMMUNITY
➔ United Nations human rights bodies,
ILO, the World Bank and
International law apply four criteria
to distinguish indigenous peoples:
A. Indigenous peoples usually
live within (or maintain
attachments to)
geographically distinct
ancestral territories;
B. They tend to maintain
distinct social, economic,
and political institutions
within their territories;
 POINTERS FOR GEE6
C. They typically aspire to
remain distinct culturally,
geographically and
institutionally rather than
assimilate fully into national
society and;
D. They self-identify as
indigenous or tribal.
→ Despite common characteristics, there
does not exist any single accepted
definition of indigenous peoples that
captures their diversity as peoples.
➔ Self-identication as indigenous or
tribal is usually regarded as
fundamental criterion for
determining whether groups are
indigenous or tribal, sometimes in
combination with other variables
such as “Language spoken,” and
“Geographic location or
concentration.”
WHY ENGAGE WITH INDIGENOUS
PEOPLES?
● Poverty reduction.
● Human rights.
● Democratic governance.
● Globalization.
● Indigenous knowledge.
● International and national
processes.
➔ Seventeen (17) of the forty-five (45)
articles of the Declaration deal with
indigenous culture and how to
protect and promote it, by
respecting the direct input of
indigenous peoples in
decision-making, and allowing for
resources, such as those for
education in indigenous languages
and other areas.
➔ Fifteen (15) of the forty-seix (46)
articles of the Declaration are
about indigenous peoples’
participation in all decisions that
will affect their lives, including
meaningful participation in a
democratic policy.
REPUBLIC ACT NO, 8371
- An act to recognize, protect, and
promote the rights of Indigenous
Cultural Communities or Indigenous
Peoples, creating a National
Commission on Indigenous Peoples,
establishing implementing
mechanism, appropriating funds
therefor, and for other purposes.
COLLECTIVE RIGHTS
- Enshrined in IPRA and other
international instruments such as
the UN Declaration on the rights of
indigenous peoples (UNDRIP) and
the Universal Declaration on Human
Rights.
B. Ancestral Domain
➔ The Declaration confirms the right
of indigenous peoples to
self-determination and recognizes
subsistence rights and rights to
lands, territories and resources
➔ The Indigenous Peoples Rights Act
of 1997 provides a clear terms
regarding indigenous peoples’
propriety right to land and
resources, putting together notions
of ownership, possession, and use.
A) SECTION 6: Ancestral domains
consist of lands, inland waters,
coastal areas, and natural resources
therein, held under a claim of
ownership, occupied or possessed
by ICCs/IPs, by themselves or
 POINTERS FOR GEE6
through their ancestors,
communally or individually since
time immeorials, continuously to
the present except when
interrupted by war, force majeure
or displacement by force, deceit,
stealth or as a consequence of
government projects or any other
voluntary dealings entered into by
government and private
individuals/corporations.
B) SECTION 7: Ownership and
possession includes: (A) right of
ownership, (B) right to develop,
control, and use lands and
territories including the allocation
and utilization of natural
resources; (C) right to stay in their
territory and not to be removed
therefrom without their free,
prior, and informed consent, (D)
right to relocation in suitable areas
with support systems in
case of displacement as a result of
natural catastrophes, and (E) right
to resolve land conflicts
in accordance with customary laws.
C) SECTION 10: Unauthorized and
unlawful intrusion upon, or use of
any portion of the ancestral
domain, or any violation of the
rights hereinbefore enumerated,
shall be punishable under this law.
D) SECTION 11: Ancestral domain
rights must be recognized by virtue
of their (1) Native Title, refers to
pre-conquest rights to lands and
domains; and (2) Certificate of
Ancestral Domain Title, formally
and legally recognizing the rights of
possession and ownership of
ICCs/IPs over their ancestral
domains
E) SECTION 12: Option to secure CADT
or CALT under the provisions of
Commonwealth Act 141, as
amended, or the Land Registration
Act 496
C. Human Rights
➔ The Declaration recognizes that
indigenous peoples deprived of
their means of subsistence and
development are entitled to just
and fair redress.
➔ The Indigenous Peoples Rights Act
of 1997 guarantees equal protection
and non-discrimination of
Indigenous Peoples, rights during
armed conflicts, right to equal
opportunity and treatment, and
right to basic services.
a) SECTION 21: Equal Protection and
Non-discrimination of ICCs/IPs — the State
shall, with due recognition of their distinct
characteristics and identity, accord to the
members of the ICCs/IPs the rights,
protections and privileges enjoyed by the
rest of the citizenry.
b) SECTION 22: Protection of ICCs/IPs
during armed conflict — they shall not be
recruited against their will into the armed
forces, nor force indigenous individuals to
abandon their lands, territories and means
of subsistence, or relocate them in special
centers for military purposes under any
discriminatory condition.
c) SECTION 24: Unlawful Acts Pertaining to
Employment — It shall be unlawful for any
person to (A) To discriminate against any
ICC/IP with respect to the terms and
conditions of employment on account of
 POINTERS FOR GEE6
their descent. Equal remuneration shall be
paid for work of equal value; and (B) To
deny any ICC/IP employee any right or
benefit or to discharge them for the
purpose of preventing them from enjoying
any of the rights or benefits.
d) SECTION 25: The State shall guarantee
the right of ICCs/IPs to government’s basic
services which shall include, but not
limited to, water and electrical facilities,
education, health, and infrastructure.
Particular attention shall be paid to the
rights and special needs of indigenous
women, elderly, youth, children and
differently-abled persons.
e) SECTION 26: Indigenous women shall
enjoy equal rights and opportunities with
men. The State shall provide full access to
education, maternal and child care, health
and nutrition, and housing services to
them.
f) SECTION 28: The State shall, through
the NCIP, provide a complete, adequate
and integrated system of education,
relevant to the needs of the children and
young people. This is in accordance with
Section 27 which recognizes the vital role
of children and youth in nation-building
D. Development
Aggression/Self-Determination
➔ Essentially, the Declaration outlaws
discrimination against indigenous
peoples, promotes their full and
effective participation in all matter
that concern them, as well as their
right to remain distinct and to
pursue their own visions of
economic and social development.
➔ Enshrined in The Indigenous Peoples
Rights Act of 1997 is the Indigenous
Peoples' right to self determination
i.e., right to self-governance and
empowerment.
a) SECTION 13: The State recognizes the
inherent right of ICCs/IPs to
self-governance and self-determination —
the right of ICCs/Ips to freely pursue their
economic, social, and cultural
development and manage the affairs of
their community based on their values,
practices, and institutions.
b) SECTION 15: Right to use their own
commonly accepted justice systems,
conflict resolution institutions, peace
building processes or mechanisms and
other customary laws and practices as may
be compatible with the national legal
system and with internationally recognized
human rights.
c) SECTION 16: Right to participate in
decision-making — the State shall ensure
that the ICCs/IPs shall be given mandatory
representation in policy-making bodies and
other local legislative councils.
d) SECTION 17: Right to determine and
decide their own priorities for
development. They shall participate in the
formulation, implementation and
evaluation of policies, plans and programs
for national, regional and local
development which may directly affect
them.
e) SECTION 18: Tribal Barangays — The
ICCs/IPs living in contiguous areas where
they form the predominant population but
which are located in municipalities,
provinces or cities where they do not
constitute the majority of the population,
may form or constitute a separate
barangay in accordance with the Local
 POINTERS FOR GEE6
Government Code on the creation of tribal
barangays.
f) SECTION 19: The State shall recognize
and respect the role of People's
Organizations in pursuing and protecting
their legitimate and collective interests
and aspirations through peaceful and
lawful means. POs are private, nonprofit
voluntary organization of members of an
ICC/IP.
3. BE READY FOR CASE ANALYSIS.
JUST INCASE
UNDRIP
➔ The United Nations Declaration on
the Rights of Indigenous Peoples
(UNDRIP) was adopted by the
General Assembly on September 13,
2007, Thursday,
➔ Majority of 144 states in favour;
◆ 4 votes against (Australia,
Canada, New Zealand, and
the United States)
◆ 11 abstentions (Azerbaijan,
Banglades, Bhutan, Burundi,
Colombia, Georgia, Kenya,
Nigeria, Russian Federation,
Samoa and Ukraine)
➔ Today, the Declaration is the most
comprehensive international
instrument on the rights of
indigenous peoples.
➔ It establishes a universal framework
of minimum standards for the
survival, dignity and well-being of
the indigenous peoples of the world
and it elaborates on existing human
rights standards and fundamental
freedoms as they apply to the
specific situation of indigenous
peoples.
HISTORY OF UNDRIP
❖ 1982
➢ The Economic and Social
Council (ECOSOC)
established the working
group on indigenous
populations with the
mandate to develop a set of
minimum standards that
would protect indigenous
peoples.
➢ The working group was
established as result of a
study by Jose R. Martinez
Cobo on the problem of
discrimination faced by
indigenous peoples
throughout the world
➢ The study outlined the
oppression, marginalization
and exploitation suffered by
indigenous peoples
❖ 1994
➢ The working group
submitted first draft
declaration on the rights of
indigenous peoples to the
Sub-Commission on the
prevention of discrimination
and protection of minorities,
which was later approved
➢ The draft was sent for
consideration to the then
U.N. Commission on Human
Rights for further discussion
and if it was deemed to be
appropriate, to approve the
proposed declaration before
 POINTERS FOR GEE6
its submission to ECOSOC
and the U.N. General
Assembly
➢ The process moved very
slowly because of concerns
expressed by states with
regard to some of the core
provisions of the draft
declaration, namely the
right to self-determination
of indigenous peoples and
the control over natural
resources existing on
indigenous peoples’
traditional lands.
❖ 1995
➢ Creation of the open-ended
inter-sessional working
group to consider and
elaborate on the 1994 draft
declaration
➢ The mandate of the working
group was extended by the
U.N. Commission on Human
Rights into the Second
International Decade of the
World’s Indigenous Peoples
(2005-2015).
❖ 2006
➢ Revisions to the human
rights machinery within the
UN resulted in the
replacement of the U.N.
Commission on Human Rights
with the U.N. Human Rights
Council
➢ June 29: the United Nations
Human Rights Council
adopted the Declaration on
the Rights of Indigenous
Peoples
➢ December 28: the Third
Committee of the General
Assembly (Social,
Humanitarian and Cultural)
adopted a draft resolution to
defer consideration and
action on the UNDRIP by the
General Assembly, with the
aim of concluding
consideration of the
declaration before the end
of its current sixty-first
session.
➢ An initiative led by Namibia,
co-sponsored by a number of
African countries, resulted
in the draft being amended.
In its new form, the draft
would have the assembly
decide “to defer
consideration and action on
the United Nations
Declaration on the Rights of
Indigenous Peoples to allow
time for further
consultations thereon”
❖ September 12, 2007
➢ The declaration on the
Rights on IPs was adoptep
➢ Since adoption of the
Declaration, Australia, New
Zealand, United States and
Canada have all reversed
their positions and expressed
support for the declaration
➢ Colombia and Samoa have
also endorsed the
declaration
BRIEF CONTENTS
➢ Right to Self-determination
➢ Right to cultural identity
 POINTERS FOR GEE6

➢ Right to free, prior and informed
consent
➢ Protection from discrimination
➢ Right to life, liberty and security
➢ Right to culture
➢ Right to spiritual and religious
traditions and customs
➢ Right to language, histories and oral
traditions
➢ Right to education, media and
employment
➢ Right to participation and
development
➢ Right to economic and social
well-being
universal resonance-as these apply to ips
and indigenous individuals
→ It is in the sense that the declaration
has binding effect for the promotion,
respect, and fulfillment of the rights of
indigenous peoples worldwide
→ The declaration is a significant tool
towards eliminating human rights violations
against the over 370 millions indigenous
people worldwide and assisting them and
states in combating discrimination and
marginalization

SIGNIFICANCE OF THE UNDRIP

→ Many of the rights in the

Declarationrequire new approaches to
global issues, such as development,
decentralization and multicultural
democracy. In order to achieve full respect
for diversity, countries will need to adopt
participatory approaches to indigenous
issues, which will require effective
consultations and the building of
partnerships with indigenous peoples.

IS THE DECLARATION LEGALLY BINDING?

→ UN declaration are generally not legally

binding; however, they represent the
dynamic development of international
legal norms and reflect the commitment of
states to move in certain directions,
abiding by certain principles.

→ The declaration, however, is widely

viewed as not creating new rights. Rather,
it provides a detailing or interpretation of
the human rights enshrined in other
international human rights instruments of