The module focuses on indigenous people and the culture of peace.

The discussion
contains Overview of IP around the world and specifically in the Philippines, IP history, IP
Concept of Land since land is connected in the IP’s concept of peace. The expected learning
:outcomes are the following

have a holistic knowledge and understanding regarding the Indigenous People and their world
.view

Become aware of the cultural approaches that contribute to understanding, preventing, mitigating
and recovering from conflicts, and

That students be able to appreciate the world view of the Indigenous people and be able to create
.cultural programs to foster it

Course Content II Indigenous People and the Culture of Peace

Indigenous People in the Philippines

Indigenous Peoples: Definition IPRA law

Homogenous societies identified by self-ascription or ascription by others (Mga -

;pamayanan)

;Have continuously lived as a community (Na nabuhay bilang isang komunidad) -

On communally bounded and defined territory, under claims of ownership since time -
immemorial have occupied, possessed and utilized these territories. (Sa isang territoryo na
;tukoy)

Sharing common bonds of language, customs, traditions and other cultural traits -

;)May sariling kultura(

Who have through resistance to political, social and cultural inroads to colonization, non -
indigenous religion and culture become historically differentiated from the majority of
Filipinos (Dinatnan ng mga mga mananakop pero Di nagpalupig)

:Three important considerations to be qualified as Indigenous communities >

historical continuity

Concept of self-identification

Group membership
:IPs are a nation’s Social Capital with rights to self determination >

own histories -

Distinct cultural beliefs -

forms or governance and - justice systems -

IP systems are universally viewed as humane, just, wise and prudent >

Recognition of IP systems will greatly reduce clashes of value systems >

Indigenous Peoples’ (IPs): An Overview

Indigenous Peoples comprise about 13 million or roughly 17% of the entire Philippine -
.population. The 110 ethnic groups are found in 7 ethnographic regions

 > there are 110 Ethnolinguistic Groups in the Philippines

ETHNOGRAPHIC REGIONS

CAR and Region I -

Region II -

Region III and Rest of -

Luzon

Island Group -

Southern and Eastern -

Mindanao

Central Mindanao -

Northern and Western -

Mindanao

Indigenous Peoples’ way of Life

Belief in a HIGHER DIETY (Paniniwala sa Dakilang Lumikha) -

LAND IS LIFE (Lupa ay buhay) -

values sustainable development -

centers on intergenerational responsibility in the care of the land ((Pagkalinga -

sa susunod pang generasyon)

embodies knowledge of the environment unsurpassed by any scientific study -

imbues strategies that contribute to sound environmental management -

Respect inter-personal relationship (Paggagalangan bilang mga tao sa lipunan) -

.Peace as center of their interpersonal relationship -

Indigenous Peoples’ worldview

The IPs’ view the world as a SINGLE, INTERCONNECTED and INTERDEPENDENT LIVING >
.SYSTEM

.The people and other creatures (the whole of nature) share the same web of life-

The IPs live in harmony with other creatures -

The IPs use all of their senses to understand and communicate with nature. They -
.recognize the lessons being shared by nature

.IPs’ WAY OF LIFE: Inter-connectedness of People, Land and Nature >

.Everything in nature has a spirit >

;everything in nature should be respected and taken cared of -

;land is life. land is sacred -

;everything in nature communicates and teaches -

.everything is important to keep the balance in the world -

The indigenous knowledge and skills are products of knowing, living and sharing >
.between or among themselves and with nature

knowledge is not owned by an individual but by the community/tribe -

knowledge is sacred -

everything that happens has an explanation -

Spiritual relationships exist between or among all things >

IPs believe in the power of dreams. Through dreams(meditations) IPs are able to -
communicate with all the spirits in nature and with the spirits of their ancestors. Dreams
.maintain their strong bond with nature and with their ancestors

.Belief in the sacredness of life -

Strong belief to A GIVER OF LIFE (Apu Daga, Afo Iraya, KABUNIAN, Mallari, Bugan, -
Amang Tam, Kapwan, etc)

Indigenous Peoples Values

SOCIAL life >

Family Life -

Respect for parents/elders/ancestors -

Great love for children -

Sharing of responsibilities -

Simplicity -

Community Life >

respect for elders -

strong sense of communal living -

peace loving (adherence to the customary laws) -

POLITICAL LIFE >

Respect for leaders (traditional leaders) -

Decision making is by consensus -

Ability to resolve conflicts (customary laws) -

Reconciliation is an integral part of conflict resolution -

Economic Life >

subsistence economy -

respect for the environment -

sharing of resources/equal access t resources -

”bayanihan“ -

Plights of the Indigenous Peoples in the Philippines

worst victims of discrimination and social neglect

Deprived of Lands and Natural Resources resulting to marginalization and poverty

One of the most enduring influences our colonizers had imprinted on our legal system “ -
”.is the Jura Regalia3 or Regalian Doctrine

The (Jura Regalia) Regalian Doctrine reserves to the State all natural wealth that may be“ -
”.found in the bowels of the earth even if the Land where the discovery is made private

The colonizers had long been gone, but the Regalian Doctrine that they left behind -
.continues to put unjustifiable restrictions on landownership by the indigenous peoples

For example, Presidential Decree 705, issued by President Ferdinand Marcos during the -
martial law years, declares that… “(N)o land of the public domain eighteen per cent (18%)
in slope or over shall be classified as alienable and disposable ….” This means that all
lands with a slope of 18% or more are public lands. This provision of law has
gravely affected the IPs, especially in the Cordillera region where there is almost no land
.with a slope of less than 18%, since the region is, for the most part, mountainous

denied the right to self-determination

Reasons for advocating Indigenous Peoples rights in the Philippines! (Rationale for the
Advocacy for IP Rights)

PEACE, SOCIAL JUSTICE AND EQUITY dictate the restoration of IPs to their ancestral .1
,domain

Recognizing IP rights is a key factor in the eradication of poverty and discrimination ,2

,(Rights Based Approach to Development)

Respect for IPs’ Cultural Integrity is an important element of social cohesion and .3
,development

Indigenous Knowledge Systems and Practices advance environmental protection and

conservation

Recognition of IP rights is an INTERNATIONALLY ACCLAIMED NORM among the free

.nations

:The 1987 Philippine Constitution upholds Indigenous Peoples’ rights to

Lands/ domains/ resources -

Self governance -

Cultural Integrity -
Basic Human Rights -

Basic Social Services -

:Conclusion

Indigenous peoples may get moral victory from international law, but the real power
remains vested in the hands of sovereign states who can and do ignore international
.norms (Kymlicka 1999)

What is IPRA or RA 8371

> IPRA (“Indigenous Peoples’ Right Act.”) or Republic Act 8371 is 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,
appropriate funds therefore, and for other purposes.

- it was enacted in 1997 after a decade persistent IP lobby.

- It is a Landmark Legislation because:

i. it Corrects historical injustices

ii. it enforces constitutional mandates

iii. it enforces international covenants

- IPRA It restored the indigenous peoples to their rightful place in society

- It Recognizes the existence of IPs as a distinct sector in Philippine society;

- It provides for the respective civil, political, social, and cultural rights of IPs;

- It acknowledges the general concept of indigenous property rights and their title thereto; and

- Creates the NCIP as the independent implementing body of the law.

IPRA nature of the Law

> IPRA tries to reflect a reasonable interface/connection between two very different worldviews

> IPRA seeks to eliminate deep seated prejudices and bias of the broader society against IPs

> Indigenous Peoples themselves articulated their concerns

>IPRA was pursued by a united force of IPOs and NGOs - CIPRAD or the Coalition
for Indigenous Peoples Rights and Ancestral Domains

Legal Framework for IPRA

1. Fundamental Human Rights

 > Basic Human Rights

- Rights to ancestral domains and lands

- Right to self governance and empowerment

- Right to Social Justice and Human Rights

- Right to Cultural Integrity

- Free and Prior Informed Consent (Contract Law)

2. Constitution of the Republic of the Philippines (1987)

> Constitutional Basis

- Recognition and Promotion of Rights of IPs (Art. II, Section 22)

- Protection of rights to ancestral domains to ensure economic, social and cultural well being
(Art. XII, Section 4)

- Recognition of the applicability of customary laws in governing property rights and relations in
determining ownership and extent of ancestral domains

- Recognition of Prior Rights, Homestead Rights of small settlers and IPs (Article XIII, Section
6)

- Recognition and respect of rights to preserve and develop cultures, institutions and traditions in
formulation of national plans and policies ( Article XIV, Section 17)

- Right to enjoy full measure of human rights and freedoms without distinction or discrimination

- Participation in the direction of education, health, and other social services responsive to the
needs and desires of the community

- Government to institute mechanisms to enforce and guarantee the realization of IP rights

- Principle of Parens Patrie. Principle of Parens Patrie means government is regarded as the
legal protector of citizens unable to protect themselves.

3. International Instruments and Conventions (ILO Convention 169)

> International Covenants:

- Universal Declaration on Human Rights

- ILO Convention 169

- UN Draft Declaration on the Rights of Indigenous Peoples

- Convention on the Elimination of All Forms of Discrimination

- Convention on Biodiversity

Operating Principles of RA 8371

State Policies towards Indigenous Peoples.

- The state shall recognized and promote the rights of Indigenous Peoples or Indigenous
Cultural Communities hereunder enumerated within the framework of the constitution:

The state shall recognize and promote the rights of the IPs/ICCs with in the framework of
national unity and development;

The state shall protect the rights of IPs/ICCs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of customary
laws governing property rights or relations in determining the ownership and extent of
ancestral domain;

The state shall recognize, respect and protect the rights of IPs to preserve and develop
their cultures, traditions and institutions;

The state shall guarantee that members of the IPs regardless of sex, shall equally enjoy the
full measure of human rights and freedoms without distinction or discrimination;

The state shall take measures, with the participation of IPs concerned, to protect their
rights and guarantee respect for their cultural integrity, and to ensure that members of the
IPs benefit on an equal footing from the rights and opportunities which national laws and
regulations grant to their members of the population; and

The state recognizes its obligations to respond to the strong expression of the IPs for
cultural integrity by assuring maximum IP participation in the direction of education,
health, as well as other services of IPs, in order to render such services more responsive to
the needs of these communities.

Definition of terms

- for the purpose of this act, the following terms shall mean:

Ancestral domain - refers to areas generally belonging to IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of ownership,
occupied or possessed by IPs, by themselves or through their ancestors, communally or
individually since time immemorial. (subject to section 56).

Ancestral lands - refers to land occupied, possessed and utilized by individuals, families
and clans who are members of the IPs since time immemorial, by themselves or through
their predecessors-in-interest (subject to section56 hereof).

Certificate of ancestral domain title (CADT)- refers to a title formally recognizing the rights
of possession and ownership of IPs over their ancestral domains identified and delineated
in accordance with this law.

Certificate of ancestral land title (CALT) - refers to the title formally recognizing the rights
of IPs over their ancestral lands;

Communal claims - refers to on land, resources and rights thereon, belonging to the whole
community within a defined territory;

Customary laws - refers to a body of written and/or unwritten rules, usages, customs and
practices traditionally and continually recognized, accepted and observed by respective
IPs;
 Free and Prior Informed Consent (FPIC) - is used in this Act shall mean the consensus of
all members of the IPs to be determined in accordance with their respective customary
laws and practices, free from any external manipulation, interference and coercion, and
obtained after fully disclosing the intent and scope of the activity, in a language and
process understandable to the community;

Indigenous cultural communities (ICC)/Indigenous Peoples (IP) - refers to the group of

people or homogeneous societies identified by self-ascription and ascription of others, who
have continually lived as organized communities on communally bounded defined
territory.

Indigenous Political structures - refers to organizational and cultural leadership systems,

institutions, relationships, patterns and processes for decision-making and participation,
identified by IPs such as but not limited to, council of elders, council of Timuays, Bodong
Holders or any other tribunal or body of similar nature;

Indigenous Peoples Mandatory Representative - this refers to the person chosen by the IPs
to represent them in the legislative body of the Local government unit;

National Commission on Indigenous Peoples - refers to the office created under this act.

Native title - refers to the pre-conguest rights to lands and domains which, as far as
memory reaches have been held under a claim of private ownership by IPs;

Time immemorial - refers to a period of time when as far back as memory can go, certain
IPs are known to have occupied, possessed in the concept of ownership, utilized a defined
territory devolved to them, by operate of customary law or inherited from their ancestors,
in accordance with their customs and traditions.

The Bundles of Rights in IPRA (Introduction)

- The main cheese of the law is focus on the rights of the Indigenous peoples which
oftentimes forgotten and not given much attention. These rights are the main issue that
is why a lot of Indigenous Peoples and other people advocating for Indigenous Peoples
rights are fighting for. These are the main issues and reasons why RA 8371 or the IPRA
law was lobbied for its passage. (note these bundles of rights will be discussed in detail
in the next modules)

Right to ancestral domain

Right to self-governance and employment

Rights to human justice and human rights

Rights to cultural identity

Rights to free, prior and informed consent (contractual law)

the Bundles of Rights in RA 8371

Right to Ancestral Domain and Lands.

> State shall Ensure the protection of rights of IPs to ancestral domains to ensure their
economic, social and cultural well being as well as the recognition of the applicability of
customary laws in governing property rights and relations and in determining the
ownership and extent of ancestral domains

Concept of Ancestral domains and lands

- For them (ICC/IP) Ancestral domains is not only the physical environment but the total
environment including the spiritual and cultural bonds to the areas which the ICCs/IPs
people possess, occupy and use and which they have claims ownership.

(ipra art. 3, sec. 4)

- for indigenous peoples “Nature cannot be regarded as something separate from

ourselves or as a mere setting in which we live. We are part of nature, included in it and
thus in constant interaction with it.”

Concept of ownership

- The indigenous concept of ownership generally holds that ancestral domains are the
ICCs/Ips private but community property which belongs to all generations and therefore
cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource
rights.

Ancestral Lands

- The term ancestral land under the IPRA refers to lands occupied by individuals,
families, and clans who are members of indigenous cultural communities, including
residential lots, rice terraces or paddies, private forests, swidden farms, and tree lots.
These lands are required to have been “occupied, possessed, and utilized” by them or
their ancestors “since time immemorial, continuously to the present.” (Section 3 b).

RIGHTS TO ANCESTRAL DOMAINS CONSIST OF:

Right of Ownership

Right to develop Lands and Natural Resources

Right to stay in the Territories

Right in Case of Displacement

Right to regulate entry of Migrants

Right to safe and Clean air and Water

Right to Claim Parts of Reservation

 Right to resolve Conflict using their own cultural practices.

Right to transfer land/property

Right to Redemption

Responsibilities of IP to their ancestral domains

Maintain ecological balance

Restore denuded areas

Observe laws

Right to Self-governance and Empowerment

Right Self Governance - The State recognizes the inherent right of IPs to self-
governance and self-determination and respect the integrity of their values, practices
and institutions.

> Self-governance refers to:

the right of IPs to pursue their economic, social, and cultural development;

Promote and protect their values, practices and institutions;

Determine, use and control their own organizational leadership systems, institutions,
relationships, patterns and processes for decision making and participation, such as, but
not limited to, council elders, bodong holders, dap-ay, ator or any body of similar
nature.

> State shall guarantee the right of IPs to freely pursue economic, social & cultural well-
being;

2. Justice System, Conflict Resolution Institutions, and Peace Building Process (Sec. 15)

- Use commonly accepted justice system/conflict resolution institutions, peace building

processes or mechanisms, and other customary laws and practices with in their
respective communities.

- COMPATIBLE with the national legal system and with internationally recognized
human rights laws.

3. Right to Participate in Decision-Making that may affect them (sec. 16)

- Mandatory representation in policy-making bodies & local legislative councils;

Right to Determine their own Priorities (Sec. 17)

 - IPs have the right to determine and decide their own priorities for development
affecting their lives, beliefs, institutions, spiritual well-being, and lands they own, occupy
or use,

- Participate in the formulation, implementation and evaluation of policies, plans, and

programs for national, regional and local development which may directly affect them.

Peoples Organization (right to organized) (Sec. 19)

- State shall recognize and respect the role of independent IP organizations to enable
them to pursue and protect their legitimate and collective interests and aspirations
through peaceful and lawful means.

- The state should see to it that IPs should not be used by private person or group of
people to pursue their personal motives by alluring them with cash and livelihoods.

Means for Development and Empowerment (sec. 20)

- Government shall establish the means for full development/empowerment of the IPs
own institutions and initiatives and where necessary, provide the resources and funds
needed therefor.

Right to Autonomous Regions (Sec. 14)

- State shall continue to support and strengthen the autonomous regions created under
the Constitution as they may require and need.

- Granted means to fully develop their institutions and initiatives

Summary (implications)

- IPs have the right to manage and take control of their lives and to decide their own
social, economic and cultural development.

- In order to control the pace and extent of their development, IPs should be fully
involved in all development processes

- Development interventions must:

. Establish appropriate mechanisms and procedures to consult IPs and to give them the
opportunity to participate at all levels of decision-making

. Ensure that benefits reach the people concerned

. Ensure that Free and Prior Informed Consent (FPIC) is strictly adhered to

- The IP communities

. participate through their own socio-political structures and organizations

. Exercise freedom, control and effective influence over all their resources and social
institutions

. Are able to mobilize resources in a self-sustaining process

 . Are able to meet their basic needs, realize their full human potentials, secure and enjoy
the benefits of social-economic development.

. Empowerment of persons/people - People identify, plan for, and implement their own
development projects

. Community Development - People participate in the implementation of development

projects, including decision-making in the implementation of the project and control
over the resources to be used in implementation

Right to Social Justice and Human Rights

SOCIAL JUSTICE

- A theory which asserts that there are dimensions to the concept of justice beyond
those embodied in the principles of civil and criminal law, economic supply and
demands, or traditional framework.(investopedia.com)

- Social justice tends to focus more on just relation between groups within the society as
oppose to justice of individual conductor justice for individuals.

Four characteristics of Human Rights

Inherent - essential part of our life. It is intrinsic.

Universal - people have human rights whoever they are and wherever they are.

Indivisible - human right must be enjoyed by everyone by its full range.

Inalienable - can’t be taken away or transferred, (but can be limited when the exercise of it is
affront to the rights of others).

Classification of Human Rights

Civil rights - pertains to rights belonging to a person by reason of citizenship.

Political rights - pertains to rights that enable the people to participate in running or
influencing the administration of the government.

Economic rights - pertains to access to resources.

Social rights - pertains to relating to living together and enjoying life in a communities or
organized groups.

Cultural rights - pertains to rights that ensures the well-being of the individual and foster
the preservation, enrichment and the dynamic evolution of arts, manners and ways of
living of a group with principles of unity and diversity of expressions.

Equal Protection before the Law

- With due recognition of IPs’ distinct characteristics and identity, the State shall accord
to members of IPs the rights, protections and privileges enjoyed by the rest of the
citizenry.

- Ensure that fundamental human rights and freedom are guaranteed to all members of
the IPs as already accorded to every member of society.

Right During Armed Conflict

- IPs have the right to declare their territories as zones of peace and to special
protection and security in periods of armed conflicts.

- Accordingly the Sate shall not:

a. recruit children of the IPs into armed forces under any circumstance;

b. conscript or recruit IP members against their will to armed forces against other IP
group;

c. relocate IP communities to special centers for military purposes;

d. force IP families or individuals to abandon their lands, territories or means of

subsistence;

e. require IP individuals to work for military purposes under discriminatory conditions

> In case of Armed Conflict state shall implement integrated program to IP communities
affected.

Freedom form Discrimination

- IPs are free and equal to all other individuals in their dignity as human beings and shall
be free from any kind of adverse discrimination for reason of their indigenous origin or
identity.

- State shall ensure that every member of IPs is accorded full respect as valuable citizens
of the republic.

- State shall take special measures to ensure the effective protection with regard to the
recruitment and conditions of employment of persons belonging to IPs to the extent
that they are not protected by laws applicable to workers in general.

Right to Employment

- The right of members of IP communities to employment includes the right to:

Be free from any form of discrimination, with respect to recruitment and conditions of
employment;

- Enjoy equal opportunities for admission to employment, both skilled and unskilled

Just and legal remuneration of work for equal value;

- Medical and social assistance, occupational safety, social security and any other
occupational related benefits, including housing;
Basic Services

- The IPs have the right to special measures for the immediate, effective and continuing
improvement of their economic and social conditions.

- State shall guarantee the right of Ips to government’s basic services which shall
include, but not limited to, water and electrical facilities, education, health and
infrastructure.

Protection of Women, children and youth

- IP women shall enjoy equal rights and opportunities with men, as regards the social,
economic, political and cultural spheres of life.

- The participation of IP women in the decision-making process in all level, as well as in

the development of society, shall be given due respect and recognition.

- IP women have access to all services in their own language

- The state shall recognize the vital role of the children and youth of IPs in nation-
building and shall promote and protect their physical, moral, spiritual, intellectual, and
social well-being.

- Developed programs intended for the development and rearing of the IP children and
youth for civic efficiency and establish such mechanism as may be necessary for the
protection of the rights of the indigenous children and youth.

Integrated System of Education

- The state shall provide a complete, adequate, and integrated system of education,
relevant to the needs of the children and young people of indigenous communities.

Right to Cultural Integrity

Cultural Integrity

- Refers to the holistic and integrated adherence of a particular IP community to their

customs, religious beliefs, traditions, indigenous knowledge systems and practices and
their rights to assert their character and identity as peoples.

Right to Cultural Integrity

- IP rights to cultural integrity shall include:

Protection of indigenous culture, traditions and institutions;

Right to establish and control educational and learning system;

Recognition of cultural diversity;

Right to name, identity, and history;

Community intellectual property rights

Protection of religious, cultural sites and ceremonies;

Right to indigenous spiritual beliefs and traditions;

Protection of indigenous sacred places;

Protection of indigenous knowledge systems and practices; and

Right to science and technology

Right to Free and Prior Informed Consent (Contractual Right)

> Basic Argument for FPIC - “The value of consultation in development planning
depends on how well it identifies and recognizes rights and needs of affected
indigenous peoples.”

> FPIC is a right held by indigenous peoples under international law, and is emerging
more broadly as a principle of best practice in sustainable development.

> The Indigenous Peoples’ Rights Act requires FPIC prior to the extraction of resources
from indigenous ancestral domains and lands.

> FPIC is mentioned repeatedly in the IPRA for purposes of protecting indigenous
peoples’ interests in their ancestral domains. Specifically, FPIC in the context of the IPRA
refers to indigenous peoples’ right to stay in their territories; right to religious, cultural
sites, and ceremonies; right to give or withhold access to their biological and genetic
resources and indigenous knowledge related to the conservation, use, and
enhancement of these

resources; and right to redemption in cases where land/property rights have been
transferred without their consent.

> FPIC - identification of rights Through meaningful consultation Recognition of Rights

Only if consent is obtained Only if share intervention benefits.

> Important Features of FPIC

Free - Free from coercion and manipulation

Prior - Prior to operation commencing

Informed - Informed adequately of Positive and potential negative impact

Consent - Consent is based on consensus of all the community members.

> Three important thing to consider inorder to come up with a good FPIC
 Consultation

Participation

Co-management

CONCLUSION:

- Indigenous peoples may get moral victory from international law, but the real power
remains vested in the hands of sovereign states who can and do ignore international
norms (Kymlicka 1999).

Bodong/Pochon the political structure that builds coexistence.

Socio-Economic Profile of Kalinga

> Kalinga is a home to 36 sub-tribes located in seven municipalities and one city,
namely, Tabuk, Rizal, Tanudan, Pinukpuk, Balbalan, Pasil, Tinglayan and Lubuagan.
Surrounding the province are Mt. Province, Abra, Apayao, Cagayan and Isabela
provinces. The terrain is rugged and mountainous crisscrossed by all-weather roads.

> More than half of the working population earn 6,000 pesos and below per month.
Household income is still mainly derived from farming but a significant number are now
wage earners employed in governmnet and private enterprises. A small number are
engage in business. Hunting and fishing are still engaged in by the members of the
tribe.

> majority of the household’s tills land .5 hectares and below that are mainly planted to
rice and corn. Pigs, carabaos, cows and chicken are the main livestock raised.

History of the Bodong/Pochon

> The Cordilleras is home to a significant number of indigenous people of Luzon. In

these mountain areas, there are communities that continue to practice a centuries-old
tradition called bodong/pochon or peace-pact. While other communities have no
history of bodong and others have long ceased to practice the pochon. In three - Abra,
Mt. Province and Kalinga - it persists and governs the people’s way of life.

> the pochon is extricable linked to the indigenous concept of domain or

fukis/bugis/akis. Domain in the indigenous sense refers not only to the land but is all-
inclusive and encompassing - land, trees, forests, rivers, animals, birds, air, mineral and
people.

> The bodong/pochon refers to the bilateral agreement of two tribes that encompass
provisions on persons, territory, property, etc. It is also refers to as ‘peace pact’ or peace
council. It is a socio-cultural and economic institution conceived and painstakingly
developed through the centuries out of a need for collective security which is the basis
for binding viable communities which sprung from their ardent desire to live in peace
and social security and with the belief of advancing towards economic prosperity and
social stability if peace is achieved. Bodong also promotes the development and
preservation of a cultural heritage that bespeaks of a distinctive ethnic identity.

> Pochon determines the relationship of a tribe and its domain with another tribe. It is
the mutually binding law that governs the relationship of two tribes with each other.
Sugguiyao defines bodong as “aimed at achieving triple purpose - to enhance economic
stability, promote social security and preservation of a cultural heritage that bespeaks of
a distinctive ethnic identity. The bodong is some sort of a miniature pact or treaty of
inter-village relationship sustained by long years of traditional practice and
conventions.” (Kalinga Hill Tribe, By Miguel Sugguiyao, chap. 3, pp. 47-48)

> it’s a practice pre-date the arrival of the Spanish conquistadors and the American
occupation by no less than 100 years. The imposition of the new concepts and
structures of the governance have not eradicated the practice of the bodong system
remains the dominant mode of settling conflict between tribes and determinant of
inter-tribal relationships.

> The Bodong administration is an institution recognized by the Philippine government

by virtue of Executive Order 220, now guided by the PAGTA of 1986 and based on the
indigenous laws of the Cordillera.

> during the forging of Bodong/pochon a lot of characteristics of bodong are being
utilized like the wisdom of the old, the power of tranquility or serenity, the gentleness
and reason that is why the justice produced by the forging of bodong is more
restorative than the punitive legal justice of the state.

BUGIS/AKIS - Kalinga Ancestral Domain

> bUGIS/akis refers to the ancestral domain of the tribe which is defined by IPRA as
“areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas,
and natural resources therein, held under a claim of ownership, occupied or possessed
by the ICCs/IPs by themselves or through their ancestors, communally or individually
since time immemorial, continously to the present…”

> IPRA furtherm defines ancestral domain as “ancestral lands, forests, pasture,
residential, agricultureal, and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources…”

> ancestral lands/domains include such concepts of territories which cover not only the
physical environment but also the total environment including the spiritual and cultural
bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have
claims of ownership.”

> The bugis/Akis/domains of the Ikalinga is not only concentrated within the political
boundaries of each municipality within the province of Kalinga.
> possession due to settlement does not make an ollikong; it needs to be ma-ibnong
(formally declared during the renewal of the pochon.)

Community Structures

Leadership

> leadership rests with the elders or lallakay. It is a loose, informal, unstructured,
voluntary circle of “wise men” chosen because of their objectivity, proven wisdom,
personal integrity, and assertiveness. Crucial to this leadership role is the acceptance of
the community members.

> these elders act and assume varied roles in the community: law maker, judge, enforcer
of the pagta, negotiator, role model to the young. Leadership is assumed based on
influence and persuasiveness of the elders on the community members.

> the collective body of elders also acts as the advisory body in the selection of the
pochon holders of the tribe.

Decision-Making

> the collective body of elders who contribute insights/wisdom drawn from experience
facilitates the decision-making process. In this seemingly unstructured and free-flowing
discussion, a member of the elders is able to articulate and synthesize the varied
opinions and find a common ground or consensus. When a consensus is achieved, the
whole community abides by the decision as it is readily accepted by virtue of the respect
of the community to the shared wisdom of the elders. This wisdom is the embodiment
not only of the current experience of the tribe but of the experience and shared memory
of the distant past that is believed to animate and guide the elders.

> in rare instances when member questions or is not convinced of the validity of the
decision, a process of explaining, gentle persuasion and negotiation is undertaken. In
this manner, no one is forced to accept a decision; it is always a community consensus.

Bodong/Pochon holder: Criteria and Characteristics

> The pochon/bodong holder occupies an esteemed place in the community with its
concomitant great responsibilities. Thus, there are definite criteria in the selection of the
bodong/pochon holders are much like guardians and bearers of the security and life of
the tribe.

> To be a Bodong/Pochon holder one must possess the following:

Respected by the community

Able to protect and defend his bodong

He is able to protect the life of the people of his tribe and that of his kabodong

Capable of solving problems

 Mature point of view which results in sound judgments

He or she is married

Economically capable

Justice of the Bodong/system

> our legal justice system is turning around seeking fresher means to turn the

retributive justice system introduced by the Western concepts of justice known as

continental

justice.

> In the conventional/continental justice system it also devised processes like the
probation and parole system which are aimed at reducing sentences and making the
offender find time to express remorse on his criminal behavior, however these systems
are only focused on the

reformation of the offender and forget the victim as the primary affected member of the

community.

> In contrast to the conventional justice system of the state bodong/pochon offers a
theory of justice that addresses not only the punishment of the offender but to address
and restore the dignity of the victim and also the relationship of the victim’s family and
the offender’s family. This is called restorative justice.

> Restorative justice is a theory that emphasizes repairing of the harm caused by
criminal

behavior. It is different from contemporary criminal justice system. Restorative justice

views criminal acts more comprehensively since it involves more parties and personnel
in responding to the crime committed, while contemporary criminal justice focuses on
giving key roles to government and the offender.

> Restorative justice also includes the families of the victim and the offender. It
measures

success differently, wherein; a way that it assures that after the restorative process, the
relationships between opposing parties shall be restored. Unlike other practice of
resolving disputes wherein they focuses on proving punishment for the crime being
committed.

forging of the Bodong/Pochon.

Bodong/Pochon: Rites and rituals, symbols and meanings

Introduction:

> there are three types of processes in the bodong system: process in forging an
entirely new bodong (two tribes had no previous peace pact); process in restoring a a
severed bodong; and process in sustaining the bodong. Some of the steps in the three
processes may interlap but there are distinct steps and rituals in each of the processes.

Process in forging the bodong/pochon

Sipat - when two respected members of two different pinodnan tribes meet, their
friendship usually begins by knowing each other, their tribes and their systems. When
they agree that their friendship will be extended to their tribe members and formalized
as bodong, they then make the sipat. In here, the allasiw takes place (allasiw is the act of
exchanging the symbols of the sipat in the form of valuables such as metals or
gaman(bolo), tufay (spear), pinki (metalic stone used to light up tobacco thru friction,
lighter). in the olden times metal was rare and valuable. Thus, the tribes prized it. It was
also durable and lasting. Thus, it is exchange in the sipat signaled the hope that the
bodong forged would be enduring. Both parties then return to their tribes with the
sipat. They gather their tribes mate and inform them of the new relationship forged. The
community expresses acceptance by accepting the said sipat.

Sunglip - this is the process when the “kapochon” arrives for the first time at the
community of the other tribe. It is called “lonok” because it is the kabodong’s first entry
into the ili or village. The person who initiated/made the sipat hosts the kabodong. He
will also become the peace pact holder of the tribe with which he has forge the new
peace pact. Dances and celebrations is a major part of the process.

Inum - during this part of the process the pagta (by-laws of the bodong) is discussed.
Provisions are carefully discussed starting from the most important to the least
important subject. Major provisions are discussed like akis jurisdiction and crime.
Corresponding responsibilities of each tribe are also discussed and agreed upon. It is
within this process that each tribe informs the other of their distinct bodong practices.

- when the community gathers for the inum celebration, they bring with them their
contributions in kind to show that all of them are kabodong to the other tribe and not
only the bodong holder. Contributions in cash or in kind like rice or drinks will be used
as tokens or prizes for the presentation.

Gammid - close relatives the bodong holder may take turns in inviting the kabodong to
their houses for meals until the time that they go home to their tribe.

Linay - the linnay consummates the forging of the peace pact. This is the giving of the
tokens to the kasupang and kabodong before they leave the host tribe. Parangay are
tokens given to female guests. Patufay are tokens given to male guests especially the
peace pact holder of the other tribe.

Process in restoring a severed bodong

> this happens when the peace pact is severed by any violations committed by any
member of the two tribes.

> the same process in forging a new peace pact is used only that mediators are needed
so that there will be no escalation of the conflict. The role of the mediators usually is to
inform the tribe who violated the pagta of their bodong with the aggrieved tribe. And if
the mediator were able to ease the tension and were able to incourage a peaceful
dialogue then one or any member of the tribe will offer a sipat. Both the agrrieved and
the offender tribe may initiate a sipat for a peaceful resolution of the conflict.

> mediators are called “mansasakusak.”

Process in sustaining a bodong

Chornat/fonong

- warming up or renewal of the peace pact. The occasion is taken to inform the tribe
members of the peace pact and its provisions. A review of the pact is also undertaken. A
tribe initiates with the other tribe to thresh out their problems before a conflict erupts.
This process is usually undergone when there is brewing or emerging tensions between
the two tribes.

Fogka

- fogka is the act of calling your asupang or kabodong. There are three situations when
fogka occurs. When the bodong holder or his wife gets sick, the bodong holder calls for
his asupang or counterpart. When the bodong holder or his wife dies, their relatives
inform the asupang. When both die, their relatives inform their asupang. It is presumed
hat when the bodong holder and wife are dead, the bodong is passed on to the first
son. The transfer to the heirs is called “ipannok.”

Kalikad

- kalikad is the transfer of the pochon to the nearest relative of either the bodong
holder or his wife. This is practices when the couple dies and they have no children to
inherit it.

- How is the Bodong transferred or transmitted?

The bodong is transferred to the children when both parents die.

The first son inherits the bodong

If there is no man in the family the the woman can hold the bodong

If the bodong holder has no children then it can be transferred to the nearest relatives.

In some instances, the community decides to place the bodong in the hands of those
directly involved in conflict. This is to prevent them from continuing the conflict since
they are now vested with great responsibility of maintaining the peace pact.
The Pagta (By-Laws of the bodong)

- the Pagta is the unwritten covenant which contains the terms and conditions of the
agreements by the two tribes forging a bodong. The pagta expresses the common
aspirations and ideals of all those who practice it. The situs of the bodong is the
bugis/akis, the tribe’s territorial domain with all its attributes.

- the pagta contains the general provisions of a typical pagta but specific provisions can
be part of the pagta as agreed upon by the contracting tribes.

- it must be noted that while violations may immediately cause the cutting of the peace
pact and the peace pact may remain broken for months or even years, there is no
instance of a permanent cutting of the peace pact. Settlements of the violations always
occur eventually.