By Pearl Gumapos
As Indigenous People’s month draws to a close, it is vital more than ever to be informed of the rights of indigenous people (IP).
The Indigenous People’s Rights Act of 1997 (IPRA) or Republic Act No. 8371 recognizes and advocates for the rights of indigenous cultural communities (ICC) and IPs and in the Philippines.
According to the Commission on Human Rights Commissioner Gwendolyn Ll. Pimentel-Gana, the IP month is celebrated annually in October by virtue of Proclamation No. 1906, s. 2009 which commemorates the signing of the Indigenous Peoples Rights Act on Oct. 29, 1997.
“The enactment of IPRA made the Philippines the first country in Asia that gave recognition to the plight of IPs in the country through legislation that recognized their marginalization in the country,” Gana said.
As early as 1909, the Supreme Court decided that indigenous peoples have the right to land.
The court said that long occupancy of a parcel of land by an indigenous person is considered as private ownership, legally termed as “native title.”
According to the IPRA, native title refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest.
In addition to IPs’ right to keep land, the IPRA tackles several rights bestowed unto members of indigenous cultural communities:
- Right to ancestral domain
- Right of self-governance and empowerment
- Right to social justice and human rights
- Right to cultural integrity
- Right to equal protection and non-discrimination
- Rights during armed conflicts
- Right to basic services
- Rights of women and children
IPRA also establishes certain prerogatives of the State with regards to indigenous communities.
For one, the State shall recognize and promote the rights of IPs within the framework of national unity and development.
It shall protect the rights of ICCs/IPs 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 ICCs/IPs to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national laws and policies.
The State should also guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinction or discrimination.
Furthermore, the State shall take measures to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population.
It shall recognize its obligation to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.
Meanwhile, Gana said that there remains the need to raise awareness on the mistreatment of IPs.
“Twenty-four years since the signing of IPRA, land-related harassments, attacks, and killings continue and there remains the need to raise awareness on the plight of IPs and increased protection from the government,” she said.
Some of the main problems that ICCs are facing are the lack of basic social services like health care and land-related harassment.
“Hence we continue to call for the protection of indigenous minorities, especially children caught in conflict and those communities subject to land-grabbing. We urge local government units to do their utmost to ensure that health care and vaccines remain accessible to indigenous communities,” Gana said.
“Twenty-four years since the passage of IPRA is a long time for us to protect our indigenous communities. Let us not fall short of our responsibilities,” she added. -rir
