Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiautilized such territories, sharing common bonds of language,customs, traditions and other distinctive cultural traits, or whohave, through resistance to political, social and culturalinroads of colonisation, non-indigenous religions and cultures,became historically differentiated from the majority ofFilipinos. ICCs/IPs shall likewise include peoples who areregarded as indigenous on account of their descent from thepopulations which inhabited the country, at the time ofconquest or colonisation, or at the time of inroads of nonindigenousreligions and cultures, or the establishment ofpresent State boundaries, who retain some or all of their ownsocial, economic, cultural and political institutions, but whomay have been displaced from their traditional domains orwho may have resettled outside their ancestral domains”(Section 3(h), IPRA) (emphasis added)In terms of indigenous peoples’ rights to ancestral domains and ancestrallands, IPRA stipulates that indigenous peoples may own such lands with anative title, and have the right to develop and manage lands and naturalresources as well as remain within their territories. The entry of migrantsinto ancestral lands and domains is to be regulated. Conflicts within thecommunity are to be resolved through customary law. The FPIC ofindigenous communities is required before development or other projects areinitiated on their lands.In terms of indigenous peoples’ rights to self-governance and empowerment,IPRA states that indigenous peoples should be able to:‐ Freely pursue their economic, social and cultural development‐ Use commonly accepted justice systems, conflict resolution institutions,peace-building mechanisms and other customary laws‐ Participate in decision-making that may affect their lives andlivelihoods‐ Maintain and develop their own indigenous political structures‐ Achieve representation in policy-making bodies and local legislativecouncils‐ Determine their own priorities for development71