Divers Paths to Justice - English - Forest Peoples Programme

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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
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asia‐ Organise themselves into Indigenous Peoples’ Organisations (IPO)In terms of social justice and human rights, IPRA states that indigenouspeoples should enjoy:‐ Equal protection and non-discrimination‐ Human rights and freedoms in the Constitution and relevantinternational instruments‐ Rights during armed conflict‐ Non-discrimination and equal opportunities and treatment‐ Basic social services‐ An integrated system of education‐ Rights for women, youth and childrenPreserving the cultural integrity of indigenous peoples involves:‐ Preserving and protecting their culture, traditions and institutions‐ Proving them with access to various cultural opportunities‐ Preserving the dignity and diversity of cultures‐ Protecting community intellectual rights‐ Protecting religious, cultural sites and ceremonies‐ Promoting and developing indigenous knowledge systems, sciencesand technologies‐ Protecting indigenous peoples’ resources and FPIC‐ Achieving sustainable agro-technological development‐ Providing funds for archeological and historical sites and thepreservation of cultural artifactsThe National Commission on Indigenous Peoples (NCIP)Another important body related to the legal rights of indigenous peoples isthe National Commission of Indigenous Peoples (NCIP), the primaryimplementing agency of IPRA. NCIP consists of seven Commissionersappointed by the President and responsible for different ethnographicregions: Region I & Cordilleras; Region II; the rest of Luzon; Island Groupsincluding Mindoro, Palawan, Romblon, Panay and the rest of the Visayas;72
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