WESLEYAN UNIVERSITY – PHILIPPINES

John Wesley School of Law and Governance

Mabini Extension, Cabanatuan City, Nueva Ecija

RIGHTS OF INDIGENOUS PEOPLES IN THE PHILIPPINES

HUMAN RIGHTS DOSSIER
GROUP 2

In Partial Fulfillment
of the Requirement
for Human Rights Law

Members:
Bernardo, April Kaye P.
Chan, Alliah Marie R.
Chua, Alyssa Mae R.
Esguerra, John Louie O.
Hulipas Jr., Ceferino G.
Manlapig, Neslyn M.
Matias, Jimino Ryean E.
Oropesa, Lorena G.
Ramos, Airiz H.
Redula, Christopher M.

2024
 TABLE OF CONTENTS

Brief Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Map and Geographic Summary . . . . . . . . . . . . . . . . . . . . . . 5
Major Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Historical Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Current Situation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Cultural Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Projected Outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Possible Solutions and/or Obstacles . . . . . . . . . . . . . . . . . . .26
Controversies and Additional Information . . . . . . . . . . . . . . .35
Works Cited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

2
 Brief Summary

The Indigenous population has serious human rights issues

stemming from systematic marginalization, cultural prejudice,
and past injustices. These problems impact their rights to
development, culture, land, and self-determination, among other
things. The following are some salient features of the Philippine
indigenous people's human rights concerns:

1. Land Rights and Ancestral Domain

The indigenous peoples of the Philippines have a close bond with

their ancestral lands. However, forestry, mining, agricultural, and
construction projects frequently intrude on these regions and
exploit them. The Indigenous Peoples' Rights Act (IPRA) of 1997
acknowledges the right to ancestral domain; nonetheless, its
implementation and enforcement have been uneven, resulting in
conflicts and land disputes.

2. Displacement and Relocation

Large-scale development plans like dams, mining operations,

and plantations, would often result in the displacement and
forced relocation of indigenous people and this leads to loss of
livelihood, disruption of cultural practices, and weakening of
traditional social structures.

3. Cultural Erosion and Discrimination

Indigenous peoples often face cultural discrimination and

marginalization, which can lead to the erosion of their
languages, traditions, and practices. Mainstream society's
tendency to prioritize Western ideals and values can undermine
the unique cultural heritage of indigenous communities.

4. Violence and Criminalization

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Indigenous leaders and activists who defend their rights to land
and self-determination often face violence, harassment, and
extrajudicial killings. Many are targeted by state and non-state
actors due to their opposition to projects that threaten their
communities' interests. Additionally, some indigenous people are
criminalized for asserting their rights or resisting unlawful
incursions into their land.

5. Education and Healthcare

Discrimination impacts Indigenous Peoples’ everyday life,

restricting their rights to health care, education and housing.

6. Self-Determination

Although some Indigenous Peoples are self-governing, many are

denied the right to freely choose their own government or
political systems. This is despite the fact that Indigenous Peoples
were governing themselves freely for thousands of years prior to
the arrival of colonizers from the 15th century onwards.

These rights fall under the umbrella term self-determination – a

binding right in international law which refers to peoples freely
determining their political status and pursuing their economic,
social and cultural development.

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 Map and Geographic Summary

In the Philippines, the indigenous population is estimated to be

between ten percent (10%) and twenty percent (20%) of the
national population of around one hundred nine million (109
Million). They generally live in geographically isolated areas with
a lack of access to basic social services and few opportunities for
mainstream economic activities, education or political
participation. (Dekdeken, S., 2024)

The Indigenous Peoples may be classified under eight (8) major

groupings that can be further subdivided into more than one
hundred (100) ethnolinguistic groups spread across the country.
Shown below is a map to illustrate the territorial distribution of
the major classifications of the Indigenous Peoples:

The largest current population is found in Mindanao, wherein the

Lumads are settling. There is also a significant portion of

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Indigenous Peoples, namely, the Igorots, that is found in the
Luzon uplands. Other groups are spread throughout the country
- the Caraballo tribes are found in the Eastern Central Luzon
mountain ranges, Aetas/Negritos in Central Luzon, Mangyans in
Mindoro, tribes in the Palawan hills, the indigenous groups in
Visayas islands, and the Islamic groups in Mindanao. (Foundation
for the Philippine Environment, n.d.)

The National Commission on Indigenous Peoples (NCIP) provided

a summary distribution of the Indigenous Peoples in the
Philippines, as shown below: (Indigenous Peoples of the
Philippines, n.d.)

Region Population

Cordillera Autonomous Region (CAR) 1,252,962

Region I 1,039,447

Region II 1,014,955

Region III 230,270

Region IV 714,527

Region V 185,488

Region VI and VII 175,109

Region IX 993,232

Region X 1,509,436

Region XI 1,882,622

Region XII 1,447,972

Region XIII 874,456

Total 11,320,476

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 Major Participants

1. Indigenous Communities

• Role: Indigenous communities play a central role in

advocating for their rights by mobilizing community initiatives,
engaging in legal battles to protect their ancestral lands, and
preserving their cultural heritage through traditional practices
and knowledge transmission.
• Example: Lumad communities in Mindanao resisting land
encroachment by mining corporations and agribusinesses.

2. Government Agencies

• Role: These agencies, such as the National Commission on

Indigenous Peoples (NCIP), are responsible for enforcing legal
protections for indigenous communities, providing social
services, mediating conflicts, and facilitating processes for land
titling and ancestral domain claims.
• Example: National Commission on Indigenous Peoples
(NCIP) overseeing indigenous affairs and facilitating ancestral
domain claims.

3. Non-Governmental Organizations (NGOs) and

Advocacy Groups

• Role: These organizations play a crucial role in providing

legal aid to indigenous communities, raising awareness about
their struggles, lobbying for policy reforms to protect indigenous
rights, and facilitating community empowerment initiatives
through capacity-building programs and grassroots mobilization
efforts.
• Example: Cordillera Peoples Alliance (CPA) campaigning
for indigenous land rights in the Cordillera region.

4. Academic and Research Institutions

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• Role: These institutions contribute to the discourse on
indigenous rights by conducting research, providing expertise to
inform policy-making, documenting indigenous cultures and
practices, and advocating for the recognition and integration of
indigenous knowledge into development initiatives and
governance structures.
• Example: University of the Philippines Center for
Integrative and Development Studies (UP CIDS) conducting
studies on indigenous governance and resource management.

5. Private Sector Entities

• Role: While some private sector entities have been

involved in land grabbing and environmental degradation, others
have engaged in dialogue with indigenous communities, adhered
to legal requirements, and implemented sustainable practices
through benefit-sharing agreements, environmental protection
initiatives, and community development projects.
• Example: Mining companies collaborating with indigenous
communities through benefit-sharing agreements and
environmental protection initiatives.

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 Historical Background

The Philippines' Spanish and American colonization formalized

the country's divide into major Christian/Muslim and peripheral
tribal/minority/indigenous cultures. The right to ancestral
territories was taken away from tribal/minority/indigenous
communities through legislation. They were evicted from the
property they worked on for a living as part of so-called
"development" efforts. Their marginalization, dispossession, and
other forms of injustice endured even after colonial rule ceased.

The Indigenous People make up about 14% of the country's

population. They are among the poorest and most marginalized
social groups in the country. They are substantially more likely
than the general population to be illiterate, unemployed, or poor.
IP settlements are distant, lack essential services, and have a
high illness, mortality, and starvation rate. The Philippines has a
total of one hundred ten (110) main indigenous communities.
The majority of Indigenous Peoples rely on traditional swidden
agriculture, which uses available upland terrain.

The indigenous groups of northern Luzon's mountains are known

as Igorot, whereas those of Mindanao's southern island are
known as Lumad. In the central islands, there are smaller
communities known as Mangyan, as well as even smaller and
more dispersed groups, including many hunter-gatherer tribes in
transition. Indigenous peoples in the Philippines have kept most
of their traditional, pre-colonial culture, social organizations, and
living habits. In general, they reside in geographically remote
places with limited access to basic social services and few
opportunities for substantial economic pursuits, education, or
political participation. In contrast, commercially significant
natural resources such as minerals, forests, and rivers are
mostly found in their territories, making them constantly
exposed to development aggressiveness and land grabs.

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Two crucial articles were incorporated into the 1987 Constitution
thanks to the efforts of Mindanao's Lumad and their
sympathizers in the lowland Christian Filipino community. Article
XII (5) requires the state to "protect the rights of indigenous
cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being," while Article XIV (17)
commits the state to "recognize, respect, and protect the rights
of indigenous cultural communities to preserve and develop their
cultures, traditions, and institutions."

However, the state maintained land rights, and national

development objectives were molded by significant economic
and political forces. Lumad continued to demand the restitution
of lands confiscated through harassment and illegal
manipulation, as well as the revocation of all plantation permits
and logging concessions. They aimed for self-government within
their ancestral territories through customary laws, as well as the
preservation of indigenous cultures. Lumad experienced a steep
learning curve in all of these areas.

The 2010 census marked the introduction of an ethnic variable.

Unofficial estimates place the number of Indigenous Peoples in
the Philippines between 10% and 20% of the country's total
population, which is currently believed to be 102.9 million.
However, official statistics on the subject have not yet been
released. Igorot is the collective name for the indigenous people
living in the northern Luzon mountains, whereas Lumad refers to
the groups living in the southern island of Mindanao. Smaller
communities in the central islands are referred to as Mangyan,
and there are even smaller, more dispersed communities in
Luzon and the central islands, including a few groups of
transitional hunter-gatherers.

Indigenous populations have historically been marginalized and

denied access to social services, as well as economic and political

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opportunities. Even obtaining a birth certificate might be difficult
given the high rates of widespread illiteracy and unemployment.

Many used to travel the difficult four hours to get to the city
center. Even with the addition of new mountain roads and the
accessibility of motorcycles for transportation, many indigenous
peoples still cannot afford the expense of travel.

Children are more susceptible to poverty and marginalization if

they do not have a birth certificate. They have no access to
public schooling. Additionally, they are not eligible for
government social assistance programs, which are meant to
address the Philippines' intergenerational poverty cycle.

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 Current Situation

Despite the abundant natural resources within their territories,

the indigenous peoples (IPs) in the Philippines, like their global
counterparts, are systematically ranked to a status of extreme
poverty and marginalization. Their fundamental rights and
opportunities to develop their capabilities for adapting to the fast
changing social, economic, and political environment are
consistently denied.

Many of the 110 ethno-linguistic indigenous groups in the

Philippines experience discrimination, degradation of resource
bases, and armed conflict. IP communities, generally located in
distinct ancestral territories, have high rates of unemployment,
underemployment, and illiteracy. While their socio-economic,
cultural, and spiritual lives revolve around their ancestral
domains, indigenous peoples see their ownership of land
shrinking and disregarded (International Labor Organization,
n.d), here are some perspectives on the current situation of
indigenous peoples in the Philippines:

A. Land rights and conservation

The Philippines is one of 17 megadiverse countries in the world,

with more than 52,177 described species (Legal Right Center,
2022). According to the UN Environment Programme (UNEP), a
megadiverse country needs to have at least 5,000 of the world’s
plants as endemic species and a rich marine ecosystem within its
border (Alvaro Limos, M. 2021). The Philippines is also one of
the world’s biodiversity hotspots with at least 700 threatened
species, thus making it one of the top global conservation areas
(Convention on Biological Diversity, n.d.).

Having been stewards of lands and natural resources since time

immemorial, Indigenous Peoples have enabled the conservation
and protection of ecosystems and biodiversity. Contrary to the

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State’s concept of public lands and natural resources as
belonging to the State and practically at its disposal, for
Indigenous Peoples, land is life, with their culture and identity
intrinsically tied to it. Defense of ancestral lands from threats of
destruction and plunder combined with the Indigenous Peoples’
governance and knowledge systems and practices of protection
and sustainable use and management of resources have greatly
contributed to biodiversity conservation. 75% or 96 out of 128
Key Biodiversity Areas in the country are within ancestral
domains (Reyes, G. 2023). An area of 5.26 million hectares or
75% of the country’s remaining forests are also found in
Indigenous territories (SIPA 2022 Report, 2022).

The Indigenous Peoples’ practice of biodiversity conservation

also plays a critical role in mitigating the impacts of climate
change. A 2021 assessment of 10 Indigenous Peoples’
Community Conserved Territories and Areas (ICCAs,
2010)conducted by the Philippine ICCA Consortium found that
the ICCAs store 10.5 million tons of carbon, which is equivalent
to the gas emissions of at least seven million cars per annum.
(The Philippine ICCA Consortium, n.d)

The government’s biodiversity conservation strategy is to declare

Protected Areas under the National Integrated Protected Areas
System Act of 1992 and the Expanded National Integrated
Protected Areas System Act of 2018. Since 2018, 240 protected
areas have been established, covering 5.45 million hectares or
14.2% of the country’s territory. On 8 April 2022, former
President Duterte signed into law five measures declaring five
more sites as protected areas (Gita-Carlos, A., 2022). However,
protected areas have historically suffered constraints ranging
from a lack of representation of communities, policy conflict and
a lack of funding, which hamper decision-making (The Philippine
ICCA Consortium, n.d). Conflicts between State and customary
laws persist due to the government-imposed “Core Zones” and
“Strict Protected Zones” of Protected Areas, where Indigenous

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communities are prohibited from the access, use, control and
management of their sacred sites, watersheds, hunting grounds
and forests that sustain their culture and livelihoods (Reyes, G.,
2023). The restrictions imposed by Protected Areas could lead to
the displacement of Indigenous communities from their
territories and the criminalization of traditional access to and use
of resources within their territories (The Philippine ICCA
Consortium, n.d). For instance, the rescue of a Philippine Eagle
by the Manobo Indigenous people was not commended by the
government but they were instead accused of illegal hunting of
wildlife (The Philippine ICCA Consortium, n.d).

Protected Areas and ICCAs are also areas where resource

exploitation occurs. Since 2014, 772 large-scale mining permits
covering 1.9 million hectares, half of which is in ancestral
domains, have made Indigenous communities vulnerable to
natural disasters and human rights violations (Reyes, G., 2023).
As of June 2022, 83 out of a total of 410 Environmentally Critical
Projects, series of 1981, listed by the Environmental
Management Bureau in 2022 are situated in Indigenous
territories, covering 501,205 hectares of Indigenous lands.
Mining and other extractive industries account for 51% of all
documented ECPs within areas registered under Certificate of
Ancestral Domain Titles (CADTs), the formal tenurial instrument
for ancestral lands under the Indigenous Peoples Rights Act
(Legal Rights and Natural Resources Centre, 2022).

Indigenous Peoples maintain that conservation approaches will

only be effective if there is genuine recognition of Indigenous
Peoples’ land rights, traditional governance, meaningful
participation, natural resource management systems and other
Indigenous knowledge systems and practices.

B. Limited Education Opportunities

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The right to education is fundamental as it ensures that every
individual has the opportunity to access quality education
without discrimination. This right is enshrined in various
international human rights instruments, including the Universal
Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights.

Accordingly, the situation of the Philippines’ indigenous peoples

is a “little-reported tragedy”, Children of ICCs/IPs are destined to
live in servitude and poverty because they face discrimination
and cannot get an education. Families, despite their best efforts
and hard work, cannot afford to send their children to school.

Acknowledging education as essential for fulfilling other human

rights and freedoms, educational initiatives must adhere to a
rights-based framework, prioritizing participation. Despite
historical progress, numerous Indigenous Peoples (IP)
communities still face barriers to accessing adequate social
services, have limited engagement in the mainstream economy,
and endure social, economic, and political marginalization.

In response, the government is taking the lead in providing an

opportunity specifically to the youth members of the indigent
families to obtain quality educational support. This initiative aims
to ensure that these youths have access to high-quality
education that is both relevant and accessible. Multiple
government bodies have instituted scholarship programs that
grant qualified and deserving youth, serving as a strategy to
address the issues of poverty and unemployment, which impede
the development of Indigenous People in the Philippines.

C. Development aggression and FPIC violations

Despite the persistent struggles of Indigenous communities

against the entry and renewed operations of destructive projects

15
in their resource-rich territories, their right to Free, Prior and
Informed Consent (FPIC) continues to be constantly violated.

In the case of the China-backed New Centennial Water

Source-Kaliwa Dam Project, the project holder, Metropolitan
Waterworks and Sewerage System (MWSS), is pursuing the
project using a railroaded Memorandum of Agreement signed on
28 January 2022 between MWSS, the National Commission on
Indigenous Peoples (NCIP) and a group of individuals who do not
represent the affected communities (Cabico, G., 2023).
Meanwhile, Indigenous communities opposing the South
Korea-funded Jalaur mega-dam project continue to suffer
militarization following the infamous Tumandok massacre in
December 2020 (Cabico, G., 2023). In the Cordillera region, the
Isnag Indigenous people filed criminal and administrative
complaints against the NCIP in January 2023 for manipulating
the FPIC process for the Gened 1 dam project, the first in a
series of six mega-dams (Gened Dams or Apayao Dams) of the
Pan Pacific Renewable Power Philippines along the
Abulog-Apayao River in Apayao province (Quitasolm, K., 2023).
The Kaliwa, Jalaur and Gened dam projects are among the
numerous mega-dam projects in Indigenous territories that
formed part of the Duterte administration’s Build! Build! Build!
(BBB) Programme (Rey, A., 2022).

During his first State of the Nation Address in July 2022,

President Marcos vowed not only to continue but also to expand
former President Duterte’s controversial BBB Programme. He
also plans to increase the country’s use of renewable energy
sources such as hydropower, geothermal, solar and wind as a
solution to help slow down the effects of climate change
(Penarroyo, F., 2022). Moreover, in his bid to address the rising
inflation and public debt that hit the country’s economy badly in
the first six months of his presidency, Marcos is turning to more
foreign investments, including large-scale mining (Gita-Carlos,
R.A, 2022). All of these, however, mean that resource extraction

16
and the plundering of Indigenous Peoples’ lands and resources
will only intensify.

D. Human rights and the Universal Periodic Review

Philippine Indigenous Peoples took part in the processes for the

4th cycle of the Universal Periodic Review (UPR) of the Philippine
government’s human rights record under the administration of
former President Duterte from 2017 to 2022. The UPR was seen
as an important venue to tackle the situation of Indigenous
Peoples, especially at a time when the democratic space is
shrinking in the Philippines and the justice system has not been
working effectively, further resulting in unabated human rights
violations (Cordillera Peoples Alliance, 2022). The issues and
recommendations of various Indigenous Peoples’ organizations
were put forward through joint reports and participation in the
41st Session of the UN UPR Working Group.

In many cases, human rights violations occurred as a result of

the government’s response to the struggles of Indigenous
Peoples against the plundering of their ancestral lands and
resources.

Data from Indigenous alliance groups Panaghiusa (Panaghiusa

Philippine Network, n.d) and Sandugo revealed that human
rights violations against Indigenous Peoples between 2016 and
2021 included 126 extrajudicial killings, 160 frustrated
extrajudicial killings, 227 illegal arrests, 478 illegal detentions,
six enforced disappearances, and 97,118 victims of forced
displacement. On top of this, numerous Indigenous leaders faced
trumped-up charges, terrorist-labelling, abductions and
shoot-to-kill orders.

2022 was no different, with the extrajudicial killings of Lumad

teachers Chad Booc(Gallardo, F. 2022) and Jojarain Alce Nguho
III, the abduction of Stephen Tauli (Commission on Human

17
Rights, 2022), weaponization of the laws and trumped-up cases
against Cordillera Peoples Alliance leaders, as well as the use of
the Philippine Anti-Terrorism Law in a trumped-up criminal case
(Calleja, J.P., 2022) against five nuns and volunteers of the Rural
Missionaries of the Philippines whose work involved empowering
Indigenous communities.

Despite this intensification of State attacks, Indigenous Peoples

are striving to rise up against development aggression and rights
violations. The Indigenous Peoples are expecting a situation of
relentless rights violations in the next few years. Indigenous
Peoples and their advocates thus intend to continue to engage
the international community for support as they continue their
work on the ground.

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 Cultural Issues

As stated by Rey Ty (2010), the division of the Philippines'

peoples between core Christian and Muslim populations and
outlying tribal, minority, and indigenous communities was
formalized under Spanish and American colonization. The rights
of tribal, ethnic, and indigenous communities to their ancestral
areas were taken away from them by laws. They lost the land
they farmed to support themselves as a result of purported
"development" operations. Their exclusion from society, eviction
from their homes, and other abuses persisted long after colonial
rule ended.

More than 17 million indigenous people, representing 110

ethnolinguistic groupings, call the Philippines home. Indigenous
groups typically reside in remote locations where they have
mostly maintained their traditional way of life and culture.
However, they are routinely included among the world's poorest
and most disadvantaged people, just like other indigenous tribes
throughout the world.

Indigenous groups are denied access to social services, economic

opportunities, and political representation due to historical
oppression. In the face of extreme unemployment and
widespread illiteracy, obtaining a birth certificate might be
difficult. (United Nations Office for Project Services, 2022)

According to ILO-indigenous-and-tribal-peoples-Philippines
(2010), like their counterparts around the world, the indigenous
peoples (IPs) of the Philippines are classified as one of the most
disadvantaged and impoverished groups, despite the richness of
natural resources in their immediate surroundings. They are
denied rights and chances to build the skills necessary to adapt
to the rapidly shifting social, political, and economic landscape.
Through a dual strategy of intervention—promoting laws to
uphold their rights, such as the Indigenous and Tribal Peoples

19
Convention, 1989 (No. 169)—and funding capacity-building
programs through technical cooperation projects for indigenous
peoples in their ancestral domains, the International Labour
Organization (ILO) supports the empowerment of indigenous
women and men. The UN Declaration on the Rights of
Indigenous Peoples and the Indigenous Peoples Rights Action
(IPRA), two national laws, provide a framework that is congruent
with the Convention.

Many of the ethno-linguistic indigenous groups in the Philippines

experience discrimination, degradation of resource bases, and
armed conflict. IP communities, generally located in distinct
ancestral territories, have high rates of unemployment,
underemployment, and illiteracy. While their socio-economic,
cultural, and spiritual lives revolve around their ancestral
domains, indigenous peoples see their ownership of land
shrinking and disregarded.

The ILO developed a number of guidelines to execute gender-

and culture-sensitive disaster response in order to address the
issues faced by indigenous peoples following natural
catastrophes.

The ILO works with the United Nations Country Team in the
Philippines in the context of the UN Inter-Agency Technical
Working Group (UNIATWG). The group supports the Philippine
UNCT members to effectively pursue common objectives on the
promotion and protection of indigenous peoples’ rights, within
the parameters of the UN Development Framework (UNDAF).

For indigenous peoples, the concept of "poverty and prosperity"

is entwined with their traditional professions, sustainable
resource management practices, self-governance, and their
ownership, control, and access to lands, territories, and
resources. In addition, their land serves as the material
foundation for their unique identity, culture, and spirituality—all

20
of which are vital to their well-being and dignity. Therefore, from
the perspective of the indigenous peoples, being landless is the
definition of "poor," and having the security to manage and use
their land and resources to meet their needs is the definition of
"prosperity." The provision of fundamental social services,
including adequate health, education, and infrastructure, as well
as assistance for livelihood, is necessary to combat poverty in
the context of the evolving conditions of indigenous peoples.
(United Nations, 2022)

The root causes of the pervasive poverty among indigenous

peoples include historical subjugation, assimilation, and
systematic expropriation of their lands, territories, and
resources; non-recognition of their unique identities; denial of
access to essential social services; and lack of participation in
decision-making. Despite making about 5% of the world's
population, 15% of the impoverished are indigenous peoples.
Indigenous populations make up as much as 33% of all those
living in extreme rural poverty worldwide. (United Nations, 2022)

In order to guarantee that indigenous peoples won't be left

behind once more, the gaps in the MDGs' implementation offer
crucial guidelines for the SDGs' implementation. The principal
voids were:

Absence of data that has been broken down using indigenous

identifiers makes it harder to gauge successes and gaps; refusal
to acknowledge indigenous peoples as separate entities with own
viewpoints and rights; Insufficient involvement in the creation
and execution of development initiatives led to their lack of
cultural sensitivity; and a concentration on economic expansion
at the expense of the environment and social aspects. (United
Nations, 2022)

Over the world, indigenous people have fought relentlessly to

reclaim their natural resources and territory from outside

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developers, government interests, and commercial pressures
from industries like mining and agribusiness (Meilasari-Sugiana,
2018).

The study results show conflicting interests among different

government bodies; laws and mandates of various government
bodies are contradicting resulting in poor coordination between
them. It is also noted that there is a lack of political will and
resources to implement the provisions in the Indigenous Peoples
Rights Act. The indigenous peoples’ land tenure insecurity is also
found to be a disunity factor. (Dacanay, 2020)

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 Projected Outcomes

Analyze Possible solutions and their impacts:

1. Legal Framework

• Solution: Strengthen national and international legal

frameworks that protect indigenous rights. This includes ratifying
and implementing conventions like the United Nations
Declaration on the Rights of Indigenous Peoples (UNDRIP) and
the International Labour Organization's Convention 169 (ILO
169).

• Impact: A robust legal framework ensures that indigenous

rights are recognized and respected. Enforcement of these laws
can lead to better protection against land dispossession, cultural
suppression, and discrimination. It also provides indigenous
people with a means to seek justice when their rights are
violated.

2. Land Rights

• Solution: Secure land rights for indigenous communities,

including land restitution where it has been taken unjustly. This
can involve recognizing traditional land ownership, granting
titles, and demarcating territories.

• Impact: Securing land rights ensures indigenous communities

can maintain their way of life and cultural heritage. It reduces
conflicts over land use and provides a stable base for community
development. Land restitution can also contribute to
reconciliation and healing from historical injustices.

3. Cultural Preservation

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• Solution: Support the preservation and revitalization of
indigenous languages, traditions, and cultural practices. This can
include funding cultural programs, supporting indigenous
education, and promoting cultural exchanges.

• Impact: Cultural preservation strengthens the identity and

cohesion of indigenous communities. It fosters pride and
resilience and ensures that indigenous knowledge and traditions
are passed onto future generations. It can also promote greater
understanding and respect among non-indigenous populations.

4. Political Representation and Participation

• Solution: Increase the political representation of indigenous

people at local, national, and international levels. This can
include reserved seats in government, consultative councils, and
mechanisms for indigenous-led decision-making.

• Impact: Greater political representation allows indigenous

voices to be heard in policy-making. It leads to more inclusive
and equitable governance, and policies that better reflect the
needs and priorities of indigenous communities. It also
empowers indigenous people to advocate for their rights and
interests.

5. Economic Empowerment and Sustainability

• Solution: Promote economic empowerment for indigenous

communities through sustainable development projects, access
to resources, and support for traditional livelihoods.

• Impact: Economic empowerment reduces poverty and

dependence on external aid. It enables indigenous communities
to maintain their traditional ways of life while participating in the
broader economy on their own terms. Sustainable development

24
can also mitigate the impact of environmental degradation on
indigenous lands.

6. Education and Awareness

• Solution: Educate the broader public about indigenous rights,

history, and contributions. This can involve integrating
indigenous perspectives into school curricula and conducting
public awareness campaigns.

• Impact: Education fosters understanding and respect for

indigenous people. It helps combat stereotypes and
discrimination, leading to a more inclusive society. Greater
awareness also encourages non-indigenous allies to support
indigenous causes and advocate for their rights.

25
 Possible Solutions and/or Obstacles

Obstacles

1. The IP’s Right to Education

According to Gabriel (2017), tourism may be one of the major

reasons why IPs were forced to leave the seashores and retreat
into the mountains and near riverbanks, way from regular
community establishments such as schools—to live in peace.
Hence, today, many IPs/ICCs were seemingly deprived of their
right to Education.

IPs are significant groups of people in communities. When

properly “recognized” and given positive attention through
holistic Education, they could be useful toward national
development.

The rights of the IPs/ICCs to Education were made prominent in

the 1987 Philippine Constitution. Various constitutional
provisions grant the IPs the rights to Education along these
lines:

(a) to establish and control their education;

(b) to receive protection of the State without discrimination; and
(c) a mandate for the state to take measures to ensure children
of indigenous peoples to have access to Education using their
own language and culture. (The 1987 Philippine Constitution)

To this end, the Indigenous Peoples’ Rights Act (IPRA) of 1997

was enacted. It further recognizes the state’s obligations to
ensure the continuity of the unique cultural expression of
IPs/ICCs by assuring their full participation in the activities and
endeavors toward health, education, and other areas of services
making them responsive to the demands of their unique
communities. However, the study of Eduardo (2017) showed that

26
there is a limited mechanism to promote awareness among IPs
on the framework of IPRA of 1997. The IPs deserve holistic
Education. Education that represents their beliefs, feelings,
principles, and general ideas that share a family resemblance
(Forbes, 2003; Hare, 2010). According to Hare (2010),
Education that focuses on the whole person is both cognitive and
affective. In this connection, an IP education is described by
Section 28 of the IPRA of 1997, as one that provides a
comprehensive system of education relevant to the needs of the
children and young IPs/ICCs through the National Commission
on Indigenous Peoples (NCIP).

The concern of IP education is both global and international in

scope. IPs are mostly deprived of access to quality education.
The current curriculum of education programs is incapable of
addressing the special needs of the IPs/ICCs. Despite the reality
that very few Indigenous students can do well in the education
methods that do not consider the uniqueness of Indigenous
culture, the system of Education still assumes universality of
application, disregarding the distinctive nature of IP students’
cultural orientation and social experiences.

Possible Solutions to Solve the Rights of the IPs Right to

Education

According to Michael Barber and Michael Fullan (2005),

international experts on education change, sustainable
improvements are achievable when programs or initiatives are
targeted at the levels of interrelationships. They have suggested
a “tri-level development model” built on three critical levels of
school systems—community, district, and the state. At the
school/community level, building capacity to implement a
program in critical in these five areas: 1) teacher’s knowledge,
skills, and dispositions; 2) professional community; 3) program
coherence; 4) technical resources; and 5) principal leadership
that improves the previous four (Barber and Fullan, 2005).

27
Programs aimed at indigenizing the Philippine education system
have thus far been about improvements that are not
sustainable—programs and initiatives directed at ameliorating
and advancing the current bureaucratic practices. There is still a
need for better work collaboration between the OECH of NCIP,
DepEd, NCCA, and IP grassroots organizations. Collaboration
should not happen in short-term consultative meetings and
workshops, but in an integrative setting where IPs take part as
active and committed co-participants. Sustained collaborative
work on various areas will work well when each of the actors
(OECH of NCIP, DepEd, NCCA, and IP grassroots organizations)
are co-equals and able to appreciate co-ownership of the
education program. All actors will work towards the revitalization
of cultural institutions and other needed capacity to allow the
community to lead the implementation or governance of the
education program. This way, the governance system is also
integral to the structural formulation and development of the
program.

Barber and Fullan (2005) further argue that if the overall content
of the curriculum and system governance is dysfunctional and
does not have the correct structure to support the desired
outcomes, all reform/improvement initiatives in the system are
certain to be minimal and ineffective in impact. In the
Philippines, homegrown or locally developed programs appear to
have better chances of sustainability. The case of the
SILDAP-assisted schools of Davao City in southern Philippines is
a case in point. The dynamic conceptualization of several
community primary schools was driven by the need of the
communities themselves after several activities that helped the
communities to come up with a well-conceived community
development plan. IP education was envisioned to play a vital
role in the continuity of traditional values and practices needed
for their survival in their ancestral domain, so the concept of IP
school program was developed around the desire of IP leaders
for the revitalization of their traditions and in keeping with their

28
heritage. An IP curriculum, along with instructional materials in
local languages, was developed and revised a number of times.
After several schools were established, the curriculum was
approved by the Dep-Ed. Both the management structure and
the curriculum came into sight as the education program was
being developed. After some years of assistance, the community
schools were co-managed by the communities and the LGU.
Community ownership of the schools was crucial to their
sustainability. Perhaps another factor that can address the issue
of sustainability of IP education programs is how they can
critically address adaptation in relation to external systems or
institutions. As IP education systems evolve, they build their own
distinct character and sustain this within the larger system to
which they are connected, e.g., the Philippine educational
system. Investing in an IP education program with a strong and
distinct character involves a long, experiential and
process-oriented mechanism. As the program builds itself
internally, it also builds a pervasive relation with other systems
externally. The IP education program will have to be built with a
strong cultural identity.

Native and indigenous languages, oral traditions and other

extant heritage forms are important building blocks of cultural
identity. These languages and cultural forms continue to thrive
among indigenous communities in the Philippines. However, they
are not institutionally used in the education system. There are
knowledge holders in each community whose expertise can be
recognized and tapped, and they should be given incentives to
continue and transmit their practices.

Other experts in the community tend to be appreciated only for

tourism purposes but not for their value in heritage development
at the community level. These experts at the community level
can help formulate and implement an IP education program.
There are endangered customary practices in IP communities
that need immediate transmission and this can be addressed

29
institutionally by an IP education program. IP knowledge
holders/experts can help when given proper recognition and
roles to play in an IP education program. The challenge remains
for NCIP and DepEd to rethink the reconfiguration of a
needs-driven IP education program. Such a needs-driven
program may be guided by the United Nations Expert Mechanism
on the Rights of Indigenous Peoples (2009, par. 43–44) has
categorized as features of traditional education and institutions:

a) they involve a lifelong pedagogical process and an

intergenerational transfer of knowledge aimed at IPs’ enjoyment
of adequate socio-economic, cultural and political security and
stability;

b) they use the principles of participatory learning, holistic

growth, nurturance and mutual trust; thus, the learning process
is achieved through exposure, observation, practice or dialogue
(e.g., apprenticeship, direct observation, repetition and
application, oral tradition methods, learning customary laws
through prohibitions, taboos and limitations, and using
indigenous language);

c) they recognize important links to indigenous peoples’ lands,

territories and resources, and ensure access to these resources
as a prerequisite for the transfer of fundamental elements of
traditional knowledge.

The key to long term programming for IP education is that it

should enable indigenous peoples to develop and continue those
customary practices that are relevant to their needs.

2. Lack of Implementation and Enforcement of

Indigenous Rights Laws

Indigenous communities in the Philippines often face significant

challenges due to the lack of consistent implementation and

30
enforcement of indigenous rights laws. Despite the existence of
legal frameworks such as the Indigenous Peoples' Rights Act
(IPRA), inadequate enforcement leaves indigenous peoples
vulnerable to land grabbing, exploitation, and marginalization. To
address this obstacle, it is crucial to strengthen legal frameworks
by enhancing enforcement mechanisms. This includes increasing
accountability among government agencies and stakeholders
responsible for upholding indigenous rights, ensuring the
protection of ancestral lands, and empowering indigenous
communities to assert their rights effectively.

Possible solution: Strengthening Legal Frameworks

Enhancing the implementation and enforcement of legal

frameworks such as the Indigenous Peoples' Rights Act (IPRA) is
vital to addressing the obstacle of lack of implementation and
enforcement. By strengthening legal mechanisms, including
increasing accountability among government agencies and
stakeholders, indigenous communities can gain better protection
for their ancestral lands and self-governance. This involves
rigorous monitoring of compliance with indigenous rights laws,
imposing penalties for violations, and providing accessible
avenues for legal recourse. Through these measures, indigenous
communities can assert their rights more effectively and
safeguard their territories against encroachment and
exploitation.

3. Conflict with Development Projects

One of the primary obstacles to upholding the rights of

indigenous peoples in the Philippines is the conflict arising from
development projects that encroach upon indigenous territories.
These projects, including mining, logging, and infrastructure
initiatives, often lead to disputes over land ownership,
environmental degradation, and cultural disruption. To mitigate
these conflicts, it is essential to foster interagency collaboration

31
among government bodies, NGOs, and indigenous communities.
Through coordinated efforts, stakeholders can work towards
balancing development objectives with the protection of
indigenous rights, facilitating dialogue, conflict resolution, and
sustainable development practices that respect indigenous land
and culture.

Possible solution: Interagency Collaboration

Fostering interagency collaboration among government bodies,

non-governmental organizations (NGOs), and indigenous
communities is essential for overcoming conflicts with
development projects. By coordinating efforts, stakeholders can
balance development objectives with the protection of
indigenous rights, facilitating dialogue, conflict resolution, and
sustainable development practices that respect indigenous land
and culture. This collaboration entails establishing mechanisms
for meaningful participation of indigenous communities in
decision-making processes, ensuring transparency and
accountability in project planning and implementation, and
prioritizing the recognition of indigenous land rights in
development policies and practices.

4. Limited Resources and Capacity

Indigenous communities in the Philippines frequently encounter

obstacles stemming from limited resources and capacity to
address their rights and welfare effectively. Insufficient funding,
technical expertise, and institutional support hinder their ability
to engage with government agencies, navigate legal processes,
and sustainably manage their resources. To overcome this
challenge, community empowerment programs are essential.
These initiatives aim to build the capacity of indigenous
communities by providing them with the necessary knowledge,
skills, and resources to advocate for their rights, manage their

32
lands sustainably, and engage meaningfully in decision-making
processes.

Possible solution: Community Empowerment Programs

Implementing community empowerment programs is critical for

addressing the obstacle of limited resources and capacity among
indigenous communities. These programs aim to build the
capacity of indigenous communities by providing them with the
necessary knowledge, skills, and resources to advocate for their
rights, manage their lands sustainably, and engage meaningfully
in decision-making processes. This involves initiatives such as
training workshops, legal literacy programs, and the
establishment of community-based organizations to support
indigenous governance structures and resource management
practices. By empowering indigenous communities, these
programs enable them to assert their rights more effectively and
contribute to their overall well-being and resilience.

5. Political Instability and Conflict

Political instability and conflict in certain regions of the

Philippines exacerbate challenges in upholding the rights of
indigenous peoples. Armed conflicts, political unrest, and
insurgencies disrupt communities, undermine governance
structures, and exacerbate tensions over land and resources. To
address this obstacle, promoting cultural preservation and
education is crucial. By raising awareness and appreciation of
indigenous cultures, fostering dialogue, and preserving heritage,
stakeholders can contribute to peacebuilding efforts and create
environments conducive to the recognition and protection of
indigenous rights.

Possible solution: Cultural Preservation and Education

33
Promoting cultural preservation and education is essential for
addressing the obstacle of political instability and conflict. By
raising awareness and appreciation of indigenous cultures,
fostering dialogue, and preserving heritage, stakeholders can
contribute to peacebuilding efforts and create environments
conducive to the recognition and protection of indigenous rights.
This involves initiatives such as cultural exchange programs,
heritage conservation projects, and the integration of indigenous
knowledge systems into formal education curricula. By
recognizing and valuing indigenous cultures, societies can build
mutual respect and understanding, promote social cohesion, and
reduce tensions that may arise from political instability and
conflict.

34
 Controversies and Additional Information

Indigenous peoples in the Philippines face significant challenges,

including politically motivated killings, militarization of ancestral
territories, and violations of their collective rights to land and
natural resources.

Politically Motivated Killings:

Since the Arroyo administration came into power in 2001,

Indigenous Peoples Rights Monitor (IPR monitor) has recorded
120 extrajudicial killings of Indigenous peoples. These incidents
are widespread, with Lumads of Mindanao and Igorots of
Cordillera among the most targeted groups. Victims come from
diverse backgrounds, including non-government officials, local
government figures, church workers, and Indigenous leaders.
They are often targeted due to their political beliefs or defense of
collective rights against government initiatives. Shockingly,
among the 120 victims are 13 women, four of whom were
pregnant, and 16 minors.

Social Impact of Killings:

The systematic nature of these extrajudicial killings and ongoing

threats against Indigenous leaders have caused severe social
repercussions. These incidents fuel conflicts, fear, and mistrust
within Indigenous communities, undermining their cooperation
and solidarity. Consequently, the Indigenous peoples' movement
for the recognition of their collective rights has been weakened,
impeding progress towards justice and autonomy.

Militarization of Ancestral Territories:

Indigenous communities also endure militarization, leading to

violations of both individual and collective rights. This
militarization involves the permanent basing of the Philippine

35
Military within ancestral territories, regular military operations,
unwarranted searches, and imposition of restrictive measures
such as food blockades and curfews. Such actions encroach upon
the autonomy and rights of Indigenous communities,
perpetuating a cycle of oppression and resistance.

Threats to Land Rights:

Indigenous peoples face ongoing threats to their land rights,

stemming from activities such as natural resource extraction,
infrastructure projects, large-scale agriculture, and conservation
efforts. These encroachments jeopardize their traditional lands
and exacerbate the risk of statelessness, particularly for those
Indigenous peoples whose territories span national borders.

Exploitation in Exchange for Services:

Furthermore, Indigenous communities are often coerced into

relinquishing their land concessions to extractive industries in
exchange for promises of employment and basic social services.
This exploitation exploits their impoverished state, effectively
compelling Indigenous peoples to trade their land and resources
for services enjoyed by other citizens. This practice not only
discriminates against Indigenous communities but also
underscores governmental neglect or denial of basic social
services to these marginalized groups, while simultaneously
violating their collective rights over their land and resources.

36
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