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Self-Determination - the process by which a country determines its own

statehood and forms its own allegiances and government.


The indigenous groups are safe guarded by their right to self-determination (art 3.)
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Freely determine political status.


The IPs have the right to Autonomy/Self Governance in their internal
and local affairs (Art. 4)
They may participate in political, eco, social and cultural life of the
State. (Art. 5)
Right to participate in decision making in matters that affect their right
through their own representatives in their own procedures. (Art. 18)
Maintain and develop social institution. (Art 18)
The state shall consult and cooperate (through IP representatives) to
obtain consent before adopting and implementing legislative measures
that may affect them. (Art. 19)

Freely pursue their social and cultural development.


Right to maintain and strengthen their distinct political, legal,
economic and social institutions. (Art. 5)
Right to determine and develop priorities and strategies for housing,
health and social and economic programs. (Art. 23)
Right to determine identity in accordance with their traditions (Art. 33)

Jurisprudence: International Case Portugal vs. Australia (June 1995)


Facts: Australia and Portugal alongside Indonesia had a treaty concerning East Timor
in 1989. Thus they created a zone of cooperation with the said area, in which
Australia was granted access to the said area. Portugal later filed an action against
Australia regarding certain activities with respect to East Timor.
Basically, Australia was gathering resources within the continental shelf in the
said area without the consent of the people in East Timor and also Portugal who has
the administrative over East Timor.
Issue: Whether Australia violated the rights of the people to self-determination
through their actions without the consent of Portugal and the people from East
Timor.
Held: Yes. First East Timor in a non-self-governing territory thus, Portugal exercises
administrative powers that Australia failed to observe. Second, the indigenous
people in East Timor have the right to self-determination, therefore their consent is
also a must.

Philippine Legislation:
Indigenous Peoples rights in RA 8371
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Indigenous people have the right to decision making in matters that affect
their rights and destinies through their own procedures (Sec. 16)
Right to have their own mandatory representative (Sec. 16)
Policy of the state to take measures in giving maximum participation of IPs in
the direction of health, education as well as other services to the IPs (Sec. 1-f)

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