Republic of the Philippines

ZAMBOANGA STATE COLLEGE OF MARINE SCIENCES AND TECHNOLOGY

Fort Pilar, Zamboanga City
Tel No. 992-3092/Tel No: (062) 991-0643 Telefax:
(062) 991-0777 website: http:www.zscmstedu.ph

NGEC 10
Phil. Indigenous Communities
And Gender Society
 TABLE OF CONTENTS

MODULE LESSONS TIME FRAME PAGES

Introduction/ Overview
to the Identity of Indigenous
Communities in the Philippines
WEEK 1-3 7
(VGMO of the School-included)
MODULE 1
The Seven ethno Linguistic
Regions in the Philippines

Peace and Development Issues

(Where do Muslims and Indigenous
MODULE 2 Peoples stand in the Philippines?) WEEK 4-8 18

Indigenous Peoples Rights Act

( Four Major Laws)

Indigenous Cultures Integrated WEEK 9 38

MODULE 3 Education

Ethics discusses the general concepts of ethical conduct in

modern society at the level of the individual, community in connection
with the environment and other common resources (CMO 20s 2013).

The course also teaches students from the Philippines to make

moral decisions by using leading moral constructs and applying the
popular seven-step moral reasoning model to examine and solve moral
dilemmas in this difficult time in the Philippine setting.

COURSE DESCRIPTION
The course work, as directed by the CHED CMOs, includes topics
on Feminism vs Meninism (CMO No. 1 s. 2015 or 'Integration of GAD in
HEis Curriculum'); Realism on Peace and Harmony (CMO No. 01 s.
2
2019 or 'Integration of Peace Education'); and special topics/issues on
The graduates have the ability to:

a. Demonstrate the competencies required of the Philippine TVET Trainers-

Assessors Qualifications Framework (PTTQF);
PROGRAM LEARNING
OUTCOMES
b. Demonstrate broad and coherent, meaningful knowledge and skills in technology and livelihood
education.

c. Apply with minimal supervision specialized knowledge and skills in technology and livelihood
education;

d. Demonstrate higher level literacy, communication, numeracy, critical thinking, learning skills
needed for higher learning;

e. Manifest a deep and principled understanding of the learning processes and the role of the
teacher in facilitating these processes in their students;

f. Show a deep and principled understanding of how educational processes relate to larger
historical, social, cultural, and political processes,

g. Apply a wide range of teaching process skills (including materials teaching planning, curriculum
development, approaches); and development, educational lesson assessment, and

h. Reflect on the relationships among the teaching process skills, the learning processing in the
students, the nature of the content/subject matter, and other factors affecting educational
processes in order to constantly improve their teaching knowledge, skills and practices.

3
By the end of this coursework with four modules, the students should have:

1. Examine the political, social, economic and cultural impacts of globalization

COURSE LEARNING
from an indigenous peoples’ perspective;
OUTCOMES

2. Examine and compare various forms of indigenous resistance to

globalization;

3. Identify and describe the main human rights mechanisms protecting

indigenous rights; and

4. Assess the tension between globalization ideologies and indigenous

worldviews.

5. Understood the main sociological theories and concepts in

the study of gender.

6. Understand how major social institutions, such as families and workplaces,

can sustain dominant gender norms but also offer opportunities resistance,
negotiation, and change

7. Appreciate how these gendered processes affect our daily lives and
shape our experiences

8. Think critically about gender and society, and communicate your ideas in a
clear and thoughtful manner.

INTENDED LEARNING
OUTCOMES

GE LEARNING OUTCOMES
(Knowledge (Intellectual Competencies)
1. Analyze "texts" (written, visual, oral, etc.) critically

2. Demonstrate proficient and effective communication (writing, speaking, and use of

new technologies)

3. Use basic concepts across the domains of knowledge

4. Demonstrate critical, analytical, and creative thinking
5. Apply different analytical modes in problem solving

4
Values (Personal and Civic Responsibilities)
1. Appreciate the complexity of the human condition
PHIL. INDIGENOUS
PART 1: Introduction/Overview to the Identity of Indigenous
COMMUNITIES AND Communities in the Philippines
GENDER SOCIETY

Key Points
THE PART 1 OF THE
MODULE WILL
ADDRESS THE CONTRIBUTIONS OF DIFFERENT INDIGENOUS
FOLLOWING COMMUNITIES TO SOCETY
QUESTIONS:
INFLUENCES OF DIFFERENT INDIGEN
COMMUNITIES
WHAT ARE
INDIGENOUS CAUSES OF DESCRIMINATIONS
PEOPLE?
WHAT ARE THE 7
ETHNOLINGUISTRE
GIONS?
WHAT IS THE
IMPORTANCE OF
THE INDIGENOUS
COMMUNITIES TO Key Terms
SOCIETY?

INDIGENOUS- OF OR RELATING TO THE

EARLIEST KNOWN INHABITANTS OF A PLACE
AND ESPECIALLY OF A PLACE THAT WAS
COLONIZED BY A NOW-DOMINANT GROUP.
ETHNOLINGUISTICS- A FIELD OF
LINGUISTICS THAT STUDIES THE
RELATIONSHIP BETWEEN LANGUAGE AND
CULTURE AND HOW DIFFERENT ETHNIC
GROUPS PERCEIVE THE WORLD.

PHIL. INDIGENOUS
COMMUNITIES AND

5
 The Philippines consist of numerous upland and lowland indigenous ethnolinguistic groups living in
GENDER
the country,SOCIETY
with Austronesians making up the overwhelming majority, while full or partial Negritos scattered
throughout the archipelago. The highland Austroneians and Negrito have co-existed with their lowland
Austronesian kin and neighbor groups for thousands of years in the Philippine archipelago. The primary
difference is that they were not absorbed by centuries of Spanish and United States colonization of the
Philippines, and in the process have retained their customs and traditions. This is mainly due to the rugged
inaccessibility of the mountains and established headhunting and warrior cultures, which discouraged Spanish
and American colonizers from coming into contact with the highlanders.

In the interest of clarity, the term indigenous as used in the Philippines refers to ethnolinguistic groups
or subgroups that maintain lt of partial isolation, or independence, throughout the colonial era. The
term indigenous when applied to the Philippine population can be a deceptive misnomer, connoting alien
migrant populations who have over time become the majority ethnolinguistic and cultural group in the land
and thereby pushing indigens to the fringes of socio-cultural inclusion, such as in the Americas, Middle East,
Australia, or New Zealand. Contrarily, the vast majority of people in the Philippines descend from the same
Austronesian and Australo-Melanesian ancestral populations indigenous to the archipelago, regardless of
cultural, religious, ethnolinguistic or tribal affiliations. (Ethnic groups in the Philippines).

Culturally-indigenous peoples of northern Philippine highlands can be grouped into

the Igorot (comprising many different groups) and singular Bugkalot groups, while the non-Muslim culturally-
indigenous groups of mainland Mindanao are collectively called Lumad. Australo-Melanesian groups
throughout the archipelago are termed Aeta, Ita, Ati, Dumagat, among others. Numerous culturally-indigenous
groups also live outside these two indigenous corridors.

According to the Komisyon ng Wikang Filipino, there are 135 recognized local indigenous
Austronesian languages in the Philippines, of which one (Tagalog) is vehicular and each of the remaining 134
is vernacular. There are 134 ethnic groups in the Philippines, the majority of which are indigenous, though
much of the overall Philippine population is constituted by only 8-10 lowland ethnic groups.

Issues of Discrimination experienced by

IPs

The practice of exclusion and discrimination towards the cultural minority groups in the Philippines
instigated feelings of animosity between the ethnic groups, on one hand, and the Christians and Muslims, on the
other, which eventually led to conflict. Such conflict due to exclusion is more pronounced and evident in the
island of Mindanao in southern Philippines (Burton, 1992). It was considered as the last frontier in the country
because of its vast rich natural resources: fertile lands, and the presence of metallic minerals, and lush
timberlands. Moreover, it was the place of destination 6for migrants during the Spanish and American colonial
periods. The migrants were the Christian populations from the different islands of the country, who settled along
 Their ancestral territorial domains had been expropriated by the government to give way to mining
exploration, logging, and trawl fishing, thereby depriving them of the use of natural resources for their
existence. Thus, many families, in order to survive, had to migrate to the urban centres or towns to beg for food
and other things, which they could use. They slept in temporary and makeshift dwellings under the bridge and
around street corners. They have now become urban foragers scavenging in dumpsites to find things, which
might help temporarily alleviate their poverty-ridden situation.

The main problem for the other indigenous ethnic communities in the other islands like Mindanao was
the loss of their ancestral domains to the migrant settlers and the business entrepreneurs, which deprived them
7
of their source of subsistence. Lacking the will to fight back, many of these victimized groups merely retreated
farther into the interior hinterlands. However, they are now also confronted with the problem of not being able
to practise their traditional way of farming (swidden/shifting cultivation) because of the forest policy on

The Seven ethno Linguistic Regions in

the Philippines

MINDANAO LUMAD
The Lumad are a group of Austronesian indigenous people in the southern Philippines. It is
a Cebuano term meaning "native" or "indigenous". The term is short for Katawhang Lumad (Literally:
"indigenous people"), the autonym officially adopted by the delegates of the Lumad Mindanao Peoples
Federation (LMPF) founding assembly on 26 June 1986 at the Guadalupe Formation Center,
Balindog, Kidapawan, Cotabato, Philippines. It is the self-ascription and collective identity of the
indigenous peoples of Mindanao.

The name Lumad grew out of the political awakening

8 among tribes during the martial law regime
of President Ferdinand Marcos. It was advocated and propagated by the members and affiliates of Lumad-
CORDILLERA PEOPLE
ethnolinguistic groups in the Cordilleras, are any of various ethnic groups in the mountains of
northern Luzon, Philippines, all of whom keep or have kept until recently, their traditional religion and
way of life. Some live in the tropical forests of the foothills, but most live in rugged grassland and pine
forest zones higher up. The Igorot numbered about 1.5 million in the early 21st century. Their languages
belong to the northern Luzon subgroup of the Philippine languages, which belong to the Austronesian
(Malayo-Polynesian) family. There are nine main ethnolinguistic groups in the Cordilleras. The Cordillera
Administrative Region is located in Luzon and is the largest region in the Philippines.

CARABALLO TRIBES
These are the five ethnolinguistic groups—Ibanag, Ilongot, Gaddang, Ikalahan and Isinai, who together
with the the Agta peoples inhabit the Caraballo mountain range in Eastern Central Luzon. This range
connects the provinces of Nueva Vizcaya, Quirino and Nueva Ecija. The Caraballo tribes number roughly
500,000

AGTA AND AETA/NEGRITO

The Aeta, Agta, or Dumagat, are collective terms for several Filipino indigenous peoples who
live in various parts of the island of Luzon in the Philippines. They are considered to be part of
the Negrito ethnic groups and share common physical characteristics of dark skin tones, short statures,
curly to kinky hair, and a higher frequency of naturally lighter hair colour ( blondism) relative to the
general population. They are thought to be among9the earliest inhabitants of the Philippines, preceding
the Austronesian migrations.
MANGYAN OF MINDORO
Mangyan is the generic name for the eight indigenous groups found on the island of Mindoro,
southwest of the island of Luzon, the Philippines, each with its own tribal name, language, and customs.
The total population may be around 280,000, but official statistics are difficult to determine under the
conditions of remote areas, reclusive tribal groups and some having little if any outside world contact.

The ethnic groups of the island, from north to south, are: Iraya, Alangan, Tadyawan, Tawbuid
(called Batangan by lowlanders on the west of the island), Buhid, and Hanunoo. An additional group on
the south coast is labelled Ratagnon. They appear to be intermarried with lowlanders. The group known
on the east of Mindoro as Bangon may be a subgroup of Tawbuid, as they speak the 'western' dialect of
that language. They also have a kind of poetry which is called the Ambahan.

The Mangyans were once the only inhabitants of Mindoro. Being coastal dwellers at first, they
have moved inland and into the mountains to avoid the influx and influence of foreign settlers such as the
Tagalogs, the Spanish and their conquests and religious conversion, and raids by the Moro (they raided
Spanish settlements for economic purposes, and to satisfy the demand for slave labor). Today, the
Mangyans live secludedly in remote parts of Mindoro but eventually comes down to the lowlands in order
to make usual trades. Their sustenance are farming for their own crops, fruits, and hunting. A certain
group of Mangyans living in Southern Mindoro call themselves Hanunuo Mangyans, meaning "true",
"pure" or "genuine", a term that they use to stress the fact that they are strict in the sense of ancestral
preservation of tradition and practices.

Before the Spaniards arrived in Mindoro, the people traded with the Chinese extensively, with
thousands of supporting archaeological evidences found in Puerto Galera and in written Chinese
10 of Mindoro when the Spaniards came. There were
references. A division was created among the people
the Iraya Mangyans, who isolated themselves from the culture of the Spaniards, and the lowland
PALAWAN TRIBES
The Palawan tribal people, also known as the Palawano or the Palaw'an, are an indigenous
ethnic group of the Palawan group of islands in the Philippines. Palawanos are more popularly known as
Palawans, which is pronounced faster than the name of the province.

They are divided into four ethno-linguistic subgroupings. These are the Quezon Palawano which
is also known as the Central Palawano; the Bugsuk Palawano or South Palawano; Brooke's Point
Palawano; and Southwest Palawano. The Quezon Palawano subgroup are found in Southern Palawan,
particularly on the western section of the municipality of Quezon including the eastern part of Abo-abo of
the municipality of Sofronio Espanola, going southward down to the northern section of the municipality
of Rizal. A large group of Palawans can also be found in Sitios Gugnan, Kambing, Tugpa, and Kalatabog
of Barangay Panitian. The Taw't Bato of the municipality of Rizal at the foot of Mt. Matalingahan also
belongs to this same Palawan tribal group although their language is 15 percent different from the Quezon
Palawanos.
The Palawans were originally a nomadic tribe in Southern Palawan until agrarian settlers started
to occupy their once vast domain. The tribe would exploit the most fertile piece of land and move on to
11
next. Their family units were very small, possibly due to high mortality rates. They built their houses
usually on a hillside but close to the river or stream using four skinny trunks of trees. The floor is roughly
MUSLIM PEOPLE
Muslims in the Philippines are mostly located in the islands of Mindanao. There are
thirteen Muslim tribes: the Iranun, Magindanaon, Maranao, Tao-Sug, Sama, Yakan, JamaMapun,
Ka’agan, Kalibugan, Sangil, Molbog, Palawani and Badjao. Collectively, they are also known as
the Bangsamoro people. The term Bangsamoro is a combination of two words. The Malay
word bangsa has a political connotation that means “nation,” and the term Moro was given
pejoratively by the Spanish colonizers to the Muslims of Mindanao, which was similar to what
they called the Muslims of the Iberian Peninsula. Bangsamoro therefore means “Moro nation.”
While the term Moro was seen by the Muslims as derogatory from the 16th century, by the 1970s
it became a badge of honor for them when the revolutionary organization Moro National
Liberation Front (MNLF) headed by Nur Misuari proudly used the term Moro in referring to
themselves and the Muslims of Mindanao. Currently, the Moros are the majority in the provinces
of Lanao del Sur, Maguindanao, Basilan, Sulu and Tawi-Tawi. They are a minority in North and
South Cotabato, Sultan Kudarat, Lanao del Norte, Zamboanga del Sur and Zamboanga del Norte,
Zamboanga Sibugay, Davao del Sur and Davao Oriental, Compostela Valley, Sarangani, and
Palawan.

12
A. Instruction: Given the Organizer below list down the 7 ethnolinguistic Regions in the
Philippines.

13
 Ethnolinguistic Regions

ASSESSMENT

ONLINE. Watch: https://www.youtube.com/watch?v=ANjXcJrYbkM

A video presentation that introduces various indigenous
communities with their contributions to Society. Afterwards,
make a reflection that manifests your thoughts about the video.

14
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PART 2: Peace and Development Issues
Phil. Indigenous
(Where do Muslims and Indigenous Peoples stand in the
communities
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and Gender Philippines?)
society
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Although most indigenous communities live in isolated rural areas, a growing number are
migrating to cities in search of better livelihoods and social services. Many are driven from their traditional
lands by militarization, tribal conflicts and the expansion of large-scale development projects, which
frequently bring little or no benefits to local communities, particularly women: many indigenous women,
unable to secure employment with the mining companies and leave to find work in urban areas, suffering
extreme poverty in cities like the northern city of Baguio or the capital city, Manila. They often face
poverty and exclusion as a result of their limited formal education and the fact that their skills may not be
suited to an urban context. In Baguio – where indigenous people make up over 60 per cent of the population
– it is estimated that some 65 per cent of indigenous migrants suffer from extreme poverty. Many of them
are migrant women working as vendors in the city 15 streets, where they are regularly pestered by police as
part of the government’s anti-peddling drive.
The long running conflict between the military and the New People’s Army (NPA) in the
 peace roadmap that was approved in 2016 included plans for negotiations with the National
Democratic Front of the Philippines (NDFP).  After over 40 rounds of talks under five different Philippine
governments, the two parties met again in August 2016 in Oslo, Norway, for the first formal peace talks in
five years.  The NDFP is an umbrella group of communist organizations, representing the Communist Party
of the Philippines (CPP) and its armed wing, the NPA, in the negotiations. The 2016 formal talks in Oslo
included a timeline for negotiations, initiating a ceasefire, negotiating immunity for NDFP members, and an
amnesty for detained political prisoners, the latter of which brought negotiations to a standstill with the
previous government.  The two parties agreed to an open-ended ceasefire, which managed to maintain a
fragile peace throughout the year, despite not yet being able to agree to the terms of an official bilateral
ceasefire agreement. The negotations subsequently collaped, with Duterte claiming in July 2017 that he
planned to resume fighting against the NPA due to their failure to respect the terms of the ceasefire. While
he offered to resume talks in early 2018, uncertainty has persisted. There have, however, been localized
peace talks leading to some 8,000 people surrendering by the end of 2018.
Alongside the communist rebellion, an Islamist insurgency has also contributed to widespread
insecurity in Mindanao: while agreement was reached in 2018 with the largest group, the Moro Islamic.
A Liberation Front (MILF), to hold a plebiscite in January 2019 on the creation of a larger autonomous
Muslim region known as Bangsamoro, a large number of ISIS-affiliated extremist groups continue to
operate outside the framework of any peace agreement.

Lumad communities have often been caught in the crossfire of the protracted civil conflict in
the southern Philippines, and regularly accused of harbouring communist sympathies. Alternative
education has become the target of particular scrutiny and distrust, with the military accusing
indigenous schools of promoting communist propaganda. State officials have drawn outrage for
recommending the introduction of new schools run by the military. The Save Our Schools Network has
accused the army and pro-government militias of staging premeditated attacks on alternative education
institutes in order to marginalize indigenous land and cultural rights: local estimates suggest that there
were 95 attacks on Lumad schools in the southern Philippines between September 2014 and 2015, an
average of eight cases per month.

One of the most notorious incidents took place in September 2015, when a troop of armed men
stormed an alternative Lumad school in the southern Philippines. Teachers and students were dragged
from their dormitories and rounded up, together with hundreds of other civilians, in the small village of
Diatagon in Lianga, Surigao del Sur. Two indigenous leaders – known for their work protecting the
community’s ancestral lands against encroachments16 from mining companies – were hauled in front of
the crowd and executed at point-blank range. One of the victims in particular, Dionel Campos, was the
 This treatment, driven by the belief that Lumads are supporting the NPA insurgency, has
resulted in indiscriminate killings and widespread displacement of indigenous communities. There has
been limited change since Duterte took power: in 2017, for instance, he accused indigenous schools of
supporting the rebellion and threatened to bomb them. This situation creates further barriers for
Lumads, who have some of the lowest educational levels in the Philippines, in accessing schooling. Part
of the problem is the entrenched discrimination towards indigenous youths within the centrally
managed school system, which often treats them as outsiders and second-class citizens.

The time and cost of travelling long distances to reach public schools also place insurmountable
burdens on many Lumad families. Indigenous activists in the southern Philippines insist that the right to
a free and culturally tailored education is fundamental to defending indigenous heritage and rights,
which are often intimately tied to the protection of ancestral lands and resources. The government’s
failure to investigate crimes against Lumad schools has left the communities more vulnerable to further
attacks and
Landencroachments.
rights remain an ongoing issue for indigenous communities, many of whom still lack
official recognition of their ancestral land. Under the 1997 Indigenous Peoples’ Rights Act, 221
‘Certificates of Ancestral Domain Title’ (CADT’s) had been issued by March 2018, covering over 5.4
million hectares. While this may sound impressive, the process has involved the land rights of
indigenous communities totalling only 1.2 million people. Besides this, the process to obtain a title
remains difficult and lengthy: in 2012, an additional procedure was added in the attempt to address
jurisdictional issues between agencies, but it has slowed the process even further.  After the titles are
issued, they must be registered with the Land Registration Authority, to make the titles more robust
against land incursion. Less than 50 of the 182 CADT’s issued by September 2016 had been registered.

Even land recognized as indigenous under these certificates can still be lost to development
projects, since mining and other projects can be pursued if a certificate of ‘Free, Prior and Informed
Consent’ (FPIC) is obtained from affected indigenous communities. A number of indigenous peoples
have repeatedly reported that they have been deceived, threatened and even seen some of their people
assassinated, in order for companies to receive these FPICs. Many claim that a string of murders of
indigenous leaders have been linked mainly to their defence of their ancestral lands. Development
projects being undertaken, such as mining, the Subic-Clark-Tarlac Expressway and various eco-tourism
projects have caused the indigenous Aetas to leave the area around Mount Pinatubo. Indigenous land
also continues to be redistributed directly to non-indigenous settlers by the Department of Agrarian
Reform, thorough the Comprehensive Agrarian Reform17 Program.
TRI PEOPLE APPOACH
Emphasizes the existence of the three peoples which have to share Mindanao, the ideal of their
equality and unity, and Mindanao itself as the basis of a new or additional identity as Mindanaoan or
Mindanawon. But this should not negate Moro and Lumad identities, which are still struggling for
better recognition.

ENVIRONMENTAL DIMENSIONS
Indigenous peoples account for most of the world’s cultural diversity. Throughout the world,
there are approximately 370 million indigenous peoples occupying 20 per cent of the earth’s territory. It
is also estimated that they represent as many as 5,000 different indigenous cultures. The indigenous
peoples of the world therefore account for most of the world’s cultural diversity, even though they
constitute a numerical minority.

Land rights in law, but not in reality. Only a few countries recognize indigenous peoples’ land
rights, but even in those countries, land titling and demarcation procedures have often not been
completed, suffer delays or are shelved because of changes in political leadership and policies. Even
where indigenous peoples have legal title deeds to their lands, these lands are often leased out by the
state as mining or logging concessions without consultation of indigenous peoples, let alone their free
and prior informed consent. The lack of legal security of tenure remains a crucial issue for indigenous
peoples almost everywhere.

18
New technologies force resettlement. The promotion of new technologies such as improved seeds,
chemical fertilizers and pesticides, the introduction of cash-crop cultivation and large plantation
schemes have caused environmental degradation and destroyed self-sustaining eco-systems, affecting
many indigenous communities to the point of forcing them to resettle elsewhere.

The cost of unsustainable development. Large dams and mining activities have caused forced
displacement of thousands of indigenous persons and families without adequate compensations in many
countries. Several communities have been moved out of national parks against their will, while tourist
development in some countries has resulted in the displacement of indigenous people and their
increasing poverty. When indigenous peoples have reacted and tried to assert their rights, in most
instances they have suffered physical abuse, imprisonment, torture and even death.

The Implementation Gap: Much talk, little action. While indigenous peoples have, since 2002,
experienced increased recognition of their environmental rights at the international level, translating
this political recognition into concrete advances at the national and local levels remains a major
challenge. Many decisions made at the international level are not always respected or implemented at
the national level, and indigenous peoples’ voices are all too often marginalized, if heard at all.

Climate change threatens very existence of indigenous peoples. For many indigenous peoples, climate
change is already a reality, and they are increasingly realising that climate change is clearly not just an
environmental issue, but one with severe socioeconomic implications. The World Bank also sees
climate change as having the potential to hamper achievement of the Millennium Development Goals,
including those on poverty eradication, child mortality, combating malaria and other diseases, as well as
environmental sustainability. For many indigenous peoples, climate change is a potential threat to their
very existence and a major issue of human rights and equity.

Severe impact on women. Forced evictions and the dispossession of lands have particularly severe
impacts on indigenous women, who, as a result, often have an increased workload as they must walk
●long distances
Protecting to find alternative
investments: sources
Irresponsible of water or
development fuel
with wood,to or
respect are driven
Indigenous out ofcan
Peoples income-earning
productive activities to
expose a company and into a situation
financial, of economic
operational, dependence
legal, and oncosts
reputational men. and risks.

● ‘Social licence to operate’: Indigenous Peoples expect companies operating on their lands
to respect their rights, mitigate any adverse impacts and provide opportunities for
OIL CONNECTIONS
communities to benefit from their presence. It can be difficult for a company to obtain official
permits or operate successfully in indigenous areas if the company is unable to gain and
maintainThe oil and gas
community industry and Indigenous Peoples have been increasingly coming into contact
support.
with each other over the past few decades as the search for new oil and gas resources has engendered
more exploration
Further, withoutand
the development
support of theinindigenous
lands that communities,
Indigenous Peoples traditionally
companies may missoccupy or customarily
use. Although oil
opportunities and gas
to benefit fromcompanies need to skills
local experience, consider all social groups
and knowledge that canand
addcommunities
value to a who are
situated close
project’s to, and are impacted by, their operations, Indigenous Peoples are distinct social groups that
development.
warrant special consideration. Indigenous Peoples hold specific rights under international law and in
many
● national with
Compliance legislative contexts.
international law and policy: International organizations such as the United
Nations (UN), the International Labour Organization (ILO) and the World Bank have
While
recognized it is the responsibility
Indigenous of governments
Peoples as having to uphold
distinct rights. and protecthave
These institutions Indigenous
adoptedPeoples’ rights,
international policy makers,
policies concerning indigenous
indigenous advocates
rights, which and
create wider civiland,
expectations society expect
in some companies to respect
cases,
these rights. Furthermore, Indigenous Peoples typically have cultures and
requirements on how company interactions with Indigenous Peoples should be handled. ways of life that are distinct
from the wider societies in which they live: they are often reliant on the land and its natural resources for
their livelihoods;
● Competitive they mayDoing
advantage: also have strong
business in acultural, spiritual
manner that andIndigenous
respects economic ties to their
Peoples mayland; and in
some parts of the world, Indigenous Peoples have suffered from a history of discrimination
enhance relationships with host governments and communities, and provide a competitive and exclusion
that has left them on the margins of the larger societies in which they live.

These characteristics can expose Indigenous Peoples to different types of development challenges and
19
impacts as oil and gas projects are developed in their territories, as compared to other social
PEACE BUILDING
communities. At the INITIATIVES
same time, investment in such projects has the potential to generate benefits and
 To collect these lessons, Tebtebba has hired an indigenous woman who heads a local
organization in Colombia and is a chief in her community. When she has free time from her duties
at home she travels the country meeting with indigenous groups. She asks indigenous
communities what types of interventions would suit them best, and works to bring together
peoples with diverse lifestyles and perspectives but similar human rights interests. In a conflict as
volatile as Colombia’s, her task is dangerous. Her driver was recently killed by paramilitaries,
Tauli-Corpuz said, presumably as a warning for her to stop her consultations.
“It’s a very high risk kind of work,” Tauli-Corpuz said. “It involves speaking out not just against
the government but also armed groups and corporations.”
The incident highlights one major shortcoming of the research methods usually employed
by human rights organizations. Tauli-Corpuz said she has seen similar scenarios in the
Philippines, when fact-finding missions have exposed the military’s and other power holders’
human rights crimes. When the investigators left the country, the local people who spoke out were
unprotected and vulnerable to retaliation. A process that was supposed to bring peace to war-torn
communities further jeopardized their security.
Building protections for these communities has become a part of the commission’s
preparatory work. By bringing indigenous communities together early in the process to discuss
their priorities, Tebtebba hopes to build their capacities to organize and become their own
spokespersons. While AND CULbecome more organized in order to support a fact-finding
mission, a group of women’s organizations in northeastern India may be closer to welcoming the
commission to their region, where indigenous peoples and the Indian government have clashed for
decades over control of land. With funding from Denmark and the Danish International
Development Agency, indigenous women’s organizations have already begun documenting
violence against women there, and hope to present a report to the U.N. Rapporteur on Violence
Against Women.
“They have said they would like to have a fact-finding mission there, and if the group is more
prepared than those in Colombia, we may go ahead and send one,” Tauli-Corpuz said. “What is
most important when undertaking a fact-finding mission is that there is a group of local people
already established that can do the preparation work and work with the communities throughout
the process.”
Involving local peoples from the beginning also serves as a reminder that indigenous cultures
have much to contribute to conflict resolution efforts. During the consultations in Colombia,
indigenous communities are asked to share the techniques they have used to survive for nearly
four decades in the midst of conflict.
“In the Philippines indigenous communities send its members into conflicts to see what is
happening,” Tauli-Corpuz said. “Indigenous peoples already have methods of conflict resolution,
so this is internationalizing it.”

20
: Given the Organizer below determine the important concepts under the peace
and development issue. Briefly cite examples in every concept you wrote.

21
 Peace and
Development
issues

ASSESSMENT

As a student, what are your realization on the Peace and Development issues of the
Indigenous People in the Philippines? How will you give importance to it?

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__________________________________________________________________

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Phil. Indigenous
PART 3: Indigenous Peoples Rights Act
communities
(Four Major Laws)
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and Gender
society
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SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’ Rights
Act of 1997”.

SECTION 2. Declaration of State Policies. — The State shall recognize and promote all
the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder
enumerated within the framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs within the
framework of national unity and development;

b) The State 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
23 of ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to
HUMAN RIGHTS AND ANCESTRAL DOMAIN
Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to
ICCs/IPsb)  Right to Develop
comprising Lands waters,
lands, inland and Natural
coastalResources.
areas, and—natural
Subject to Section
resources 56 hereof,
therein, right a claim
held under to
develop, control and use lands and territories traditionally occupied, owned,
of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or or used; to manage
and conserve
individually since time natural resourcescontinuously
immemorial, within the to territories and except
the present uphold when
the responsibilities
interrupted by for war,future
force
majeuregenerations; to benefit
or displacement and share
by force, deceit,thestealth
profitsorfrom
as a allocation
consequenceandofutilization
government of the natural
projects orresources
any other
found
voluntary therein;entered
dealings the right
into tobynegotiate
government the terms and conditions
and private for the exploration
individuals/corporations, and of natural
which are
resources
necessary in the
to ensure theirareas for the social
economic, purpose andofcultural
ensuring ecological,
welfare. environmental
It shall protection
include ancestral lands,and the
forests,
conservation measures, pursuant to national and customary laws; the right to
pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or an informed and
intelligent
otherwise, huntingparticipation
grounds, burial in the formulation
grounds, worship andareas,
implementation of anymineral
bodies of water, project,andgovernment
other natural or
private,
resources, that will
and lands whichaffect
mayornoimpact
longer upon the ancestral
be exclusively domains
occupied and to receive
by ICCs/IPs but from justwhich
and fair
they
traditionally had access to for their subsistence and traditional activities, particularly the home rangestoof
compensation for any damages which they may sustain as a result of the project; and the right
ICCs/IPseffective
who are measures
still nomadic by and/or
the government to prevent any interference with, alienation and
shifting cultivators;
encroachment upon these rights;

c)   Right to Stay in the Territories. — The right to stay in the territory and not to be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where relocation is considered necessary as an
Rights to Ancestral Domains
exceptional measure, such relocation shall take place only with the free and prior informed consent
of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to
SECTION 4.  Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall include such
24 for
their ancestral domains, as soon as the grounds relocation cease to exist. When such return is
concepts of territories which cover not only the physical environment but the total environment including
not possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be
the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they
 h)   Right to Resolve Conflict. — Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice whenever necessary.

SECTION 8. Rights to Ancestral Lands. — The right of ownership and possession of the ICCs/IPs to their
ancestral lands shall be recognized and protected.

a)  Right to transfer land/property. — Such right shall include the right to transfer land or property
rights to/among members of the same ICCs/IPs, subject to customary laws and traditions of the
community concerned.

b)  Right to Redemption. — In cases where it is shown that the transfer of land/property rights by
virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is tainted by the
vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the
transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen
(15) years from the date of transfer.

SECTION 9. Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs occupying a duly

certified ancestral domain shall have the following responsibilities:
25
a)  Maintain Ecological Balance. — To preserve, restore, and maintain a balanced ecology in the
SECTION 12.         Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or
the Land Registration Act 496. — Individual members of cultural communities, with respect to their
individually-owned ancestral lands who, by themselves or through their predecessors-in-interest, have been
in continuous possession and occupation of the same in the concept of owner since time immemorial or for
a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested
by the members of the same ICCs/IPs shall have the option to secure title to their ancestral lands under the
provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually
used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural lands.

The option granted under this section shall be exercised within twenty (20) years from the approval of this
Act.

SELF- GOVERNANCE
26
Right to Self-Governance and Empowerment
SECTION 17.         Right to Determine and Decide Priorities for Development. — The ICCs/IPs shall have
the right to determine and decide their own priorities for development affecting their lives, beliefs,
institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the
formulation, implementation and evaluation of policies, plans and programs for national, regional and local
development which may directly affect them.

SECTION 18.         Tribal Barangays. — The ICCs/IPs living in contiguous areas or communities where
they form the predominant population but which are located in municipalities, provinces or cities where
they do not constitute the majority of the population, may form or constitute a separate barangay in
accordance with the Local Government Code on the creation of tribal barangays.

SECTION 19.         Role of Peoples Organizations. — The State shall recognize and respect the role of
independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and
collective interests and aspirations through peaceful and lawful means.

SECTION 20.         Means for Development/Empowerment of ICCs/IPs. — The Government shall

establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives
and, where necessary, provide the resources needed therefor.

SOCIAL JUSTICE
Social Justice and Human Rights

SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — Consistent with the equal
protection clause of the Constitution of the Republic of the Philippines, the Charter of the United Nations,
the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination
Against Women and International Human Rights Law, the State shall, with due recognition of their distinct
characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges
enjoyed by the rest of the citizenry. It shall extend to them the same employment rights, opportunities,
basic services, educational and other rights and privileges available to every member of the society.
Accordingly, the State shall likewise ensure that the employment of any form of force or coercion against
ICCs/IPs shall be dealt with by law.

The State shall ensure that the fundamental human rights and freedoms as enshrined in the
Constitution and relevant international instruments are guaranteed also to indigenous women. Towards this
end, no provision in this Act shall be interpreted so as to result in the diminution of rights and privileges
27
already recognized and accorded to women under existing laws of general application.

SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the right to special protection and
SECTION 23.         Freedom from Discrimination and Right to Equal Opportunity and Treatment. — It
shall be the right of the ICCs/IPs to be free from any form of discrimination, with respect to recruitment
and conditions of employment, such that they may enjoy equal opportunities for admission to employment,
medical and social assistance, safety as well as other occupationally-related benefits, informed of their
rights under existing labor legislation and of means available to them for redress, not subject to any
coercive recruitment systems, including bonded labor and other forms of debt servitude; and equal
treatment in employment for men and women, including the protection from sexual harassment.

Towards this end, the State shall, within the framework of national laws and regulations, and in
cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective protection with
regard to the recruitment and conditions of employment of persons belonging to these communities, to the
extent that they are not effectively protected by laws applicable to workers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and the right
to conclude collective bargaining agreements with employers’ organizations. They shall likewise have the
right not to be subject to working conditions hazardous to their health, particularly through exposure to
pesticides and other toxic substances.

SECTION 24.  Unlawful Acts Pertaining to Employment. — It shall be unlawful for any person:

a) To discriminate against any ICC/IP with respect to the terms and conditions
of employment on account of their descent. Equal remuneration shall be paid to ICC/IP
and non-ICC/IP for work of equal value; and
b) To deny any ICC/IP employee any right or benefit herein provided for or to
discharge them for the purpose of preventing them from enjoying any of the rights or
benefits provided under this Act.

SECTION 25.  Basic Services. — The ICCs/IPs have the right to special measures for the immediate,
effective and continuing improvement of their economic and social conditions, including in the areas of
employment, vocational training and retraining, housing, sanitation, health and social security. Particular
attention shall be paid to the rights and special needs of indigenous women, elderly, youth, children and
differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government’s
basic services which shall include, but not limited to, water and electrical facilities, education, health, and
infrastructure.

SECTION 26.  Women. — ICC/IP women shall enjoy equal rights and opportunities with men, as regards
the social, economic, political and cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of society, shall be given due respect
and recognition. 28

The State shall provide full access to education, maternal and child care, health and nutrition, and housing
SECTION 27.  Children and Youth. — The State shall recognize the vital role of the children and youth of
ICCs/IPs in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and
CULTURAL IDENTITY
social well-being. Towards this end, the State shall support all government programs intended for the
development and rearing of the children and youth of ICCs/IPs for civic efficiency and establish such
mechanisms as may be necessary for the protection of the rights of the indigenous children and youth.
Cultural Integrity
SECTION 28.  Integrated System of Education. — The State shall, through the NCIP, provide a complete,
SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. — The State shall respect,
adequate and integrated system of education, relevant to the needs of the children and young people of
recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions.
ICCs/IPs.
It shall consider these rights in the formulation and application of national plans and policies.

SECTION 30. Educational Systems. — The State shall provide equal access to various cultural
opportunities to the ICCs/IPs through the educational system, public or private cultural entities,
scholarships, grants and other incentives without prejudice to their right to establish and control their
educational systems and institutions by providing education in their own language, in a manner appropriate
to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all
levels and forms of education of the State.

SECTION 31. Recognition of Cultural Diversity. — The State shall endeavor to have the dignity and
diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all
forms of education, public information and cultural-educational exchange. Consequently, the State shall
take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination
and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society.
Furthermore, the Government shall take effective measures to ensure that the State-owned media duly
reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate
indigenous leaders in schools, communities and international cooperative undertakings like festivals,
conferences, seminars and workshops to promote and enhance their distinctive heritage and values.

SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize their
own cultural traditions and customs. The State shall preserve, protect and develop the past, present and
future manifestations of their cultures as well as the right to the restitution of cultural, intellectual,
religious, and spiritual property taken without their free and prior informed consent or in violation of their
laws, traditions and customs.

29
SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall have the right to
manifest, practice, develop, and teach their spiritual and religious traditions, customs and ceremonies; the
right to maintain, protect and have access to their religious and cultural sites; the right to use and control of
ceremonial objects; and, the right to the repatriation of human remains. Accordingly, the State shall take
effective measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred places,
including burial sites, be preserved, respected and protected. To achieve this purpose, it shall be unlawful
to:

a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the
purpose of obtaining materials of cultural values without the free and prior informed consent
of the community concerned; and

b) Deface, remove or otherwise destroy artifacts which are of great importance to the
ICCs/IPs for the preservation of their cultural heritage.

SECTION 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and
Technologies. — ICCs/IPs are entitled to the recognition of the full ownership and control and protection
of their cultural and intellectual rights. They shall have the right to special measures to control, develop
and protect their sciences, technologies and cultural manifestations, including human and other genetic
resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital
medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the
properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.

SECTION 35. Access to Biological and Genetic Resources. — Access to biological and genetic resources
and to indigenous knowledge related to the conservation, utilization and enhancement of these resources,
shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed
consent of such communities, obtained in accordance with customary laws of the concerned community.

SECTION 36. Sustainable Agro-Technical Development. — The State shall recognize the right of
ICCs/IPs to a sustainable agro-technological development and shall formulate and implement programs of
action for its effective implementation. The State shall likewise promote the bio-genetic and resource
management systems among the ICCs/IPs and shall encourage cooperation among government agencies to
ensure the successful sustainable development of ICCs/IPs.

SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall have the right to receive
from the national government all funds especially earmarked or allocated for the management and
preservation of their archeological and historical sites and artifacts with the financial and technical support
of the national government agencies.

30
Based on the Infographic below, identify which concept is applicable on every item.

SELF- GOVERNANCE
EDUCATION AND DECELOPMENT WITH CULTURE ND IDENTITY
CULTURAL IDENTITY
ENVIRONMENTAL DIMENSIONS
HUMAN RIGHTS
EQUALITY AND NON DISCRIMINATION
GENDER EQUALITY

31
ASSESSMENT

In what way the rights of Indigenous people differ from the right of non-
Indigenous people? Is there a law stated in Indigenous people that doesn’t exist to
non-indigenous people? If yes, cite some examples and explain briefly your answer.

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32
 PHIL.
INDIGENOUS
COMMUNITIE PART 3: Indigenous Cultures Integrated Education
S AND
GENDER
SOCIETY
Indigenous education specifically focuses on teaching Indigenous knowledge, models,
methods, and content within formal or non-formal educational systems. The growing recognition and use
of Indigenous education methods can be a response to the erosion and loss of Indigenous knowledge
through the processes of colonialism, globalization, and modernity

In many cases around the world, education available to indigenous peoples is not only
inappropriate, it also threatens their very existence. Education policies and systems have often been used as
a means to systemically discriminate against indigenous peoples, assimilate them (and at times “civilize”
them) into the broader society, and thus destroy their culture, languages, identity and rights, and displace
them of their lands, territories and natural resources.

These education systems, policies and curricula are rarely developed with indigenous peoples’
participation or consent, and as a result have mostly failed indigenous children and stripped them from
vital life opportunities and cultural security.
In addition, given the importance of lands and natural resources to the livelihoods, culture and well-being
of indigenous peoples, their traditional knowledge about their lands is also interconnected to education,
where elders pass down knowledge, values and their histories to new generations. In every way then, the
right to education is connected to all other human rights of indigenous peoples, including land rights.

A LEGAL AND MORAL RIGHT TO EDUCATION

And yet, the right to a high-quality and culturally respectful education for indigenous peoples
is protected by a number of international human rights instruments, including the Universal Declaration of
Human Rights, the Convention on the Rights of the Child, ILO Convention 169, and the International
Covenant on Economic, Cultural and Social Rights, and the UN Declaration on the Rights of Indigenous
Peoples.

Under these conventions and declarations, states are expected and obligated to support and
partner with indigenous peoples by integrating their perspectives, cultures and languages into mainstream
education systems and institutions, and also by respecting, facilitating and protecting indigenous peoples’
right to share knowledge to future generations by traditional ways of teaching and learning. But so far
we’ve not even come close to achieving this.

BARRIERS TO REALIZING THE RIGHT TO INDIGENOUS EDUCATION

A 2009 UN study on the challenges of the right to indigenous education identified a number of serious
concerns and barriers to realizing the right to indigenous education. It found that indigenous people felt a
lack of control over educational initiatives aimed at their children – they weren’t being consulted when
these programmes and services were being designed and implemented. As a result, they found that the
33
programmes put in place were not being delivered by indigenous people themselves, were not available in
their languages, and did not respect their history, traditional knowledge or culture.
34
Explain thoroughly the message below.

“Education is a universal human right, essential to

bridging gaps in human well-being, equity and opportunity”

35