THE CONTEMPORARY OPPRESSIONS OF INDIGENOUS PEOPLES IN MINDANAO. (Raluto, R.D. (2015).

Poverty and ecology at the crossroads. Quezon City: Ateneo de Manila University. F 201.77599 R1399)

The postcolonial government of the Philippines that uncritically adopts many of the agrarian policies of
the colonizers systematically perpetuates the agrarian oppression of the poor peasants. The most
affected among them are the indigenous peoples (IPs) who are mostly found in Mindanao. Technically,
the IPs include not only the native occupants of the place but also those who had settled there long
before the arrival of the Spanish colonizers in the second decade of the 17th century. In this sense, the
Muslim Filipinos who had been in Mindanao since pre- Hispanic colonization may also be considered IPs.
As a whole, IPs comprise around 14 million of the Philippines' population, of whom 61 percent reside in
Mindanao. Since the colonial period, they and their forebears have suffered various forms of
oppression. Let us turn our narrative to their agrarian and religious struggles.

Land-Grabbing. In the Mindanao context, the non-Islamized and non-Christianized IPs are commonly
called Lumads - a generic term derived from the Cebuano language, which literally means "native" of the
place or one who is "born of the earth." The term suggests an identity that is intimately connected to
the native land. Many tribal communities name themselves after the river where they reside. They
consist of at least 18 local ethnolinguistic groups that are rightly recognized as original inhabitants of the
mainland of Mindanao outside the Moro provinces. According to Mindanao historian Rudy Rodil, the
Lumad "could claim, circa 1900, legitimate control over a vast area of territory now encompassed in 17
out of a total 20 provinces, Sulu and Tawi-Tawi excluded. Today, however, many Lumad communities
are marginalized by the government resettlement policy, which promotes internal colonization of their
ancestral lands and territories.

The dream to reclaim their ancestral domain is at the heart of the Lumad struggle for self-
deterrnination. They struggle to regain the ancestral land where their forefathers grew up, raised their
families, and were buried. Ancestral land, for them, is very sacred because" it is where the spirits of their
ancestors roam." Thus they spontaneously nurture a certain spiritual relationship with their ancestral
land as part of relating with their ancestors. For them, the ancestral domain does not only refer to the
piece of land but also includes the "spirit guides" that dwell in the trees, rivers, and lands. They consider
as sacred all the resources on, above, and beneath the ancestral lands. As Bukidnon Datu Saway puts it,
"the earth is our flesh, the water is our blood, the trees are our bones, the vines are our veins, the sun is
our torch and sight, the air is our breath and strength, the sound is our language, the cosmic energy and
the spirits are our soul."?" Since their lives are deeply interwoven in the very fabric of their ancestral
domain, the Lumad consider its ecological destruction as outright self-destruction.

On the other hand, the indigenous Muslim Filipinos were also displaced with the coming of the Christian
settlers in Mindanao. Their main agrarian problem started with "the forcible/illegal annexation of
Moroland to the Philippines under the Treaty of Paris in 1898," which led to the "imposition of
confiscatory land laws."68 They felt that the central Philippine government, dominated by Christian
politicians, was blind and deaf to their grievances for national recognition, justice, and equality." They
perceived that the central government was unjustly treating them as "socially lower" than Christian
Filipinos. “Consequently, many Muslim provinces are among the poorest in the country" and remain
socially neglected, especially in terms of government development programs.

For some Muslim Filipinos, it is not enough to reclaim a piece of their ancestral domain. They want the
Mindanao-Sulu islands to be separated politically from the Philippine Republic." This was the case of
Datu Udtog Matalam's Mindanao Independence Movement (MIM) in 1968. For the proponents of this
separatist movement, the Muslim struggle for self-determination would not be possible in a government
that systematically promotes integration and assimilation of the Muslim culture into the national
mainstream culture. For them, such an approach would simply eradicate their Islamic identity and
religion. They keenly perceive this as a strategy to perpetuate the colonial approach to Christianization."
As we know, the secessionist movement did not succeed, largely due to lack of international support
among Muslim countries and to the Philippine government's explicit rejection. Nevertheless, the
petition for the Autonomous Region in Muslim Mindanao (ARMM) was strategically granted, allegedly,
to soften the worsening decades of Mindanao conflicts.

The struggles of the indigenous peoples in Mindanao continue. Until now, many Lumad and Muslim
Filipino communities are still victims of many government-sponsored development projects that have
become instruments of "cultural invasion" and systematic eradication of their indigenous identity. They
feel excluded from government development plans, as they are still the most affected victims of other
people's development projects, such as logging operations, establishment of ranches, mining
concessions, agribusiness plantations, industrial tree plantations, government reservation areas, and
power-generating projects. The IPs unjustly bear the costs of mass displacement-the price of someone
else's "development." They continue to desperately cry out for justice, as they hold on to a dream that
someday their human rights will be duly recognized and that they will be given the right to fully govern
their communities according to their own customary laws.

Religious Prejudices. As in the past, religious oppression continues to exist today in the frontiers of the
country, especially in Mindanao, where the believers of tribal, Islamic, and Christian religions coexist.
Historically, the present tripeople composition (i.e., Lumad, Muslim, and Christian) in Mindanao was
made possible by the phenomenon of migration owing to the government resettlement program in the
early 20th century. Numerically, the Lumad and Muslim Filipinos are the minority communities as they
comprise only about 20 percent of the total Mindanao-Sulu population. Accordingly, the IPs are not only
the least in terms of demographic quantity but also the last in matters of development priorities.

The existing conflict in Mindanao has been commonly framed from the perspective of religious
differences between Muslim and Christian communities. Oftentimes, the religious conflict between
Christians and Muslims has been exaggerated at the expense of neglecting and marginalizing the
religious interests of the Lumad. Nevertheless, the perception of religious conflict between armed
Muslim groups and Christian settlers in Mindanao is not without basis. It can be confirmed by the
existence of the Moro Islamic Liberation Front (MILF), which allegedly forged a tactical alliance with the
NPA-NDF against the government. As Eliseo Mercado has argued, "The Moro struggle that is, rightly or
wrongly, associated with the MILF has a religious face. The conflict in Southern Mindanao has something
to do with religion.” For Mercado, the religious nature of the Mindanao conflict is evident in the killings
and kidnappings of many Christian personnel, including bishops, nuns, priests, pastors, and foreign
missionaries by the

alleged Muslim fundamentalist groups. In fact, the reality of threats and violence against church workers
still continues today. All these would seem to indicate that there is a religious factor in the Filipino
Muslim's struggle in Mindanao.

There is no need to insist that the Muslim struggle for peace is inseparable from the dream for liberation
and a sustainable future. Too much attention has already been given to insurgency problems to the
neglect of the equally important environmental issues that today are indiscriminately plaguing the
people-both rich and poor. It is high time to include the urgent ecological issues among the top priority
agenda for Mindanao!

Trends in forest policy of the Philippines. (Pulhin, J.M., College of Forestry and Natural Resources, UP Los
Banos, available at https://pub.iges.or.jp/system/files/publication_documents/pub/policyreport/
180/03_Philippines.pdf (Links to an external site.))

xxx The dark past of forest use in the Philippines still haunts the country today. Forests have
disappeared altogether in many places, and the remaining fragments are concentrated in only a few
regions, xxx. To make matters worst, more than 20 million Filipinos occupy the uplands, and nearly half
of this population is entirely dependent on the forest resource which remains in these areas. xxx

The 1997 data on land classification show that 15.88 million hectares of the country’s total land area are
classified as forest land. Of this figure, about 15 million hectares (94 per cent) have been classified into
various categories, while the remaining 0.88 million hectares remain unclassified (Forest Management
Bureau, 1998). xxx

Since the Spanish colonial period, forest policy in the Philippines has been continuously revised to suit
the changing priorities and needs of the country in relation to the goods and services provided by the
forests. Despite this, however, the country’s forest resources have continued to dwindle, benefiting the
privileged few at the expense of the millions of people living in the uplands who depend on these
resources for survival. xxx
With the introduction of this Regalian Doctrine, the colonial authorities changed the public attitude
towards a range of forest issues by undermining traditional rights to land ownership as well as other
prior claims of indigenous communities to forest resources (Borlagdan, Guiang and Pulhin , 2001).
Furthermore, rights to forest utilization were granted only to a few “privileged” individuals, which led to
the conversion of lowland forest land into agricultural crop plantations (Sajise, 1998 ; Borlagdan, Guiang
and Pulhin ,2001).

Spanish land law weakened customary Filipino systems of land tenure, depriving indigenous peoples of
their rights to their land and bypassing communal Indios associations. Instead, the colonial government
and the local elite claimed the land for themselves (Poffenberger and McGean, 1993; Sanvictores, 1997).

The Spanish institutionalized the notion of state ownership of forest land and forest resources in the
country through the establishment of a forest bureaucracy and its constituent instruments which
allocated proprietary rights for forest use (Borlagdan, Guiang & Pulhin, 2001). In 1863, the Inspeccion
General de Montes (IGM) was created, which governed the utilization of forest resources (Boado, 1988;
Sajise, 1998). Though the IGM facilitated the release of forest land to private interests, land had to be
thoroughly surveyed, gazetted and officially certified as both alienable and disposable, before it could be
sold (Borlagdan, Guiang & Pulhin, 2001; Boado, 1988).

Despite this, forest policy enacted under Spanish rule can be considered as instigating relatively little
forest exploitation in the Philippines. Commercial forest exploitation for timber and the generation of
government revenue from forest use was limited since the Spanish colonizers had control over only a
small portion of the archipelago. Moreover, even though illegal logging and the development of
agriculture in forest lands increased at this time, the pressure on forest lands was negligible and the net
loss not extensive, since the human population was small (Boado, 1988; Borlagdan, Guiang & Pulhin,
2001).

When the United States took control of the Philippines in 1898, the country, apart from Cebu and Bohol,
still had extensive forest cover. The lush forest vegetation which remained in many parts of the country
was effectively “waiting to be explored by American capitalists” (Boado, 1988), and encouraged the
rapid development of the forestry industries. As the government asserted ownership over forests and
forest land (Borlagdan, Guiang & Pulhin, 2001; Boado, 1988), American logging companies entered the
country and mechanized logging began. xxx

Accordingly, the forest industries in the Philippines flourished throughout the American period of rule,
and the country became a major exporter of logs and timber on the world market, trading particularly
with the United States. Amongst its domestic industries, the lumber industry ranked fourth in terms of
production, second in terms employment, and third with regard to monthly payments at this time. The
forest industry also generated annual revenue averaging at P2.9 million (Boado, 1988; Borlagdan,
Guiang & Pulhin, 2001).

However, the boom in the forest industry also prompted a “steady loss of forest throughout the era of
American rule” (Poffenberger, 2000). In response to the negative impacts brought about particularly by
destructive logging, laws prohibiting kaingin-making and illegal entry into public forests were
promulgated. Reforestation projects were also initiated in 1916 to address the deforestation problem.
However, these acts proved ineffective and difficult to implement due to the size of the population, a
lack of forest rangers, and the enormous size of forest lands (Sajise, 1998; Boado, 1988).

Despite the entry of the Japanese in 1942, all districts and forest stations in occupied territories
continued to operate. The country’s forest resources were heavily exploited for war purposes, resulting
in severe deforestation and a devastated forest industry (Boado, 1988).

xxx The post-colonial period did not bring any major change in the focus of forest policy (Boado, 1988)
as the government continued to support and even reinforce the system of ownership promoted by the
Regalian Doctrine (Sajise, 1998; Boado, 1988). xxx

The post-war period was also characterized by increased forest exploitation. Large-scale logging
expanded to meet the increasing market demands for timber in Japan and the United States. This
generated more revenue for the government, which was greatly needed to help accelerate national
rehabilitation and development (Boado, 1988; Borlagdan, Guiang & Pulhin, 2001). However, many
politicians and “well connected” individuals also found the exploitation of natural resources to be a very
lucrative business (Borlagdan, Guiang & Pulhin, 2001).

Amidst the highly destructive logging activities in the post-independence era, policy which advocated
sustainable forest management and brought about the formation of regulated felling procedures known
as the Philippine Selective Logging System (PSLS), was introduced in 1953. The government also adopted
the policy of “land for the landless”, instituted the Homestead Act, and promoted export and import
substitution policies (Borlagdan, Guiang & Pulhin, 2001).

When Marcos ascended to the presidency in 1965, deforestation peaked as the number of logging
concessionaires grew, the export market became hungrier for logs, and the population increased. Under
his regime, the number of timber license agreements (TLAs) granted also soared. As logging rights to
vast forest concessions, TLAs were used as a tool to cement political patronage and as a means to
strengthen Marcos’ political network. That is, forest concessions were dispensed to the president’s
cronies as a reward for political loyalty (Vitug, 2000).
Experiencing eventually the inevitable results of several decades of forest exploitation, the Marcos
administration in the 1970s formulated a number of programmes that rallied the involvement of
individuals and upland communities in forest management. These included the Forest Occupancy
Management (FOM) in 1975, the Family Approach to Reforestation (FAR) in 1976, and Communal Tree
Farming (CTF) in 1978. The Programme for Forest Ecosystem Management (PROPEM) was also
introduced in 1978, requiring all citizens of the Philippines to plant one tree a month for a period of five
years (Boado, 1988; Sajise, 1998; Pulhin, 1997). Though these programmes enlisted the public in their
capacity to provide labour rather than as partners in forest conservation and development, they did
mark the onset of a pioneering period in the establishment of community forestry in the Philippines
(Pulhin, 1997).

xxx Recognizing the potential role of people in the conservation and development of forest resources,
Letter of Instruction 1262 was issued in 1982, which consolidated the CTF, FOM and FAR into one
comprehensive programme entitled the Integrated Social Forestry Programme (ISFP). This programme
accordingly aimed to “democratize the use of public forests and to promote more equitable distribution
of the forest bounty”. Under the ISFP, stewardship agreements were granted to qualified individuals and
communities allowing them to continue occupation and cultivation of upland areas, which they were
required to protect and reforest in return. However, the programme has been characterized by weak
implementation, low participation of beneficiaries, poor government support, neglect of ancestral
domain rights, and uncertainty with respect to sharing of benefits from forest products (Pulhin, 1987;
Sajise, 1998).

The Philippine Mining Act of 1995: Is the law sufficient in achieving the goals of output growth,
attracting foreign investment, environmental protection and preserving sovereignty?

(Raymundo, R.D. School of Economics, DLSU, Presented at the DLSU Research Congress 2014, available
at https://www.dlsu.edu.ph/wp-content/uploads/pdf/conferences/research-congress-proceedings/
2014/SEE/SEE-III-026-FT.pdf (Links to an external site.))

Mining Output Performance. From 1997 to 2012, the gross production value in mining had increased
from P33.1 billion to P146.4 billion. Production value had increased by an annual average rate of 23.36
percent from the 2001 level of P29.0 billion up to P102.2 billion in 2007. Consistent increases in
production value were also recorded from P87.1 billion in 2008 up to P163.2 billion in 2011 reflecting an
average annual growth rate of 23.28 percent. Shorter periods of growth occurred from 1997 (P33.1
billion) to 1998 (P37.7 billion) at 13.9 percent and from 1999 (P30.9 billion) to 2000 (P31.0 billion) at 0.3
percent (Mining Industry Statistics, Mines and Geosciences Bureau, 2013).
However, significant declines in gross production value were recorded on four occasions over the 15-
year period. Gross production value decreased by 18.037 percent from 1998 (P37.7 billion) to 1999 (30.9
billion) , 6.45 percent from 2000(P31.0 billion) to 2001 (P29.0 billion) , 14.77 percent from 2007 (P102.2
billion) to 2008 (P87.1 billion) and 10.3 percent from 2011 (P163.2 billion) to 2012 (P146.4 billion)
(Mining Industry Statistics, Mines and Geosciences Bureau, 2013).

Mining Employment. Employment in the mining sector had generally increased from 130,000 workers in
1997 to 252,000 workers in 2012. The number of workers employed consistently increased from 2002 to
2012 (from 101,000 to 252,000) with an average annual increase of 9.6 percent (Mining Industry
Statistics, Mines and Geosciences Bureau, 2013).

The mining sector’s contribution to total employment in the entire economy remains low at less than 1
percent. For the year 2012, the mining sector’s contribution to total employment in the economy was at
its highest at 0.7 percent (Mining Industry Statistics, Mines and Geosciences Bureau, 2013).

Cases of Environmental Damage. Several incidents involving waste spillovers from large scale mining
firms have been documented despite the promulgation of the 1995 Mining Act. In March 1996,
Marcopper mines in Marinduque spilled out 3 to 4 million metric tons of mineral tailings into the
Makulapnit-Boac river system causing flash floods in areas along the river. Muddy floodwater displaced
400 families, twenty villages were evacuated, drinking water was contaminated killing fish and shrimp.
Flooding destroyed crops and killed livestock and destroyed irrigation channels. Boac river was declared
unusable (Coumans, 2002). In October 2005,

Lafayette Mining Corporation’s Rapu Rapu mines in Albay was responsible for cyanide spills and acid
mine drainage and toxic heavy metal pollution resulting to massive fish kills along the fishing grounds of
Rapu Rapu island and the adjacent municipalities on the eastern coast of Sorsogon (Regis, 2012).

In August 2012, Philex Padcal Mines in Benguet spilled out 20 million metric tons of mineral tailings
which drained into the Balog and Agno river systems affecting the water requirements of the San Roque
Dam used for agricultural irrigation and power generation (Senate Economic Planning Office, 2013). The
Philex, Padcal Mine has so far only cleaned up one million metric tons or just five percent of the total
amount of toxic mine tailings it spilled from its outdated dam facilities. Philex has refused to pay the
P6.42 billion demanded by the National Power Corporation for rehabilitation of the affected San Roque
Dam (Bautista, 2013). In July 2012, the Nicua Mining Corporation operating in MacArthur Leyte, released
mine wastes resulting to a large fish kill in the rich fishing grounds of Lake Bito Leyte.

In November 2012, slit spilled from the Toronto mine of Citinickel Mines and Development Corporation
in Narra, Palawan, with waste from mining operations flowing into a river and irrigation canals affecting
farms and a fish pond. The Mines and Geosciences Bureau imposed fines of over P500,000 on the firm
for the mine spills attributed to negligent operations. The firm was also required to clean up and
rehabilitate the affected waterways (Mines and Communities, 2013).

Aside from the breakdown of mining waste disposal systems, the failure of firms to undertake mine
rehabilitation and maintenance procedures for their abandoned mines also lead to problems such as
acid mine drainage, heavy metal contamination of surface water, sedimentation, and pit void which
create both environmental and health hazards for residents in the immediate vicinity. This leads to the
dislocation of communities, risks to health and livelihood, massive environmental damage and the loss
of mining resources to a small group of large scale mining companies.

In addition to the various cases of environmental damage, mining operations evicted indigenous peoples
from mining sites, it imposes an imminent danger to indigenous culture, destroyed mangroves, coral
reefs, agriculture and biodiversity. The record of mining companies with regard to environmental
protection, disasters and postmining clean-up in the Philippines is widely acknowledged to be very poor
(Doyle, et al., 2007)

Effects of the Mining Act. Considering that nine million hectares of land have been identified by the
Mines and Geosciences Bureau as having high mineral potential, with untapped mineral resources
estimated at $840 billion, and the Philippines being ranked as third in the world in gold deposits, fourth
in copper reserves, fifth in nickel and sixth in chromite (based on density of deposits per square
kilometer of land area ) (Business World, 2005), the participation of the mining industry in the economy
has been marginal at best.

Environmental disasters caused by mining operations continue despite the implementation of the
Philippine Mining Act. In view of the country’s high mineral potential, alongside the marginal
contributions of the industry to the economy, and the very low net foreign investment inflows, it can be
observed that the Philippine Mining Act has not been effective in terms of achieving consistent mining
output growth, faired poorly in attracting foreign direct investment and is unsuccessful in preventing
massive environmental disasters caused by poorly regulated mining operations.

ALAMIN and the Mindoro nickel project, 1993-2013

(Gibson, T. (2015). Sacrifice and sharing in the Philippine highlands: Religion and society among the Buid
of Mindoro. Quezon City: Ateneo de Manila University Press)
During Corazon Aquino's presidency, the political situation in the Philippines slowly returned to the pre-
Martial Law system of formal democracy controlled by an oligarchic elite. This elite proved amenable to
the neo-Iiberal restructuring of the global economy that took place during the 1980s. During the
administration of President Ramos (1993-1998), a systematic effort was made to pass legislation that
would allow foreign corporations to invest in the Philippines and exploit its natural resources. At the
same time, the collapse of the Soviet Union in 1991 and the full embrace of the "capitalist road" in China
the following year led to the splintering of the revolutionary left in the Philippines. In 1993, the
Communist Party split into a wing that "reaffirmed" its commitment to protracted guerrilla war and a
wing that "rejected" it as outmoded. The center of social activism in the Philippines shifted decisively
from the revolutionary to the democratic left, which was forced to develop new strategies to resist the
neo-Iiberal restructuring of the national economy (Quimpo 2008, 56-68).

In Mindoro over the past twenty years, these global forces have played themselves out as a conflict
between sustainable agricultural production and the development of large-scale mining. During this
period, Oriental and accidental Mindoro became two of the provinces producing the largest rice surplus
in the Philippines, while transnational mining corporations discovered that Mindoro contained some of
the richest deposits of nickel ore in the world. The most important question facing both the indigenous
and the lowland peoples of Mindoro today is whether its economy will continue to be based on local
food production or whether it will come to be dominated by corporate mining and plantation
agriculture. For the first time in Mindoro's history, indigenous and lowland farmers have come to
recognize that they share a common interest in protecting the water and soil of the island against a
common external enemy: the global mining industry. They have also come to realize that they will have
to organize on a national and even global level to defeat this enemy.

The Philippine Mining Act of 1995

The stage was set for the exploitation of the mineral wealth of the Philippines on 8 September 1993,
when President Ramos commissioned a multi-sect oral task force to assess the needs of the mineral
sector. The task force was dominated by public official from the Mine and Geosciences Bureau (MGB)
and by private interest from the Chamber of Mines of the Philippines (COMP). The main objective of the
mining lobby was the lifting of the 40% ceiling on foreign ownership of mining ventures contained in
Article XII, Section II of the Constitution of 1987. This was accomplished with the Philippine Mining Act of
March 1995 (RA 7942), which allowed up to 100 percent foreign ownership of mining operations.
Companies were allowed to operate for a maximum of fifty years and to occupy an area of up to 81,000
hectares, within which they could enjoy rights to timber, water and certain easements. Additional
incentives included tax holidays and the ability to repatriate 100 percent of their capital and profits.
These provisions were strongly backed by the World Bank. Future President Gloria Arroyo sponsored the
legislation while she was a member of the Philippine Senate.

World nickel consumption rose from less than one million tons per year in 1995 to 1.6 million tons in
2010. Between 2000 and 2010, China's consumption of nickel rose from about 10,000 tons per year to
almost 500,000 tons. As growing demand drove the price of nickel to new heights on world markets, it
became profitable to refine nickel from the lateritic soils found in many tropical countries, including the
Philippines, Indonesia, New Caledonia and Cuba.

Extracting nickel from these soils requires the use of highly sophisticated, capital-intensive technologies.
First, all of the topsoil in the area to be mined must be stripped away. The underlying lateritic soil is then
subjected to the "High Pressure Acid Leach" (HPAL) process.

This process leaves behind large quantities of heavy metals and sulfides, which if they come into contact
with rainwater and atmospheric oxygen will oxidize into sulfuric acid. Waste dumps must thus be
covered in a layer of clay, a layer of soil and a layer of vegetation to hold them in place. The chances of
implementing an environmentally sustainable system of nickel mining in the Philippines seem remote,
given that the country lies in the center of the typhoon zone and suffers periodic torrential rains that
induce landslides exacerbated by deforestation and erosion, and that local political institutions suffer
from too much corruption and inefficiency to ensure effective enforcement of the expensive safety
measures this kind of mining requires."

Within months of the passage of the Philippine Mining Act, fifty applications for Financial or Technical
Assistance Agreements (FTAA) were with the Mines and Geosciences Bureau (Chaloping, March 2011,
5). By the end of 1997, mining applications had been submitted which covered 36% of the total area of
Mindoro. On March 1997, Mindex Resources Development Corporation received an Exploration Permit
to prospect for nickel on 9,720 hectares situated at the headwaters of the Magasawang Tubig River. The
permit affected lands belonging to members of the Alangan, Tadyawan, Bangon-Ruwang and Tawbuid
tribes.

The Indigenous Peoples Rights Act of 1997

Because most mining would take place in the mountainous lands occupied by the indigenous peoples of
the Philippines, new legislation was also required to provide mining corporations with access to these
lands. Legislation to implement the Constitution's provisions recognizing indigenous rights was passed in
1997 as the Indigenous Peoples Rights Act (IPRA). It required mining companies to gain the Free, Prior
and Informed Consent (FPIC) of indigenous peoples before engaging in the exploration, development,
exploitation and utilization of natural resources within their ancestral domains. It also required military
and paramilitary forces to gain consent before establishing temporary or permanent military facilities
within ancestral domains.

Following the advice of the National Commission on Indigenous People, Mindex Resources set about
creating a captive Indigenous Peoples Organization that could provide the needed FPIC for its
operations. In 1998, a Mangyan employee of Mindex named Salome Yedel organized a group of Bangon-
Ruwang, Buhid and Tadyawan living near the Mindex concession into an IPO called the Lupaing Ninuno
Kabilogan ng Mangyan Inc. (KMI). The officers of this organization were chosen inside the Mindex
compound under the watchful eye of the corporation. After setting up the KMI, Salome Yedel moved on
to organize a second IPO called the Samahang Apo Dia Alangan ng Kisluyan (SADAKI), which purported
to represent members of the Alangan and Tadyawan tribes affected by the Mindex nickel mining project
(Goodland and Wicks 2008, 152).

The Alliance Against Mining (ALAMIN) and the Alyansa Tigil Mina (ATM), 1999-2013

In response to Mindex's manipulation of the Mining Act and IPRA, both highlanders and lowlanders in
Mindoro realized that the Mindoro Nickel Project (MNP) threatened the water resources on which they
all depended on. Their common interests received formal expression in May 1999 with the formation of
the Alliance Against Mining in Oriental Mindoro (ALAMIN). Its members included IP [Indigenous Peoples]
federations, fisherfolk and farmer organizations, NGOs, civic groups, business groups, medical
practitioners, lawyers, teachers and other professionals, students, environmentalists and artists,
government officials and workers and social and human rights activists. (Maliwanag and Gariguez n.d.)

A key leader of this movement was Father Edwin Gariguez (b. 1963), a native of Quezon Province who
had worked in Mindoro since 1993. xxx

To follow what came next, it is necessary to note that the corporate interests behind the MNP kept
changing their composition and location over the following decade. Mindex ASA was originally a
Norwegian corporation. On 29 February 2000, it sold 97.7% of its shares to a Canadian corporation
called the Crew Development Corporation. The Philippine subsidiary of Mindex ASA, Mindex Resources
Development Inc. (MRDI), was renamed Crew Minerals Philippines Inc (CMPI). The latter company was
placed under the management of Crew Minerals of Norway, the non-gold division of the Crew
Development Corporation of Canada.
Following a scandal that led to the resignation of President Joseph Estrada, Gloria Arroyo was installed
as President of the Philippines on 20 January 2001. On 16 July 2001, her new Secretary of the
Department or Environment and Natural Resources, Heherson Alvarez, formally revoked the Mineral
Production Sharing Agreement (MPSA) that his predecessor had signed with the Aglubang Mining
Corporation (AMC), the Philippine subsidiary of Crew Development Corporation. On 1 March 2002,
ALAMIN followed up this victory by persuading the Provincial Council or Oriental Mindoro to pass an
ordinance declaring a twenty-five (25) year moratorium on all mining in the province.

Crew Minerals responded to these setbacks by renewing their lobbying of the Office of the President,
and in March 2004, the MPSA was abruptly reinstated. In February 2005, the Supreme Court finally ruled
that the Agreements that mining corporations had signed with the Mines and Geosciences Bureau
during the previous ten years were constitutional, even if they gave foreign companies ownership rights
to Filipino resources (Alyansa Laban sa Minya 2013).

Faced with open support for the mining industry by the President and the Supreme Court, local anti-
mining organizations around the country came together in 2005 to form the Alyansa Tigil Mina (Anti-
Mining Alliance [ATM].) It had become clear that local opposition forces were not powerful enough to
counteract the wealth and influence that transnational corporations could bring to bear on the national
government. A decision was made to take the struggle to a new level, and to lobby the governments of
the nations in which the corporations were based.

In July and August 2006, the ATM persuaded a British fact-finding mission headed by former Member of
Parliament Clare Short to visit the Philippines and investigate its mining policies. The following month,
Father Gariguez and Ramil Baldo, an Alangan from the area directly affected by the Mindoro Nickel
Project, traveled to Oslo and London to lobby the Norwegian and British Parliaments against the MNP.
The British mission issued a highly critical report in January 2007 (Doyle et al., 2007; MacKinnon 2007).

In December 2006, Crew Minerals acquired a new board and share-holders, changed its name again to
Intex Resources to distinguish itself from the Crew Gold Corporation, and began trading as ITX. In
January 2007, the Alangan leader who had accompanied Father Gariguez to Norway was secretly taken
by the military to meet with the new President of Intex in Manila. He was persuaded to drop his
opposition to the MNP and was made the president of SADIKA, one of the two puppet organizations that
had been set up by Mindex Resources in 1998 (Gariguez 2007).

In October, 2007, the Norwegian ambassador to Manila issued a report concluding that the vast majority
of the Mangyan were opposed to the Mindoro Nickel Project (Risa 2007; Norwegian Contact Point
2011).
In February 2008, the British Work Group on Mining in the Philippines (WGMP) made a return trip to
Mindoro and also concluded that the vast majority of the Mangyans were opposed to the mine
(Goodland and Wicks 2008). Their findings were confirmed by a report issued on 9 October 2008 by the
National Commission on Indigenous Peoples, and by a report issued on 28 November 2011 by the
Norwegian National Contact Point for the OECD Guidelines for Multinational Enterprises (Norwegian
Contact Point 2011).

The Arroyo administration simply ignored these negative reports because the economic stakes had
become so high. In 2004, the Philippines was producing only 17,000 tons of refined nickel equivalent per
year, but by 2009 production had risen to 137,000 tons. On 14 November 2009, the Department of
Environment and Natural Resources issued an Environmental Compliance Certificate (ECC) to Intex
Resources that covered 11,600 hectares of forested land at the headwaters of the Mag-asawang Tubig
River, the source of irrigation water for 50,000 hectares of rice fields in northern Mindoro.

Two days later, Father Gariguez led an eleven-day hunger strike in front of the DENR offices in Quezon
City. The strike generated national publicity, and the ECC was revoked on 27 November 2009 (Acuna
2010).

Self-determined development and UNDRIP

The main principles which underpin UNDRIP are non-discrimination and equality. and the foundational
right is the right of self-determination. There is a need to highlight the preamble, which further
elaborates self-determined development. The preamble:

recognizes that the historic injustices we suffered, through colonization and dispossession of our lands,
territories and resources, have prevented us from exercising our right to development.

acknowledges the urgent need to respect and promote our inherent rights. which derive from our
cultures, economic, social and political structures, our histories and

worldviews and our rights to our lands, territories and resources.

affirms that our control over our lands, territories and resources and over developments which affect us,
will enable us to maintain and strengthen our institutions, cultures and traditions as well as pursue our
development according to our needs and aspirations.

stresses that the imperative to respect our indigenous knowledge, cultures and traditional practices is
crucial as these can contribute to the goals of sustainable and equitable development.
states unequivocally that we possess collective rights which are indispensable for our existence,
wellbeing and integral development as peoples.

Harmonious and cooperative relations between States and indigenous peoples would be strengthened if
the rights contained in this Declaration are recognized. Justice, democracy, respect for human rights,
non-discrimination and good faith are the key principles which define this relationship.

The UNDRIP is an acknowledgement that indigenous peoples have not and still do not enjoy the rights
afforded to them by International Human Rights Law on an equal and non-discriminatory basis. It does
not establish special rights for us but is an instrument that interprets how International Human Rights
Law applies to us, as distinct collectivities and as individuals. The arguments we used to convince States
are that the articles of the Declaration come from natural law, our histories, our customary laws,
existing International Human Rights Law and jurisprudence of the various Treaty Bodies. Some States
who voted against it, however, still do not accept respect for customary law established by the
Declaration.

The main basis of our claim to our right to development is our right of self-determination (Article 3).
From this follows our right:

1. to maintain and strengthen our distinct political, legal, economic, social and cultural institutions ( 5).

2. to be secure in our enjoyment of our own means of subsistence and development, and to engage
freely in our traditional and other economic activities (Article 20.1).

3. Should we be deprived of our means of subsistence and development, we are entitled to just and fair
redress ( 20.2).

4. to determine and develop priorities and strategies for exercising our right to development. This
includes our right to develop and determine health, housing and other economic and social programmes
affecting us, to be involved in shaping these and, as far as possible, to administer such programmes
through our own institutions ( 23).

5. The Declaration states that we cannot be subjected to forced assimilation. Any past, present or
future action, which deprives us of our integrity as distinct peoples, dispossesses us of our lands,
territories and resources, forcibly assimilates or integrates us, or denigrates our cultural values and
integrity should be provided redress by the State ( 8).
 6. Integral to the right to development is the right of participation. This is why we fought hard to ensure
that our right to free, prior and informed consent is recognized in the Declaration which is affirmed in
several articles. We cannot be forcibly removed from our lands and territories and relocated without our
free, prior and informed consent ( 10).

7. We have the right to practice and revitalize our traditions and customs, which includes our right to
maintain and protect past, present and future manifestations and expressions of our culture. These
include our archaeological and historical sites, artefacts, designs, ceremonies, technologies, literature
and visual and performing arts. These are considered our cultural, religious, intellectual and spiritual
property. If these are taken without our free, prior and informed consent and in violation of our laws,
traditions and customs, States should provide redress, which includes restitution jointly developed with
us ( 11).

8. The Declaration affirms that we have the right to maintain, control, protect and develop our cultural
heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of our
sciences, technologies and cultures, including human and genetic resources, seeds, medicines,
knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and
traditional games and visual and performing arts. We also have the right to maintain, control, protect
and develop our intellectual property over such cultural heritage, traditional knowledge, and traditional
cultural expressions ( 31).

The Declaration recognizes that the dignity and diversity of our cultures, traditions, histories and
aspirations should be appropriately reflected in education and public information. Effective measures
should be taken by States to combat discrimination and prejudice against indigenous peoples and
promote tolerance, understanding and good relations between us and the broader society (Art. 15).
Since UNESCO is the main body that deals with the development of education and media, it plays a
significant role in monitoring how this particular article is implemented.

We have the right to determine and develop priorities and strategies for the development or use of our
lands, territories and resources. Our free, prior and informed consent should be obtained by States
before approving any project, especially as it relates to the development. use and exploitation of
mineral, water and other resources. Just and fair redress for activities undertaken without our
participation and consent should be provided by States, and effective measures should be taken to
mitigate adverse environmental, economic, social, cultural and spiritual impacts (Art. 32). States should
respect our right to conserve and protect our environment and the productive capacity of our lands,
territories and resources and provide assistance programs for these without discrimination (Art. 29).

Culture as development and development as culture

The UNDRIP contains the basic principles and rights to be implemented if self-determined development
is to be achieved. xxx. The violation of the rights to lands, territories and resources is also a violation of
the rights to development and to culture. The culture of indigenous peoples cannot be understood
outside of their physical environment, resources and traditional livelihoods.

We may not produce a lot of surplus from our agricultural production BUT our wellbeing as distinct
peoples is not compromised. From the perspective of the dominant development model, there is no
development in our communities because our contribution to the gross national product (GNP) is
insignificant.

The imperative to ensure that our cultures and traditions remain alive, our community unity and
solidarity is strengthened, our subsistence is guaranteed, and our indigenous governance systems are in
place, requires us then to fight for our basic human rights which include civil, political, social, economic
and cultural rights. We can easily grasp the concepts of inalienability, indivisibility and interrelatedness
of human rights because of this.

The UNDP theme for its 2004 Human Development Report in 2004, "Cultural Liberty in Today's Diverse
World," aimed to counter the Huntington view that the problems of the world today are rooted in the
clash of civilizations or cultures. Because this was done post-September 9/11, the HDR team found it
timely to deal with this issue. The UNDP report elucidated on why it is crucial that the issue of culture be
integrated in mainstream development thinking and practice. It shows that democracy and economic
growth have proven to be inadequate to bring about a more peaceful and prosperous world. Developing
and implementing multicultural policies which recognize and respect differences in ethnicity, religion
and cultures and promote diversity and cultural freedoms are instead the paths to take for a more
peaceful and secure world.

The World Bank Operational Policy 4.10 on Indigenous Peoples (2005), the Inter-American Development
Bank Operational Policy on Indigenous Peoples and Strategy for Indigenous Development (2006) and
Asian Development Bank Policy on Indigenous Peoples (1998) all contain provisions which acknowledge
that indigenous peoples' identities and cultures are linked to their ancestral lands and territories and the
natural resources they depend on. The risks and vulnerabilities they suffer when so-called development
projects are brought to their communities, even without their consent, compelled these different bodies
to develop safeguard policies on indigenous peoples. The IADB Strategy Paper went to the extent of
defining development with identity:

... refers to a process that includes strengthening of indigenous peoples, harmony and sustained
interaction with their environment, sound management of natural resources and territories, the
creation and exercise of authority, and respect for the rights and values of indigenous peoples, including
cultural, economic, social and institutional rights, in accordance with their worldview and governance.
This is a concept based on the principles of equity, interconnectedness, reciprocity and solidarity. It
seeks to consolidate the conditions in which indigenous peoples can thrive and grow in harmony with
their surroundings by capitalizing on the potential of their cultural. natural. and social assets. according
to their priorities.

Indigenous peoples have to be made aware of the existence of these policies and be equipped to use
them, as these banks fund development projects in indigenous territories.

Firewood is still the most commonly used fuel for cooking in the community. The community’s electric
power is provided by the Mountain Province Electric Cooperative (MOPRECO). However, only 50 percent
of the households have availed of electricity due to the membership requirements, wiring and monthly
billing. Electrical power is used mainly for lighting.

Forest products of Daulan include soft wood, orchids, herbal plants, reeds, weeds, and some wild
animals like deer, boar, and wild birds. Edible plants found in the place are rattan shoots, pappait, amti
and other native plants. Hardwoods that were found before are now gone due to illegal logging. There
are also many water sources in the community. These include the Pap-arong river, the Chauran river and
Chapah creek. These are sources of fresh water fish aside from being utilized for irrigation and domestic
use.

Sitio Daulan has a total population of 272 individuals with 62 households and 63 families. The people are
a mixture of different ethnolinguistic groups, but the majority belong to the indigenous Ha’ki tribe. They
speak the Tinongrayan and Ginihon languages. But many also speak and understand Pilipino, Ilocano,
and English especially the younger generations.

Rice farming is the main economic activity and primary source of livelihood in the community. There are
two cropping seasons both for wet and dry rice farming. The first cropping is called Tinyerga. It is
planted during the months of January until June. During this first planting season indigenous and
introduced varieties are planted. The second cropping is called Tapiac. The rice varieties planted are
Tapac and Pinnawid and some other rice varieties planted in the first cropping are tried in this planting
season. Both organic and inorganic farming are practiced in the community. Organic farming is done
with the use of animal manure. Some rice fields are planted with camote or sweet potatoes, aba or gabi
(taro), and corn during the dry season due to insufficient irrigation water. Rice production is primarily for
household consumption. Rice shortage is common especially from the months of January until May. To
cope with the situation, the people engage in swidden farming, and paid labor for additional income.

Aside from wet rice farming, upland swidden farming is practiced through the uma system. Harvest from
upland farming are usually a mixture of traditional and introduced rice varieties and vegetables.
Traditional crops are beans, peanuts, chayote, corn, squash, and sweet potatoes. Temperate vegetables
grown are wombok (chinese cabbage), cabbage and pechay (a cabbage variety).

In addition, some community members engage in tilapia fish production. Raising of chickens and ducks
for household consumption is also common to all households. Seasonal or occasional labor is another
source of livelihood for the residents.

Males usually go out of the community for seasonal labor in construction or gardens while some women
go out to work as house help. Overseas work is also a cause of temporary outmigration. Government
employment and store-keeping are other sources of income for a few residents. Making brooms from
tiger grass and rattan weaving of baskets and backpacks are also done, usually by the males.

Indigenous practices are still followed in the community. Elders decide on community issues and also
help in its implementation. Governance and decision making is done both by the barangay officials and
the elders.

Elementary school children study in Tonglayan and in schools outside the barangay. Elementary and high
school students need to walk 15-20 minutes to reach the school in Sitio Pora, while college students
travel to Bontoc, Baguio, Isabela, or Manila for their education.

There is one Barangay Health Station with only one barangay health worker and a barangay midwife
assigned in the community. Common diseases are headache, diarrhea, cough, flu, rheumatism, measles,
amoebiasis, ulcer, urinary tract infection, goiter, and worms. The malnutrition rate in the community is
high. Most of these cases are preventable, yet these remain the major illnesses in the community.
The Balugang-Daulan Farmers Organization (BADAFO) first came to know about Cordillera Disaster
Response and Development Service (CorDisRDS) in May 2008, through the provincial peasant alliance
APIT-Montañosa and the Cordillera Peoples Alliance (CPA) Mountain Province chapter. The activities
implemented by CorDisRDS in Balugang-Daulan include a Water Works Project, Human Rights
orientation, leadership training seminar, herbal medicine training and support for organizing the general
assembly of the people’s organization.

Waterworks System. The people of the community felt the need for a waterworks system because of the
lack of clean water in the community. They had an existing water system at that time with limited pipes
and faucets that did not reach all the different clusters of houses. But because the water source was
from a brook (waig), it was not safe to drink. Soil and decayed leaves and plants usually contaminated
the water and they had to boil their water for drinking all the time. The water volume from the old
source was insufficient for the needs of all the households. It served mainly the houses near the source
while little was left for the lower sitios such as Balugang and Daulan, causing competition and disputes
over water among the people. They were not able to construct water sealed flush toilets because of the
lack of water.

For the women, the problems they encountered with the old water system was that the water was not
safe for their children to drink, requiring them to boil it. The children usually get diarrhea after drinking
water straight from the old source. They had to walk far to fetch water from the source or from the river
when the supply of water is cut, especially during rainy season when sticks or stones block the pipes
from the old source. Time usually spent by the women in fetching water and washing clothes and dishes
in the source was around one to two hours each day.

Thus, when CorDisRDS responded to the request of the community and the plan for the water works
project was made, the whole community participated actively since they felt that the water works was a
priority project. All the 67 households in Balugang and Daulan helped in the work by sending their
representatives to work each day, including the men, women and youth. Men and women helped in
hauling sand and gravel. The youth carried the cement and pipes from the road. During the construction
of the water tank and the installation of the pipes, the men went out early to do the work, while the
women prepared the food for the workers.

Plumbing and cementing work were done by the community members who had learned the skills from
the construction of the old water system. CorDisRDS was responsible for the design and technical
assistance and they also provided all the materials for the project. They suggested that three
distribution pipes be installed directly from main tank because of the location of the different clusters of
houses that are far from each other; and to maximize the water volume to serve all the households. The
work on the project started on August 27, 2008 and was completed on September 26, 2008 with no
major problems encountered.

After the completion of the project, the community people said that they feel that there has been a big
improvement in their lives. They are very satisfied that they now have abundant supply of water. Water
is now enough to supply the needs of the community the whole year round, 24 hours each day. Since
the project was completed, they have not experienced scarcity of water. All 67 households have access
to the water, which is safe to drink even without boiling, because the water source was tapped from a
spring. The water reaches their houses and

this makes it easier for them to wash, cook, bathe, clean, and raise pigs. The women now have more
free time to work in the fields and gardens, to pound rice, to do housework, and to care for the children.
Their dirty dishes and clothes are no longer accumulated, but are washed regularly right beside their
homes. The incidence of diseases like diarrhea and scabies has also decreased. They are able to bathe
even at night after coming home from the fields, because they no longer have to walk a long distance to
the water source. The children have more free time and are no longer often late for school as the water
for bathing is just nearby.

In the maintenance of the water system, the people’s organization BADAFO is the one responsible for
making sure that the water system is in good conditions. The 67 member households are divided into
four groups for the maintenance of the waterworks. Every month, one group is responsible to check the
system, do necessary repairs, and clean the area from the water tank down to the pipes and faucets.
The four groups take turn in doing the maintenance work.

Aside from this, the BADAFO has collected a small amount from the members: a membership fee of
P10.00 per household and a yearly fee of P5.00 per household. This amount is being collected by the
treasurer of the organization and they have now collected P4,000.00 (approx. US$100). The amount
reached P7,000.00 earlier so they decided to use P3,000.00 to buy a pipe threader and pipe wrench for
the maintenance of the project. The money is also being used for any expenses for the repair of the
water system.

Another policy is to collect fines from those who damage the water system. Only those 15 years old and
above may be fined. The organization is very strict in imposing the fine. So far, two people have been
fined, adding to the money of the organization. The money they have collected may also be lent out
without interest to members who have an emergency need such as sickness, death, hospitalization, and
emergency trips to visit a sick relative. A maximum of P1,500.00 may be borrowed for up to three
months only, after which it must be paid. They identify a collateral that will be taken in case the person
is unable to pay back on time. Or else, an officer of BADAFO can sign as a guarantor of the loan. They
have, however, not yet experienced a case when the person who borrowed did not pay back his loan.
On the whole, the project implementation and maintenance was deemed successful. The community
praised CorDisRDS for listening to the community and for helping out in the work of implementing the
project. In exchange, CorDisRDS encouraged the community to always maintain and take care of the
water system because it belongs to the community. The community also says that they are able to
implement and maintain the project without continued outside support.

Training on Herbal Medicine, Leadership and Human Rights. The training on herbal medicine was
considered very useful for the community, especially by the women. They were able to learn how to
make herbal medicines such as garlic; ginger and chili mixed with gin to be used as an ointment for
arthritis, wounds and cough; ginger tea for cough and sore throat; dangla leaves as an antiseptic and for
bathing when you have fever; and other herbal preparations, which they did not know of before. They
are now applying what they learned and using the herbal medicines when these are needed. This has
had the effect of lessening their expenses for buying medicines.

The Human Rights Orientation was conducted jointly with APIT-Montañosa. During the orientation, they
discussed what human rights are, learned how to identify the different forms of human rights violations,
and learned skills in documentation of human rights violations. Women also learned about women’s
rights. Now, the women feel empowered because they feel they can be equal with men and also do the
work that men do, while their husbands also help them in the housework and child care.

The Leadership Training Seminar taught them collective management of the organization, how to
facilitate meetings, how to take minutes of meetings, and make resolutions and other documents. They
found this training very useful, especially for the chairman of the organization, since he now knows
better how to run the organization. Before, it was mainly the elders who were depended upon to lead
the community. Now new leaders have emerged. The barangay secretary also found the training useful
because it helped her do her work well in the barangay, like recording minutes of meetings and
preparing barangay resolutions.

After the training, the leaders of BADAFO improved their leadership style and methods. Everybody does
his/her duties and cannot refuse to do a task, because they were oriented on their tasks before they
accepted to become officers of the organization. They have also improved their system of cooperation
even when working in the rice fields. For instance, they do the traditional cooperative exchange labor by
groups instead of all together at one time, which is more efficient. They also bring their own rice to eat
when working in the fields of another farmer, so that the landowner will not have problems in feeding
the workers. Because of the good cooperation within the organization, other communities have become
impressed with BADAFO and want to follow their system of cooperation.
On Modernization and Development

Many IPs criticize the ‘modernization theory’ and ‘development model’

 Inherently discriminatory against the IPs – indigenous philosophies and value systems were seen
as obstacles to development and modernization

 After WWII, development was equated with economic growth.

Developing Countries

 Before 1980s: strong governmental role

 Later years: economists wielded greater influence

1990 – Working Group of Governmental Experts:

Obstacles to realization of human rights:

1.concentration of economic and political power in most industrialized countries;

2. non-democratic decision-making processes of international economic, financial and trade institutions;

3. structural inequalities in international relations between countries;

4. existing trade and financial arrangements dictated by a small number of countries for their own
benefit;

5. international development strategies which have been oriented merely towards economic
growth and financial considerations at the expense of human rights.

So?

 Reports are NOT used to design necessary next steps to address the problems

 IP territories: large-scale deforestation, massive extraction of oil, gas and minerals, and huge

infrastructure construction like mega-hydroelectric dams

 “development”: forcible displacement and militarization, destroyed ecosystems, denigrated

cultures and identities, and violated collective and individual rights Philippine IPs?

 Development aggression - refer to the way human rights are violated by the State in the
development process

 1970s: successful resistance against the Chico River

Hydroelectric Dam Project

 funded by the World Bank

 four big dams

 would have displaced around 300,000 Kalinga and Bontoc peoples

PH Government and World Bank: “the project was for national development and that the minority had
to sacrifice for the good of the greater number” Successful protest of the Igorot peoples +

Indigenous peoples in Brazil against similarly

World Bank-funded projects

World Bank's Operational Manual Statement on Tribal Peoples - first time a multilateral development
bank developed a manual to govern its projects involving indigenous peoples

UNDRIP, ECONOMIC DEVELOPMENT, AND THE INDIGENOUS PEOPLES’

SOCIO-ECONOMIC-POLITICAL RIGHTS

• IPs where governments have enacted law recognizing IP rights:

1. raising public awareness on IP rights

2. organizing the IPs

3. monitoring and evaluating the implementation of relevant laws and international agreements

• Before UNDRIP:

First Development Decade (1960-1970) – to ensure a balance between economic and social
development: one percent of developed countries' incomes should go to underdeveloped nations in the
form of international aid and financial assistance; lowered to 0.7 percent in subsequent decades;
massive infrastructures like highways and mega-hydroelectric dams were built in indigenous territories
in Latin America, Asia and Africa

• Before UNDRIP:

1979: Commission on Human Rights report on the international aspects of the right to development –
realization of the potentialities of the human person; respect for human rights is fundamental; the
opportunity for full participation; the principles of equality and non-discrimination

• Before UNDRIP:

 1982: UN Working Group on Indigenous Populations – to review developments concerning

indigenous peoples and to develop international

standards on indigenous peoples' rights

 1993 World Conference on Human Rights in Vienna – indigenous peoples succeeded in pushing
a recommendation for the establishment of the UN

Permanent Forum on Indigenous Peoples

• Before UNDRIP:
1997: Committee on the Elimination of Racial Discrimination – recognize and respect indigenous
distinct culture, history, language and way of life as an enrichment of the State's cultural identity and to
promote its preservation

Early engagements of indigenous peoples with the international community

Tauli-Corpuz, V., Enkiwe-Abayao, L., & de Chavez, R. (Eds.). (2010). Towards an alternative development
paradigm: Indigenous people’s self-determined development. Baguio City:

Tebteba Foundation

• As early as 1923, Chief Deskakeh (speaker of Iroquois Confederacy Council) tried to connect with
the League of Nations to address their dispute with Canada.

• 1925, a Maori leader against the government of New Zealand for its violations against the
Waitangi Treaty. Still to the League.

• Blue water thesis: only colonies overseas can be subjected to decolonization procedures, the
indigenous peoples in independent countries were considered outside of it, despite their being victims
of colonization

• In order to be eligible for decolonization, the presence of "blue water" between the colony and
the colonizing country—or, at minimum, a geographically discrete set of boundaries—was needed.

• International Labor Organization (ILO) : predated the UN; the first multilateral body to look at
the situation of indigenous peoples.

• In 1921, it carried out studies about indigenous workers: how indigenous peoples were victims
of forced recruitment and forced labor, and slavelike labor practices.

• This led to the establishment of its Committee of Experts on Native Labour in 1926

• Convention No. 107 Concerning the

Protection and Integration of Indigenous and

Other Tribal and Semi-Tribal Populations in

Independent Countries

 the approach it took was paternalistic and assimilationist

 solution to the indigenous problematique was to integrate IPs into the dominant society and
within the dominant development model

• Criticism: Assimilation or integration is the logical consequence of a development paradigm which

does not respect cultural diversity.