LECTURE THREE: A CULTURAL PERSPECTIVE
—
Indigenous Socio-Political Institut if
: lutions and Concepts of Territory,
Identity, and Land Resources in the Cordillera
June Prill-Brett, Ph.D.
Professor of Anu
University of the Philippines Baguio
Regional autonomy is supposed to provide Cordillerans with a political framework for
ing their right to selfdetermination, The framework, however, has to be firmly founded
on a thorough understanding of the ecological and socio-cultural context within which the right
's to be exercised, and this context can best be understood by examining indigenous socio-
political institutions and concepts of territory and resource control.
We take the view that Cordillera cultures are dynamic systems which react and adapt to
changing socio-cultural, economic, political, and environmental conditions through the
development of survival strategies over time, We aim to help you understand the points of
institutional change and to identify where the strengthening or transformation of indigenous
political structures and processes are necessary.
exercisi
‘This article fin ppd Cat of Ae ty a Paleo ,
f i
Cay iwough the ance rite Friedich Eber Stiftung (FES), Pasig, Metro Manila on October 1994,
pp: 19-29,
. 30
OBJECTIVES:
At the end of the lecture, you should be able to:
nt villages, the conce,
1. Identify the relationship between the establishment of See ee pt
of territory and the indigenous concept of citizenship among ‘
te
Identify the similarities and differences among indigenous ai e political leadership
and institutions of intervillage diplomacy among Cordillera groups;
Distinguish the different types of land rights among Cordillera communities and their
distinction from the types recognized by national land laws; and
4. Describe the indigenous concept of autonomy.
A. The Establishment of Territory among Cordillera
Communities
It appears that in the early ethnohistory of the Cordillera, there was no precise idea of
territory and land ownership. Land was plentiful then, and populations were small. Small-sized
Communities pioneered in certain areas to make swiddening a permanent economic activity,
Gradually, these communities also developed wet rice agriculture in places where they could tap
‘osnlain springs for inrigation. The development of wet rice agriculture allowed for more
Permanent settlements and a gradual increase in population which, in tum, led to the
Construction of more terraced pond fields (Pill Brett 1988, 14),
The forests surrounding the villages were exploited for household and agricultural
needs. Villagers had free access to forest Products such as timber, fuelwood, rattan, bamboo,
beeswax, medicinal plans, wid fruits, and vegetables.
‘The establishment of permanent villages was associated with the following:
(1) inital efforts to tap mountain springs for ivigation;
(2) the extent to which rice fields, swidden fSardens, and permanent hunting traps had
been constructed; rr
Tetitories were clai a
7 med on the Z
upon generation of continued {unds of prior rights established through generat
‘ccupati oe
beddeng, bugis, ichad, etc.) noe. Indi
'Benous territorial boundari
Wer mated by yy wundaries (termed fedcheng,
Resource competition |
emer |
Sicaiingin i “Bed between communities claiming adjacent tetris. This a
pecially true among the wet rice Cultivators. The competition, involving rights to such |
searoe resourees as arable land and water, usually resuied in armed conflict.
B. The /li and the Indigenous Concept of Citizenship
The largest indigenous political unit was called the iii (literally, village). The ili was and,
toa great extent, still is an autonomous Community. The ili traditionally controls a territory and
exercises decision-making regarding community welfare and the management of resources.
Ili citizenship is established through the following: (1) birth in the community, (2)
marriage, and (3) permanent residence. Members of the community are expected to enjoy
certain rights which come with certain obligations, including cooperation in village welfare
activities and adherence to custom law. Dual citizenship is allowed among some Cordillera
groups (€.g., among the Bontok and the northem Kankanaey), Among these groups, the
individuals have rights of membership in both their natal and affinal villages. Generally, citizens
‘who migrate outside the village are still considered members. The longer they remain outside the
village, however, the weaker are their claims to the resources of their ancestral domain.
result of high population concentration in permanent settlements, and of intensive land
cultivation. Communities which have traditionally been organized into compact settlements,
engaged in intensive land cultivation (especially of imrigated, terraced rice fields), and
experienced increasing scarcity of such resources as arable land and water, appear to have been
responsible for the development of a strong concept of territory or domain and the consequent
ith neighboring communities.
Ot Gumcraumaitn cas ic of such communities as those of the Bontok, oa
Kankanaey, as well as the eastern Benguet communities
ies where wet rice agriculture has been the primary
inga, in particular, have defined further and
|
The concept of territory - the extent of a community's spatial domain - appears to be a |
southem Kalinga, and the northem Fs
(eg., Kabayan). These are also the comm ae xis
means of subsistence. The Bontok and 32
act institution (t
reinforced the concept of territory and jurisdiction through the peace P: (termed
echen among the Bontok and budong among the Kaling) ml puile
ition among neighborin
As stated earlier, conflicts related to resource compet ; ig
e., inter-vllage warfare). Reports of so-called
communities have resulted in armed hostilities (i aes
io ‘ourier
“ital wars” continue to make headlines in local papers (ein the Bag
May and 22 June 1994).
C. Indigenous Political Leadership a
‘The traditional decision-makers among the Ibaloy, Kankanaey, Bontok, and Tinggian
are a council of elders. Among the Iseg of Apayao, decision-making is traditionally a function
of the mengel or kamenglan. The Ifugao monkalon traditionally perform political functions but
exercise no authority, while the Kalinga papangat are traditionally powerful individual leaders.
Among the Ibaloy. The anumnumen or impanama compose the traditional council of
elders known as the tongtong. This council is usually dominated by elders of baknang status (the
status enjoyed by the community's feast-givers). A couneil’s main function is to settle disputes
between persons and families, but councils may also settle cases of conflict between neighboring
communities.
The parties to a conflict being settled do not pay the fongtong councilmen for services
rendered. The said parties are, however, made to shoulder the food and drinks served to the
people gathered during litigation sessions.
Among the Kankanaey. The lallakay ot amam-a are the old men sanctioned as the
decision-makers of the community. These old men constitute the community power elite. Their
functions include directing, restraining, and advising the heads of families, as well as prescribing
the holding of community welfare feasts when necessary. Among the northem Kankanaey,
‘allakay or amam-a affiliated with wards (called dap-ay) also act as political leaders.
Elders who help settle cases (mensapit) are not paid a fee but partake of the sacrificial
animal(s) which the offending partes in these cases are required to provide,
eee ‘The decision makers are also referred to as amam-a. Theit
seniority and the rich experience in lif that they are assumed to have acquired automatic ly
qualify them to sit in the village decision-making body. These old men are affliated with
Particular wards (called ator). However, in the performance of legal duties related to cases 33
imvolving the welfare of the village the
elders do not thei ive wards but act as a
decision-making body for the entire if, Tepresent their respective w:
When they sit as a
: _ Soveming body, the elders are Vested with legislative, judicial, and
executive powers. Outside the decision,
They have i
powers. hey have no power ag 'ndividuals since the Power belongs to the “office”.
The elders do not receive any
‘making body, however, the elders do not carry such
: : fee for rendering legal services for the welfare of the
community, not even when they deal with cases Involving the imposition of fines on offenders.
They do, however, enjoy great prestige,
‘When they are invited to village ceremonial feasts, they
butchered animals,
The individual Tanking of Prestige among elders is based ‘on the reputation of making
“good” (ie. fair and judicious) decisions on cases of conflict.
Among the Tinggian. The Community decision-makers are the Jallakay who settle
areas of conflict within their communities
are given the best portion ofthe meat of
Kankanaey, and Bontok communities,
Among the Kalinga, Unlike the Kankanaey and Bontok amam-a whose status is
aseried, the Kalinga papangr attain their status. Pangat qualifications include wealth; lineage;
family connections with other papangar, personality; Cooperativeness; faimess; oratorical
ability; a record of having settled cases of controversy between kinship groups; above all, a
‘eputation as a “dangerous” man, feared by his own village-mates.
Should the pangat also be a peace pact holder, he is expected to take a share of the
material goods from weregilds (i.e., payment for fines paid in relation to a killing) and from
indemnities collected from among his own people for their offenses against the people of other
territorial units (see Barton 1949).
Papangat select mangiugod or mansakusak, go-betweens whose function is to arrange a
Settlement between kinship groups involved in controversies within a territorial unit. While
‘mediation is in process, a go-between is honor-bound to punish with death or wounding any
inffaction of the peace by either of the parties whose dispute he is mediating.
The go-between must be a mature man of much experience in dealing with other men,
He must be a man of influence, with strong family backing, He should, futher, have been a
Tenowned warrior in the past.
ae
5 35 Wl 5 ae ‘The goherwoen reeves its from al ended partes who receive substantial port
of the total fines paid by offending parties. =
Among the Ifugao. The monkalon, the go-between in criminal nes of mh
but, according to Barton (1919, 73), is an entire ‘court’ in embryonic form, tasked with the
factions of jndge, prosecuting and defending counsel, and Keeper of court records. The
monkalon is responsible to both partis in a transaction for the correct rendering of tenders,
offers, and payments, He must be impartial to both parties.
“The monkalon's power lies in his skills of persuasion, tact, and ability to play on human
‘emotions. He is paid a fee for his services. Should either of the parties to a conflict attack the
‘other during a period of truce, it is the go-between’s responsibility to wound or kill the offender.
The attack is taken as an offense against the go-between himself, but the punishment i
sanctioned by the public.
Among the Isneg. The traditional leaders of the community are the kamenglan who are
the settlers of disputes. The status of the kamenglan, like that of the Kalinga papangar, is
achieved rather than ascribed.
The rights of the mengel, according to Madale (1973, 223-224), are largely ceremonial.
What makes the mengel different from the Kalinga and Ifugao political functionaries is that he
does not necessarily get paid. In fact, the menge! might have to use his property in the settlement
of disputes and in giving feasts. Menge! are not given any special privileges; they oaly enjoy
Besides settling disputes, the responsibilities of the kamenglan include leading
‘beadhunting expeditions and secing to the defense of the community against headtakers from
ther enemy-communities; maintaining peace and order, settling disputes among community
members; ining the youth for warfare; mainsining blanc inthe economy.
Political Alliances
/ Cooperation between two armed groups against a common enemy has been a ws
Practice among the indigenous communitics of the Cordillera, Alliances, however, are
traditionally of rif duration. The common practice is for wartiors from two villages who bav® 35
D. The oe of Intervillage Diplomacy
Bontok pechen and the yr
i! Tingguian bucong, of peace pact
ystems, appear to have evolved ; and Tinggu 1B
; Joped specifically for Ot independently ofeach other. The peace pact institution was
fees a a Political functions extemal 10 the village, in the course of social
it ages, ;,
pel dal SESS: The peace pact’s main objective was, and still i, to end hostile
retionships and establish peace betveen 5 + . ,
The Bontok ator is not a Kinship group, itis an indigenous corporate group which acts,
1975, 19876). It owns a common fund, used for
the benefit of its members, and holds common property. It can sue individuals, groups, and other
abilities. Because the afor operates
economic, and religious), the afor can be
toalange extent, as a legal entity (see Prill-Brett
communities, and it can, likewise, be sued for its members I
on the basis of membership obligations (pois,
tasked with the guardianship of peace pacts,
Each Bontok village has several ator, Each ator is res,
ponsible to the entire village for
whatever peace pact it holds in guardianship,
Each afor member is obliged to contribute tothe expenses incurred in feasts related to
the peace pact that the aor holds, This makes personal wealth, a qualification that is exceedingly
important for the holding of peace pacts by individual | Papangat among the Kalinga, somewhat
imelevant among the Bontok.
For the maintenance of a pact, the Kalinga budong holder requires the support of a large
kin group. The Bontok pechen holder, which is the afor, does not have the same need because it
's the duty of all the members of the ator to police the pact and to carry out, upon the ator elders’
instigation and under their supervision, certain activities which a Kalinga budong holder's kin
S7oup would be responsible for.
Through the guardianship of peace pacts by several afor, the Bontok have developed an
indigenous system which decentralizes political responsibilities not only in terms of the intemal
functioning of the village but also in terms of external (i., inte-villge) relations.
The peace pact institution probably developed alongside the concept of tecrtocl: Fahis
The said concept may have evolved in connection with the delineation and incorporation of 36
ity were defined and agreed
‘bili
ar tract, as zones of safety and respons!
territory in the peace con! wurce control and land ownership
upon by the parties to the contract. The related concepts of reso
will be discussed in the next section.
At this point, it may be worth noting that due ©
political institutions, as developed by Corillera communities in e
and to one another, are now undergoing changes: ‘Among these factors 1S introduction of
formal education, the Christian religion, a cash economy, ,
employment, shifts fom subsistence farming to commercial, cash-crop agriculture, engagement
omic activities. The degree to which communities have engaged in
ences, has determined the degree
several influential factors, traditional
response to their environment
migration into urban areas, overseas
in other non-traditional econ
any orall ofthe above, or experienced the impact of these influ
and rate at which institutional change has been taking place.
E. Land Classifications and Land Tenure
‘Among the indigenous communities of the Cordillera, there are generally three types of
land rights falling under two broad classifications of property regimes (see Prill-Brett 1985,
1991). These are (1) a common property regime with (a) communal land rights and (b)
indigenous corporate land rights; and (2) an individual property regime with individual land
rights.
Whether the rights exercised are individual, corporate, or communal, the land over
which the rights pertain is perceived by indigenous communities as private property. The land is
therefore, not perceived to be part of the public domain
1. Communal rights
‘All the citizens of a community occupying a defined territory exercise communal land
rights to such resources within the territory which have not been claimed by specific individuals
or corporate groups within the community. These are usually forests where no permanent
improvements have been made, The members of the community have equal rights to the
exploitation of the forest for swidden gardening or for gathering lumber, for fuelwood, and other
forests products, whether flora or fauna. Alienation to non-citizens of land held in common by
village citizens is not sanctioned. Exploitation of natural resources by non-villagers is not
allowed without the consent of the villagers. 7
1 Indigenous corporate rights
descent group,
eee family. oF ward (aor or dap) (se Prill-Brett 1987a and 1991 for
deails on COPOTSIE EFOUPS) may exercise indigenous corporate rights to land. Land held in
common by the members of an indigenous comorte group is referred to as fayan among the
Bontok and saad among the northem Kankanaey, Corporate land may include areas that
were once swidden land but had been reforested by a particular individual or family. In some
cases, the land may have originally been communal forest cleared by a founding ancestor or
ancestress who then constructed permanent improvements, such as stonewalls, or installed stone
monuments to mark the boundaries. Continuous occupation by descendants of the founder
legitimizes the descent group's claim of prior rights to the land, Al the members of the descent
group inhert the land intact (j.c., without subdivision), and all hold it in common, All the
members of the descent group enjoy rights to the utilization of the land. No individual among
them may alienate any portion of it.
It is possible for a corporate group to “sell” the land to one of its members. This,
however, is sanctioned only during emergency situations, During such a situation, any individual
in the group may acquire the land in exchange for fulfilling the group's emergency need (€.¢-.
for sacrificial animals, for cash). Ownership rights to the land are transferred to this individual.
The transfer results in the dissolution of the corporate group, since the subject of the members”
joint undertakings (i.e., the land they used to hold in common) has become individual property.
3. Individual rights
Lands devolved to individuals are held on the basis of individual property rights. Such
lands usually consist of irrigated rice terraces, permanent swidden gardens, hillside tree lots or
orchards, and residential lots.
Irrigated rice terraces are generally perceived by Cordillera groups as the most valuable
type of land because considerable technical knowledge, labor, and material are involved in their
Construction. In addition to terracing and the building of retaining walls, irrigation canals are
constructed to divert water from mountain springs, brooks, or rivers toward the rice fields.
Rice fields are almost always inherited by individuals. They are usually given to the
firstbom upon his or her marriage. The first born usually gets the lion's share of parental land
holdings, This birthright comes with a bundle of rights and responsibilities related to the
‘management of property.
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