Bicol University

COLLEGE OF ENGINEERING
DEPARTMENT OF CIVIL ENGINEERING
Legazpi City, Albay

GEC 22.5: PHILIPPINE INDIGENOUS COMMUNITIES

1st Semester, School Year 2023-2024
PROJECT 4: ARTICLE ANALYSIS ON THE APPLICATION OF IPRA

Zyan Grace V. Bartolata BSCE - 2D

Airyl B. Despabiladeras

FACTS: The case primarily concerns the continuous infringement of human rights faced by
indigenous peoples in the Philippines, including extrajudicial killings, militarization of their
ancestral domains, and the infraction of their collective rights to land and resources. The
involved parties include the following: indigenous communities; various indigenous rights
organizations such as the Indigenous Peoples Rights Monitor, which is responsible for data
collection, Kalipunan ng mga Katutubong Mamayan ng Pilipinas, Cordillera Human Rights
Alliance, among others; the Philippine government, which is a signatory to UN Human Rights
instruments; military forces who used the lands of IP’s to conduct war games and weapons
testing and has established recruitment quotas that have led to the forced recruitment of
indigenous peoples into paramilitary groups; and corporations engaging in extractive industries.

ISSUES: The violations against Indigenous peoples' rights stem from various sources. They're
being infringed upon by the state's policies that contradict the Indigenous Peoples Rights Act
(IPRA), which was enacted to recognize and protect the rights of Indigenous peoples.
Specifically, laws like the Mining Act of 1995, the National Integrated Protected Area Systems
(NIPAS), and the Forestry Code have been highlighted as violating the collective rights of
indigenous peoples to their ancestral lands and resources. The Indigenous Peoples Rights
Monitor (IPR Monitor) has recorded 120 unlawful killings of indigenous individuals. Those
particularly at risk include NGO employees, local government officials, church workers, and
indigenous leaders due to their political views or opposition to government initiatives.
Indigenous communities also often face harassment due to suspected ties with the New
People’s Army, a communist insurgent group. From the year 2003 - 2006, four hunters were
killed by the military in the Cordillera Region under suspicion of being rebel soldiers. In addition
to this, the Philippine government has designated over five million hectares of ancestral land for
mineral extraction by local and multinational mining corporations under the Mining Act of 1995
despite widespread resistance from indigenous communities. The transformation of ancestral
land into agri-businesses and other crops is now posing a direct threat to the food security of
indigenous peoples and undermining their traditional resource management and conservation
systems.

RULING: The proposed resolution calls for the Philippine government to recognize reports from
UN Special Rapporteurs, reassess laws that violate indigenous peoples’ rights, establish
independent bodies to supervise Free, Prior, and Informed Consent (FPIC) processes, engage in
dialogues with indigenous leaders and victims’ families, and create mechanisms for redress and
accountability for those involved in violating indigenous rights. The resolution is based on
documented evidence of human rights violations against indigenous peoples in the Philippines,
as reported by various organizations like the Indigenous Peoples Rights Monitor and
corroborated by UN Special Rapporteurs.

REFLECTION: This case underscores significant and persistent human rights violations against
indigenous communities in the Philippines, including instances of killings, militarization, and
land exploitation. These transgressions highlight a profound disregard for the fundamental
rights of these communities which are encompassed by the Republic Act No. 8371 or The
Indigenous Peoples' Rights Act of 1997 (IPRA). However, efforts to rectify these injustices are
hampered by conflicting interests between indigenous rights, corporate ambitions, and
governmental policies. The absence of accountability and the government's lackluster response
to these concerns pose significant obstacles to implementing proposed solutions, emphasizing
the urgent need for international intervention to protect indigenous rights.