ON AUGUST 9, 2020 we celebrated the National Indigenous Peoples Day with the theme, “The Role of Indigenous Women in the Preservation and Transmission of Traditional Knowledge.” This was also celebrated internationally.
Worldwide there are almost 400 million IPs. They only compose more or less 5% of the global population and are more likely to be poor. In the Philippines, we care about them by recognizing their rights and protecting them.
The 1987 Philippine Constitution expressly provides under Section 22, Article II that “the State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.”
This provision reminds us that our Constitution includes the IPs in the development process and national unity of our country in order for them to live safer and comfortable.
Additionally, Republic Act (RA) No. 8371, otherwise known as “The Indigenous Peoples Rights of 1997”, provides for the rights of the IPs. These rights are ancestral domains and lands, self-governance and empowerment, and social justice and human rights. The last one covers equal protection and non-discrimination of IPs, rights during armed conflict, freedom from discrimination and equal opportunity, unlawful acts pertaining to employment, basic services, and cultural integrity.
The law helps the IPs identify and protect their entitlements as the owners of their ancestral lands. The concept of ownership in this case is to generally hold their ancestral domains as private but the community property belongs to all generations and therefore cannot be sold, disposed or destroyed. It covers sustainable traditional resource rights.
Under the law, IPs have the inherent right to self-governance and self-determination. The law respects the integrity of their values, practices and institutions. Thus, they can freely pursue their economic, social, and cultural development.
Because they are still part of the citizenry, they should enjoy the fundamental rights and freedoms under the Constitution and other international law.
One of the most important things under cultural integrity is the recognition of cultural diversity of the IPs. This includes their cultures, traditions, histories, and aspirations. These should be reflected in education, public information, and cultural educational exchange.
To fully protect the IPs, the law created the National Commission on Indigenous Cultural Communities / Indigenous Peoples (NCIP) to carry out the policies of RA No. 8371. This is the primary government agency for the formulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the IPs and the recognition of the ancestral domains and their rights.
Hopefully, we could contribute to various initiatives in creating and recognizing their voices and aspirations./PN
