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Population: estimated 17% of the current population, based on the report released by the Office of Northern Cultural Communities (ONCC) and Office of Southern Cultural Communities (OSCC) in 1996. Since then no census has been conducted to determine the current population of IPs.
Ethnographic regions:
CAR and Region 1
Region II
Region III and rest of Luzon
Island Group and rest of Visayas
Western and Northern Mindanao
Southern and Eastern Mindanao
Groups: 110 ethnolinguistic groups, take note, this is not the same as to say there are 110 indigenous peoples groups in the country. ‘Ethnolinguistic’ is a classification based on language, therefore, the major languages, Tagalog, Cebuano, Kapampangan, etc., are included in this definition.
In general, the lack of disaggregated data makes it difficult to make statistical conclusions on matters concerning IPs.
Breakdown:
CAR – 10.68%
Region 1 – 8.81%
Region II – 8.6%
Region III – 1.9%
Region IV – 6.08%
Region V – 1.57%
Regions VI and VII – 1.65%
Region IX – 9.64%
Region X – 12.24%
Region XI – 21.53%
Region XII – 7.25%
Region XIII – 7.4
ARMM – 2.66%
Legal Protection
Constitution:
Art. 2, Sec. 11 – The State values the dignity of every human person and guarantees full respect for human rights.
Art. 2, Sec. 22 – The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Art. XII, sec. 5 – The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.
Art. XIV , Sec. 17 The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.
Legislations:
Republic Act 8371 – Indigenous Peoples Rights Act, 1997 – four bundles of rights, i.e., (a) Rights to Ancestral Domains; (b) Rights to self-governance and empowerment; (c) social justice and human rights; and, (d) cultural identity.
P.D. 1350- A DECLARING VIOLATIONS OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION TO BE UNLAWFUL AND PROVIDING PENALTIES THEREFOR (1978)
International Law
Convention on the Elimination of All Forms of Racial Discrimination (January 4, 1969)
United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
Territories: Approximately 20%, 6 million hectares of the total 30 million hectares area of the country
Institutions
National Commission on Indigenous Peoples
Region 1 & CAR – Francisca Bistoyong-Rosquita (niece of husband of former NCIP ED Rose Bistoyong)
Region 2 – Langley Segundo (retained)
Region 3 & Rest of Luzon – Amelia Apang
Island Group – Noel Felongco (retained)
Northern & Western Mindanao – Miguel Apostol (retained)
Central Mindanao – Ronald Adamat (may refuse if he is not made chair)
Southern & Eastern Mindanao – Roque Agton (Chair)
CADT Status (as of Dec. 31, 2009)
Total Area of Approved CADTs and CALTs = 3,554,971.6467 hectares
Total Area of Registered CADTs and CALTs = 728,011.1001 hectares
Total Area of CADTs and CALTs on Process for Registration 2,826,960.5466 hectares
Summary of Issued Certificate of Compliance to the FPIC Process
RegionAs of October 2009No. of Projects in Mining
CAR287
Region 1126
Region 262
Region 3249
Region 43426
Region 5 115
Region 6/ Region 763
Region 8??
Region 964
Region 10247
Region 113016
Region 122214
Region 133129
Total234128
54.7% of total CP
Militarization – Oplan Bantay Laya (National Internal Security Plan) – Indigenous Peoples – Task Force Gantangan-Bagani Force
Investment Defense Forces – Use of CAFGUs/SCAAs: ALAMARA, Alsa Masa-Lumad Movement, Bungkatol Liberation Force (BULIF), Wild Dogs, Bagani Force, Salakawan Force, all in Mindanao and the Cordillera Peoples Liberation Army (CPLA) in the Cordillera RegionLand Conflicts – Overlapping tenurial instruments – Overlapping extractive industry permits (mining, plantations, forestry, dams, etc.) – Conflicting laws or harmonization of laws in favour of extractive industries, for ex., the FPIC 2006 Guidelines were streamlined to allow a faster issuance of mining permits – sixty-three so-called priority mining projects all over the country are in different stages of operations, and 38 of these are located in indigenous peoples’ ancestral territories
Weak institutions0 – no independence of NCIP – conflicting jurisdiction on issues of land, resources and other controversies – transferred in various departments through Executive issuances:
o EO 364 – OP to DAR (Sept. 27, 2004)
o EO 726 – DAR to DENR (May 23, 2008)
o EO 746 – DENR temporarily to OP (August 11, 2008)
o Currently, with DENR
Access to Justice – In 2008 it reported that, in the span of six (6) years, from 2002-2008, there have been 295 cases filed with its Regional Hearing Officers (RHO). Of these cases, only fourteen have been decided. All of the fourteen cases were decided in 2002, with no decisions being rendered from 2003 to 2008. Except for the sixteen (16) cases disposed in 2003, no other cases have been disposed by the NCIP. Thirty-eight (38) cases have been filed before the Commission en banc in the same period and only seven (7) decisions have been rendered. – Administrative Circular No 1 Series 2003 (AC No 1 of 2003) entitled: Rules on Pleadings, Practice and Procedure require formal documents for the complaint to be considered by the NCIP as such. –
Violation of the Right to Self-determination – Disrespect or non-recognition of traditional/customary processes – Spurious FPIC through different machinations – Use of royalties and CADT and ADSDPP processing particularly in mining to secure FPIC