Law’s existence no assurance that rule of law will prevail

This refers to the articles titled “Ati Leader in Boracay gunned down” (Inquirer, 2/24/13) and “Dexter Condez: A voice of courage for Ati folk” (Inquirer, 3/2/13).

We mourn the death of a great Ati youth leader. Dexter’s violent death demonstrates how the rights of indigenous peoples continue to be violated even after they have secured a legal title to what they have owned and occupied since time immemorial. This shows how the rule of law is very different from the existence of law. In this case, the Indigenous Peoples Rights Act (Republic Act 8371 or Ipra) upholds and protects the aspirations of indigenous peoples and their rights to their ancestral domain, but there are those who do not want the rule of law to prevail.

During my tenure as chair of the National Commission on Indigenous Peoples (NCIP) from 2007 to 2010, we worked closely with Dexter and his tribe for the delineation and titling of the ancestral domain of the Atis of Boracay and, as the Feb. 24 news article explained, the Certificate of Ancestral Domain Title was eventually awarded in 2011. In the process, we faced resistance from multimillionaires who supposedly owned the lands but did not even live in Boracay. We had to get surveyors from Manila to ensure that delineation work would be done accurately and in the right way and without interruption.  We could not tap local surveyors because they were uncooperative.  We had to seek the help of the Philippine National Police regional command to ensure the safety of the Manila surveyors.

We faced the same challenges when we undertook the delineation and titling of the ancestral domain of the Tagbanuas on Calauit Island.  The work of delineating and titling ancestral domains/lands is far from complete and it will continue unimpeded if there is genuine respect for the rights of IPs.

In behalf of the Agapay ng Indigenous Peoples Rights Alliance (A-Ipra) Partylist, we call on the national government to ensure peaceful recognition of the ancestral domains of indigenous peoples by the private sector.  The Ipra provides the legal guarantees, but only we as a people can actualize and realize those guarantees in the spirit of national unity amid cultural diversity. Thus, the IPs’ struggle for genuine recognition of their ancestral lands continues!

—EUGENIO A. INSIGNE, MNSA,

former chair, NCIP (2007-2010)

former member, United Nations Permanent Forum on Indigenous Issues (2008-2010)

No. 1 nominee of A-Ipra Partylist,

[email protected]