‘Genuine’ law to help IPs protect their ancestral land needed

A recent study showed the many problems and issues associated with the ancestral land of the indigenous people (IP). Some of these are Philippine laws, declarations, and administrative orders that conflict with the IPs’ needs and practices. The recognition and protection of indigenous peoples’ rights are one of the struggles that have been carried out avidly for countless years today.

As the struggle continues, our government should uphold the rights of indigenous peoples by crafting a policy for the full recognition and inclusion of IPs in the national and local agenda. Instead of blocking them for many years, national policies that protect and uphold their rights should be consistent and strengthened.

The policy brief, “The Struggle Continues: Uphold the Rights of Indigenous Peoples,” published by Konrad Adenauer Stiftung in 2011, stated: “In the Philippines, the passage of the Indigenous Peoples’ Rights Act (Ipra) on October 29, 1997, caused similar jubilation that reverberated even from the farthest outskirts of the Philippine society, home to approximately 14 to 15 million indigenous peoples sub-divided further into 110 ethnolinguistic groups. The common understanding then was finally a national law to protect and uphold the rights of the indigenous peoples has come at last.”

Ipra enabled the establishment of the National Commission on Indigenous Peoples (NCIP), which under the law is mandated to “protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions, and institutions.”

However, on at least one occasion, the NCIP has disregarded an IP protest and played loud music instead. NCIP’s action and use of IP’s instrument to distract the protest were not welcoming, and led to questioning Ipra’s implementation: Is the law even effective? IPs themselves have demanded the abolition of Ipra as it does not provide protection against unlawful procedures.

The IPs need good governance and legitimate laws that will ensure their hold on ancestral lands and domains, not those that offer false hope only. Among the bills filed to protect IPs and rights to their lands is House Bill No. 639 or the proposed Indigenous Peoples and Local Communities Conserved Areas Act. Among others, the bill aims to strengthen IPs by recognizing their contribution to biodiversity conservation and establishing the national indigenous community conserved areas registry. The Tagbanuas’ ancestral territory in Palawan is an example of such an area, and they honor its importance to them by only using traditional fishing methods.

Now, more than ever, the government must recognize the role of indigenous communities as partners in the conservation of protected areas. Aside from abolishing Ipra, the immediate passing of genuine laws protecting their ancestral lands should be prioritized. We should not let foreign capitalists and dominant powers exploit their resources. Let’s listen to them and give IPs the chance to speak for themselves.

Abdul Hafiz T. Malawani, Mindanao State University Marawi