COMMUNITY PERSPECTIVE ON FPIC:

PHILIPPINE EXPERIENCE

Edwin A. GariguezExecutive Secretary

National Secretariat for Social Action – Justice and Peace (NASSA-JP) of the Catholic Bishops’ Conference of the Philippines (CBCP)

-12 to 20 million of the

88.6 million population

-61% are in Mindanao,

33% are in Luzon, and

6% scattered in the

Visayas

IP’s in the

Philippines

• Recognizes the rights of ownership of IP communities over their ancestral lands/domains;

• Follows the principle of “Self-Delineation” in the ID of ancestral domains;

• Respects the traditional Resource Management Practices of the IP communities;

• Defines for a process of recovery of lost ancestral domains.

• Institutionalizes the role of NGOs in the delineation process.

Indigenous Peoples Rights Act of 1997

UNITED NATIONS DECLATION ON THE RIGHTS OF THE IP:

7 out of 46 Operational Articles of the UNDRIP refer to FPIIC

(Articles 11, 26, 27, 28, 29, 30, 32)

INTERNATIONAL HUMAN RIGHTS LAW:

• International Covenants on Civil and Political Rights

and on Economic, Social and Cultural Rights

• CERD

• ILO’s Convention 107 and 169 on Tribal & Ips

• African Charter on Human and Peoples’ Rights

• American Convention on Human Rights

• UNESCO Declaration on Race and Race Prejudice

IP RIGHTS TO SELF-DETERMINATION

Indigenous Peoples RightsMining and Indigenous Peoples

Land targeted for Mining: 30% of landmass

18 out 23 of Governments original

priority projects on IP lands

Profound Spiritual link with land

Subsistence livelihoods

The DENR has already identified around 9 million

hectares or 30% of the Philippine territory

believed to be of high potential for mineral

deposits.

Of the said area, a big part of it is already

covered with existing mining rights and

applications. And large portion of these areas

form part of the protected areas and ancestral

domains of the indigenous peoples

(Haribon Policy Paper 2005).

Sec. 16. Right to Participate in Decision -Making.- ICCs/IPs have the

right to participate fully, if they so choose, at all levels of decision-

making in matters which may affect their rights, lives and destinies

through procedures determined by them as well as to maintain and

develop their own indigenous political structures.

Sec. 17. Right to Determine and Decide Priorities for Development.-

The ICCs/IPs shall have the right to determine and decide their own

priorities for development affecting their lives, beliefs, institutions,

spiritual well-being, and the lands they own, occupy or use. They

shall participate in the formulation, implementation and evaluation

of policies, plans and programs for national, regional and local

development which may directly affect them.

Sec. 57. Natural Resources within Ancestral Domains. - The

ICCs/IPs shall have the priority rights in the harvesting,

extraction, development or exploitation of any natural

resources within the ancestral domains.

A non-member of the ICCs/IPs concerned may be allowed to

take part in the development and utilization of the natural

resources for a period of not exceeding twenty-five (25) years

renewable for not more than twenty-five (25) years:

Provided, That a formal and written agreement is

entered into with the ICCs/IPs concerned or that

the community, pursuant to its own decision

making process, has agreed to allow such operation:

Provided, finally, That the all extractions shall be

used to facilitate the development and

improvement of the ancestral domains.

Sec. 7. Rights to Ancestral Domains.- The rights of

ownership and possession of ICCs/IPs t their

ancestral domains shall be recognized and

protected. Such rights shall include:

Rights of Ownership

Right to Develop Lands and Natural Resources

Right to Stay in the Territories

Right to Regulate Entry of Migrants

Right to Safe and Clean Air and Water

FREE, PRIOR & INFORMED CONSENT

Free

Prior

Informed

Consent

Consent

or Rejection

based on

consensus

of all

community

members.

Free

from manipulation &

coercion

Prior to

operations

commencing

Informed

adequately of positive &

potential negative

impacts

• IPRA enacted in 1997 requires that no

mining permits can be issued without the

FPIC of indigenous peoples impacted