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Indigenous Tribes See Unity in Diversity

After several years of struggle, indigenous peoples are divided whether to uphold or call for the repeal of a law that was enacted five years ago. Some groups would want to keep the law, no matter how token it is, while others see it as a ploy to divide ethnic communities and hence, remove what is otherwise a thorny issue. Despite diverse views, many indigenous leaders still believe they can still work out a unified stand.

By Elmer D. Sagbigsal

Bulatlat.com

OZAMIZ CITY- Uphold or repeal the law. This is the opposing stand of groups of tribesmen on Indigenous Peoples Rights Acts (IPRA) during the National Indigenous Peoples Workshop on IPRA and Development held in Cagayan de Oro City last week.

One group conference delegates argued that despite its flaws, IPRA is the first and only comprehensive law that recognizes the rights of indigenous peoples in the Philippines. But the failure of the Act in protecting indigenous peoples’ rights and welfare after four years of effectivity is the reason why other groups want the law repealed.

Enacted in October 1997, IPRA is considered by some non-government organizations (NGOs) as a landmark legislation. After all, they believed, the Act would finally answer the clamor of indigenous peoples for the recognition of their rights over their ancestral lands.

South Palawan representatives saw light at the end of the tunnel with IPRA. "Ito’y ating munting gamit sa legal na pakikibaka sa pag-angkin ng lupang ninuno" (This is a legal weapon in our struggle for ancestral land), one of them said. He added that through IPRA their tribe acquired strength and confidence in asserting their rights against the incursion of government projects in their ancestral lands.

Participants from the Association Ng Tribong Sibuyan Mangyan Tagabukid of Romblon, on the other hand, said that with IPRA their organization was able to acquire a photocopy Certificate of Ancestral Domain Title (CADT) covering 7,905 hectares. They admitted though that more than a year has passed and they have yet to receive a copy of land title from the register of deeds.

But members of Kalipunann Ng Mamamayang Katutubo sa Pilipinas (KAMP) said that IPRA is toothless since government agencies like Department of Environment and Natural Resources (DENR), Department of Agrarian Reform (DAR) and local government units (LGUs) continue to respect the culture and socio-political systems of indigenous peoples. Instead, the law has pushed them into grave poverty and more hardship, they said.

KAMP added that IPRA has sown disunity among the indigenous peoples as even communally-owned lands are subjected to CADT/CALT (Certificate of Land Title) applications, hastening privatization of ancestral lands. This was affirmed by members of Salabukan No`k G`taw Subanen (SGS) of Western Mindanao saying that the appointment of new leaders to the National Commission on Indigenous Peoples (NCIP) has created conflicts and divisions among the people in the community.

Instead of recognizing ancestral land rights, IPRA tied indigenous peoples to the legal framework of land ownership, which is contrary to their customary laws, culture and traditions, KAMP members said. To them, IPRA is another ploy of the government in its pursuit of globalization and a tool to sow disunity among and between indigenous peoples, steering them away from militant struggle.

Obstacle to implementation

In his report to more than 60 participants of the workshop conference, lawyer Ruben Lingating, commissioner of National Commission on Indigenous Peoples (NCIP), admitted the failure to implement IPRA. He said that the Act’s implementation was frozen for two years after former Supreme Court (SC) Justice Isagani Cruz filed a lawsuit against IPRA, questioning its constitutionality. IPRA, Cruz argued, violates the right of the state over the natural resources.

Cruz’s petition was junked by the SC in Nov. 2000 thus upholding IPRA’s constitutionality.

Meanwhile, Lingating attributed the inability of NCIP personnel in helping the indigenous tribes as a reason of failure. Aside from the fact that the commission lacks personnel, those hired by NCIP particularly from the Tribal Affairs Assistance are non-ethnic and are unaware of indigenous peoples’ customs and traditions, he said.

Moreover, Lingating said, not a single human rights case has been filed by NCIP while its education bureau has yet to draw up a curriculum on indigenous peoples for codification as mandated by law.

In February last year, NCIP planned to issue 615 titles but only 10 CADTs were approved because of anomaly in the processing. Lingating revealed, however, that 100 CADTs will be released in June this year.

"Mahirap ang implementation ng batas na walang budget" (The law cannot be implemented because of lack of money), the NCIP commissioner said. He admitted that this year, the Commission has last minute allocation of P408 million out of which P308 million will be spent for administration and salary of personnel. Only P39 million is earmarked for implementing the law.

Threat to ancestral lands

While indigenous peoples are claiming their ancestral land rights based on IPRA law, DENR strictly prohibits them from any human activity inside the so-called protected and watershed areas covered by National Integrated Protected Areas (NIPA) program.

Citing a case, Datu Victoriano Saway of Talaandig Bukidnon Higaonon Communities in Lantapan, Bukidnon said IPRA clearly prohibits them from using the resources within their ancestral domain. He said that he was sued by DENR before the Regional Trial Court in Malaybalay City allegedly for illegal possession of forest products. Another complaint was also filed against him at the office of Ombudsman for alleged abuse of authority as a former Commissioner of NCIP.

Datu Saway argued that DENR confiscation of pieces of lumber used for construction of Talaandig School of Living Tradition and the filing of case against Talaandig leadership are major cases showing the suppression of the ancestral domain rights of indigenous peoples on Mt. Kitanglad.

"This condition was highlighted by the approval of permits and implementation of Community Based Forest Management Agreement and Eco-Tourism project without Free and Prior Consent of the tribes which seriously violated the unified ancestral domain agreements of the
indigenous peoples," he said. DENR violated the NPA law which, he said, recognizes the ancestral domain rights of indigenous peoples in protected areas.

Datu Mansumayan of the Higaonon tribe in Misamis Oriental also complained that their CADC applied ancestral land was also a project site of Community Based Forest Agreement of DENR. He suspected that land conflict is the reason behind DENR’s rejection of their CADC application.

Datu Luayluay of the Banwaon tribe in Aguan del Sur also testified that their ancestral land became part of the tree plantation area of a logging company acquired through the Integrated Forest Management Agreement (IFMA). The tribal leader said Banwaon communities are now militarized because of tribal communities’ opposition to the logging company’s land encroachment.

Relatedly, PASAKA in Southern Mindanao said that logging firms and IFMA project of
Alcantara and Sons encroached into 29,000 hectares of Ata-Manobo territory in Talingod Davao del Norte affecting more than 2,000 families.

Self- governance

Lawyer Marvic Leonen of Legal Rights Center- Kasama sa Kalikasan (LRC-KSK) advised the lumad (non-Muslim tribes) not too be dependent on IPRA. "Huwag pakahon sa IPRA na may maraming kontradiksyon at di malinaw na interpretasyon" (Don’t be trapped by IPRA which is replete with contradictions and vague interpretations), he said. He underscored instead the importance of peoples` political will in asserting their rights and welfare.

"Ang IPRA ay di magic na kaagad ma-implement, ang batas ay nasa papel lang at nasa tao ang pag-implement" (IPRA is not a magic which can easily be implemented. The law is only in paper and it’s up to the people to enforce it), he said.

Rightly so, based on Talaandug Scale of Justice, the council of elders on Mt. Kitanglad penalized DENR officers for serious obstruction, suppression and demolition of Talaandig culture and its leadership and tribe declared 10 carabaos (water buffaloes) as payment of cultural offense.

Other indigenous peoples groups have also reportedly exercise their self-governance by prohibiting the entry of DENR personnel and programs in their declared ancestral domain areas. "Kung ang tribo na ang mag-delineate sa kanilang ancestral lands, ito’y expression ng self-governance at di na dapat kailangan ang CADC/CALC" (If the tribal peoples can delineate their ancestral lands, that is an expression of self-governance and there’s no need for CADC/CALC anymore), said Pons Bennagen of SENTRO.

Despite the diverse views, the conference delegates agreed to pool their strength against the common enemy and issues affecting them. " May isang layunin na dapat isulong batay sa karanasan at pamaraan, at tayo ang magpapasya sa pagsulong nito" (We have one common goal and it’s up for us to decide on how to pursue it), Wendel Bolinget of Cordillera Peoples Alliance concluded. Bulatlat.com

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