Indigenous Peoples Political Structure (PDF)

Module 2 - Indigenous peoples political structure SECTION 48. REGIONAL AND FIELD OFFICES -...

Module 2 - Indigenous peoples political structure SECTION 48. REGIONAL AND FIELD OFFICES - NCIP shall establish field offices in said provinces. ICCs - Indigenous cultural communities SECTION 49. OFFICE OF THE EXECUTIVE DIRECTOR - Refers to a group of people or homogenous societies identified by self-ascription by other, who have - NCIP shall create the office of the Executive director which shall serve as its secretariat. continuously lived as organized community on communally bounded and defined territory. SECTION 50. Consultative Body Political structures- the systems and institutions that govern a society. - A body consisting of the traditional leaders, elders and representatives from the women and youth sectors IP political structure are based on: of the different ICC/IPs - Traditional practices ARTICLE II SECTION 6. DEFINITION OF TERMS - Beliefs a. Indigenous political structures- refers to the organizational and cultural leadership system, institutions, - Values relationships, patterns and processess for desion-making Datu or the chieftain- most prominent figure in the IP community. b. B. indigenous elder/learder- emerge from the dynamics of customary laws and practices; they evolve from - Responsible for leading the community, resolving conflicts and making decisions. Responsible also for a lifestyle of conscious assertion and practice of traditional values and belifes. maintaining the traditions and culture of the community. Other important figures in the IP communities OFFICES WITHIN THE NCIP 1. Council of elders- composed of respected community members who provide advice and guidance to the Ancestral domains office- responsible for the identification and recognition of ancestral domain in accordance with a Datu. master plan as well as the implementation of the ancestral domain rights of the icc/ips 2. Baylan- a spiritual leader who performs rituals and ceremonies for the community. 3. Women’s council- responsible for promoting the rights of women in the community. Office on Policy, Planning and Research- responsible for the formulation of appropriate policies and programs dor 4. Youth council- represents the interests of the younger members of the community. ICC/IPs but not limited to the development of a 5 year master plan for the ICC/IPs IPRA of 1997- Indigenous Peoples Rights Act - Recognizes the rights of the IPs to self-governance, social justice and cultural integrity. Office of Education, culture and health- responsible for the effective implementation of the education, cultural and - Recognizes the IPs political structures and allows them to exercise their traditional practices and customs related rights as provided in this act. in governing their communities. UNDER IPRA Office on Socio-Economic Services and Special Concerns - shall serve as the office through which the NCIP shall - IPs can establish their own governance systems and institutions. coordinate with pertinent givernment agencies specially charged with the implementation of various basic - Participate in decision-making processes at the national and local levels. soci-economic services, policies, plans and programs affecting the ICCs/IPs to ensure that the same are properly and NCIP- National Commission on Indigenous Peoples directly enjoyed them. - Agency tasked with ensuring that the rights of IPs are protected and promoted. - Works closely with IPs in the development of their political structures and the protection of their cultural Office of Empowerment and Human Rights- shall ensure that indigenous socio-political, cultural and economic rights heritage. are respected and recognized. - Refers to the office created under this act, shall be under the office of the president, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and Administrative office- shall provide the NCIP with economical, efficient and effective services pertaining to personnel, programs to recognize, protect and promote the rights of ICCs/IPs. finance,records, equipment etc. shall also administer the ancestral domains fund. - VISSION OF NCIP - As enabling partner and lead advocate, the NCIP envisions genuinely empowered Indigenous Legal Affairs office- shall advice the NCIP on all legal matters concerning ICC/IPs and which shall be responsible for Cultural Communities/ ips whose rights and multi-dimensional well-being are fully recognized, providing ICC/IPs with legal assistance in litigation involving community interest. respected and promoted towards the attainment of national unity and development. - MISSION OF NCIP ANCESTRAL DOMAIN ISSUES OF THE IP COMMUNITIES AND STRUGGLES FOR AUTONOMY OF THE MUSLIM - The NCIP is the primary government agency that formulates and implements policies, plans MILITANT GROUPS. and programs for the recognition, promotion and protection of the rights and well-being of indigenous peoples due regard to their ancestral domains and land, self-governance and IPRA- indigenous peoples rights act empowerment, social justice and human rights, and cultural integrity. - Landmark of law that was enacted in 1997 to recognize and protect the rights of indigenous peoples in the SECTION 44. POWERS AND FUNSTIONS philippines (REPUBLIC ACT NO. 8371) - To accomplish its mandate, the NCIP shall have the following powers, jurisdiction and funstion. - First comprehensive legislation in the country that recognizes indigenous peoples rights to their ancestral - To serve the primary government agency domains, self-governance, and empowerment. - To review and assess the conditions of ICC/IPs including existing laws and policies NIPAS- National integrated protected areas system - To formulate and implement poliies, laws, plan, programs and projects for the economic, social - Law that was enacted in 1992 to protect the country’s natural resources and biodiversity by establishing andcultural development. protected areas which include the ancestral domain of UP communities. (REPUBLIC ACT NO. 7586) - To request and engage the services and support of experts from other agencies of - Aims to protect the countrys ecological balance by conserving and preserving the natural heritage of the government. Philippines. - To issue certificate of ancestral domains/domain title. - Subject to existing laws, to enter into contracts, agreements or arrangements, with government HOW DO IPRA AND NIPAS HELP IP COMMUNITIES? or private sectors. IPRA and NIPAS- provide a legal framework fr recognizing and protecting IP communities rights to their ancestral SECTION 47. OTHER OFFICES domains, self-governance, and empowerment. - NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules - This are sigificant laws that recognize and protect the rights of indigenous people in the philippines. and regulations. REGALIAN DOCTRINE VS. ANCESTRAL DOCTRINE - Through development of stronger legal and policy frameworks as well as the establishment of affective Regalian doctrine- a legal concept that originated in spain mechanisms for monitoring and enforcing these frameworks. - Holds all lands and natural resources within a country’s territory belong to the state or the crown. The future of indigenous peoples - Enshrines in the 1987 philippine constitution due to the uncertainties there are programs build that aimed promoting greater participation and inclusion of IP - This gives the state the power to control and regulate the use of natural resources and land ownership in communities the country. - The implementation of the Indigenous peoples and local communities conserved areas and territories - This doctrine gives the state the power control and regulate the use of natural resoures and land (ICCA) ownership in the country. - Seeks to empower IP communities in the management ad conservation of their ancestral - Conflicts with ancestral domain. domains - Recognizes the ancestral domain as a key element of indigenous peoples identity and culture and - Adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007 provides legal framework. - Provide a global standard for the protection and promotion of IP rights as well as the Ancestral domain- refers to the rights of the indigenous peoples have possessed, occupied and untilized for their establishment of NCIP traditional activities. The uncertainty of the IP communities - The lands and resources of the indigenous people are considered integral to their cultura; identity and Emerging opportunities survival. - The growing recognition of the important role of IPs in environmental conservation and sustainable 2 conflicting legal frameworks that affects recognition and protection of Indigenous peoples right to their lands and development resources. - Community-based forest management Steps ideologies in resolving the conflicts of regalian doctrine and IPRA involves - Ecotourism ;Government action - Renewable energy projects. ;civil society engagement - Increasing awareness and advocacy of IP rights and issues by civil society groups, academics, and the ;private sector responsibility (Morrison 2002) media. 1. Develop a comprehensive legal framework that recognizes and respects the rights of IP communities to STRUGGLES FOR AUTONOMY OF THE MUSLIM MILITANT GROUPS MNLF, MILF their ancestral domains. 2. Establish effective mechanisms for resolving conflicts. MNLF- Moro National Liberation Front 3. Promote dialogue and engagement - Established in the 1960s 4. Develop policies and guidelines for responsible resource management - Fight for the independence of mindanao and sulu from the Philippines government 5. Promote awareness and education MILF- Moro Islamic Liberation Front DISCRIMINATORY PROVISIONS OF PUBLIC LAND LAWS AND OTHER LAWS AFFECTING LAND - Founded in the 1980s - Another critical issue that needs to be addressed in resolving the ancestral domain issues op - A breakaway group from the MNLF that sought to establish an islamic state in Mindanao. IP communities (kanang title ang answer) Root of the conflict of this groups to the government - These laws often work against the recognition and protection of ancestral domains, as they - These are complex and multifacted that includes historical grievances, political marginalization, economic prioritize land ownership by individuals, corporations and the state over the rights of IP disparities, and cultural and religious differences. communities. - Muslim communities in Mindanao and Sulu have long sought to assert their rights to govern themselves - Example: Philippine Mining Act of 1995 and control their resources. - Grants foreign and local corporations the right to explore, develop, and Comprehensive Agreement on the Bangsamoro was signed exploit mineral resources on public and private lands, including - Seeks to established a new autonomous political entity for the Bangsamoro people ancestral domains, without the consent of IP communities. - Challenges of the agreement: slow and fraught, resource sharing, political power, and the participation of - This law has been heavily criticize for its failure to recognize the rights other stakeholders. of IP communities and its detrimental impact on the environment. THE FUTURE OF MORO COMMUNITIES AND THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM - Example: Public Land Act of 1936 MINDANAO (BARMM) - Provides for the disposition and sale of public lands to private - 2019 individuals and corporations without regard for the rights of IP - Challenges of BARMM : implementation of the Bangsamoro Organic Law communities - Provides for the devolution of powers from the central government to the Bangsamoro - This law has been used to justify the dispossession and displacement government. of IP communities as well as the conversion of ancestral domains into - Continuing threat of violence and conflict in the region commercial, industrial and residential areas. BARMM- Bangsamoro Autonomous Region of Muslim Mindanao Addressing the issue by; BOL- Bangsamoro Organic Law - Undertaking a comprehensive review that involve the repeal or amendment of laws that ciolate the rights of IP communities. MAINSTREAM CULTURE AND THE IP & MUSLIM CUTURE: AUTONOMY *DEVELOPMENT (TIMELINE) Other challenges - Lack of capacity and resources among IP communities to assert their rights under IPRA Mainstream culture- refers to the dominant culture or values that are commonly accepted and shared by the majority - Inadequate implementation and enforcement of IPRA by government agencies. people in a society or a country. - Implementation and enforcement of IPRA is weak resulted in continued land grabbing, resource Popular culture- refers to cultural products and trends that are widely favored or enjoyed by the masses. exploitation and displacement of IP communities by private individuals and corporations. Popular culture in the Philippines may include - To strengthen needs to undergo provisions of funding, technical assistance and institutional support. - Music genres like OPM- original Pilipino music - Fashion trends such as korean style clothinf  - Social media platforms like facebook - Lumad schools in mindanao came under attack by military with reports of harassment. - Popular TV shows like prietime dramas, teleserye, game shows Intimidation and even killings of Lumad leaders and students. - Filipino movies particularly comedies, romcom. - Led to the displacement of thousands of Lumad people forced to flee their homes and seek IPS & MUSLIM CULTURE AUTONOMY &DEVELOPMENT TIMELINE refuge in evacuation centers or neighboring communities. Precolonial era and the arrival of Spanish colonizers. - They continue to organize and resist, formed alliances with other indigenous groups and human rights - Pre 16th century organizations to raise awareness and struggles. - The philippines was home to diverse indigenous cultures with their own languages, beliefs, and - They established their own schools and education system practices. - In 2020, Pantaron Mountain Range in Mindanao successfully defended their ancestral lands from the - 16th century mining company that has been operating without their consent for over 25 years. - The spanish colonization of the Phil. brought the imposition of Chritianity and erasure of PRESENT-DAY STATUS AND GAINS OF THE MORO STRUGGLE indigeous cultures and traditions. - Since 1970s the moro struggle has resulted in varios agreements and initiatives aimed at addressing the American colonial period and the influence of Western culture historical injustices faced by the Moro people. - 1898 - 1976 Tripoli Agreement - The philippine gained independence from spain and became a colony of the United states. - Signed between the philippine government and the MNLF - 1901-1935 - Recognized the right of the Moro people to self-determinationand autonomy in certain areas of - American colonizers inrtoduce western culture and values Mindanao. Post-war era and the rise of Filipino nationalism - Not fully implemented agreement, leading to the resumption of armed conflict. - 1946 - 1996 - The philippines gained independence from the United States after the World war II - Philippine government signed the Final Peace Agreement with the MNLF which created the - 1987 AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) - The philippine constitution recognized the rights of indigenous poeples and their ancestral Challenges of ARMM domains (Republic of the Philippines, 1987) - Allegations of corruption and the failure to address the root causes of conflict. - 1997 - 2012 - Indigenous peoples rights act (IPRA) was passed to protect the rights if the ips and their - Philippine government signed the Framework Agreement on the Bangsamoro with the MILF ancestral domains. which paved way for the creation of the Bangsamoro Autonomous Region in Muslim Mindanao Martial law years and the impact on indigenous and muslim communities. (BARMM) - 1972-1981 - BARMM has greater autonomy and resources compared to ARMM - Martial law years under the marcos regime saw increased militarization. Challenges of BARMM Post marcos era and thecontinuing struggles for autonomy and development - Issue of decommissioning of MILF fighters and the ransition of political power from the ARMM to the - 1986 BARMM - Marcos regime ended with the People Power Revolution - Inclusivity of the Bangsamoro government and the protection of the rights of non-moro communities in the - 1995 region. - Indigenous poeles rights act was amended to strengthen the recognition and protection of RESETTLEMENT PROGRAMS OF THE GOVERNMENT indegenous peoples rights (Republic of the Philippines 1995) - Aimed to addressing the issue of internal displacement of indigenous and muslim communities. - 2018 1. National Resettlement and Rehabilitation Program (NRRP) - Bangsamoro Organic Law was passed to establish autonomous region (Republic of the a. Established in 1972 during the martial law era, aimed to resettle informal sttlers ad Philippine, 2018) landless farmers in government-owned land. Current issues and challenges faced by indigenous and muslim communities: b. Lack of consultation w/ affected communities leading to forced evictions and - The impact of climate change on traditional livelihoods, enroachment of corporate interest on their lands inadequate compensation. and ongoing discrimination and marginalization from mainstream society. 2. Enhanced Comprehensive Local Integration Program (E-CLIP) INDIGENOUS AND MUSLIM COMMUNITIES IN THE PHILIPPINES CHALLENGES a. Aims to provide socio-economic assistance to former members of armed groups. 1. LAND RIGHTS b. Faced criticims for being inadequte in addressing the root causes of conflict and for - Struggle to secure legal recognition of their ancestral lands failing to provide adequate support for the rehabilitation and development of 2. RESOURCE EXTRACTION affected communities. - Facing the impacts of resource extraction that includes mining, logging and dam building. POPULATION SHIFTS RESULTING FROM RESSETLEMENTS Corporations disregard laws leading to conflicts and human rights violations’. In bukidnon - influx f settlers and migrants led to the displacement of Lumad communities from their ancesral lands. 3. DISCRIMINATION AND MARGINALIZATION - Lumad communities have been push out due to conversion of theor agricultural lands into industrial areas. - Contributes to the widening gap between the living standards of indigenous and Muslim - Lumads have been subjected to harassment, intimidation and violence by security forces and armed communities and the rest of the population. groups hired by corporations and landowners. 4. CLIMATE CHANGE - Displacement and resettlement disrupt these systems and cause a breakdown in community ties. - Leads to chags in weather patterns which treathen the survival of these communities. MAINSTREAMING THE AUTONOMY AND DEVELOPMENT OF IPS AND MORO CULTURES IN THE PHILIPPINES. PRESENT-DAY STATUS AND GAINS OF THE LUMAD STRUGGLES 1. The preservation and celebration of unique cultural heritage - IPRA AND NCIP’s implementation has been slow that many lumads communities continue to face threats a. Recognition and promotion of the autonomy and development of IP and muslim cultures. to their ancestral lands and livelihoods. 2. Greater community empowerment. - 2017 a. Allows IPs and Muslim communities to make decisions about their won development, rather than being dictated to by mainstream culture or external forces. 3. Integration of traditional knowledge and practices for environmental sustainability a. Promotion of their autonomy that leads into their development plans leading to more sustainable and equitable development. 4. Greater peace in the region a. Recognizing and repecting their unique cultures and traditions, conflicts and tensions between these communities and mainstram culture can be reduce.