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Indigenous Peoples' Rights


The Indigenous Peoples' Rights Act
The Philippines has been known to pride its recognition of indigenous peoples and support for indigenous' peoples rights. As evidence, the Philippine government passed Republic Act No. 8371, also known as “The Indigenous Peoples’ Rights Act of 1997," (IPRA) to recognize, protect and promote the rights of the indigenous cultural communities. The IPRA is a comprehensive law that includes not only the rights of the indigenous peoples over the ancestral land but to their rights to social justice and human rights, self governance and empowerment, and cultural integrity. This was made in response to their belief that the land is part of their religion, education, politics and government, fundamental economy, health, shelter, personality and character, and their history. 

State Policies on Indigenous Peoples' Rights in Section 2 of the IPRA:

 * The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development;
 * The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain;
 * The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies;
 * The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinction or discrimination;
 * The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population; and
 * The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.
 * Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions, values, beliefs, interests and institutions, and to adopt and implement measures to protect their rights to their ancestral domains.

Specific Rights IPRA Seeks to Recognize, Protect, and Promote

 * 1) Right to Ancestral Domains and Lands;
 * 2) Right to Self-governance and Empowerment;
 * 3) Social Justice and Human Rights; and
 * 4) Right to Cultural Integrity

The United Nations Declaration on the Rights of Indigenous People
On June 19-30, 2006, the United Nations adopted the UN Declaration on the Rights of Indigenous Peoples  during the First Session of the UN Human Rights Counci l (UHR) held in Geneva, Switzerland. This new document superseded the then version of the Commission on Human Rights. The Philippine government remained undecided about supporting the adoption of the draft Declaration despite it being consistent with the already existing Republic Act No. 8371: Indigenous Peoples' Rights Act of 1997. The Declaration, however, was established through votation in June 29, 2006 with 30 yes votes, 2 no votes, and 12 absentations, where the Philippines declined to vote because they had to make further investigations if the Declaration was consistent with the Philippine Constitution.

In 2007, after being carefully examined by the Commission on Human Rights and referred to the General Assembly for votation, the final Declaration was adopted. With revisions and additions, this superseded all previous bodies. The Philippines voted in favour of this along with 142 other countries.
 * The UN Declaration mentions the following functions
 * Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,
 * Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,
 * Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,
 * Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,
 * Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,
 * Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,
 * Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,
 * Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,
 * Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,
 * Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,
 * Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action, affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,
 * Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,
 * Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,
 * Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,
 * Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,
 * Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,
 * Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples.