Poverty, wealth and conservation

SSecuringecuring indigenousindigenous rightsrights andand biodiversitybiodiversity cconservationonservation throughthrough partnershipspartnerships inin SibuyanSibuyan IIsland,sland, ,Romblon, PhilippinesPhilippines EEdgardodgardo TongsonTongson andand ThomasThomas McShaneMcShane

Abstract. In the many large intact forests designated as protected areas coincide with the ancestral claims of indigenous peoples. There, security of tenure is essential to is- sues of conservation, development and fulfi lling indigenous peoples’ rights. This paper high- lights the experience of non-government organizations that collaborated with government agencies and assisted the indigenous group Sibuyan Magyan Tagabukid of to secure tenure to their ancestral domain. We discuss the challenges we encountered and the emerging opportunities for co-management in the overlap areas between ancestral domain and protected areas. The paper highlights the importance of inter-organizational cooperation as demonstrated by the various actors– i.e., government, indigenous groups, non-govern- ment organizations and academia – which resulted in synergies instrumental in fulfi lling the provisions of a progressive law. Securing land tenure lays the foundation where local support for biodiversity conservation can be institutionalized and sustained.

Philippine’s Forestry Policy which ended up also engendering inef- The forest cover of the Philippines de- fectual governance, corruption and clined from 70 percent of the country’s illegal logging, contributing to the twin total land area of 30 million hectares in problems of forest degradation and 3 1900 to about 18.3 percent in 1999,1 upland poverty. With the dismantling of timber con- which represent just over 5 million ha IIndigenousndigenous peoplespeoples of residual and old-growth natural for- cessions, for- ests. Continuing upland migration, due est communities ((aboutabout 1122 mmillions)illions) to scarce economic opportunities in the asserted their aarere ffoundound iinn vvariousarious lowlands and high natural population rights to access fforest,orest, lowlandlowland forest resources growth rates, exacerbate forest denu- aandnd ccoastaloastal areasareas ofof dation and degradation. The lack of op- and manage the erational and effective on-site manage- same under a tthehe Philippines,Philippines, divid-divid- ment in many forest areas led to open Community-based eedd iintonto 110110 self-self- access to the forest commons. Only Forest Manage- ddefinedefined eethno-thno- ment (CBFM) 19 percent of the country’s 15.5 mil- llinguisticinguistic groupsgroups lion classifi ed forest lands are covered framework. The by some kind of on-site management new forestry policy responded to clam- system.2 The intensity of degradation ors by civil society groups for greater suggests that de facto management participation, equity, empowerment, systems are inadequate to stem forest ecological sustainability, cultural integ- loss, especially in open access areas. rity and gender equity in the manage- ment of the forest resources. The state Social forestry evolved out of the fail- conferred tenure to forest communities ure of state forest governance. Pre- through 25-year Community-Based vious policies promoted centralized Forestry Management Agreements. management and logging concessions, 286 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

Indigenous Peoples The National Integrated Protected Indigenous peoples, whose number has Areas System been reported in various offi cial docu- In 1992, the Republic Act 7586 sought ments as 12 million or about 18% of the establishment and management of the total population in the Philippines, the National Integrated Protected Areas are found in various forest, lowland and System (NIPAS). coastal areas, and are divided into 110 The NIPAS law TThehe IIPRAPRA eestablishesstablishes self-defi ned ethno-linguistic groups.4 creates a network pproceduresrocedures forfor recog-recog- These are among the poorest and most of protected areas nnitionition ofof individualindividual disadvantaged social groups in the in the country. country. The indigenous peoples have Multi-stakeholder aandnd ccommunalommunal oown-wn- long suffered from economic marginali- structures such eershiprship ofof “ancestral“ancestral zation, socio-cultural displacement, and as Protected Area ddomains”omains” andand “ances-“ances- political disenfranchisement. A variety Management ttralral lands”.lands”. of factors are called to explain this, in- Boards provide cluding the lack of a vision about devel- roles for civil society organizations and opment for and by indigenous peoples; indigenous groups. The law recognizes the absence of mechanisms on proce- the claims and rights of indigenous dures of consultation with the peoples communities over ancestral areas concerned; pressure on ancestral lands found within protected areas and pro- by economic and political development; motes partnership in formulating and and lack of consensus among indig- implementing plans and policies. Ten- enous peoples themselves about their ured migrants living within protected development priorities, strategies and areas are provided usufruct rights for alliances.5 sustainable livelihoods.

Today, the ancestral land claims cover The Indigenous Peoples Rights some 2.5 million hectares or 8% of the Act total land area in the Philippines, the The Indigenous Peoples Rights Act majority of which overlap with intact (Republic Act 8371)6 was enacted to forests widely recognized for their bio- recognize, promote and protect the diversity. Not surprisingly, most pro- rights of the indigenous peoples includ- tected areas prioritized for protection ing their right to ancestral domain and overlap with ancestral claims. lands, their right to self-governance and empowerment, their social justice and human rights and their right to cultural integrity. The IPRA establishes procedures for recognition of individual and communal ownership of “ancestral domains” and “ancestral lands”. The IPRA law (Sec 3 h.) defi nes indigenous peoples as: “a group of people or homogenous societies identifi ed by self-ascrip- tion and ascription by others, who have continuously lived as organized Picture 1. Members of the indigenous group community on communally bounded Sibuyan Mangyan Tagabukid. and defi ned territory, and who have (Courtesy Edgardo Tongson) 287 Poverty, wealth and conservation

under claim of ownership since time headed by a Chairman with six Com- immemorial, occupied, possessed missioners. The forerunner of the NCIP and utilized such territories, sharing dates as far back as the American pe- common bonds of language, cus- riod in the early 1900s. The pre-NCIP toms, traditions and other distinctive organizations were “integrationists” in cultural traits, or who have, through their approaches, whose main goal was resistance to political, social and to assimilate these groups into main- cultural inroads of colonization, non- stream society and alleviate their pov- indigenous religions and cultures, erty conditions. The offi ce dispensed became historically differentiated medicines, scholarships, relief goods from the majority of Filipinos.” and other material benefi ts to tribal members. Client groups were viewed In other words, the IPRA grants indig- as passive benefi ciaries of assistance. enous people the ownership and pos- session of their ancestral lands and Role of NGOs domains, and defi nes their extent. NGOs, on the other hand, serve as counterweight to traditional develop- National Commission on ment thinking Indigenous Peoples of their govern- AAss humanhuman rrightsights ad-ad- To carryout the IPRA Act, the National ments. From the vvocates,ocates, mostmost NGOsNGOs Commission on Indigenous Peoples standpoint of de- vviewiew ““development”development” (NCIP) was created (Sec 59, IPRA) velopment NGOs, merging the Offi ce of Northern Cultural the indigenous ffromrom aann aalternativelternative Communities and Offi ce of Southern peoples are not vviewiew ooff recognizing,recognizing, Cultural Communities: merely passive aattainingttaining andand ful-ful- “To carry out the policies herein benefi ciaries of ffillingilling thethe rightsrights ofof development but set forth, there shall be created iindigenousndigenous peoplepeople the National Commission on Indig- means and ends enous Peoples (NCIP), which shall of the development process. As human be the primary government agency rights advocates, most NGOs view “de- responsible for the formulation and velopment” from an alternative view of implementation of policies, plans and recognizing, attaining and fulfi lling the programs to promote and protect rights of indigenous people. the rights and well-being of the in- digenous people and the recognition The role of NGOs in development of their ancestral domains as well as work was expanded during the Aquino their rights thereto”. presidency in 1986. The restoration of democratic space resulted in the rise The NCIP is tasked to process ances- of environmental NGOs responding to tral land claims into private collective forest degradation and poverty. The titles called Certifi cate of Ancestral strength of NGOs lies in working with Domain Title (CADT). In processing communities and ensuring that govern- these claims, the NCIP strictly applies ment programs conform to local condi- the requirements under IPRA including tions. NGOs facilitate the delivery of geodetic surveys, gathering of anthro- services for rural development; devel- pological records, proofs and testi- oping communities as stakeholders, monies and facilitation of community rather than mere recipients, initiating meetings to resolve confl icts. The NCIP new approaches for project develop- is staffed with 1,200 personnel and is ment at the community level and di- 288 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

rectly contributing to capacity building.7 NGOs working for indigenous rights promote an alternative development paradigm, based on indigenous territo- rial autonomy, self-determination and “self-development” or “ethno-develop- ment”. For indigenous people, the fi rst condition for effective ethno-develop- ment is security of land tenure and local jurisdiction over natural resources within their territory. One of the most signifi cant developments in the past thirty years has been pro-active initia- tives undertaken by indigenous peo- ples and supportive NGOs to map and demarcate their own lands.8 In the Picture 2. Upstream the Cantingas river, voted nd Philippines, these independent surveys, the 2 cleanest river in the Philippines. (Courtesy Edgardo Tongson) verifi ed by government surveyors, are accepted as a basis for land claims and Site description the registration of land titles. Situated 350 kilometers south of Ma- nila, Sibuyan is the second largest of In 1996, the WWF adopted a statement among the seven islands that comprise of Principles on Indigenous Peoples and Romblon Province in the Philippines and Conservation, is known as one of the few remaining FForor iindigenousndigenous people,people, which endorses centers of biodiversity and endemism tthehe firstfirst conditioncondition forfor the UN draft Dec- in the country. It has a land area of laration on the approximately 45,600 hectares, about eeffectiveffective ethno-devel-ethno-devel- Rights of Indige- seventy percent of which is covered oopmentpment isis securitysecurity ofof nous Peoples. The with forest. At the heart of Sibuyan llandand tenuretenure aandnd llocalocal statement accepts Island is the Mt Guiting-Guiting Natu- jjurisdictionurisdiction overover nat-nat- that construc- ral Park (MGGNP)— the only remaining tive engagement mountain in the Philippines with rela- uuralral rresourcesesources wwithinithin with indigenous tively intact habitats along its entire ttheirheir territory.territory. people must start elevation gradient. Mt. Guiting-Guit- with a recogni- ing’s plant and mammal biodiversity is tion of their rights, upholds the rights amongst the richest in the world.9 In of indigenous peoples to own, manage, the midst of this natural lushness, how- and control their lands and territories ever, live some 50,000 people, more and to benefi t from the application of than half of whom live well below the their knowledge. The premises con- government-defi ned poverty level. In tained in the WWF international state- terms of the Human Development In- ment of Principles helped develop the dex, Romblon province which includes partnership framework entered into by Sibuyan Island is ranked 64th out of the WWF-Philippines with the indigenous 77 provinces in the Philippines. The groups of Sibuyan Island and assisted majority of the Sibuyan population by indigenous advocate NGOs to secure engages in subsistence farming and tenure rights over their ancestral lands fi shing. Decades of unregulated and in Sibuyan Island. unsustainable use have taken a toll on the island’s natural resource base. 289 Poverty, wealth and conservation

Sibuyan Mangyan Tagabukid (pre-harvest ritual) denoting respect Residing in and around the interiors to the spirits that play an important and upland areas of the Mount Guit- role in Sibuyan Mangyan culture. Sev- ing-Guiting Natural Park (MGGNP) are eral generations of kin identifi ed to the Sibuyan Mangyan Tagabukid (SMT), have previously inhabited the area who managed to retain a culture and and improvements introduced by their tradition distinct from the lowland ancestors attest to the longevity of the Sibuyan culture. While there are no indigenous peoples in the area. The existing pre-historic data on Sibuyan ancestral domain of the SMT occupies and Mangyan Tagabukid, early Spanish an area of 7,900 hectares and strad- accounts in the 1700s reported a con- dles the mountain ranges of Sibuyan siderable population of mountain dwell- and the Mt. Guiting-Guiting Natural ers along the mountain ranges of the Park. Sibuyan Island to which present indig- enous populations trace their ancestral Park establishment and related origins.10 ICDP In 1996, through the efforts of local The SMT are primarily engaged in government executives and a handful subsistence agriculture – making their of NGOs, Mt Guiting-Guiting Natural living through slash and burn farming Park was proclaimed under the National (a land preparation method used in Integrated Protected Areas System Act. tropical countries that involves clearing The Park covers some 16,000 hectares land by burning the vegetation before of strict protected area and an addi- the rain season begins), charcoal mak- tional 10,000 hectares of buffer zone. ing, gathering of minor forest prod- It straddles the island’s three munici- ucts such as rattans, resins, vines and palities of Magdiwang, San Fernando honey, and fi shing for freshwater fi sh and . In the same year, Mt and shrimps in the numerous water Guiting-Guiting Natural Park was in- channels and tributaries on the moun- cluded in the European Union-funded tain.11 They practice rituals such as National Integrated Protected Areas paminhi (pre-planting ritual) and tugna Programme (NIPAP), a fi ve-year pro- gramme that aimed to establish pro- tected areas in eight parks around the country. In 1997, with funding support from the Netherlands Government, WWF-Philippines implemented an inte- grated conservation and development project (ICDP) on the island to comple- ment park establishment and the pro- tection efforts of the NIPAP project.

The overall goal of the ICDP was to protect the biodiversity of Mt. Guit- ing-Guiting Natural Park through the development of sustainable livelihoods. A major objective within this goal was Picture 3. Busay falls in the Panangcalan wa- to improve the tenure security of the tershed provides drinking water to the town of indigenous Sibuyan Mangyan Tagabukid San Fernando. (Courtesy Edgardo Tongson) poeple. Activities included strengthen- 290 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

ing their social organization, culture Ancestral Domain Title (CADT) applica- and customary laws as well as assisting tion. them to become responsible stakehold- ers in the management of environ- Delineation and demarcation of mentally sensitive areas in which they ancestral domain live. The key premise of the project’s In 1998, WWF facilitated the deline- approach was that land tenure security ation of the ancestral domain as pre- coupled with development and natural scribed under the IPRA. WWF entered resource management interventions into partnerships with support NGOs for that are identifi ed, designed and im- indigenous peoples. PANLIPI—an NGO plemented by the indigenous commu- with legal orientation and skills— had nity-based organization, will ensure the responsibility of providing legal sustainability and responsible manage- resources and assistance to the SMT in ment of resources. WWF-Philippines, the delineation of their ancestral land in partnership with indigenous peoples and liaison work. AnthroWatch— an advocate NGOs such as Anthropological NGO comprised of anthropologists— Watch (AnthroWatch), Legal Assistance was tasked to do TThehe iindigenousndigenous mem-mem- Center for Indigenous Filipinos (PAN- the census of the LIPI) and the Philippine Association for indigenous peo- bbersers ppreparedrepared iindica-ndica- Intercultural Development (PAFID), ple, conduct ge- ttiveive mapsmaps perper clustercluster implemented a project to assist indig- nealogy research, enous communities affected by the es- vvillageillage thatthat werewere thenthen map indigenous aassembledssembled aandnd ttrans-rans- tablishment of the Mt. Guiting-Guiting territories and as- Natural Park in Sibuyan Island in 1996. sist in establish- pposedosed intointo techni-techni- ing and collecting ccalal maps.maps. TheThe mapsmaps Field activities proofs to substan- ddepictedepicted thethe extentextent ofof Field interventions consisted of anthro- tiate the petition ttheirheir domaindomain areasareas pological research and documentation, for delineation of participatory mapping and planning, ancestral domains of the SMT. PAFID capacity building, legal assistance, provided training in the use of Global farm support and joint ventures. The Positioning System (GPS) and in the procedures and steps in identifying preparation of 3-D maps and facilitated and delineating the ancestral domain the delineation activities. To hasten the and applying for a community title are processing of the ancestral claim, WWF, outlined in 13 steps under the IPRA AnthroWatch and PANLIPI entered into law, namely: 1) fi ling for petition for a Memorandum of Agreement (MOA) delineation, 2) delineation proper, 3) with the NCIP. The MOA authorized the submission of proofs, 4) inspection by NGOs to delineate the ancestral lands NCIP representative, 5) evaluation and of the SMT for and in behalf of the appreciation of proofs, 6) survey and NCIP. For the NCIP, the collaboration preparation of survey plans, 7) identi- created an opportunity to pilot test GO- fi cation of boundary confl icts, 8) sub- NGO partnerships in processing ances- mission of NCIP investigation report, tral land claims. 9) map validation, 10) public notifi ca- tion, 11) endorsement of claim to NCIP The members of the indigenous com- Ancestral Domains Offi ce, 12) review munity who participated in the deline- and endorsement by Ancestral Domains ation activity were identifi ed and au- Offi ce to NCIP board; and 13) approval thenticated. A population census was by NCIP board of the Certifi cate of conducted using genealogical mapping 291 Poverty, wealth and conservation

which put the number of legitimate were re-checked and appropriate cor- claimants at 315 households or 1,687 rections made. individuals. The population census was followed by the gathering of proofs and The delineation of the ancestral claim other documents to support the claim. started in September 1998. The indig- Various testimonials, written/historical enous peoples played an important role accounts of SMT customs and tradi- in facilitating the formation of delinea- tions, anthropological data and histori- tion teams that were tasked to properly cal accounts proving the existence of manage the delineation of the ances- the SMT in Sibuyan Island, pictures and tral domain. The teams came up with descriptive histories of traditional land- a strategy and detailed plans for the marks, write-up of names and places actual survey of the ancestral domain. derived from the native dialect of the Members of the communities, as well community, genealogy of elders, pho- as government agencies, were invited tocopies of Spanish and other histori- to participate in the survey. Two teams cal documents taken from the National were formed for the fi eld delineation Archives and its English translation and demarcation activity. The teams were gathered. These proofs were later marked trees and used natural features submitted to NCIP Provincial Offi ce for such as stones and streams to demar- validation. cate the domain.12

The indigenous members prepared The council of elders convened to indicative maps per cluster village that identify the landmarks indicating the were then assembled and transposed boundaries of their ancestral domains into technical maps. The maps de- on a topographic 3-dimensional map. picted the extent of their domain areas. Sacred sites, burial areas, hunt- WWF and its partner NGOs assisted the ing, gathering, collecting and fi shing SMTs in preparing the survey plans, grounds, swidden farms and residen- conducting the perimeter walk and tial areas were mapped. The process preparing fl at maps with the necessary of 3-D mapping involved community technical descriptions. The resulting gatherings and trainings that provided maps were consequently validated with community members an opportunity the indigenous communities. Bounda- to chronicle their culture, economy, ries, markings and the names of places history and struggle as a distinct com- munity. The map used local dialect and traditional place names which demon- strated the communities’ knowledge and predominant role as steward of the area.

The 3-D map was assembled and dis- played in their tribal hall for use by the members. A community resolution attesting to the veracity of delinea- tion and the content of the map of the ancestral domain was likewise drafted. The ancestral domain maps were pub- lished in the provincial newspaper. Picture 4. Foothills leading to the ancestral do- main. (Courtesy Edgardo Tongson) These maps were posted in prominent 292 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

places within the locality such as mu- Under the ADSDPP, the indigenous peo- nicipal halls, barangay halls, and indig- ples agreed to ban logging (except for enous community centers. The proofs subsistence use), the cutting of trees together with the maps with the tech- within 25 meters from river banks and nical descriptions and notices of pub- streams, and the use of poison and/ lications were submitted to the NCIP or explosives in catching freshwater Provincial Offi ce for validation. In vali- wildlife— including but not limited to dating the claim, the NCIP Provincial shrimps, eels and fi sh. Offi ce conducted an inspection with the SMT, adjoining communities and other A community coordinator carried out affected entities to verify the land- organizational and institution-build- marks of the ancestral domain and the ing activities to revive non-functional physical proofs supporting the claim. tribal councils and federate them into a CADT-wide organization that would After validation, the NCIP Provincial Of- implement the ADSDPP. WWF and PAN- fi ce endorsed the LIPI organized paralegal training activi- TThehe ccouncilouncil ofof elderselders Ancestral Domain ties and orientation seminars on exist- cconvenedonvened ttoo identifyidentify Claim to the NCIP ing laws. The project sponsored study Regional Offi ce tours, cross visits and made it possible tthehe boundariesboundaries ofof for verifi cation. for SMT leaders to participate in meet- ttheirheir ancestralancestral After further re- ings, conferences and dialogues on in- ddomainsomains [which[which werewere view of the proofs digenous issues. SMT cultural practices and evidence, the were documented and customary laws llater]ater] publishedpublished inin claim was fi nally codifi ed. The project initiated small- tthehe provincialprovincial news-news- endorsed to the scale plantations (i.e. abaca, coffee, ppaperaper … aandnd ppostedosted Ancestral Domain tree seedlings) through joint venture iinn municipalmunicipal halls,halls, Offi ce (ADO) of arrangements with some of the mem- the NCIP. After bers. The SMT presented their plans bbarangayarangay hallshalls andand establishing and and concerns during consultation meet- iindigenousndigenous acknowledging ings with local government offi cials. ccommunityommunity centerscenters the veracity of the claim, the ADO endorsed the application to the NCIP Board for its favorable action.

Preparing a management plan The results of the delineation and re- search activities were fed into village workshops that led to the formulation of a comprehensive management plan, also known as the Ancestral Domain Sustainable Development and Protec- tion Plan (ADSDPP). The preparation of the ADSDPP was formulated through a series of community consultations at local community clusters and an island- Picture 5. Proposed weir site for a future 1 MW wide workshop. After its formulation, mini-hydroelectric project. the ADSDPP was presented and ex- (Courtesy Edgardo Tongson) plained in a community assembly. 293 Poverty, wealth and conservation

Results board and the indigenous community Socio-economic monitoring of sampled over jurisdiction in the protected area indigenous members show positive im- overlap, WWF facilitated close collabo- provements in the social, economic and ration between the indigenous people political conditions of the indigenous and the park rangers to combat illegal community. Results from focus-group logging and to monitor biodiversity discussions show perceived reductions resources. Both parties have planned in interpersonal confl icts, gambling, and executed joint operations to ap- wife-beating and alcohol drinking. Male prehend illegal loggers – a turnaround members are now more involved in from their previous engagement which planting root crops, i.e. gabi, camote. can be described as adversarial. bondo, and other productive ventures such as abaca ( hemp fi ber) Confl icts between the indigenous peo- farming supported by the project. The ple and the park authorities had their female members participated in en- beginnings in 1996 where initial ef- forcement actions and proved effective forts in park establishment led to the in dissuading mostly male poachers loss of access by indigenous people to from entering their territories. non-timber forest resources. The over- lapping area consisting of old-growth In 2001, the NCIP approved the ap- forests had been the traditional source plication for a Certifi cate of Ancestral for non-timber forest products— rat- Domain Title covering some 7,905 hec- tan, honey, almaciga resins— for the tares that would indigenous community. The restric- ……newnew ffoundound rrightsights benefi t some 335 tions resulted in denial of their rights hhaveave encouragedencouraged thethe indigenous house- and created hostilities toward the park SSibuyanibuyan MangyanMangyan holds. With the authorities. Fortunately, the premises behind the recognition of ancestral TTagabukidagabukid ttoo bbecomeecome awarding of their ancestral domain, lands under both the NIPAS and IPRA mmoreore vvigilantigilant overover the indigenous laws are similar if not identical. Both ttheirheir domaindomain andand people of Sibuyan plans prepared by the park and the ttoo regulateregulate accessaccess emerged into a indigenous community highlight the importance of protecting the forests bbyy ooutsiders.utsiders. IllegalIllegal very powerful, position being found in the overlap area. However, lloggingogging inin thethe forestforest able to confront the difference lies in the SMT’s desire ooverlapverlap hashas beenbeen and negotiate to retain the rights of the indigenous ssignificantlyignificantly reducedreduced with other tra- people to access non-timber forest ditional power products which have been their tra- aass a result…result… wielders, e.g. ditional source of livelihoods. These loggers, parks, politicians, mining, convergences provided an opportunity hydroelectric power company and other for the indigenous people and the park interests. authority to develop a collaborative These new found rights have encour- or co-management framework where aged the Sibuyan Mangyan Tagabukid complementation instead of confl icts to become more vigilant over their could prevail. domain and to regulate access by outsiders. Illegal logging in the forest Discussion overlap has been signifi cantly reduced The IPRA law is considered a revolu- as a result. Despite institutional con- tionary law as it goes against existing fl icts between the park management power structures. The process involves 294 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

the awarding of ancestral domain titles The institutional fi t between NCIP and to bona fi de indigenous communities; IPRA are still far from desirable. Under developing their capabilities and em- their new IPRA mandate, the NCIP bu- powering them to manage their ecosys- reaucracy has to deal with its prevailing tems and resources for self-sustenance mindset in order to shift from “integra- and self-governance, preserving their tionist” approaches to empowerment indigenous knowledge systems and tra- as the ends of development. Notwith- ditions, and protecting their rights and standing the mindset change, funding their culture. constraints hampered NCIP capacities to implement the law. The NCIP tar- Already, there have been violent inci- gets 56 more CADTs covering some 1.7 dents and deaths among indigenous million hectares for which it says it can communities who have crossed power- provide some funding and can imple- ful interests. The law seeks to tilt the ment or complete the titling process. power structures traditionally biased For 2004, the budget allocation of the toward mining, hydro-electric power, NCIP amounts to PhP 28 million. At a agro-industrial and environmental in- surveying cost of PhP 1,000 per hec- terests. Fulfi lling the provisions of the tare, the NCIP can only survey 28,000 IPRA would mean observing the oper- hectares or 1.6% of their target. Clear- ating principles ly, the resources of the NCIP are not ……thethe IIPRAPRA gguar-uar- of participation, enough to meet their targets. aanteednteed tthehe rrightight ofof equity and em- iindigenousndigenous peoplepeople toto powerment. Sev- Realizing the fruits from this initial col- ggiveive theirtheir freefree andand eral provisions in laboration in Sibuyan Island, the NCIP the IPRA implicitly now considers the Sibuyan experience ppriorrior informedinformed con-con- embody these as a template to guide processing of ssentent ttoo anyany develop-develop- principles. First, future land claims and engendered mmentent pprojectroject iinitiatednitiated the act promotes working relationships with civil society self-delineation, organizations and other “non-formal” bbyy ooutsidersutsiders withinwithin i.e. delineation of sectors.13 The IPRA provides the plat- ttheirheir ancestralancestral landland ancestral bounda- form upon which both government and ries by the indigenous people without NGOs can share the mandate and pool outside interference. Here, the domain their resources to implement the law. boundaries extended to the foraging In its seven years of existence, the areas, burial grounds, sacred places NCIP has granted 24 ancestral domain and swidden farms. This new defi nition titles representing 543,000 hectares, of ancestral territory covered larger of which titling for 106,000 hectares or areas unlike older tenure instruments one-fi fth of this area was supported by which only covered their houses and NGOs.14 farms. And, second, the IPRA guar- anteed the right of indigenous people Conclusion to give their free and prior informed The Sibuyan experience shows that consent to any development project partnerships between government and initiated by outsiders within their an- non-government organizations (and cestral land. Parks, mining interests, among NGOs) based on mutual coop- researchers, hydropower companies eration, respect and shared aspirations and bio-prospectors have to obtain can indeed achieve objectives beyond consent before they can operate within the means and capacities of any single the domain. organization.15 The support shown by 295 Poverty, wealth and conservation

the NGO, academia, government and 2 Guiang, 2000. international donors is cause to cele- 3 Porter & Ganapin, 1988; Repetto & Gillis; 1988, Kummer, 1992. brate, as it represents the social capital 4 NCIP, 2004. that is a vital resource to ensure the 5 World Bank, 1998. effective operationalization of the IPRA 6 IPRA, 1997. 16 law. 7 World Bank, 1998. 8 Colchester et al., 2001. To conservationists and development 9 Heaney and Regalado, 1998; Goodman and Ingle, planners worldwide, it has been postu- 1997; DENR, 1997. lated that the conservation of biologi- 10 Padilla, 2002; San Beda, 1925. cal diversity in the developing world 11 Tongson & Dino, 2004. will not succeed in the long term un- 12 De Guzman & Dinopol, 2002. less local people 13 Pasag, personal communication...... rrecognizing,ecognizing, perceive those 14 Padilla, personal communication. 15 cf. Barrett et al., 2001; McShane, 2003; McShane ffulfillingulfilling andand pro-pro- efforts as benefi - and Wells, 2004. ttectingecting thethe tradition-tradition- cial to their eco- 16 Dee, 2002. nomic and cul- aall rightsrights ofof indige-indige- tural well-being. References nnousous ppeopleseoples overover theirtheir By securing their Barrett, C.S., K. Brandon, C. Gibson, and H. Gjertsen, rresourcesesources aandnd uunlock-nlock- tenure rights, the “Conserving tropical biodiversity amid weak institu- foundation has tions”, Bioscience, 51:497-502, 2001. iingng theirtheir capacitiescapacities toto Colchester, M., F., MacKay, T., Griffi ths and Nelson J., been laid for the A Survey of Indigenous Land Tenure, Food and Ag- mmanageanage tthem…hem… long-term man- riculture Organization of the United Nations (FAO), agement of the forest resources and Rome, 2001. its biodiversity. The example presented De Guzman, V. and D. Dinopol, “Partnerships for Development in Mt. Guiting-Guiting: Delineation in this paper highlights many of the of Ancestral Domains and Resources Management issues and challenges that link indig- Planning by the Mangyan Tagabukid of Sibuyan”, enous peoples and protected areas. By Ateneo Law Journal, 47 (3): 659-693, 2002. Dee, H., “Confronting the Challenge of Tomorrow”, recognizing, fulfi lling and protecting the Ateneo Law Journal. 47 (3): 835-837, 2002. traditional rights of indigenous peoples DENR (Department of Environment and Natural over their resources and unlocking their resources), Philippine Biodiversity: An Assessment capacities to manage them, indigenous and Plan of Action, Bookmark, Makati City (Philippi- nes), 1997. peoples can indeed become powerful ESSC (Environmental Science for Social Change), The allies in the fi ght to protect biodiversity. Decline of Philippine Forests, ESSC, Quezon City (Philippines), 1999. Edgardo Tongson ([email protected]) is Vice-Presi- dent for Programmes, World Wide Fund for Nature – Philip- Goodman, S., M. and N.R. Ingle, “Sibuyan Island in pines. He is a member of CEESP’s Theme on Governance, the Philippines – Threatened and in Need of Conser- Equity and Rights. Thomas McShane (tmcshane@wwfi nt. vation”, Oryx, 27 (3): 174-180, 1993. org) is Senior Conservation Advisor, WWF-International, Guiang E., Effi cacy of Removing Natural Forest from Gland, Switzerland. The authors thank the Royal Nether- Timber Protection as a Strategy for Conserving For- lands Government’s Directorate General for International ests in the Philippines, FAO, Bangkok, 2000. Cooperation (DGIS) for support; WWF International and Heaney, L.R. and J.C. Regalado Jr., Vanishing Treas- WWF Philippines, who have kept the project on a sound ures of the Philippine Rain Forest, Illinois: The Field administrative and fi nancial track. Special thanks also to Museum of Chicago, Chicago (Illinois),1998. their partners - Anthrowatch and Panlipi - for sharing their IPRA (Indigenous Peoples Rights Act), Implement- technical expertise; to the National Commission on Indig- ing rules and regulations. Administrative Order enous Peoples and the Local Governments of Cajidiocan No. 1 Manila: National Commission on Indigenous and San Fernando, for their political support, and to the Peoples, Republic of the Philippines, Quezon City Sibuyan Mangyan Tagabukid people for being an inspiration (Philippines),1997. to all indigenous peoples in the Philippines. Kummer, D., Deforestation in the Post War Philippines, Notes Ateneo de Manila University Press, Manila, 1992. 1 Environmental Science for Social Change (ESSC), McShane, T.,O., “The devil in the detail of biodiversity 1999. conservation”, Conservation Biology,17:1-3, 2003. 296 …if initiativesThe intertwined embraceLLivelihoodsivelih rootso rights,od…buts ofandan poverty,dconservationsecure Conservationconservationconse accessr vwealthatio cann to— canand resources alsoaargumentsr g endenvironmentalu providem upen and tenhancingsPolicy livelihoodsshaping hrealapi nthatparticipation degradationg thet benefits… poverty...hmatterse debatedebate!

McShane, T.,O. and M.P. Wells (eds.), Getting Biodi- Washington, D.C., 1988. versity Projects to Work: Towards More Effective Repetto, R. and M. Gillis, Public Policies and Misuse of Conservation and Development, Columbia University Forest Resources, Cambridge University Press, Cam- Press, New York (USA), 2004. bridge (UK), 1988. NCIP (National Commission on Indigenous Peoples), San Beda, Order of Saint Agustin Recollects, synopsis: URL address: http://www.ncip.gov.ph/mandate/ Historica dela Provincia de S. Nicolas de Tolentino ipra.htm, 2004. de las Islas Filipinas (1700). pp 502-503, 1925. NIPAS (National Integrated Protected Areas Program), Tongson, E. and M. Dino, Indigenous Peoples and Implementing rules and regulations, Administra- Protected Areas: The Case of Sibuyan Mangyan tive Order No. 25, Department of Environment and Tagabuki, pp:181-207 in McShane T.O. and M.P. Natural Resources, Quezon City, Manila, Philippines: Wells (eds.), Getting Biodiversity Projects to Work: 1992. Towards More Effective Conservation and Develop- Padilla, S., Surviving in a Changing World, WWF-Phil- ment, Columbia University Press, New York (USA), ippines Report (unpublished manuscript), 2002. 2004. Porter, D. and D. Ganapin, “Resources, Population World Bank, Philippine: Promoting Rural Equitable Ru- and the Philippines’ Future: A Case Study”, World ral Growth. http://www-wds.worldbank.org, 1998. Resources Paper No. 4. World Resources Institute,

TTigers,igers, peoplepeople andand participation—whereparticipation—where cconservationonservation andand livelihoodslivelihoods gogo handhand inin handhand AAshishshish KothariKothari andand NeemaNeema PathakPathak

ties were registered every year against “We are sharing power with the the villagers, large scale smuggling of communities, and becoming stronger sandalwood and poaching of wild ani- in the process”. These words of a for- mals was a common occurrence. As est offi cial kept ringing in our heads as one of India’s premier tiger reserves, we headed out of Periyar Tiger Reserve it had a substan- in Kerala, after a brief but eye-opening tial budget, and ““WeWe aarere ssharingharing visit. Over the four days we were there, a much larger ppowerower wwithith thethe com-com- we had seen living proof of the success staff than many that a participatory approach could less privileged mmunities,unities, aandnd bbecom-ecom- bring, and the transformation that can protected areas…. iingng strongerstronger inin thethe be achieved by a small dedicated group yet these were pprocess”rocess” of people. not adequate to stop the illegal activities. Conversely, Till about fi ve years back, Periyar was people who had lived in the area for faced with the same confl icts that decades and had a customary claim to plague most other wildlife protected ar- its resources for their livelihoods, faced eas in India. Relations between the Re- a constant battle to get access to such serve offi cials and local rural commu- resources because of wildlife and forest nities were tense, to say the least. At laws. Their alienation from the forest least a hundred cases of illegal activi- was undoubtedly partly responsible 297