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World Heritage in Philippine Ancestral Domains: Negotiating

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World Heritage in Philippine Ancestral Domains: Negotiating PHILIPPINES RIGHTS AND WORLD HERITAGE BRIEF June 2016 World Heritage in Philippine Ancestral Domains: Negotiating Rights through Indigenous Heritage Three of the six World Heritage sites in the Philippines are situated within territories of indigenous peoples (IPs) who have lived in these lands for many generations. The Ifugao Rice Terraces (IRT), a ‘living cultural landscape,’ were carved out by the Ifugao. Apart from being haven for rich biodiversity that include endangered species, the natural heritage sites Puerto Princesa Underground River (PPUR) and Mt. Hamiguitan Range, are home to Tagbanwas, and to Mandaya and Manobo communities respectively. The outstanding universal values (OUVs) of the IRT, PPUR and Mt. Hamiguitan Range Wildlife Sanctuary owe largely to the lifeways of the IP groups that have through thousands of years sustainably managed these properties. Although IPs’ contributions in maintaining the sites are acknowledged and their rights are enshrined in the Indigenous Peoples’ Rights Act (IPRA) of 1997, poverty and other rights issues could only reflect difficulties in implementing rights-based approaches, including those that are borne by overlapping and/or conflicting provisions in heritage and environmental policies. The need to resolve contradictions and nuances between the IPRA and national environmental laws and WH policies is paramount for people to reclaim their heritage and realize their right to socio-economic and cultural well-being. In-depth researches and databases in these diverse natural and cultural settings are prerequisites for negotiations as well as for crafting site-specific and national policies and programs. A multi-disciplinary, participatory approach at all stages is indispensable given the very complex issues and sociocultural contexts. Being IP territories, customary law has being dealt with, some interventions are This brief presents information and governed the gamut of social life in random and even considered unlawful, and insights that were gathered from the Philippine WH sites that straddle on terrain some others hang without answers in April 11, 2016 roundtable discussion all or in part considered as ancestral sight. at the University of Santo Tomas in domain by people who have occupied or Rights concerns re land, resources and Manila, as well as from interviews, utilized these since time immemorial. property correspondence and relevant literature Indigenous communities have ensured on the tackled WH-IP sites. It is well-being of both people and environment Ancestral lands and domains are however focused on the issues by organizing activities according to their recognized within protected areas such as surrounding the Ifugao Rice Terraces needs and nature’s cycle, observing rituals the IRT and PPUR, but land ownership and and Puerto Princesa Underground to mark significant undertakings and utilization of land and natural resources River, as managers and/or events, celebrate bounty, as well as cope are restricted in accordance with representatives from said sites came with scarcity. protective measures. to participate in the roundtable The entry of formal institutions “imposed” discussion and share about the Lands classified as 'forest reserves' are new paradigms upon the traditional, such as situation in their respective areas. considered public domain by national law; protective restrictions that local people thus, most people living in the IRT like in desire to be emancipated from since these the rest of the mountainous regions only Environmental laws and policies attendant are perceived as “oppressive,” depriving possess Tax Declarations of Real Property, to national and international recognitions them of resources that they hold as kin which are not proofs of ownership. Some of the sites have unwittingly compromised groups or as communities. On the other people within the IRT and PPUR protected rights enjoyed by IPs in their ancestral hand, WH inscription was welcomed with areas hold Certificates of Ancestral Domain domains under customary law despite the the view that greater prestige would bring Claim (CADCs) as groups; however, issues goals within which they were framed. opportunities including those for livelihood, of ownership and control given national Disparities between policies and people’s improved social services and development government-defined categories remain. needs for sustenance and development as a whole. The WH label however also Unlike people who possess Certificates of are negotiated through participatory comes with requirements that run in Land Titles for privately-owned land, processes resulting in livelihood conflict with traditional activities as well as holders of tax declarations and CADCs interventions and in “internal agreements” with some new, but still local notions of could not sell or utilize their lands as that could operate around restrictions development. collateral for loans that are needed to perceived as unnecessary in the local finance emergencies, education and other context. Violations of laws continue as Tensions have emerged due to differences productive endeavors that could change some concerns remain at a stalemate in in vision and practice. At the center of life situations. the absence of immediate solutions. friction is a range of rights issues, arising Nonetheless, institutional resources may from the absence of remedies to balance Greater economic opportunities in the be tapped and enhanced to explore between protection of the natural and PPUR have drawn people and land potential courses of action that could cultural sites on one hand, and provision speculators from other places. Overlapping feasibly balance benefit for people and for people’s sustenance and development land surveys and unsanctioned issuance environment. on the other. While rights concerns are of barangay certificates over parcels of 1 land in the past led to sale of land, then to still, violations continue, largely occurring noticeable in the IRT and PPUR. Entities encroachment by mostly non-IPs on areas where people are poorest. Notably, about undertaking these are unaware of and/or covered by CADCs. A new land survey has 57% of the 1047 households in the four not complying with such standards. While cancelled the previous; barangay barangays within the PPUR fell under the infrastructure guidelines have already been issuances have been stopped; and at poverty line in 2009, ten years after WH drafted, these are still to be adopted and present, demolition is set for 15 houses of inscription the span of which saw the translated into local ordinances and non-IPs who have encroached into the expansion of tourist-oriented infrastructure incorporated into local development plans. CADC area. development and activities. Loss of heritage and risks to cultural WH policy upholds indigenous zoning in the Confronted with threats to economic integrity are threats as sites are exposed IRT based on traditional land use survival on one hand and prohibitions to tourism. The monetary valuation of designating forests, watersheds, terrace against some indigenous subsistence artefacts and cultural performances has farming areas, and hamlets where strategies on the other, local wisdom set off practices considered as residences conglomerate. Concerns about appears to guide negotiations that deal commodification and misappropriation of beyond-sustainable forest resource use with these issues: Different stakeholders culture. To respond to urgent financial and watershed degradation have been within the PPUR share a discrete needs, Ifugao cultural artefacts are sold by gradually addressed by multi-sectoral recognition that hunting wild boar for their their owners with some locals acting as efforts, with the concerned Ifugao local meat is sustainable when it is done the brokers. Taking cues from previous visitors government units (LGUs) and the Save the traditional way during the culturally- who have offered tokens, a number of Ifugao Terraces Movement (SITMo) at the defined hunting season. There is similar residents now charge tourists who wish to helm. However, some house constructions understanding that small-scale swidden peek into their native houses. Moreover, breach WH directives aimed at maintaining gardening helps alleviate household food some dances and other cultural the site’s OUVs in the attempt to build more insecurity and could be undertaken as long performances in both IRT and PPUR are cost-efficient, durable “modern” homes as precautionary measures, i.e. to prevent contrived out of context for tourists in with more space. Galvanized iron sheets forest fires, are put in place. exchange of fees. are preferred over the traditional thatched The PPUR Park Office’s main intervention to Impediments to participation, cogon grass for roofing. Dispersal outside respond to local people’s needs especially consultation and consent of the hamlets in a dot-like trajectory with the objective to abate exploitation of towards the terraces is notable. While one With both IPRA and WH policy in place, the natural resources, is boosting efforts to village agreed to undertake a return to participation and consultation of local create livelihood opportunities for the cogon-roofing with the initiative and stakeholders from planning to actual mostly IP population in the four barangays support of government, there is a implementation are conditions for the situated within the area. It provides stalemate especially on the people’s desire pursuit of projects and other initiatives technical
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