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Indigenous Peoples' Land and Cultural Rights, 2) the Effectiveness of The

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Indigenous Peoples' Land and Cultural Rights, 2) the Effectiveness of The Republic of the Philippines COMMISSION ON HUMAN RIGHTS Consolidated 2017 Report on the Human Rights Situation of Indigenous Peoples in the Philippines Chapter 1. Background It has been twenty years since the Philippines enacted Republic Act No. 8371 or the Indigenous Peoples Rights Act of 1997 (IPRA), and ten years since the international community adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Conscious of this fact, the Commission on Human Rights of the Philippines (CHR) inquires on the current situation of the Filipino Indigenous Peoples and has launched the National Inquiry on this subject on May 25-26, 2017 at Iloilo City, where the first public hearing was also held. The National Inquiry is intended to: • Identify adherence of laws, policies, rules, regulations, programmes, and projects concerning Indigenous Peoples with the standards of human rights; • Settle issues of facts relevant to the human rights situation of Indigenous Peoples (IPs) with focus on the three main thematic concerns: 1) the protection and promotion of the Indigenous Peoples' land and cultural rights, 2) the effectiveness of the current government process to obtain the Free, Prior and Informed Consent of Indigenous Peoples; and 3) the state of economic and social development of Indigenous Peoples in the Philippines; • Review the impacts of the Indigenous Peoples Rights Act of 1997 and identify areas of improvement; and • Increase understanding of human rights generally and commitment to better human rights observance through collaborative efforts that the Indigenous Peoples, as rights-holders, and the duty-bearers shall identify through the guidance of the Commission on Human Rights as lead convenor of the National Inquiry. Several public hearings were also convened in Puerto Princesa City, Palawan (August 15- 16, 2017), Tagaytay City, Cavite (August 22-23, 2017), Davao City (September 27-28, 2017), and Tagoloan, Misamis Oriental (October 26-27, 2017). The National Inquiry Approach The national inquiry process is developed and applied by National Human Rights Institutions (NHRIs) within the Asia Pacific region.1 It has been found to be especially useful in enabling a broad examination of a complex, systemic pattern of human rights violations. It deals 1 Asia Pacific Forum of National Human Rights Institutions and Raoul Wallenberg Institute of Human Rights and Humanitarian Law September 2012 (updated May 2017). Manual on Conducting a National Inquiry into Systemic Patterns of Human Rights Violations. 1 with large situations rather than individual complaints. While it can still result in recommendations that provide remedies for individuals, its principal focus is the systemic pattern of violation. “Systemic” or “historic pattern of human rights violation” refers to a complex situation subsuming two or more continuing or recurring instances of reported human rights violation resulting from causes attributed to the action or inaction of either state or non-state actors over a certain period of time. Action or omission of the state pertains or refers to certain policies and programs that have impacts on a large group or sector of the population or community deemed marginalized, disadvantaged, or vulnerable. Having this in mind, the national inquiry has high educational value. It introduces, exposes and explains a complex situation to the broad community, offering an analysis based in human rights law and providing recommendations for systemic responses.2 As such, the current process has been more of an inquiry on the solutions to the problems – Philippine style. The report on the National Inquiry provides the threshold information on the situation of the Filipino Indigenous Peoples for the particular period, and the recommendations shall be translated into policies and programs. The report guides the operationalization of the Indigenous Peoples' Human Rights Observatory (IPHRO), a structure under the auspices of the CHR, which monitors the status and progress of implementation of the recommendations. The monitoring function is a cooperative and shared effort between and among CHR, the Indigenous Peoples, the government agencies, and other support groups. More importantly, CHR has established more direct linkage with the IPs through the national inquiry, serving as CHR's ground monitors. The inquiry does not end in the publication of one report. Sustained efforts are necessary to follow-up and improve the human rights conditions of the Filipino IPs, thus ascertaining that CHR will issue annual reports on the topic. During the public hearings nationwide, resource persons who are members of the Indigenous Peoples (IPs) are present. They are the Akeanon Bukidnon, Ati Tumalalod, Ati Tina Hamtic, Iraynon Bukidnon, Panay Bukidnon, Sulod Bukidnon, Eskaya, Ata/Ati, Tribu Bukidnon, Tagbanua, Cagayanen, Palaw'an, Buhid, Sibuyan Mangyan, Taubuid, Mangyan Tagabukid, Ati, Bantoanon, Cuyonan, Batac, Dumagat, Ayta/Agta, Dumagat-Remontado, Kankanaey, Abeling, Bago, Ilongot, Manide, Kalanguya, Ayta Abellen, Teduray, Lambangian, T'boli, Erumanen ne Menuvu, Tagakaulo, Matigsalog, Dulangan Manobo, Bagobo-Tagabawa, Manobo-B’laan, Dibabawon, Mansaka, Mandaya, Ata-Manobo, Kalagan, Ata, Obu-Manobo, Bagobo-Klata, Sama, Sama of Tandubas, Sama-Dilaut of Sitangkai, Sama of Jolo, Yakan of Basilan, Sama of Simunul, Tausug of Jolo, Bajau of Bangas Island, Kolibugan of Zamboanga Sibugay, Sama Bajau of Zamboanga City, Sama Banguingui of Zamboanga City, Kolibugan of Zamboanga del Norte, Talaandig of Talakag, Bukidnon, Umayamnon of Bukidnon, Mamanwa/Kaotawan of Surigao del Sur, Banwaon of Agusan del Sur, Higaonon. Also in attendance as resource persons during the hearings are representatives from the government, such as the National Commission on Indigenous Peoples (NCIP), National Commission for Culture and the Arts (NCCA), Philippine Statistics Authority (PSA), Department of Environment and Natural Resources (DENR), Land Management Bureau (LMB), Environmental Management Bureau (LMB), Mines and Geosciences Bureau (MGB), 2 Ibid. 2 Department of Agrarian Reform (DAR), Department of Agriculture (DA), Department of the Interior and Local Government (DILG), National Economic and Development Authority (NEDA), National Anti-Poverty Commission (NAPC), Department of Education (DepEd), Department of Social Welfare and Development (DSWD), Palawan Council for Sustainable Development (PCSD), Department of Tourism (DOT) and Mindanao Development Authority (MinDA). There were several other government agencies; such as the Department of Labor and Employment (DOLE), National Housing Authority (NHA), Social Security System (SSS), Department of Health (DOH), Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), and Indigenous Peoples Mandatory Representatives (IPMRs) from the regions of Luzon, who earlier participated during the March 2-3, 2017 Baguio Conference on the Indigenous Peoples' Right to Development where the design of the National Inquiry was originally deliberated. Towards an Indigenous Peoples Human Rights Observatory (IPHRO) As part of the process of the national inquiry, we consolidated the various comments and recommendations of resource persons from both the Indigenous Peoples (IP) rights holders and key state duty bearers on the proposal for an INDIGEOUS PEOPLES HUMAN RIGHTS OBSERVATORY or IPHRO. A conceptual framework of the IPHRO was developed from the analysis of the situation of the Filipino Indigenous Peoples as well as the analysis of the gaps from the responses and commitments of key state duty bearers. From this conceptual framework, we identified the operative elements of the proposed IPHRO including the key set of issues that affects the fulfillment of IP rights that will be the focus of its monitoring & evaluation, its possible component programs as well as an initial design for a Results-Based Management (RBM) and Human Rights Based Approach (HRBA) M&E system and tool with a set of proposed outcome and impact indicators. The proposed M&E system and tool were developed utilizing the O.PE.R.A. (Outcome, Policy Efforts, Resources & Assessment) framework of ESCR (Economic, Social, and Cultural Rights) monitoring as well as the Indigenous Navigator tool recommended by the UN Permanent Forum on Indigenous Issues. Participants of the IP National Inquiry which included relevant national government agencies, leaders of IP communities and IPMRs (IP Mandatory Representatives) were consulted through three (3) main workshops, as follows: a) Workshop 1-A was on the government agencies mandates vis-a-vis promotion & protection of IP rights. In parallel, the concurrent workshop 1-B for the IP representatives focused on their human rights situations per locality, relevance of the government agencies IP-related programs & projects and challenges encountered in demanding services and support from the state for IP-related needs. b) Workshop 2 was on monitoring fulfillment of IP rights, including existing M&E systems used by state and non-state actors to monitor fulfillment of IP rights c) Workshop 3 was on the initial notions of an IP Rights Observatory and the national inquiry 3 on IP rights focusing on issues and concerns that these will covered as well as proposed operative elements and processes that should be incorporated in the IPHRO. The results of all these public hearings and workshops were presented to representatives of major IPOs and national government agencies in a final validation workshop held last 20 November 2017
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