THE ROAD TO EMPOWERMENT Strengthening the Indigenous Peoples Rights Act VOLUME I Old Ways, New Challenges Case Study Writers SEDFREY M. CANDELARIA VICTORIA P. DINOPOL GErt A. GUST REY DANILO C. LACSON JILL LOPEZ CARLOS P. MEDINA, JR. ESTER O. SEVILLA Editor YASMIN D. ARQUIZA Published by the International Labour Organization (ILO) in partnership with the United Nations Development Programme (UNDP), the National Commission on Indigenous Peoples (NCIP) and the New Zealand Agency for International Development (NZAID) 2007 Copyright © International Labour Organization 2007 First published 2007 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. 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ILO The Road to Empowerment: Strengthening the Indigenous Peoples Rights Act Volume 1: New ways, old challenges Manila, International Labour Office, 2007 ISBN 978-92-2-119701-0 ISBN 978-92-2-119702-7 (web pdf) The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ ilo.org For the complete text of case studies in this book, visit our website: www.ilo.org/manila Printed in the Philippines Also in this series Volume 2 Nurturing the Earth, Nurturing Life Message Indigenous peoples (IPs) in the Philippines have experienced poverty, marginalization and discrimination for many years. Hence, they are a significant target group for the International Labour Organization (ILO) under its Decent Work Country Programme.* A main pillar of ILO work is to pave the way for the broader social and economic advancement of women and men, their families and their communities. The ILO has two specialised programmes for promoting the rights and reducing poverty of IPs: The Project to Promote ILO Policy on Indigenous and Tribal Peoples (PRO 169) and the Interregional Programme to Support Self-Reliance of Indigenous and Tribal Peoples through Cooperatives and Self-Help Organizations (INDISCO). The two projects work in an integrated way to promote the rights of indigenous and tribal peoples and contribute to the improvement of their socio-economic situation, in compliance with the principles of ILO Convention No. 169, the Indigenous and Tribal Peoples Convention of 1989. Convention No. 169 is the only legally-binding international instrument open for ratification that deals exclusively with the rights of indigenous and tribal peoples. The Philippines’ Indigenous Peoples Rights Act (IPRA), R.A. 8371, of 1997 reflects the spirit and intent of the ILO convention which has not been ratified in the Philippines to date. The Road to Empowerment: Strengthening the Indigenous Peoples Rights Act documents the journey of Filipino IPs as they aspire to achieve decent work through the implementation of the IPRA. It also makes references to Convention No. 169 as well as to other related ILO conventions and international legal instruments. The two-volume publication comprises 13 case studies, culled from the experiences of IPs in selected communities throughout the country. The first volume deals with IP issues related to employment and discrimination, jurisdiction, customary governance, intellectual property rights, human rights and conflict resolution. The second volume contains chapters on change management, indigenous resource management, ecotourism, the role of IP women in managing ancestral domains, child labour among IPs, alternative health care, and indigenous education. The study is published through the project, “Development and Publication of Case Studies in Support of the Implementation of the IPRA” which was implemented by the ILO SRO Manila through PRO169-INDISCO in collaboration with the United Nations Development Programme (UNDP). The National Commission on Indigenous Peoples (NCIP), implementing agency for the IPRA, facilitated the “free and prior informed consent” (FPIC) of indigenous cultural communities included in the study and organized the workshops in which research findings could be verified. Implementation of the project was made possible through financial support from the New Zealand Agency for International Development (NZAID). All indigenous cultural communities involved in the study provided important information in documenting their experiences. Other partners in government, civil society and academe also gave invaluable contribution in validating the case studies. Maraming salamat sa lahat! LINDA WirtH Director, International Labour Organization Subregional Office for South-East Asia and the Pacific * The primary goal of the ILO is to promote opportunities for women and men to obtain decent and productive work in conditions of freedom, equity, security and human dignity. Message Since the passage of Republic Act 8371, also known as the “Indigenous Peoples’ Rights Act”, UNDP has been in the forefront of providing capacity to the Government of the Philippines for the empowerment of Indigenous Peoples. The sector, which is composed of an estimated population of 12 million, is recognized as one of the most vulnerable groups in the country. Many live in far-flung upland and coastal areas and are marginalized due to limited access to social services, markets and opportunities. The protection, promotion, and recognition of the rights of indigenous peoples are central to the work of UN and its agencies. UN’s work with Indigenous Peoples in the Philippines has been long- running through assistance in their tenurial security, governance, capacity-building, women and children, education and in the formulation of their Ancestral Domain Sustainable Development and Protection Plans (ADSDPPs). This set of case studies on Indigenous Peoples produced through the collaboration of New Zealand Agency for International Development (NZAID), International Labour Organization (ILO) and UNDP, provides a source of valuable empirical information based on cultural and sustainable environment practices, traditions and governance systems that can guide policy makers to be attuned to the distinctiveness of Indigenous Peoples. The Millennium Development Goals (MDGs) can only be fully achieved through the inclusion of all sectors. The meaningful participation of Indigenous Peoples in their own development and growth is central to achieving the MDGs. UNDP congratulates the authors of the case studies for sharing their valuable insights and analysis. My sincerest gratitude goes to the Indigenous Peoples’ Groups of the Philippines, NZAID and ILO, and to those who have helped make this initiative truly successful. Your hard work and commitment to complete this process is indeed commendable. Maraming salamat at mabuhay kayong lahat! NilEEMA NOBLE UNDP Resident Representative and UN Resident Coordinator Table of Contents Case Study 1 Indigenous Filipinos in the World of Work ..............................................1 Towards Equality and Non-Discrimination in Employment and Livelihood By GErt A. GUST Case Study 2 Who Decides? .................................................................................. 31 Jurisdiction and Indigenous Peoples’ Rights By SEDFREY M. CANDELARIA AND JILL LOPEZ Case Study 3 Timuay at Datu ................................................................................ 42 Indigenous Self-Governance in Teduray and Magindanaon Societies By ESTER O. SEVILLA AND DANILO C. LACSON Case Study 4 Copyright for the T’nalak ............................................................... 63 Protecting the Intellectual Property Rights of the T’boli People By SEDFREY M. CANDELARIA Case Study 5 Caught in the Crossfire ...................................................................