1. Indigenous Peoples, Self-Determination and Human Security
Village
Forum
Indigenous Peoples, Self-Determination and Human Security
Jo Ann L. Guillao Presenter

2. A “Rights-Based” Approach
WHAT is SELF-DETERMINATION?
Self-determination embodies the right for all peoples to determine their own economic, social and cultural development and enjoy peace and security.
“Everyone has the right to a standard of living adequate for the health and well-being of himself & of his family…including food…”

3. The Right to Self-Determination
“All peoples have the rights of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”
The right of self-determination of peoples is a fundamental principle in international law.
It is embodied in the Charter of the United Nations and the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Common Article 1, paragraph 1 of these Covenants provides that:

4. UNDRIP UN Declaration on the Rights of Indigenous Peoples
25 years in the making
Adopted by the UN General Assembly (September 13, 2007)
144 states in favor, 4 against (Australia, Canada, New Zealand and the United States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya, Nigeria, Russian Federation, Samoa and Ukraine)
Since - Australia and New Zealand endorsed; Colombia and Samoa support; US reassessing its position (as of April 2010) moves are being made for the province of Quebec (within Canada) to support on their own

5. UNDRIP Highlights
comprehensive statement addressing the human rights of indigenous peoples
emphasizes the rights of indigenous peoples to
live in dignity;
maintain and strengthen their own way of life; and
pursue self-determined development
46 articles
17 are on how to protect and promote indigenous culture
15 are about direct participation in all decisions that will affect their lives

6. Rights Ensured
right to fully enjoy all human (individual and collective) rights and fundamental freedoms as recognized in the Universal Declaration of Human Rights
right to be free from any kind of discrimination
right to self-determination
right to maintain and strengthen distinct political, legal, economic, social and cultural institutions
subsistence rights and rights to lands, territories and resources
right to participate fully, if they choose to, in the political, economic, social and cultural life of the state

7. Importance of UNDRIP
while technically non-binding - an “aspirational document” - it’s a giant step in international legal norms
significant tool in eliminating human rights violations toward 370 million indigenous people worldwide
requires new approaches to global issues, e.g., development, multiculturalism, devolution of power and decentralization
requires participatory approaches based on effective consultation and partnership
It contributes to the enhancement of the human security of indigenous peoples.

8. How to Implement the UNDRIP
instrument of litigation to set precedent as part of international common law
support efforts to implement “Free Prior and Informed Consent” (FPIC) in international agreements and national
(see Articles 10, 11, 19, 28, 29, 30)
force full disclosure of risks and violations of UNDRIP in annual reports of corporations and international agencies
use UNDRIP as an analytical tool to generate alternatives to current trade and investment agreements

9. IP Rights in the Philippine Context

10. Milestones in Recognizing the Rights of Indigenous Peoples in the Philippines
Constitution of the Republic of the Philippines, 1987
Indigenous Peoples’ Rights Act (IPRA), October, 1997
C169 (revised ILO C107,1959) Adopted 7 June 1989, came into force in 1991
UNDRIP – September 2007 (UN Draft Declaration On IPs)

11. Who are the indigenous peoples according to IPRA/ RA 8371
... a group of people or homogenous societies identified by self- ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of the Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non indigenous religions and cultures, or the establishment of the present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.

12. Bundle of Rights of Indigenous Peoples
Right to Ancestral Domains/Lands Ownership (native title)
Right to self-governance and empowerment Right to Social Justice & Human Rights / Equal protection and non-discrimination
Right to Social Justice & Human Rights
Right to Cultural Integrity

13. Right to Ancestral Domains/Lands Ownership (native title)
To develop and manage lands and natural resources;
Stay in territories;
In case of displacement;
Regulate entry of migrants;
Claim reservations;
Safe and clean air and water;
Resolve conflicts through customary law;
FPIC

14. To be granted means to develop their own institutions and initiatives
Right to self-governance and empowerment/ Right to Social Justice & Human Rights / Equal protection and non-discrimination
Freely pursue their economic, social and cultural development; Use commonly accepted justice systems, conflict resolution institutions, peace building mechanisms and other customary laws
Participate in decision-making that may affect their lives and to maintain and develop their own indigenous political structures
Representation in policy-making bodies and local legislative councils Determine their own priorities for development
To organize (IPO)
To be granted means to develop their own institutions and initiatives

15. Right to Social Justice and Human Rights
Equal protection and non-discrimination. The fundamental human rights and freedoms enshrined in the constitution and relevant international instruments are guaranteed to ICCs/IPs
Rights during armed conflict
Non-discrimination and equal opportunity and treatment
Basic Services
Integrated system of education
Rights of women, youth and children

16. Right to Cultural Integrity
To preserve & protect their culture, traditions and institutions
Access to various cultural opportunities
Dignity and diversity of cultures
Community intellectual rights
Religious, cultural sites and ceremonies
IKSPs and develop their own science & technologies
Protect their resources and FPIC
Sustainable agro-technological development
Funds for archaeological, historical sites & artifacts

17. Current Philippine Initiatives of Indigenous Peoples
Indigenous peoples have their indigenous knowledge systems and practices contributing to sustainable development (e.g. IP Education, currently implemented under K-12 since 2011, indigenous natural resource management)
We have “diverse economies”- development with culture and identity (e.g. shifting agriculture)
Indigenous peoples have indigenous political system and governance essential to achieving justice and peace (e.g. bodong or peace pact system, dap-ay system, recognition and integration in the local government system)

18. As indigenous peoples, we should always assert our right to determine our development agenda including our right to enjoy peace and secure life. As we discuss on peace and other issues affecting us, our indigenous brothers and sisters in any region are still experiencing militarization in their lands, violence and displacement. To attain peace in various conflicts we are facing as indigenous peoples, we must be given equal participation in any plans for peace and resolution. The pathway to peace and human security means the exercise of self-determination that resist any act of violence and conflict.

19. Namuaw. Maraming salamat. Thank you very much.