Today, 29 October 2020, the Commission on Human Rights (CHR) expresses solidarity with the indigenous communities in the Philippines as the country commemorates the 23rd anniversary of the passage of the Indigenous Peoples’ Rights Act (IPRA) and the National Indigenous Peoples Month in October.

In 1997, the enactment of IPRA made the Philippines the first country in Asia that recognised the struggles and aspirations of its indigenous peoples by way of a legal instrument that spelt in black and white an acknowledgement of the historical marginalisation of its indigenous peoples. But twenty-three years after its signing, the supposed landmark law continues to confront setbacks in fully realising the human rights and freedoms of indigenous Filipinos.

One of the key highlights of the IPRA is its adoption of the concept of “free and prior informed consent” (FPIC) as a means to protect indigenous rights and interests and give them a voice in matters that affect them. In this context, FPIC requires that indigenous communities be provided with adequate and accessible information; that consensus is determined in accordance with indigenous peoples’ customary laws and practices; and that it should be free from any external manipulation or coercion. Unfortunately, even with strong legal provisions in place, indigenous peoples have faced considerable challenges in upholding their right to give or withhold FPIC.

Based on the CHR experience on the ground, most of the human rights violations perpetrated against indigenous peoples are land-related harassments, attacks, and killings. Some also endured state repression when caught in conflict situations, while others experience continuing discrimination in accessing basic social services.

The resources lying within the indigenous peoples’ ancestral territories are being extracted for profits by a few but causes disruption in the lives of many communities. Such projects are usually couched in the language of development and are contrary to the best interest of the people. Not only does this leaves indigenous peoples displaced, militarised, or exploited for cheap labour, but this also leaves environmental destruction in its wake.

In line with this celebration, the Commission welcomes the renewed commitment of the National Commission on Indigenous Peoples (NCIP)—the agency created by the said law to be the primary government agency that formulates and implements policies for the recognition, promotion, and protection of the rights of the indigenous peoples—to correct injustices suffered by the indigenous communities.

Twenty-three years has been a long time to test the teeth of IPRA and to assess the milestones and gaps of its implementation. At this point, we need to revisit if the existing formal mechanisms, including other laws and policies that may pose threats to the rights of indigenous people, are still responsive to the goal of delivering social justice, and if it is really effective enough to hold perpetrators to account.

The Commission urges the government to ensure that indigenous peoples have genuine participation and representation in various governance processes. As a nation, we have the moral responsibility to rectify the long-held marginalisation and denial of rights against our indigenous brothers and sisters brought about by various social institutions. ###