The Philippine Indigenous People and their Customary Laws

The Philippine Indigenous Peoples and Their Customary Laws
Estrella F. Catarata
Executive Director
Philippine Network of Food Security Programmes Inc.

Topic Outline
• The Indigenous Peoples (IP)
• Who are They in the Philippines ?
• What are Customary Laws
• The Free, Prior and Informed
Consent (FPIC)
• How are These Violated?
• Case Presentations
• IP Agenda and Calls
Property of: Philippine Network of Food Security Programmes (PNFSP)

Demographic Profile of Indigenous
Peoples
 The National Commission on Indigenous
Peoples (NCIP) estimates the population of
indigenous peoples (IPs) in the Philippines to
be around 12 million.
 IPs roughly constitute 13% of the total
population of the Philippines.
 61 % of indigenous peoples is found in
Mindanao, 33 % in Luzon, and 6 % in
Visayas.

Geographic Distribution:
 Indigenous peoples are spread out in more
than 100 ethno-linguistic groups located in 65
of the country’s provinces.
 Lumad peoples comprise the majority among
IP groups in the country followed by the
Cordillera peoples. Other distinct IP groups
include the Caraballo Tribes, the Mangyan, the
Negrito/Aeta, the Palawan Hilltribes, and the
groups in the Visayas.
 The Bangsamoro – Muslims in Mindanao were
used to be “lumads” who were “Islamized” in
the 13th century ; 13 ethnolinguistic groups;
Islam distinguished the Moros from other IP’s
and also served as ideological foundation to
effectively resist foreign intrusion

Igorots
Palawan
groups
Mangyans
Aetas
Caraballo
groups
Dumagats
Ati &
Tumanduk
Lumads Bangsamoro

Definition of Indigenous Peoples
• Indigenous peoples were referred to as “national minorities” by the 1973 Philippine Constitution
and as “national cultural minorities” by the 1987 Constitution.
• With the passage of the Indigenous Peoples Rights Act in 1997, they are now referred to as
indigenous peoples (IPs) or indigenous cultural communities (ICCs).

IPRA Definition of IPs:
“A group of people or homogeneous societies
identified by self-ascription and ascription by
others, who have continually lived as
organized communities on community
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, become
historically differentiated from the majority of
Filipinos. …”

• Land is life. It is the “territorial base
that is indispensable as the living
space for the community and its
sources of food and other needs” (Ibid).
• It is their abode since time
immemorial
• It is the material basis of their
collective identity and survival as
indigenous peoples
Ancestral land and indigenous peoples
Land is embedded on the existence of the indigenous
people, which is directly related to their culture and
immediate environment (Fernandez V: 1983 in Montillo-Burton: 2003).

“All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the
State.”
The Regalian Doctrine
in the 1987 Constitution:
Ancestral domain to the indigenous peoples is a holistic concept encompassing not
only the land but including its resources: the rivers, forests, the flora and fauna, the
minerals underneath and the air above. It is not a commodity to be sold or exchanged
but a resource to be nurtured for future generations.

Contradictory land systems
ANCESTRAL LAND
• Extreme diversity & flexibility in forms of
ownership: from communal to semi-
communal to private
• Rights to land derived from inheritance,
labor, actual improvements
• Ownership and rights regulated through
customary laws, which the communities
themselves evolved
• Viewed as collective legacy, to be maintained
across many generations
• Source of life and livelihood for its occupants
STATE SYSTEM OF LAND
OWNERSHIP
• Highly rigid forms of ownership: basically, either
public or private
• Rights to land granted by state and/or sale
• Ownership and rights defined by national
laws, which are beyond the direct control of
communities
• Viewed as investment to generate profit, or as
disposable property
• Just one of several factors of production
Source: Jill Carino TFIPProperty of: Philippine Network of Food Security Programmes (PNFSP)

Customary Laws
• “The laws, practices, customs of indigenous and local communities which are an
intrinsic and central part of the way of life of these communities. Customary laws are
embedded in the culture and values of a community or society; they govern
acceptable standard of behaviour and are actively enforced by members of the
community.”
• Generally, customary laws are not written , but are transmitted through oral tradition
and practice. Since time immemorial, indigenous peoples have regulated their societies
by internal social-political and cultural religious structures and processes. These
informal and flexible rules and functions or customs and traditions were passed on
from one generation to the next , eventually evolving into customary laws that are
enforced by the community. (Customary Laws and FPIC, TFIP 2013)

Free Prior and Informed Consent
• “FPIC is the consensus of all members of the ICC’s/IP’s to be determined in accordance with
their respective customary laws and practices, free from any external manipulation, interference and
coercion, and obtained after fully disclosing the intent and scope of an activity, in a language and
process understandable to the community” (IPRA section 3).
• FPIC is “an inherent right of the IP’s in the exercise of right to self determination . At the same
time, it is a tool provided by various legal instruments at the national and international levels
which can be used as a defense mechanism in the face of threats to land, life and resources”
(Customary Laws and FPIC, TFIP 2013).

Case Studies (TFIP 2013)
1. Palaw-an of Sofronio Espanola, Southern Palawan
 total land area of 47,391 hectares - Mt. Mantalingahan range
and wide plains traversed by numerous rivers
IP’s comprised more than 25% of the population – Bisaya and
Muslims
 Customary laws (Sara et Palaw-an) form part of cultural
heritage – primary importance to harmony and balance with
the self, society and nature practiced community consensus
means united decision of the whole - voice of every member is
valued, regardless of gender and age . Prime leadership figure
are the traditional leaders who govern collectively
Tradition leaders facilitate a meeting (ukuman) to deliberate
cases with whole community involved where complaints and
problems are heard; venue to deliberate a decision; .

Palaw-an of Sofronio Espanola, Southern Palawan ……
 however, encroachment of settlers and imposition of various state policies
fragmented Palaw an territories and weakened traditional structures – basic
political unit called “rurungan”
 traditional leaders were appointed as chieftains by OSCC without following
customary laws, traditional governance became adulterated and Palaw-an
rarely had a voice in local decision making process
 this triggered land grabbing and violence; in late 90’s Olympic Mines and
Dev’t entered and operated Palawan Hill Cement
 In 2005, Platinum Group Metals Corp. Bought mining rights from OMD
facilitated by NCIP and LGU through the conduct of so-called “FPIC”
 In 2007, MPSA permit was issued to Citinickel Mining Corp. This was
questioned by many IP leaders however, Citinickel said no need for FPIC
since consultation with LGU’s have been done and they offered a MOA
highlighting a 1% share of communities from mining revenue which NCIP
and LGU’s upheld
 then another widespread LUC for oil palm plantations followed again
without FPIC which covered 8000 hectares which areas are supposedly
declared as “protected key biodiversity area”

2. Case Study: Iraya Mangyan of Abra de Ilog, Mindoro Occidental
• Iraya IP’s inhabit the inner mountains and low
lying areas of northern municipalities in Mindoro
• Ancestors were former coastal dwellers who were
displaced due to historical invasions of pirates,
pasture ranchers, land lords, logging activities and
population mobility of landless peasant settlers
• Iraya have become nomadic semi-communal
communities, forest hunters, knowledgeable in
medicinal plants and spiritual healing
• Traditional governance is collective and kinship –
based – leaders are elders representing
families/clans
• Guiding principle of life is wholeness or unity or
“kausunan” and to maintain this, respect and
concern for others over oneself is fundamental

The Iraya – Mangyan in Mindoro
• Asking permission is a basic courtesy in order to prevent
inflicting harm
• Cases affecting majority require permission from the
community through the elders facilitating community
consultation
• Community Consensus is the clear unity of community in
decision making process
• Conflict came during 1950’s when government ordered the
Iraya’s to settle into “barrios”
• To cope, elders agreed to establish boundaries through rivers
as delineation markers to ensure space for every clan
• Dynamics and interactions were disrupted as they were under
political jurisdiction of local barangay units

2. Case Study: Iraya Mangyan of Abra de Ilog, Mindoro Occidental
• Despite having Iraya officials representing them in municipal meetings, communities and their elders were no
longer consulted – customary laws and leadership values were undermined - eclipsed by hierarchical structures
and bureaucratic relationships
• Some community leaders became susceptible to dictates and influence of LGU’s, NCIP and corporate interests
• Since then, Abra de Ilog became mining prospect of Agusan Petroleum and Mineral Corp. owned by SMC
• In 2008, APMC secured FTAA – covering largest exploration permits for gold, silver, copper and zinc covering
53,952 hectares which covers 63% of Abra de Ilog area encompassing 8 barangays
• NCIP and APMC undertook actions to obtain FPIC of Iraya marked by deception, threats, bribery, use of
signatures in attendance sheet to show consent and promises of money for projects and CADT processing
• The signing of MOA between APMC and few Iraya elders was held in Batangas by transporting them into a
ship and forcing them to sign
• This resulted to disunity in which, those who signed MOA later revoked their signatures and exposed the
anomalies of the FPIC process by NCIP
• Despite anomalies and dissent by Iraya, NCIP released Compliance Certificate of FPIC to Abra de Ilog’s mayor
officer
• Formation of municipal and inter tribal organizations of Iraya and other Mangyan group followed to protest
mining
• Currently APMC is renewing its FTAA and FPIC process may follow……

3. Case Study: Higaonon Tribe of Opol, Misamis Oriental
• Engage mainly in agriculture – rice, corn and coconuts
• Ancestors since pre colonial times – animal hunting,
gathering honey and small agriculture
• Higaonon – people of the living mountains
• Customary law is promoting peace and unity
• Displacement started in 1952 when government leased
the area to a certain Captain and made a cattle pasture
ground
• In 1978, Paras family leased another area through the
government for cattle ranch

The Higaonon tribe in
Opol, Misamis Oriental
• Then in 1991, came group of migrant farmers
who were granted CBFMA in 2000
• So Higaonons tried to reclaim their land by
applying Ancestral Domain claim in 2002
which still under process by NCIP
• In 2010, A Brown Coy (BRN) started to
develop the old Paras cattle ranch into Oil
Palm Plantation
• No FPIC, they pursue the conversion
• In 2011, tribal leaders and indigenous villagers
formed their organization, “Pangalasag” –
indigenous shield to protect them from the
long experience of being deprived of their
land rights and entry of oil palm plantations

4. Case Study: Kankanaey, Applai and Bontok Peoples of Sagada and Bontoc,
Mountain Province
• Strongly practiced their respective customary laws and beliefs in the process of giving or withholding consent
• Decision by consensus: one person opposing is enough to thoroughly discuss the merits of public good vis individual
rights – person should be convinced that her right is not disregarded/should be properly compensated.
• In accordance with customary practice called “asug” – collective convincing of a person to consider public benefit in
exchange for individual right that she has relinquished
• First case: SMART was eventually given consent to put up telecom tower but “it was not free nor was it informed”
• Elders were ‘bribed”
• SMART did not disclose the prevailing rates for land rent for telecom towers so people kept on asking for increase in
land rental
• Second tower by Globe with consent from owner of lot but no community consent
• So, IP residents submitted a petition due to absence of ECC and FPIC
• Third tower by Globe in Bontoc put up in 2006 had no ECC and FPIC.
• IP’s submitted a petition to DENR and NCIP
• In 2008, Globe dismantled their tower

Some extractive industries on indigenous peoples’ lands:
•Western Mining Corporation/ Sagittarius
Mines/Tampakan Group of Companies
(Australia-Phils) – affecting 100,000 hectares of
land in Tampakan and Columbio towns, Sultan
Kudarat Province on ancestral lands of B’laan
indigenous group;
•Climax-Arimco Mining (Australia) – affecting
32 villages of Ifugao, indigenous groups in
Nueva Vizcaya and Quirino Provinces, North-
Central Luzon;
• Pending large scale mining applications
covering 1.2 million hectares of indigenous
peoples’ lands in the Cordillera Region
•Toronto Ventures Incorporated - threatening to
displace Subanen indigenous peoples in Mt.
Canatuan in Siocon, Zamboanga del Norte.
•Alcantara & Sons (ALSON), a huge plywood
company and logging concessionaire
operating an Industrial Forestry
Management Agreement (IFMA) covering
29,000 has. of Ata-Manobo ancestral lands

The presence of large
scale mining operations,
mega dams , logging
operations and agro-fuel
plantations within
indigenous peoples’
domain has an adverse
impact on the IP
communities food and
livelihood system.
Extractive industries through Mining Act of
1995

human rights concerns
• Despite IPRA as a legal safeguard,
military operations have accompanied
the implementation of mining,
logging, and energy projects because
of the people’s opposition to them.
Army troops are regularly deployed in
the territories of the Agtas, Aetas,
Mangyans, Lumads, and Igorots
• As of latest, 34 recorded extra judicial
killings since 2010
• 15 SLAPPS (Strategic Lawsuits
Against Public Participation) against
IP leaders and advocates
San Roque Dam construction in the Cordillera

Way Forward
• Respect and protect Customary Laws and
indigenous values as a means to assert right to land
and self determination
• Advocacy campaigns to engage LGU’s/LGA’s and
other CSO’s on IP issues and concerns
• Policy proposals and reforms recognizing
customary laws and community protocols in FPIC.
The Indigenous Peoples Right to FPIC and self –
determination
• advocate against large scale destructive mining
and widespread land use conversion and revoke
permits and agreements where there is no genuine
FPIC or FPIC is violated
• multi-stakeholder dialogues at the municipal,
district and provincial levels where there are
issues pertaining to mining, land use conversion,
destructive projects

“ The ultimate solution to the plight of the indigenous peoples in the Philippines is the recognition of their
collective right to self-determination.
Self-Determination means the right of indigenous peoples to freely determine their political status and freely
pursue their economic, social and cultural development.
For as long as the indigenous peoples’ lives are threatened, their struggles to defend their land and resources will
continue, until their rights to equality and self-determination are fully recognized and respected.”
Jill Carino, Philippine TFIP Convenor

"You ask us if we own the land. And mock us, 'Where is your title?' Such
arrogance of owning the land when you shall be owned by it. How can
you own that which will outlive you?"

Sources and References:
• Philippine Task Force on Indigenous Peoples – composed of ---- members
• Ms. Jill Carino, State of Indigenous Peoples in the Philippines
• Mr. Tyron Beyer, Indigenous Knowledge Systems and Food Security
• Customary Laws and Free Prior and Informed Consent TFIP 2013
• National Commission on Indigenous Peoples (NCIP) –
• IPRA (Indigenous People’s Right Act)
• www.engagemedia.org
• www.pinoyweekly.org
• inquire@humanrightsphilippines.net
• www.nordis.net
• Rural Missionaries of the Philippines (NMR)
• UCCP – IDPIP

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