The Indigenous Peoples concept of land ownership is far different from the States concept. Indigenous Peoples concept is not an individual possession but a communal ownership of a particular ethnic group based on Native Title or since time immemorial possession or occupation of a certain territory. This is the very reason why the Indigenous Peoples belonging to the Teduray and Lambangian of the Bangsamoro core territory did not have individual land titles. This concept is recognized under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and R.A. No. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA). IPRA recognizes the four (4) bundles of rights of the Indigenous Peoples, viz: 1) Right to Ancestral Domains and Lands, 2) Right to Self-Governance and Empowerment, 3) Social Justice and Human Rights, and 4) Cultural Integrity. IPRA is consistent with International standard because among the bases of its enactment is the UNDRIP and International Labor Organization Convention No. 169 (ILO Convention No. 169) This means that the United Nations and the Government of the Philippines is not just looking at the mere piece of land but for the preservation of culture and identity of the IPs. Indigenous Peoples rights is human rights, hence, derogation or dilution of one of the four bundles of IPs rights is human rights violation and violation of the International Convention on the Elimination of Racial Discrimination (ICERD).
Posted on: Sun, 14 Sep 2014 13:21:52 +0000
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