LRC-KsK/FOE-Philippines

October 20, 2009

 Colonial Period
• Assimilation of IPs
• Indigenous peoples who were not
assimilated were called “non-Christian
tribes”, “savage tribes”
• “Less enlightened minorities of our
population”
Cariňo vs. Insular Government (212
US 449 [1909])
• Recognition of native title
1956 – 1987 : Integration into the
mainstream of Philippine society
1987 Constitution: “Recognition” of
indigenous peoples rights, however,
such recognition is subject to
national development policies
and programs.
 1935, 1973, 1987
Philippine
Constitution
 Legal fiction which
states that all
titles were valid
only when it could
be shown that it
originated from a
grant or sale from
the Crown, or its
conceptual heir,
the State
“…when, as far back as
testimony or memory
goes, the land has been
held by individuals
under a claim of private
ownership, it will be
presumed to have been
held in the same way
from before the Spanish
conquest, and never to
have been public
land…”
 - 12 million of the
90 million population
- 61% are in Mindanao,
33% are in Luzon, and
6% scattered in the
Visayas
 SLOW
RECO
I O NS OF IP GNITIO
N
OPT RIGHT
URIA L S
TEN
RIGHTS UNDER
IPRA
VERSUS
NCIP has stated that immigrant IPs are not afforded the
same right to FPIC.
Indigenous leaders and support groups went to the CERD
to seek redress on the discrimination that IPs suffer from
Communit
y
Community empowerment
Legal servicing
Paralegal formation
Quick reaction teams
Policyengagements with legislative,
executive and judiciary
National and international
Networking
Campaigning
mobilizations
Filing of policy-determining cases
?
IP
Movement