V. RECOMMENDATIONS ARISING FROM KEY FINDINGS
The Report lists many urgent concerns among IP that should awaken the State duty bearers to
their responsibilities. It also summarizes the remarkable efforts of civil society at addressing
government lapses in IP Rights protection and promotion.
From a discussion of the CHR Perspective, it is clear that the only way in which government as
State Duty Bearer can deal with IP giving full respect to their collective rights, is for a forum to be
created and refereed by the CHR, wherein the relationship of direct partnership is established
bring the GRP (Government of the Republic of the Philippines) on equal footing with every selfgoverning IP structure.
Moreover, the over-all recommendation for an IP Human Rights Observatory in the CHR takes
advantage of the CHR’s being an independent Constitutional Commission organized in all regions
of the country as well as being an NHRI enjoying an international Class A status at the UN. It is
thus uniquely positioned to perform coordinating as well as oversight functions in a qualitatively
higher stage of IP Human Rights Protection and Promotion that is tailored to fit Philippine IPs.
The IP Observatory consciously seeks to avoid being just another layer of bureaucracy. It seeks
to rationalize government services to maximize measurable effects on its service beneficiaries.
It seeks to build a central data bank for IP for more informed policy-making, for academic
research, and to allow IPs to effectively access government services as well as local and
international funds for development of their Ancestral Domains. Overall, it seeks to create an
appreciation for the alternative paradigm for development inherent in the IP which has protected
their domains for millennia and which is now universally praised and prized with the onslaught of
Climate Change.
It seeks to overcome the attitude that objectifies the IP as “target beneficiaries” that serves the
government, civil society organizations, or other non-State entities more than it serves the
beneficiaries. Finally, it seeks to promote a culture of mutual benefit partnerships that saves on
valuable resources in terms of time, effort and taxpayers money that, while acknowledging the
unquantifiable contributions of all partners, raises the need for quantifiers to establish an
acceptable mean in the relationship with the IP given the mandatory character of State obligations
and laws enforcing the same.
With the IP Human Rights Observatory refereeing the partnership — government, civil society
and IP will have pooled their efforts for the national benefit.
It is government’s duty to periodically assess itself for its performance and they do this internally
as civil service rules require but they have yet to assess their relevance to the public they serve.
One way for this to be done is by institutionalizing a Human Rights-Based Monitoring and
Evaluation mechanisms in government services. Currently, this attitude and service is in its
seminal stages among government agencies as this Report has documented.
Objectively gauging performances with indicators that the IP service beneficiaries themselves
have set after a process of securing their free and informed prior consent, is here envisioned to
guarantee good impact, responsiveness, efficiency and accountability.
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