An oversight body, the IP Human Rights Observatory, working towards achieving the aforementioned goals can oversee and referee three (3) partnership mechanisms: 1) the inter-agency
partnership; 2) the civil society partnership and the 3) IP partnership convened by an independent
Constitutional Commission (the CHR) that anchors itself on IP community-set indicators will result
in more responsive and effective remedial mechanisms as well as cost saving benefits to
government that comes with data sharing; Monitoring and Evaluation tool sharing and interagency
coordination for remediation.
V.a. Recommendations addressed to State Duty Bearers
a) The CHR recommends the review and amendment of the provision in the JAO 1 Series of
2012’s that indefinitely holds the issuance and registration of CADTs by the NCIP in order to
protect the Ancestral Domains from further encroachment.
It also advises the DENR and the DAR to adopt the cut-off date of November 22, 1997
effectivity of the IPRA to stop further survey plans for issuances of all manner of tenurial
instruments and other land titles beyond said cut-off date. Said review and amendment of this
JAO should be undertaken no later than ninety (90) days to be monitored by the CHR so that
no further delays violates the rights of IPs to own their ancestral domains.
b) The CHR endorses to Congress, the enhanced version of the BBL wherein the Mindanao IP
Legislative Assembly (MIPLA) made substantial recommendations for the creation of an
Independent IP Commission in Mindanao to protect IP rights in the establishment of the
Bangsamoro political entity.
c) The CHR advises all government agencies and instrumentalities that the FPIC requirement is
the IPRA-created mechanism to guarantee the rights to self-governance and selfdetermination of the IP and applies to all public and private actions that affect IP communities
as an indivisible whole. They are advised to seek FPIC before implementing their projects and
programs or risk prosecution under the penal provisions of the IPRA. They are advised to
participate in the partnership building with the IPs and Civil Society to facilitate the process of
seeking FPIC and adopting a common Monitoring and Evaluation system as well as sharing
of data relevant to IPs.
d) In the case of IP displacement and killings due to conflicts within the ancestral domain, the
CHR reiterates the recommendation from the Haran incident report that “calls on both the
Philippine Government and the NPA to refrain from creating conditions that cause indigenous
people to evacuate from their ancestral domains…(such as)…coercion, intimidation or
deception that will cause the (IPs) to leave their ancestral domains.” Further that this includes
“ refrain(ing) from recruiting indigenous peoples, especially children for activities relating to
the armed conflict”. CHR further calls on the state to investigate all parties in these conflicts
for possible violations of relevant laws and make the report of this investigation public.
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