and constrained from practicing their traditional customs. The standard of
living inside the Haran Compound, as appraised by the Commission, was
sub-human. While seemingly “safe” and housed in improvised shelters, they
were cramped in narrow spaces and were constantly exposed to the elements
amid changing weather conditions. The facilities were poor or inadequate.
The number of toilets was disproportionate to the Lumad’s number, and
bathing facilities were set-up without regard for privacy. Poor sanitation and
lack of garbage/waste disposals in the area contributed to the stench which
permeated the Compound. Most children were not bathed, had “sunken”
eyes and dry skin. Most had dirty clothes, if they were wearing clothes at all.
a. Development Rights – The encampment did not provide adequate
resources and facilities necessary for the mental, spiritual, moral, social
and psychological growth and development of the children. Article
23 of the UNCRC stipulates the right to special care, education, and
training of children with special needs. Article 28 provides for the right
to education and Article 31, to leisure, play, and rest.
b. Right to Education – While most of the 392 indigenous children
were with their parents, their education in the original communities
where they belong (Talaingod and Kapalong in Davao del Norte; San
Fernando and White Kulaman, Kitaotao in Bukidnon) was disrupted.
The children had to make do with “improvised classrooms,” including
the “multigrading” or the “collapsing” of five grade levels to two, due
to lack of teachers (e.g., Grades 1-3 and 4-5). The usual six-to-sevenhour a day schedule in a regular school was reduced. Needless to state,
multigrading affects the quality of education. The team observed two
ongoing classes conducted under a tree. Each “class” composed of 25-30
children was taught by one teacher. The classes were exposed to anyone
passing by within the Compound. Children had no individual tables and
chairs, and each class only had a small blackboard.
c. Play and Rest – The Compound hardly had space for almost 400
children to roam around and freely play inside. An art session conducted
by the Commission was a welcome respite for the children as they were
able to feel a sense of normalcy. Nineteen children elaborately drew their
community, their homes, a big basketball court, and green, spacious
playground. Most of them requested the team to come back and that
they be allowed to “draw and color” again.
d. Newborns – The Commission noted the presence of newborn babies
inside Haran. While mothers were breastfeeding, it was uncertain
whether the babies were given the prompt and special care needed, such
as pre-natal and post-natal baby screening, immunization, and proper
hygiene and sanitation. The encampment inside the poorly equipped
Compound certainly had adverse effects on the physical, mental,
emotional, and moral development of children.
124. Section 25 of IPRA provides a clear legal foundation for the protection of
indigenous entitlement to basic social services:
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