The indigenous cultural communities/Indigenous Peoples have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security. Particular attention should be paid to the rights and special needs of indigenous women, elderly, youth, children and differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government’s basic services which shall include, but not limited to, water and electric facilities, education, health, and infrastructure. 125. Regardless of whether the Lumad chose to remain in the UCCP Compound in Haran or to return to their respective ancestral domains, they are entitled to the respect, protection, and fulfilment of the above rights. Their right to durable solutions is also ensured in the UN Guiding Principles on Internal Displacement. Illegal Detention and Supplanting of Free, Prior and Informed Consent of the Lumad 126. Relevant to the discussion on whether the duty bearers forcibly entered the UCCP Compound on 23 July 2015 is the prior determination of whether all or some of the Lumad were detained against their will inside the Compound, hence necessitating the conduct of a rescue operation. 127. It was established that some people were lured to the Haran Compound with promises of money, goods, and other valuable considerations. They were made to believe that then-President Aquino, then-Rep. Pacquiao, and thenMayor Duterte would be there to dialogue with them. 128. But at the same time, it is also clear that some of the Lumad left their ancestral domains to escape from threats and harassments in the hands of the military and the Alamara. 129. Apparent in the discourse of whether or not the Lumad should remain in Haran is the lamentable fact that it became more a matter for the government and support groups to decide. Although some Lumad did articulate their positions on the matter, the contending sides – to a considerable degree – supplanted their free, prior, and informed consent rights. 130. The providing of social services was dangled by the DSWD to influence the decision of the Lumad. For instance, a DSWD representative declared that the DSWD committed to establish a day-care center in the community once the Lumad decided to return home. She also stated that the agency’s position was to provide assistance to the Lumad after they would have returned to their communities.127 There was also a concern raised that some 58 families were pressured not to enroll their children in STTICLC schools under threat of removal from the 4Ps program. 127 TSN dated 25 September 2015 – P.M. Session, pp. 73-74; 77; 80-81. 30

Select target paragraph3