accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.” 136. Under the IPRA and international law, the contemporary requirement for IPs’ FPIC is primarily premised on their recognition as peoples who are vested with the right to self-determination and who have their own perspectives on matters affecting them. Within this HR framework, the requirement is also derived from the collective dimensions of their rights, including rights to property, to develop and maintain their cultures, to autonomy, and the associated practice of customary law and maintenance and development of their own institutions. 137. The Commission adds that, when the Lumad decide of their own free will to return to their ancestral domains, these must be guaranteed to be safe havens for them, their peace unmarred or undisturbed by armed conflicts and threats to their lives and security. All armed groups – military, paramilitary, and NPA – should respect the wishes of the Lumad for pull-out and/or cessation of activities that disrupt their collective existence. Only under an atmosphere of peace can they co-exist peacefully and maintain their cultural identity. Attempt to Forcibly Enter the UCCP Compound 138. The support group of the Lumad inside Haran alleged that the police forcibly entered the Compound. From the video footage showing Atty. Kay V. Paquera and PSupt. Marvin Pepino discussing the rescue operation of the DSWD, the police invoked the mandate of the DSWD to rescue children and women. According to PSupt. Pepino, the police were deputized to assist and secure the way for those who wanted to go home. The lawyer insisted that UCCP is private property, and therefore, the police could not just enter. 139. Video footage also showed a man in civilian clothing who forcibly opened the UCCP Haran gate. Then a commotion ensued outside the Haran gate.132 This resulted in the injury of one Lumad and two police personnel, with both sides accusing the other of initiating the attack. 140. As can be deduced from the video footage, the PNP forcibly opened the UCCP Haran gate, but did not enter the Haran Compound. When the gate was opened, the people inside the Compound blocked the entrance and prevented the police from entering. At this junction, the two groups clashed, resulting in injuries on both sides. 141. PSupt. Danao clarified133 that they were originally not aware of the presence of Lumad in UCCP. They only came to know about this and the fact that the Lumad had already been in the Compound for more than a year during a meeting convened by Rep. Nancy Catamco after she visited Haran. They were also not aware that some had already died, with one committing suicide, inside the UCCP Compound. He explained that they were part of the inter-agency group which planned the rescue by way of assistance to the DSWD. He reiterated that they were there not to force the Lumad to 132 See video footage on the commotion at Haran gate. 133 See summary of PSupt. Danao’s testimony, paras. 130-131, pp. 39-40. 32

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