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.
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