30
2020 Annual Report on the Human Rights Situation in the Philippines
community quarantine (ECQ) and throughout this COVID-193 pandemic.” Government
support to the IP communities must be strengthened with utmost consideration to their
cultural practices and specific needs.131
83
With respect to IPs/ICCs Right to Ancestral Domain, there were reports of continuing
development aggression even during the pandemic and CHR Regional Offices docketing
cases of the violation of the Free, Prior, and Informed Consent (FPIC) process. There
were also reports of pressing and persistent concerns on overlapping and conflicting land
claims, discrepancies in issuance of permits, delays in land titling, and absence of clear
identification of the concerned line agencies that will undertake surveys and delineation.
84
On the Right to Self-Governance and Empowerment, there were reports of Indigenous
Peoples Mandatory Representatives (IPMRs) not being allowed to assume office or were
refused to be recognized as elected IPMRs. There were also reports of IPMRs not being
given their full honorarium as that of a regular member of the Sanggunian.132
85
Regional offices reported issues on IPs/ICCs Right to Social Justice and Human Rights
which covers their access to basic services, the militarization of ancestral domains which
has led to displacements, institutionalized discrimination faced by IPs, loss of livelihood
due to the COVID-19 pandemic, right to information, right to education, and right to
shelter.
86
In regional reports from January to June 2020, CHR CAR observed the persistence of
the misrepresentation of cultural dances and indigenous attires, seen in LGU-led festivals
where dances are overdone or choreographed for entertainment’s sake. The same is seen
in beauty pageants where so-called indigenous attires get overly done that no IP group
would willingly own it. CHR Region XI added that because of public health and safety
measures, “the conduct of rituals was also affected due to the pandemic such as restriction
of regular meeting of council of elders during Enhanced Community Quarantine (ECQ),
their socialization and sharing of resources were also limited due to social distancing
[policies].”133 134
87
Clearly, indigenous communities in parts of ancestral Mindanao are fracturing in conflict.
In these conflict areas, three faces of the Lumad have emerged: that of the CPP-NPA;
that of paramilitary groups supported by the military; and that of the largely uneducated,
hapless Lumad majority, caught in the crossfires.
88
Fear and poverty, abetted by government neglect and decades of exploitation, have also
contributed to making the Lumad vulnerable to displacement.
89
The CHR recognizes that displacement also affects IPs’ exercise of the right to selfdetermination and a host of other rights that come with it. Article 1 of the UNICCPR,
as well as Article 1 of the UNICESCR, specifically provide for the right of all peoples to
self-determination, including the right to determine their political status and economic,
social, and cultural development. International law obliges every State to acknowledge that
the right to lands, territories, and natural resources is the basis for their collective survival
and is, thus, inextricably linked to their right to self-determination. Removed from their
131
http://chr.gov.ph/wp-content/uploads/2020/04/Human-Rights-Advisory-on-Indigenous-Cultural-CommunitiesIndigenous-Peoples-ICCsIps-Amidst-the-COVID-19-Pandemic-CHR-V-A2020-006.pdf.
132
CHR CAR (2020, July 30). Regional Human Rights Situation Report January to June 2020, p. 30; CHR XI (2021,Jan
28). Regional Human Rights Situation Report July 2020 to December 2020, p. 16.
133
CHR CAR (2020, July 30). Regional Human Rights Situation Report January to June 2020.
134
CHR Region XI (2020, July 30). Regional Human Rights Situation Report January 2020 to June 2020, p. 17.