of certain economic enterprises, which may be resisted by the
local indigenous communities. Such operations may result in
land dispossession, forced displacement, physical abuse, torture,
arbitrary detention, summary executions, destruction of houses,
including the reported bombing of an indigenous village, as well
as “hamleting,” xxx and appear to form part of recurring patterns
of HR abuses committed against Philippine IPs in anticipation of
the establishment of major development projects in indigenous
territories.84
81. The Commission notes, very sadly, that the natural resources which IPs
preserved for centuries in their ancestral domains have only brought them
oppression from conflicting forces. Instead of benefiting from these resources,
their very own existence is put in jeopardy. The rush to control these resources
by individuals and entities other than themselves is generating HR crises for
them.
82. The Commission reiterates its warning85 that, with the government’s reliance
on mining investments for development, there is a need for vigilance against
HR violations, particularly of rights of IPs. The Lumad, whose issues are
under consideration herein, are particularly vulnerable since their domains are
within the resource-rich Pantaron Range.
83. The UNDRIP provides that IPs have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise used
or acquired86 and prohibits the forcible displacement of IPs from their lands
or territories.87 The UNDRIP generally prohibits the conduct of military
activities in indigenous lands or territories,88 especially as a precursor to
resource extraction. Moreover, IPs have the right to free, prior, and informed
consent to all development projects that are proposed to be conducted within
their ancestral domains.
Political Vilification and Red-Tagging
84. Many in the military present several civil society organizations as “fronts”
of the CPP and its armed group, the NPA. The CPP allegedly directs the
decisions and actions of these groups to harness support for the armed
struggle that it has been waging since 1969. This is a belief based on the
CPP’s own official statement:
Aside from waging armed struggle against the enemy, our Party
uses the policy and tactics of the united front. In the main, the
84 Rodolfo Stavenhagen, Report of the Special Rapporteur on the situation of human rights and fundamental freedoms
of Indigenous People, submitted in accordance with Commission on Human Rights resolution 2002/65: Mission to The
Philippines, E/CN.4/2003/90/Add.3, 5 March 2003, at 17.
85 Commission on Human Rights of the Philippines (CHRP), Submission to the Universal Periodic Review – Philippines, June
2012, para. 33.
86 Article 26, UNDRIP.
87 Id., Article 10.
88 Id., Article 30(1).
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