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.
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