131. The Commission, after carefully considering all the testimonies given
during the hearings and the data it gathered, acknowledges that both
the government and the support groups coming from civil society were
motivated by concern for the plight of the Lumad. However, while they
were forcefully arguing their positions on what was best for the Lumad, they
may have forgotten that the Lumad – as a collective – could and would have
spoken for themselves.
132. Verily, it was within the rights of the Lumad to do so, as actors and decisionmakers in the discourse, rather than as objects whose fate was left to others
who assumed the role of their protectors. In the end, the Lumad were
disempowered.
133. The Commission reminds all the outside parties in the Lumad issue to
respect the prerogative of the Lumad to determine their fate. At the most,
they are encouraged to provide all information and assistance necessary
for the Lumad to arrive at a well-informed decision, unadulterated by any
agenda of which the Lumad have no part or relation.
134. The United Nations Committee on the Elimination of Racial Discrimination
(UNCERD) pronounced in its 1997 General Recommendation No. XXIII128
that to ensure non- discrimination in protecting IPs’ rights, including their
rights to their ancestral land, no decisions that relate to their rights and
interests should be made without their FPIC.129
135. The UNDRIP “(affirms) xxx that all doctrines, policies and practices
based on or advocating superiority of peoples or individuals on the basis
of national origin or racial, religious, ethnic, or cultural differences are
racist, scientifically false, legally invalid, morally condemnable, and socially
unjust.”130 It declares that “IPs and individuals are free and equal to all
other peoples and individuals and have the right to be free from any kind of
discrimination, in the exercise of their rights.131 They should be left alone
to make free and informed decisions to leave or return to their ancestral
land, or remain or depart from the UCCP Compound, insulated from
manipulation by any sector. Article 18 of the UNDRIP pronounces that
IPs “have the right to participate in decision-making on matters which
would affect their rights, through representatives chosen by themselves, in
128 Committee on the Elimination of all Forms of Racial Discrimination, General Recommendation No. 23: Rights of Indigenous
Peoples, U.N. Doc. A/52/18, annex V at 122 (1997).
129 The General Recommendation provides in part:
4. The Committee calls in particular upon States parties to:
(a) Recognize and respect indigenous distinct culture, history, language and way of life as an enrichment of the State’s
cultural identity and to promote its preservation;
(b) Ensure that members of IPs are free and equal in dignity and rights and free from any discrimination, in particular that
based on indigenous origin or identity;
(c) Provide IPs with conditions allowing for a sustainable economic and social development compatible with their cultural
characteristics;
(d) Ensure that members of IPs have equal rights in respect of effective participation in public life and that no decisions
directly relating to their rights and
interests are taken without their informed consent;
130 United Nations Declaration on the Rights of Indigenous Peoples, Preamble.
131 Id., Article 2.
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