Mayangao,Rhodalia

Tepoksa, Brigette
BECED2-A
September 24, 2019
It Takes Modern Means to be Traditional:
On Recognizing Indigenous Cultural Communities in the Philippines
Which Indigenous rights?
What kind of rights are indigenous rights? What are their limits and who is ultimately
affected? one school of thought places them in the family of collective rights that cannot
be reduced to the right of an individual(Hartney,1995;Johnston,1995). The issue of how
rights of an indigenous people intersect with cultural rights poses even more troubling
questions(Kumar,1988;Urry1979).
Indigenous Peoples Right Act
The indigenous peoples right act of 1997 is the key legislation in the recognition of
indigenous people’s rights.
Indigenous People ,Indigenous Population or Cultural Minorities?
As soon as the term indigenous people is invoked ,rights are called into play that have
been enshrined in international conventions and other instruments not the least the
International Bill of Human Rights. Many indigenous people peoples don’t see
themselves as minorities but as peoples. Accepting the label minority would imply
accepting the legitimacy of jurisdiction of the state,the colonizing agent.
Central Issues in The Recognition of Indigenous Rights
Any talk of indigenous rights immediately begs the question of who is indigenous. There
are issues about what kind of rights are involved,who defines these rights and how they
are administered. There is a lingering debate over the terms people or population, each
of which carries very different connotations.
Definitions: Appropriate Terminology and its Consequences
The first problem in recognizing the rights of indigenous people is the definition of
indigenous. The term indigenous has emerged in practice over the years and has no
accepted definition. Its existence is in fact an accident of history(Barsh,1986:373).The
Philippine Constitution of 1987 introduces the term Indigenous Cultural
Communities(ICC). In the section”Declaration of State Principles” it announces: The
state recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.(articleII,Sec.22).
The Concept of Local Government in the Philippines
There are several reasons why one needs to discuss the recognition of indigenous legal
systems in the Philippine context as sub- issue of local government.The first is simply
formal: it was the constitutional subcommision on local government chaired by Nolledo,
that introduced the recognition of ancestral domain and other indigenous legal issues.

Non- Governmental Organizations and Indigenous Peoples in the Philippines

A further factor contributing to the growth of NGOs in the Philippines came from the
political contradictions that emerged during the final Marcos years. It was in Marcos’
interest to support NGOs so that his administration and especially his wife Imelda
Marcos in her role as Governor of Metro Manila and Secretary of the Department of
Human Settlements could jump on the international bandwagon by promoting people’s
organizations. The NGO world in the Philippines only uses the term indigenous
peoples, the government still prefers the term cultural communities. One of the
characteristics of NGO involvement with the indigenous peoples in the Philippines has
been the role of local traditional leadership. The main role of NGOs in the struggles of
the indigenous peoples has therefore been to offer communication resources and
technical assistance in the form of legal and environmental expertise.
Situating Indigenous Cultural Communities In The Philippines
A history of the Philippine Minority administration is still unwritten . The Philippines are
home to enormous ethnic diversity. There are 172 languages and Tagalog and English
are the official languages .
The first event that drew international minority problems in the archipelago was the
Chico River Dam scandal. A number of people who opposed the Chico Dam project
resorted to armed struggle by joining the New Peoples Army (NPA).
It was also a way in protecting their ancestral land.
It led to the killing of leader Pangat Maclijing Dulag in 1980 by the Philippines
Constabulary Strike Force Battalion.
Philippines were colonized
Recognition of Bangsa Moro movement in the Tripoli agreement between the Philippine
Government and the Moro National Liberation Front(MNLF)
Conclusion
Emergence of populism within state and government in the last two decades may be
attributed to global civil society movements and local NGOs who are increasingly
putting forward more emancipator agendas on behalf of local peoples and
communities.(Machado1994).