The Center for Development Programs (CDPC) supported the submission of the human rights situation of indigenous Peoples in the Cordillera by the Cordillera Peoples Alliance (CPA) and the Cordillera Human Rights Alliance (CHRA) to Ms. Victoria Tauli-Corpuz, the United Nations Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP). The support given by the CDPC is part of its campaign to the right to self-determination of the indigenous peoples.
The Special Rapporteur in cooperation with the Office of the High Commissioner for Human Rights (OHCHR) called for inputs for her next thematic report on criminalization and attacks against indigenous peoples defending their rights under human rights treaties and the United Nations Declaration on the rights of indigenous peoples. Hence, CPA and CHRA prepared a report on the current human right situation of indigenous peoples in the Cordillera region. The report calls to redress some recommendations made by the former Special Rapporteur Rodolfo Stavenhagen who conducted the last country visit to the Philippines in 2003. It highlighted that the situation of indigenous peoples in the Cordillera continues to mirror institutional discrimination against the people. The following are some of the recommendations that should still be reiterated to the Philippine government:
- That resolving land rights issues should at all times take priority over commercial development. There needs to be recognition not only in law but also in practice of the prior right of traditional communities
- That the government of the Philippines carry out a prompt and effective investigation of the numerous human rights violations committed against indigenous peoples, which have been documented by human rights organizations and special fact-finding missions.
- Given the severity of the various alleged human rights abuses and the divisive effects on indigenous communities caused by irregular military units or paramilitary groups, the Special Rapporteur that the Citizen’s Armed Forces geographical Units (CAFGUs) be withdrawn from indigenous peoples’ territories.
- The adequate basic social services, including housing, education, heath, food and drinking water, be made available to all indigenous peoples in the country to the maximum extent possible
- The maximum protection be afforded to human rights defenders in carrying out their legitimate human rights work
- That the Government of the Philippines request the United Nations High Commission for Human Rights to establish an office in the Philippines to provide technical cooperation in the field of the promotion and protection of the human rights of indigenous peoples.
Dialogue between IPs and UNSRRIP
Specific cases of human rights violations in the Cordillera region from February 2017 to April 2018 were cited by CPA and CHRA to further support the need to redress the recommendations made by Stavehagen fifteen years ago. These cases were submitted through participating in a dialogue between indigenous groups and the UNSRRIP by the Kalipunan ng Katutubong Mamayan ng Pilipinas (KATRIBU) and Philippine Task Force for Indigenous Peoples’ Rights (TFIP). KATRIBU is a national alliance of regional and provincial indigenous peoples’ organizations representing various indigenous communities. On the other hand, TFIP is a network of non-governmental organizations in the Philippines advancing the cause of indigenous peoples (IPs) rights envisioning a society that promotes and defends IP rights and upholds their self-determined development.
Cases of massacre, killings, displacement, attacks on schools, illegal detention and arrest of indigenous peoples’ communities, leaders, and members were forwarded by the different IP groups who participated coming from Southern Tagalog, Surigao del Sur, Cagayan Valley, Cordillera region, and Lumad groups. Rachel Mariano, a woman human rights defender working with the health unit of CDPC, the Community Health, Education, Services and Training in the Cordillera Region (CHESTCORE) raised salient points from the report made by CPA and CHRA. It includes the importance of highlighting indigenous collective rights to land, thorough investigation of the human rights violations against indigenous peoples, the demand to pull out paramilitary groups such as the CAFGU as a move to demilitarize IP communities, adequate social services to IPs, and a request for a Philippine office from the UN High Commissioner for human rights for technical cooperation. Also, as a victim of politically motivated trump-up charges, Mariano strongly demand for a maximum protection be given to human rights defenders in the country.
The report on the attacks and criminalization of indigenous peoples rights defenders
The submissions were welcome by Ms. Tauli-Corpuz, these cases of violations on the rights of indigenous peoples were indeed reflected in her report on the rights of indigenous peoples. In the report, she argued that “in retaliation for advocating for the protection of their lands, indigenous peoples are being accused of being obstacles to development and acting against national interests. Indigenous leaders and communities seeking to raise their concerns over the negative impacts of projects on their rights, livelihoods and the environment have been targeted in violent attacks.” These attacks ranging from killings, force displacement, threats, and harassment in the form of criminal charges were meant to silence opposition of indigenous peoples in asserting their rights.
Furthermore, she specifically cited that in the Philippines the Department of Justice (DOJ) petition requesting the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) including 600 individuals be declared as terrorists. The Special Rapporteur was herself mentioned in the list in a retaliation for having raised concerns over the escalating violence against indigenous peoples. In this regard, the Special Rapporteur urges the international community to continue to monitor the situation and the safety of human rights defenders in the Philippines. Indigenous peoples in the country stigmatized and suspected to be members of NPA, increased militarization, and extrajudicial killings were also pointed out highlighting that indigenous Lumad communities in Mindanao have been particularly targeted.
In general, the Special Rapporteur recommends States to adopt measures to prevent and protect indigenous peoples putting an emphasis that all violent attacks against indigenous defenders must be promptly and impartially investigated employing a zero-tolerance approach. A safe environment for them to advocate their rights should be ensured by means of creating protection programs and drafting national policies and legislation in favor of human rights defender. Also, collective land rights of indigenous peoples need to be recognized in order to address the root causes of attacks and criminalization. It follows that law enforcement officials must refrain from the criminalization of indigenous peoples who are peacefully defending their rights to land and resources. Indeed, the Special Rapporteur recommendations to States echoes important issues that the CPA and CHR intends to redress in their report of the current human rights situation of indigenous people in the Cordillera.
The Special Rapporteur presented her report at the United Nations Human Rights Council thirty ninth session on September 19, 2018. This session is under the agenda of promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. In the issue of attacks and criminalization of indigenous peoples rights defenders, the Special Rapporteur noted that “it is a time for the world leaders to listen. They should have known better.” CDPC and its network members strongly shares the same sentiments.
Resolutions from the UN Human Rights Council
On a draft resolution on a human rights and indigenous peoples, the UN Human Rights Council took note of the report of the Special Rapporteur on the rights of indigenous peoples including her thematic study on attacks against and the criminalization of indigenous human rights defenders and available prevention and protection measures. It calls on all states to adopt a zero-tolerance approach to the killing of and violence against indigenous human rights defenders. This includes a call to fully implement the United Nations Declaration on the Rights of Indigenous Peoples to adopt measures to pursue its objectives in consultations and cooperation with indigenous peoples. It encourages states to apply the principle of leaving no one behind in the elaboration of relevant international and regional programs as well as national action plans, strategies, and programs.
On the other hand, the council encourages the Special Rapporteur, the Permanent Forum on Indigenous Issues and the Expert Mechanism on the Right of Indigenous Peoples (EMRIP) to strengthen their ongoing cooperation and coordination and ongoing efforts to promote the rights of indigenous peoples, the United Nations Declaration on the Rights of Indigenous Peoples, including the follow-up to the World Conference, and invites them to continue to work in close cooperation with all Human Rights Council mechanisms within their respective mandates;
The council decides to hold a half-day intersessional panel discussion on the protection of human rights defenders on the first day of the 12th session of the EMRIP.
originally published October 12, 2018