Human Rights Law: The United

Nations Declaration on the

Rights of Indigenous
Peoples (UNDRIP)
Ms. Aggasid, Clathem
Mr. Bilog, Armando
Ms. Catubig, Angelique
Ms. Dominia, Marielou
Mr. Mosada, Enrique III
Ms. Valera, Leah
LAW- IIB

Submitted to:
Atty. Libiran, John Rey

United Nations Declaration on the Rights of Indigenous Peoples

(UNDRIP)

December, 2015

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United Nations Declaration on the Rights of Indigenous Peoples

(UNDRIP)

Overview of the United Nations

Declaration on the Rights of Indigenous
Peoples
Prepared by: Dominia, Marielou

I. Background

Most nation-states have refused to recognize the

demand of indigenous peoples to remain rooted in their

lands and territories, which define their social systems,
culture and identity. This has been the case with the
United States, Canada, Australia, and New Zealand.

Indigenous leaders in the in the 1970s began to engage

the United Nations in Negotiations for the recognition of

their people's rights as human rights.

The UN Working Group on Indigenous Populations

(WGIP) was established in 1982. According to WGIP Chair,

Professor Erica-Irene Daes, indigenous peoples are the
first grassroots movement to gain direct access to
the UN.

The Working Group on the Draft Declaration

(WGDD) was formed in 1995 under the auspices of the

Sub-Commission on Human Rights.

Both indigenous

peoples and governments were engaged for eleven (11)

years in the WGDDs work. The indigenous leaders strove
for the inclusion of substantive articles in the Draft
Declaration on the inherent rights of indigenous peoples to
self-determination

and

to

their

land,

territories

and

resources.

Finally, in June 2006, the UN Human Rights Council

(HRC) adopted the Draft Declaration, with some revisions

from the Chair of the WGDD. Then in September 2007, the

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United Nations Declaration on the Rights of Indigenous Peoples

(UNDRIP)

UN

General

Assembly

adopted

the

United

Nations

Declaration on the Rights of Indigenous Peoples.

II. Declaration

An international human rights instrument that sets the

minimum standards for guaranteeing the collective rights

of indigenous peoples.

It is an affirmation of collective

rights that have long been exercised by indigenous

peoples. It is not a new set of rights granted by
states; rather, it is a recognition of inherent rights
and defines the obligations of states to respect
those rights.

Like the Universal Declaration of Human Rights, the

UNDRIP is a legal instrument.

By its nature as a

Declaration, it may not have the binding force of a

Convention.
However, as R. Hatano, a member of the WGDD, has
emphasized, the Declaration nonetheless sets out the
rights of indigenous peoples and the duties of States
towards these peoples. Besides, much of its contents
are reiterations of rights already provided for in the
aforementioned

Conventions;

they

specify

that

the

provisions in these Conventions apply to indigenous peoples.

Adopted by a majority of 144 states in favor, 4 votes

against (Australia, Canada, New Zealand and the United

States)
Bhutan,

and

11

Burundi,

abstentions
Colombia,

(Azerbaijan,
Georgia,

Bangladesh,

Kenya,

Nigeria,

Russian Federation, Samoa and Ukraine).

III. Contents
The UNDRIP consists of 24 preambular paragraphs and
46 operative articles.

The preambular paragraphs give the

background, lay out the context, and define the parameters of the
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United Nations Declaration on the Rights of Indigenous Peoples

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operative articles, which set down the actual rights of indigenous

peoples.
A. The 24 Preambular Paragraphs
Statements of historical reference and reiterations of
international instruments that uphold the fundamental
rights of indigenous peoples.
Contains references to existing international human
rights standards and basic principles of international
law, including the Charter of the United Nations, the
ICESCR, the ICCPR, the ICERD and, above all, the
principle on the equal application of the right of selfdetermination to all peoples.
Welcomes

the

efforts

of

indigenous

peoples

in

organizing them- selves for political, economic, social

and cultural enhancement.
It recognizes that respect for indigenous peoples
knowledge, culture and traditional practices contributes
to sustainable development and to the protection of the
environment.
B. The 46 Operational Articles
The articles enumerate and elaborate on the individual
and collective rights of indigenous peoples.

The articles

define the obligations of states in relation to the rights of

indigenous peoples.

They also state that the exercise of

these rights shall be subject only to such limitation as are

determined by law and in accordance with international
human rights obligations, and shall be non-discriminatory.
It is possible to divide the UNDRIP into ten distinguishable
parts.
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United Nations Declaration on the Rights of Indigenous Peoples

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Part 1: Articles 1 to 5
These articles set down important general principles,
including the recognition of the right to self-determination.
Part 2: Articles 6 to 11
These articles affirm the right of every individual among
the indigenous peoples to a nationality, as well as the right
of indigenous peoples to physical existence, integrity and
security, and to full guarantees against genocide, forced
population transfer and dislocation, and against the removal
of indigenous children from their families and communities.
They also affirm the need for Free, Prior and Informed
Consent (FPIC) in the matter of relocation.
Part 3: Articles 12 to 14
This part proclaims rights connected with the cultural,
spiritual and linguistic identity of indigenous peoples.

It

affirms the right of indigenous peoples to practice and

revitalize their cultures and traditions; to manifest, practice,
develop and teach their spiritual and religious traditions,
customs and ceremonies; to revitalize, use, develop and
transmit to future generations their histories, oral traditions,
languages, etc.
This part also mentions the responsibility of states to
address grievances and provide re- dress mechanisms,
developed in conjunction with indigenous peoples.
Part 4: Articles 15 to 16
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This

part

enumerates

various

rights

related

to

education and information: the right to set up indigenous

educational institutions; the right of access to education in
indigenous languages and cultures; the right of access to the
mass media; the right to appropriate portrayal of indigenous
culture in such media.
This part also mentions the responsibility of states to
take special and effective measures in order to implement
the said rights.
Part 5: Article 17
This part is about international labour law and national
labour legislation concerning standards and guarantees
against child labour and other violations of labour standards.
Part 6: Articles 18 to 24
This part enumerates the various rights of indigenous
peoples related to decision-making and development. It
stresses the need for the participation or representation of
indigenous peoples in legislative, administrative and other
decision-making processes, and for FPIC.
This part elaborates on the rights of indigenous peoples
to the maintenance and development of their political,
economic and social institutions; to economic upliftment and
social services without discrimination; to traditional medicine
as well as access to health services. It also elaborates on
the special needs and the development of indigenous
women, elders, youth, children and persons with disabilities.
It provides for guarantees against all forms of violence and
discrimination.
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Part 7: Articles 25 to 34
This part deals with the rights of indigenous peoples to
their lands and territories and the resources these hold, and
to the conservation of their environment. It also deals with
the rights of indigenous peoples to the integrity and
conservation

of

their

genetic

resources,

traditional

knowledge, science and technology, culture and identity.

The principle of FPIC regarding projects affecting
indigenous lands and other resources is reiterated. Military
activities are prohibited from the lands or territories of
indigenous peoples unless justified by a significant threat to
public interest, or freely agreed to or requested by the
indigenous peoples concerned.
Part 8: Article 35
This part upholds the right of indigenous peoples to
define

the

responsibilities

of

individuals

to

their

communities.
Part 9: Articles 36 to 37
This part deals with the rights of indigenous peoples
across borders, and in relation to states with whom they
have forged treaties.
Part 10: Articles 38 to 46
This section is composed of general provisions. It deals
with the obligation of states to take effective and appropriate
measures, including legislation, in order to achieve the
purposes of the Declaration.

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It also specifies the right of indigenous people to have

access to financial and technical assistance from states and
through international cooperation; the right to have access
to and prompt decision through just and fair procedures for
the resolution of conflicts and disputes with states or other
parties.
It provides for the organs and specialized agencies of
the UN system and other intergovernmental organizations to
contribute to the full realization of the provisions of the
Declaration. It promotes respect for, full application of, and
follow-up on the effectiveness of the Declaration by the UN
and its bodies, including the UN Permanent Forum on
Indigenous Issues (PFII).
C. The Provisions Of The UNDRIP By Thematic Area
It is also possible to divide the UNDRIP into provisions
regarding particular thematic areas. The thematic areas are:
1. Self-Determination and Self-Government;
2. Free, Prior and Informed Consent;
3. Customary Law;
4. Land, Territory and Resources;
5. Cultural Rights;
6. Development Issues;
7. Migration and Trans-Border Issues;
8. Militarization and Human Rights;
9. Special Sectoral Concerns.

IV. Indigenous Peoples

No universal definition necessary for the recognition and
protection of the rights of indigenous people.
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Identification is more useful than definition

Self-identification most crucial
Common Characteristics:
ILO Indigenous and Tribal Peoples Convention 169
Martinez

Cobo

study

on

discrimination

against

indigenous peoples
Working

Group

on

Indigenous

Populations(WGIP):

relevant factors
UN Declaration on the Right of Indigenous People,
Article 33: Indigenous peoples have the right to
determine

their

own

identity

or

membership

in

accordance with their customs and traditions.

ILO Convention 169
Tribal peoples whose social, cultural and economic
conditions distinguish them from other sections of the
national community, and whose status is regulated
wholly or partially by their own customs and traditions
or by special laws or regulations.
Peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the
country, or a geographical region to which the country
belongs, at the time of conquest or colonization or the
establishment of present state boundaries and who,
irrespective of their legal status, retain some or all of
their own

social,

economic, cultural and political

institutions.
The Convention also states that self-identification as
indigenous or tribal shall be regarded as fundamental
criterion for determining the groups to which the
provisions of this Convention apply.
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Martinez Cobo study:

Indigenous communities, peoples and nations are those
which:
Have a historical continuity with pre-invasion and
pre-colonial societies that developed on their
territories.
Consider themselves distinct from other sectors of
the societies now prevailing in those territories, or
parts of them
Form at present non-dominant sectors of society
Are determined to preserve, develop and transmit
to future generations their ancestral territories,
and their distinct identity, as the basis of their
continued existence as peoples, in accordance
with their own cultural patterns, social institutions
and legal systems.
Working Group on Indigenous Populations Relevant
factors
Priority in time, with respect to the occupation and use
of a specific territory.
The voluntary perpetuation of cultural distinctiveness,
which may include the aspects of language, social
organizations, religion and spiritual values, modes of
production, laws and institutions
Self-identification, as well as recognition by other
groups, or by State authorities, as a distinct collectivity.
An

experience

of

subjugation,

marginalization,

dispossession, exclusion or discrimination, whether or

not theses conditions permit.
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R.A. 8371 or IPRA:

Legal definition: A group of people or homogenous
societies identified by self-ascription and ascription by others.
Characteristics:

minority,

cultural

tradition,

distinct

language, territory, self-identity.

Self-Determination and Self-Government

prepared by: Dominia, marielou

Right to Self-Determination(Article 3, UNDRIP):

Freely determine the political status of your people
Freely pursue economic, social and cultural development
Autonomy or self-government in matters relating to internal
and local affairs
Formal

recognition

of

indigenous

peoples'

traditional

institutions, internal justice and conflict-resolution systems,

and ways of socio-political organization
Ways and means for financing autonomous function
Conditions for self-management
According to some legal scholars, the Essence of the right to selfdetermination is actually embodied in just two words: Consent
and control.

Consent: This is the freedom of a people to say yes or no,

to accept or reject any proposal, project, program or policy,
any activity or action that has any sort of implication on their
individual lives and their life as a community, and on their
territory, the lands this encompasses, the other resources it
holds. A people can exercise this freedom within any
context, whether or not the people are self-governing.
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Control: A people, however, may be able to exercise

greater power i.e., the power of control.

More than just

having the freedom to react positively or negatively to the

initiatives of others, they can actively (some use the word
pro-actively) set their own guidelines or rules, formulate
their own laws and policies, outline their own programs and
projects, and get these enforced or implemented. They are
able to exercise full sovereignty over their life as a
community, their territory, the lands it encompasses and the
other resources it holds. Such a people fully enjoy the right
to self-determination because they are fully self-governing.
Right to Self-Government

The right to self-government directly translates into the right

of peoples to govern themselves without external influence.

This right covers a wide range of options:

seceding outright from a state and creating their

own state;

joining a federation of states as one constituent

and co-equal state;

constituting an autonomous political unit wherein it

exercises a degree of self-rule within a broader nationstate; and

asserting specific rights as defined by the basic

laws and through specific processes of the nationstate.

There is no explicit UNDRIP provision that refers to an
indigenous peoples right to create an independent state.

Article 46 clearly states:

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Nothing in this Declaration may beconstrued as authorizing or
encouraging any action which would dismember or impair, totally or in part,
the territorial integrity or political unity of sovereign and independent
States.

-------------------------------------------------

Free, Prior, Informed Consent

Prepared by mosada, Enrique III

In issuing Guidelines on Indigenous Peoples Issues, the UN

Development Group (2008:28) defined the Elements of Free,
Prior and Informed Consent as follows:
Free should imply no coercion, intimidation or manipulation;
Prior should imply consent has been sought sufficiently in
advance of any authorization or commencement of activities
and
respect
time
requirements
of
indigenous
consultation/consensus processes;
Informed should imply that information is provided that
covers (at least) the following aspects:
a. The nature, size, pace, reversibility and scope of any
proposed project or activity;
b. The reason/s or purpose of the project and/or activity;
c. The duration of the above;
d. The locality of areas that will be affected;
e. A preliminary assessment of the likely economic, social,
cultural and environmental impact, including potential risks
and fair and equitable benefit sharing in a context that
respects the precautionary principle;
f. Personnel likely to be involved in the execution of the
proposed project (including indigenous peoples, private
sector staff, research institutions, government employees
and others)
g. Procedures that the project may entail.
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The drafters of the original Implementing Rules and Regulations

(IRR) of the Philippines Indigenous Peoples Rights Act (IPRA)
have referred to free, prior, informed consent as an instrument of
empowerment which enables IPs [indigenous peoples] to
exercise their right to self determination (IPRA IRR Part III Section
1). Indeed, in situations where indigenous peoples are not selfgoverning and, therefore, not in full control of their territories,
lands, resources or even their very lives, FPIC is usually the only
instrument of self-determination that they can lay their hands on.
The drafters of IPRA (Chapter II Section 3g) define FPIC as:
the consensus of all members of the ICCs/IPs [indigenous
cultural communities/indigenous peoples] to be determined .
. . free from any external manipulation, interference or
coercion, and obtained after fully disclosing the intent and
scope of the activity, in a language and process
understandable to the community . . .
At the same time, the International Indian Treaty Council (2008: 56) put forward the following definitions of the elements of FPIC:
1)

Free is defined as the absence of coercion and

outside pressure, including monetary inducements
(unless they are mutually agreed on as part of a
settlement process), and divide and conquer
tactics. It must also include the absence of any
threats of retaliation if it results in the decision to say
no.

2)

Prior is defined as a process taking place with

sufficient lead time to allow the information
gathering and sharing process to take place,
including translations into traditional languages and
verbal dissemination as needed, according to the
decision-making
processes
decided
by
the
Indigenous Peoples in question. It must also take
place without time pressure or time constraints. A
plan or project must not begin before this process is
fully completed and an agreement is reached.

3)

Informed is defined as having all relevant

information reflecting all views and positions. This
includes the input of traditional elders, spiritual
leaders, traditional subsistence practitioners and
traditional knowledge holders, with adequate time
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and resources to find and consider information that is

impartial and balanced as to potential risks and
benefits, based on the precautionary principle
regarding potential threats to health, environment or
traditional means of subsistence.

4)

Consent can be defined as the demonstration of

clear and compelling agreement, using a mechanism
to reach agreement which is in itself agreed to under
the principle of FPIC, in keeping with the decisionmaking structures and criteria of the Indigenous
Peoples in question, including traditional consensus
procedures. Agreements must be reached with the
full and effective participation of the authorized
leaders,
representatives
or
decision-making
institutions as decided by the Indigenous Peoples
themselves.

There are several areas of concern in which the principle of

free, prior, informed consent has consistently been violated.
Indigenous peoples must insist on FPIC compliance in these areas.
These include but might not be limited to:
The exploitation of land and other natural resources
within a peoples territory, especially where this may result
in:
environmental damage or degradation;
health and safety hazards;
the economic dislocation of the people resulting from the
degradation of their traditional means of livelihood;
the relocation or removal of the people from their
traditional territory;
the desecration of burial sites and other sacred places;

Military occupation;
The exploitation of a peoples traditional knowledge,
e.g. in food production and medicine, especially where
this involves:

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the taking of mineral, plant and animal materials from

the area,

for

uses that the people can

neither

determine nor control;

the patenting of such materials or the registration of
claims of intellectual property
rights over these, disenfranchising the people who
originally discovered them and depriving other people
of free access to them;
The taking of samples of human tissue for genetic
studies, especially where this involves the patenting of the
genetic materials, as has happened with the Human Genome
and the Human Genome Diversity projects;
The exploitation of a peoples culture, especially
where this involves:
the taking of human remains and other sacred
and historical artifacts;
the display of sacred ceremonies and other
rituals outside of their proper context;
the inappropriate portrayal of the people and
their culture, particularly in the mass media and
for tourism.
EXAMPLE:
MANEUVERING AROUND FPIC REQUIREMENTS FOR
THE SAN ROQUE DAM PROJECT, PHILIPPINES
Needs, Capacities, Strategies
The paramount need is for national legislation providing for the
right of indigenous peoples to free, prior, informed consent on all
matters that pertain to or affect them and their territories, the
lands these encompass and the other resources these hold.

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What strategy should indigenous peoples employ to achieve

such legislation, and
Whether indigenous peoples have the capacity to implement
such a strategy.
Implementation and Monitoring
In some Asian countries, the challenge is not the absence of
favorable laws or policies but rather the violation or nonimplementation of these, as is the case in the Philippines.
In such cases, the challenge to indigenous peoples is that:
They be vigilant and keep track of all policies, programs
and projects, actions and activities outlined for them or their
territories.
They demand that each and every policy, program and
project, action and activity affecting them go through the
FPIC process i.e.:
prior to the implementation of the policy, program or
project, action or activity,
all information about it and its implications be
divulged to their communities;
their communities are afforded time to deliberate the
matter according to customary processes;
their communities are given freedom to say yes or no,
and their answer will be respected.
If communities consent to a policy, program or project,
action or activity, they deliberate among themselves what
terms or conditions they should ask for, negotiate for these
assertively and lay these down clearly in a memorandum of
agreement with the entity concerned.

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They monitor the implementation of the agreement

vigilantly.

Customary Law
Prepared by mosada, Enrique III

Definition:
A legal scholar has defined customary law as:
an established system of immemorial rules which had evolved
from the way of life and natural wants of the people, the general
context of which was a matter of common knowledge, coupled
with precedents applying to special cases, which were retained in
the memories of the chief and his counselors, their sons and their
sons sons, until forgotten, or until they became part of the
immemorial rules (Bekker 1989:11).

Social research has shown customary law to be continually

evolving. In studying legal pluralism in the Northern Luzon
Cordillera, an anthropologist has observed customary law to be
both structure and process [Wiber 1993:13], and one of our
own colleagues has found it to be:

a system which people

evolved, transformed or innovated on over time, in the

course of their coming to terms with changing realities
[Gimenez 1996: 14].
Customary law is a coherent body of laws, but it is not rigid like
state law.
Three kinds of laws are of particular importance to most
indigenous peoples.
They are:

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laws governing family and kinship: these include matters

pertaining to marriage, divorce, child custody, maintenance,
inheritance, etc.;
laws governing territory and the ownership or use of, or
access to land and resources;
laws governing feuds or violent conflict among individuals
or kinship groups within the community, or between
communities that observe common principles of conflict
resolution.
General Situation
The conflict between customary law and state law has
produced different situations in the various countries and among
the various indigenous peoples of Asia. They include the
following:
The main body of customary law is recognized and
respected by the pre-existing state, and institutional mechanisms
are created to reconcile or minimize conflicts between customary
law, on one hand, and state legislation and jurisprudence, on the
other hand.
The main body of customary law is suppressed or
supplanted by state law. While parts of it may be selectively
assimilated

by

state

law,

the

rest

gradually

atrophies,

marginalized by suppression or disuse.

The main body of customary law develops into its own
expanded set of state laws, usually in the context of a new state
created through a revolutionary process.
Challenges in Implementation
In many Asian countries, indigenous peoples and states
encounter the following challenges with regards recognition and
respect of customary law. In general, these are either negative
laws and policies, or of non-implementation of positive laws:
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There exist conflicts between state law and customary law,

especially regarding land and resources. The status of customary
law is often regarded to be of a lower status and of lower priority
in application.
With respect to family law, a great challenge is gender issues:
women do not enjoy equal rights in the customary laws of
numerous indigenous peoples worldwide.
Some customary laws may also conflict with national and
international human rights standards, such as on the matter of
womens rights and child
rights.
Whether to codify customary law or not often becomes a
controversy among indigenous communities, or between an
indigenous people that relies on flexible and adaptive practice
and a state that requires codification. Codification is not the same
as simply writing down customary law. It depends on the practice,
i.e., what prevails. One challenge is thus how to sustain
customary law without codification, and thus maintain its
flexibility and adaptability.
Arbitration vs. court cases: arbitration under customary law is
cheaper, faster, not stuck in formalities, more flexible and allows
for more nuances and local adaptations.
In some cases, establishing individual membership in an
indigenous community becomes problematic. For example, do the
children of a mixed-marriage family (an indigenous parent and a
non-indigenous parent) keep their membership?
In still other cases, equal inheritance of land by men and women
may conflict with the communitys interest to maintain contiguous

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clan/village territories, and even its collective control over land in

the case of mixed marriages.
PHILIPPINES. Indigenous Peoples Rights Act (IPRA).
For customary resource rights again, with necessary
caveats IPRA, Philippines may also be mentioned. Challenges
and difficulties include (i) inadequate funding of the National
Commission on Indigenous Peoples (NCIP), (ii) slow pace of
provision of titles; (iii) conflicting traditions and customs between
communities, etc.
Needs, Capacities, Strategies
Needs.
Some needs are fairly common: like difficulties of accessing
information on customary law principles, absence of a data base,
absence of compendia on customary laws etc.
Capacities.
Capacity-raising

of

indigenous

peoples

organizations,

leaders and activists is required in most situations. Training

programmes of PACOS, Hill Tracts NGO Forum (later, CIPD and
KMKS) may provide some ideas.
Strategies.
Strategies are required on how best to collect information
(e.g., to codify or not), on how to lobby (civic action, litigation in
court, human rights advocacy, etc.).
Implementation
Implementation or enjoyment or exercise of the customary
law rights that are already recognized in state law will vary from
country to country and people to people.

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Examples of best practice laws that have been mentioned are the
Autonomous District Councils in Northeast India; the Land Titling
in Philippines (under IPRA); and the Waitangi Tribunal in Aotoroa,
New

Zealand.

In

practice,

however,

there

are

severe

implementation gaps in the said examples.

There will most likely be similar implementation challenges in
most other countries.

Land, Territory and Resources

prepared by: Aggasid, Clathem

A. Indigenous peoples relationship to land, territory and

resources
1.
to land

Indigenous Peoples relationship of indigenous peoples

A profound relationship exists between indigenous peoples and

their lands. This relationship has social, cultural, spiritual,
economic and political dimensions and responsibilities. The
collective dimension of this relationship is significant and the
intergenerational aspect of such a relationship is also crucial to
indigenous peoples identity, survival and cultural viability.
The multi-dimensional character of the indigenous peoples
relationship to land from that of many other peoples.
a.

Land is the basis of livelihood

Over centuries or even millennia, indigenous peoples have

developed sophisticated and well-adapted forms of land and
resource use that provide their communities with what they need
to make living.
b.
The relationship of indigenous peoples to the land goes
beyond economics; it has a social and cultural dimension.
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The social organization of indigenous people is reflected

in the way the community regulates access to land and
resources.
c.
Indigenous peoples have a strong spiritual relationship
to land.
Many indigenous peoples believe that, along with many
kinds of nature spirits, their ancestors spirits continue to live
on their land. Thus, indigenous peoples territories typically
have many sacred places which are either never visited, or
visited for special ceremonies. The land is their temple.
d.
The relationship to land is strongly communal. Land is
the source of collective identity as communities and as a
people.
e.
The relationship to land has also an intergenerational
dimension
Land has been handed down by the ancestors and it will
be handed down again to children. As a result, there is a
strong sense of responsibility towards the land.
2.

The Consequences of land loss

Since the relationship of indigenous peoples to land is

usually so close and multi- dimensional, the impact of land loss
can be devastating. Among some indigenous peoples it has led
to social breakdown.
B.

Indigenous peoples right to Land, territory and Resources

1.

Non-recognition by the state

Except for international sea waters, the whole world has

been divided up among nation states. So today, indigenous
peoples all over the world live within the boundaries of one
nation state or another.
a.

Colonization, external and internal

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The underlying justification used is connected to

the doctrine of terra nullius. The doctrine holds that
indigenous lands are legally un occupied until the arrival
of a colonial presence and can therefore become the
property of the colonizing power through effective
occupation.
Ex. Regalian doctrine in the Philippines
b.

Territorial rights

The collective nature of indigenous peoples right

is most clearly expressed in the affirmation of their
rights to their territories.
Territory is a defined area, including land and
waters, considered to be the possession of an animal,
person, people, organization, institution, country
subdivision, nation or state.
2.

Indigenous peoples customary law and state law

The customary laws regulating such communitybased land and resource use systems are usually very
complex. Use or ownership rights of particular resource
or stretch of land depend on the nature of the land or
resource and the relationship that has evolved between
this particular resource or track of land and the
community members.

Cultural Rights
Prepared by Catubig, Angelique

Each indigenous culture is distinct and unique. While many

peoples

may

express

similar

worldviews

and

common

indigenous identity, their cultures are nonetheless based on

different histories, environments, and creative spirits.
A. Culture as a Basic Component of Indigenous
Identity
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Language, their way of thought, their way of life their

ways of viewing, approaching and relating with their
particular environment and with the world in general
PHILIPPINES

It

is

estimated

that

12-15

million

indigenous people inhabit the Philippines (approximately 1520% of the total population), speaking around 170 different
languages and belonging to 110 ethnic communities
B.

The Cultural Rights of Indigenous Peoples

the freedom of indigenous peoples to persist in, also to
develop, their own
language;
worldview, religion or belief system and spiritual
traditions, philosophy and ethical system;
knowledge and learning systems, science and
technology;
customs, practices or habitual ways of doing
things;
music, performing arts, literature, visual and
other arts;
the right to the recognition of their ownership or
authorship of the above;
the right to their heritage as embodied by and
transmitted through their:
history and oral traditions;
artifacts and archaeological sites;
education in these and in their culture as a
whole;
the right to respect their culture and its integrity to
respect these for what they are;

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C.

Cultural Rights in International Instruments Prior

to UNDRIP
Some cultural rights were already provided for in
international instruments that preceded the UNDRIP
specifically:
the International Convention on the Elimination of All
Forms of Racial Discrimination, 1965, but the definition and
protection of cultural rights were not yet adequately
developed in this instrument; and
International

Covenant

on

Social,

Economic

and

Cultural Rights, 1966, but the instrument did not explicitly

address indigenous peoples cultural rights
THE REALITIES ON THE GROUND
1. The erosion, degradation, or destruction of indigenous
cultures

Philippine Aeta communities also known as Agta, Arta, Ata,

Ayta, etc. no longer speak their own languages even among

themselves; they have adopted the dominant language of trade
and government in their respective roaming areas.
2. Plunder and exploitation of indigenous culture

Many parts of Asia, sacred lands are inseparable from the

peoples home sites, crop cultivation sites, small mining sites,

water sources and forests because these host the remains of
venerated ancestors and are also the dwelling places of nature
spirits.

When

governments

and

private

corporations

evict

communities from their villages and seize their lands to build

hydropower dams, log timber, extract minerals, or develop
plantations, they thus also violate the communities sacred
places.
3. Discrimination
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In India, Adivasi, which simply means original settlers or

indigenous

people,

has

become

term

equated

with

backwardness. In this caste society, Adivasi are regarded as even

less than

Untouchables.

In the Philippines, indigenous peoples often called tribal

Filipinos even though many of them are not or no longer

organized as tribes have invariably been regarded as colorful,
brave, and interesting but primitive peoples, left behind by
history, belonging to different and inferior stocks or races. This
is transmitted to the majority of Filipinos by school texts, the
tourism authority and the mass media.

Development Issues
Prepared by Valera, Leah

1. Development Aggression - term for projects that involve the

usurpation of land and other natural resources within the
territories of indigenous peoples have settled or roamed.
Effects: Environmental Degradation Inability to meet basic
needs Loss of food security, high incidence of hunger and
occurrence of famine Competition and conflict within and
between communities over the scarce resources that remain
accessible to them Denial of right to self-determination
especially right to free, prior and informed consent

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2. Market Integration Indigenous people are compelled to sell

their labor power, talents or products of craftsmanship due to
livelihood displacement and decreased self-sufficiency in food and
other basic needs
Effects: Loss of food sovereignty and subsistence security
Vulnerability to Exploitation Degradation of Land and Other
Natural Resources Discarding of Traditional Knowledge and
Technology and Erosion of Indigenous Genetic Resources
Departure

from

Traditional

Values

and

Description

of

Customary Relations Pertaining to Land Migration and

Human Resource Depletion
Development Concerns Human development is the process
enlarging people's choices and enhancing their capabilities. The
process concerns the creation of an enabling environment in
which people can develop their full potential and lead productive,
creative lives in accord with their needs and interests. It is a broad
concept with as many dimensions as there are ways of enlarging
people's choices. Among the basic and critical dimensions are:
long and healthy life, access to knowledge and a decent standard
of living.
Sustainable Development. The concept of sustainable
development rejects the goal of endless economic growth and
boundless profit. it is possible for all persons to have all their
genuine needs met and to live decent, productive and creative
lives if the earth's remaining resources were to be utilized
rationally and carefully and benefits from utilization will be shared
equitably.
-------------------------------------------------

Migration and Trans-Border Issues

Prepared by Valera, leah
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Forms of Migration:
1. Forced Migration- used by authoritarian regimes as means of
social control; also known as populations transfer
2. Voluntary Migration- occurs when people themselves make
the decision to move elsewhere. a. Temporary b. Seasonal c.
Permanent
Causes of Migration:
1. Seeking Peace
2. Eking out a living
Indigenous Territories Divided by International Borders
Border restrictions of these indigenous territories often cause
disruption of pre-existing ties of trade, kinship, tribal alliances and
seasonal movements of people. Worse instances involve border
wars where indigenous communities are often subjected to tighter
restrictions on the movements of people and goods, to forced
relocation and other coercive methods amounting to ethnic
cleansing and to recruitment into paramilitaries of the warring
states.

Human Rights and Militarization

Prepared by Bilog, Armando

Define militarization.
Militarization is not merely the physical presence of massive military forces
and camps, BUT the governments reliance on the armed forces instead of
civilian agencies as its main instrument to implement state policies and
programs.
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One of the worst kinds of militarization is when the armed forces becomes
the main instrument of a chauvinist or ethnocidal state policy
to forcibly assimilate IPs into the dominant society, OR
to forcibly rule over indigenous territories.
What are international HR instruments?
They are treaties and other intl documents relevant to intl HR law and the
protection of HR in general.
1. Universal Declaration of Human Rights (UDHR), 1948
2. International Covenant on Civil & Political Rights (ICCPR), signed 16
Dec. 1966
3. International Covenant on Economic, Social and Cultural Rights
(ICESCR), signed 16 Dec. 1966
4. Vienna Declaration and Programme of Action, July 1993
Is the UNDRIP legally binding?
UN Declarations are generally NOT legally binding; however, they
represent the dynamic development of intl legal norms and reflect the
commitment of states to move in certain directions, abiding by certain
principles. This is the case for the UNDRIP as well. The Declaration is
expected to have a major effect on the rights of over 370 million IPs
worldwide.
What are the challenges in the implementation of UNDRIP?
1. Conflict of national l laws with international laws
2. Government programs in conflict with HR
3. Lack of funds for implementing HR instruments
4. Weak capacity of HR bodies
5. Language limitations in delivering HR services
6. Lack of awareness about HR instruments & bodies
7. Military hostility to HR groups
8. Legal issues in the application of HR laws
9. Weaknesses in the judicial system

Special Sectors
Prepared by Bilog, Armando

What are the special sectors that need particular attention and
support in the assertion of their rights as indigenous people?
1. indigenous women
are that half of the population who, because of the gender roles
assigned to them by society, are usually considered inferior or
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2.
3.
4.
5.

subordinate to men. They are thus often discriminated against

and boxed into stereotype roles in society such as women are
the weaker sex, or should obey their husbands, or stay
home to cook, clean, and look after their children.
indigenous children
those aged below 18 years
indigenous youth
those aged 18-35 years
indigenous elders and
those aged 60 years and above
the disabled
those persons with deficiencies, whether congenital or not, in
their physical or mental capacities

References:
Training Manual on the United Nations Declaration on
the Rigths of Indigenous Peoples(2010) by Asia
Indigenous Peoples Pact

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The United Nations Declaration on the Rights of

Indigenous Peoples: A Manual for National Human
Rights Institutions(August, 2013) by Asia Pacific
Forum of National Human Rights Institutions and the
Office of the United Nations High Commissioner for
Human Rights

Guide to R.A. 8371(2003) by Coalition for Indigenous

Peoples

Rights

And

Ancestral

Domains

in

cooperation with International Labor Organization

and BILANCE- Asia Department

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